Section 15-11-103. (Effective until January 1, 2014) Placement of child following termination order; custodial authority; review of placement

   (a) Upon the entering of an order terminating the parental rights of a parent, a placement may be made only if the court finds that such placement is in the best interest of the child and in accordance with the child's court approved permanency plan created pursuant to Code Section 15-11-58. In determining which placement is in the child's best interest, the court shall enter findings of fact reflecting its consideration of the following:

   (1) The child's need for a placement that offers the greatest degree of legal permanence and security;

   (2) The least disruptive placement alternative for the child;

   (3) The child's sense of attachment and need for continuity of relationships; and

   (4) Any other factors the court deems relevant to its determination.

(b) A placement effected under the provisions of this Code section shall be conditional upon the person who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court.

(c) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the Department of Human Services within 15 days of the filing of such order.

(d) The custodian has authority to consent to the adoption of the child, the child's marriage, the child's enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.

(e) In those cases in which the court has placed the child pursuant to a permanency plan of adoption, if a petition seeking the adoption of the child is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. In those cases where parental rights to the child were terminated without the designation of a permanent guardian or adoptive family, the court shall, at least every six months thereafter as long as the child remains subject to the jurisdiction of the court, review the circumstances of the child to determine that placement in the family home-like setting continues to be in the child's best interest.

Code 1981, § 15-11-90, enacted by Ga. L. 1986, p. 1017, § 4; Ga. L. 1991, p. 602, § 1; Ga. L. 1996, p. 474, § 4; Ga. L. 1999, p. 252, § 2; Code 1981, § 15-11-103, as redesignated by Ga. L. 2000, p. 20, § 1; Ga. L. 2003, p. 16, § 5; Ga. L. 2003, p. 503, § 1; Ga. L. 2004, p. 399, § 1; Ga. L. 2009, p. 105, § 2/HB 254; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2010, p. 286, § 11/SB 244.