Section 15-11-2. (Effective January 1, 2014) Definitions

   As used in this chapter, the term:

   (1) "Abandonment" or "abandoned" means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo parental duties or relinquish parental claims may be evidenced by:

      (A) Failure, for a period of at least six months, to communicate meaningfully with a child;

      (B) Failure, for a period of at least six months, to maintain regular visitation with a child;

      (C) Leaving a child with another person without provision for his or her support for a period of at least six months;

      (D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite a child's parent, guardian, or legal custodian with his or her child;

      (E) Leaving a child without affording means of identifying such child or his or her parent, guardian, or legal custodian and:

         (i) The identity of such child's parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and

         (ii) A parent, guardian, or legal custodian has not come forward to claim such child within three months following the finding of such child;

      (F) Being absent from the home of his or her child for a period of time that creates a substantial risk of serious harm to a child left in the home;

      (G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or

      (H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims.

   (2) "Abuse" means:

      (A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of a child;

      (B) Emotional abuse;

      (C) Sexual abuse or sexual exploitation;

      (D) Prenatal abuse; or

      (E) The commission of an act of family violence as defined in Code Section 19-13-1 in the presence of a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this subparagraph, the term "presence" means physically present or able to see or hear.

   (3) "Adult" means any individual who is not a child as defined in paragraph (10) of this Code section.

   (4) "Affiliate court appointed special advocate program" means a locally operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interests of an abused or neglected child in dependency proceedings.

   (5) "Aggravated circumstances" means the parent has:

      (A) Abandoned an infant;

      (B) Attempted, conspired to attempt, or has subjected a child or his or her sibling to death or great bodily harm;

      (C) Attempted, conspired to attempt, or has subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual exploitation; or

      (D) Committed the murder or voluntary manslaughter of his or her child's other parent or has been convicted of aiding or abetting, attempting, or soliciting the murder or voluntary manslaughter of his or her child's other parent.

   (6) "Biological father" means the male who impregnated the biological mother resulting in the birth of a child.

   (7) "Business day" means Mondays through Fridays and shall not include weekends or legal holidays.

   (8) "Caregiver" means any person providing a residence for a child or any person legally obligated to provide or secure adequate care for a child, including his or her parent, guardian, or legal custodian.

   (9) "Case plan" means a plan which is designed to ensure that a child receives protection, proper care, and case management and may include services for a child, his or her parent, guardian, or legal custodian, and other caregivers.

   (10) "Child" means any individual who is:

      (A) Under the age of 18 years;

      (B) Under the age of 17 years when alleged to have committed a delinquent act;

      (C) Under the age of 22 years and in the care of DFCS;

      (D) Under the age of 23 years and eligible for and receiving independent living services through DFCS; or

      (E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court.

   (11) "Child in need of services" means:

      (A) A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is adjudicated to be:

         (i) Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant, as such term is defined in Code Section 15-11-381, from school;

         (ii) Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances;

         (iii) A runaway, as such term is defined in Code Section 15-11-381;

         (iv) A child who has committed an offense applicable only to a child;

         (v) A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of 12:00 Midnight and 5:00 A.M.;

         (vi) A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or

         (vii) A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his or her parent, guardian, or legal custodian, or who possesses alcoholic beverages; or

      (B) A child who has committed a delinquent act and is adjudicated to be in need of supervision but not in need of treatment or rehabilitation.

   (12) "Class A designated felony act" means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes:

      (A) Aggravated assault in violation of paragraph (1) or (3) of subsection (a) or subsection (c), (d), (e), (i), or (l) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, actually does result in serious bodily injury;

      (B) Aggravated battery;

      (C) Armed robbery not involving a firearm;

      (D) Arson in the first degree;

      (E) Attempted murder;

      (F) Escape in violation of Code Section 16-10-52, if such child has previously been adjudicated to have committed a class A designated felony act or class B designated felony act;

      (G) Hijacking a motor vehicle;

      (H) Kidnapping;

      (I) Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4;

      (J) Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1;

      (K) Any other act which, if committed by an adult, would be a felony in violation of Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for delinquent acts all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; or

      (L) Any other act which, if committed by an adult, would be a felony, if such child has three times previously been adjudicated for delinquent acts all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16 and one of which, if committed by an adult, would have been a felony in violation of Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location.

   (13) "Class B designated felony act" means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes:

      (A) Aggravated assault in violation of subsection (f), (g), or (j) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, would be likely to result in serious bodily injury but which did not result in serious bodily injury;

      (B) Arson in the second degree;

      (C) Attempted kidnapping;

      (D) Battery in violation of Code Section 16-5-23.1, if the victim is a teacher or other school personnel;

      (E) Racketeering in violation of Code Section 16-14-4;

      (F) Robbery;

      (G) Participating in criminal gang activity, as defined in subparagraph (H) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4;

      (H) Smash and grab burglary;

      (I) Possessing, manufacturing, transporting, distributing, possessing with the intent to distribute, or offering to distribute a destructive device in violation of Code Section 16-7-82;

      (J) Distributing certain materials to persons under the age of 21 in violation of Code Section 16-7-84;

      (K) Any subsequent violation of Code Sections 16-8-2 through 16-8-5 or 16-8-5.2 through 16-8-9, if the property which was the subject of the theft was a motor vehicle and such child has had one or more separate, prior adjudications of delinquency based upon a violation of Code Sections 16-8-2 through 16-8-5 or 16-8-5.2 through 16-8-9, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location;

      (L) Any subsequent violation of Code Section 16-7-85 or 16-7-87, if such child has had one or more separate, prior adjudications of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location;

      (M) Any subsequent violation of subsection (b) of Code Section 16-11-132, if such child has had one or more separate, prior adjudications of delinquency based upon a violation of subsection (b) of Code Section 16-11-132, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location;

      (N) An act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or which is a first violation of Code Section 16-11-127.1 involving:

         (i) A firearm, as defined in paragraph (2) of subsection (a) of Code Section 16-11-131;

         (ii) A dangerous weapon or machine gun, as defined in Code Section 16-11-121; or

         (iii) Any weapon, as defined in Code Section 16-11-127.1, together with an assault; or

      (O) Any other act which, if committed by an adult, would be a felony in violation of any chapter of Title 16 other than Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for delinquent acts, all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16 other than Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location.

   (14) "Complaint" is the initial document setting out the circumstances that resulted in a child being brought before the court.

   (15) "Court" means the juvenile court or the court exercising jurisdiction over juvenile matters.

   (16) "Court appointed special advocate" or "CASA" means a community volunteer who:

      (A) Has been screened and trained regarding child abuse and neglect, child development, and juvenile court proceedings;

      (B) Has met all the requirements of an affiliate court appointed special advocate program;

      (C) Is being actively supervised by an affiliate court appointed special advocate program; and

      (D) Has been sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve.

   (17) "Criminal justice purposes" means the performance of any activity directly involving:

      (A) The investigation, detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused of, convicted of, adjudicated of, or charged with crimes or delinquent acts; or

      (B) The collection, storage, and dissemination of criminal history record information.

   (18) "DBHDD" means the Department of Behavioral Health and Developmental Disabilities.

   (19) "Delinquent act" means:

      (A) An act committed by a child designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the act is not an offense applicable only to a child or a juvenile traffic offense;

      (B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudicated to have committed a delinquent act; or

      (C) Failing to appear as required by a citation issued for an act that would be a crime if committed by an adult.

   (20) "Delinquent child" means a child who has committed a delinquent act and is in need of treatment or rehabilitation.

   (21) "Department" means the Department of Human Services.

   (22) "Dependent child" means a child who:

      (A) Has been abused or neglected and is in need of the protection of the court:

      (B) Has been placed for care or adoption in violation of law; or

      (C) Is without his or her parent, guardian, or legal custodian.

   (23) "Detention assessment" shall have the same meaning as set forth in Code Section 49-4A-1.

   (24) "Developmental disability" shall have the same meaning as set forth in Code Section 37-1-1.

   (25) "Developmental level" is a child's ability to understand and communicate, taking into account such factors as age, maturity, mental capacity, level of education, cultural background, and degree of language acquisition.

   (26) "DFCS" means the Division of Family and Children Services of the department.

   (27) "Diligent search" means the efforts of DFCS to identify and locate a parent whose identity or location is unknown or a relative or other person who has demonstrated an ongoing commitment to a child.

   (28) "DJJ" means the Department of Juvenile Justice.

   (29) "Emancipation" means termination of the rights of a parent to the custody, control, services, and earnings of a child.

   (30) "Emotional abuse" means acts or omissions by a person responsible for the care of a child that cause any mental injury to such child's intellectual or psychological capacity as evidenced by an observable and significant impairment in such child's ability to function within a child's normal range of performance and behavior or that create a substantial risk of impairment, if the impairment or substantial risk of impairment is diagnosed and confirmed by a licensed mental health professional or physician qualified to render such diagnosis.

   (31) "Evaluation" means a comprehensive, individualized examination of a child by an examiner that may include the administration of one or more assessment instruments, diagnosing the type and extent of a child's behavioral health disorders and needs, if any, making specific recommendations, and assessing a child's legal competencies.

   (32) "Examiner" means a licensed psychologist, psychiatrist, or clinical social worker who has expertise in child development specific to severe or chronic disability of children attributable to intellectual impairment or mental illness and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both.

   (33) "Fictive kin" means a person who is known to a child as a relative, but is not, in fact, related by blood or marriage to such child and with whom such child has resided or had significant contact.

   (34) "Foster care" means placement in foster family homes, child care institutions, or another substitute care setting approved by the department. Such term shall exclude secure residential facilities or other facilities operated primarily for the purpose of detention of a child adjudicated for delinquent acts.

   (35) "Guardian ad litem" means an individual appointed to assist the court in determining the best interests of a child.

   (36) "Guardianship order" means the court judgment that establishes a permanent guardianship and enumerates a permanent guardian's rights and responsibilities concerning the care, custody, and control of a child.

   (37) "Identification data" means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of a child.

   (38) "Indigent person" means a person who, at the time of requesting an attorney, is unable without undue financial hardship to provide for full payment of an attorney and all other necessary expenses for representation or a child who is a party to a dependency proceeding. To determine indigence in a delinquency proceeding, the court shall follow the standards set forth in Chapter 12 of Title 17.

   (39) "Informal adjustment" means the disposition of case other than by formal adjudication and disposition.

   (40) "Judge" means the judge of the court exercising jurisdiction over juvenile matters.

   (41) "Juvenile court intake officer" means the juvenile court judge, associate juvenile court judge, court service worker, DJJ staff member serving as an intake officer, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, who is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention.

   (42) "Legal custodian" means:

      (A) A person to whom legal custody of a child has been given by order of a court; or

      (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of such child has been given by order of a court.

   (43) "Legal father" means a male who has not surrendered or had terminated his rights to a child and who:

      (A) Has legally adopted a child;

      (B) Was married to the biological mother of a child at the time such child was conceived or was born, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;

      (C) Married the legal mother of a child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;

      (D) Has been determined to be the father of a child by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19;

      (E) Has legitimated a child by a final order pursuant to Code Section 19-7-22; or

      (F) Has legitimated a child pursuant to Code Section 19-7-22.1.

   (44) "Legal mother" means the female who is the biological or adoptive mother of a child and who has not surrendered or had terminated her rights to such child.

   (45) "Mediation" means the procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement.

   (46) "Mediator" means a neutral third party who attempts to focus the attention of the parties upon their needs and interests rather than upon their rights and positions and who lacks the authority to impose any particular agreement upon the parties or to recommend any particular disposition of the case to the court.

   (47) "Mentally ill" means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

   (48) "Neglect" means:

      (A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child's physical, mental, or emotional health or morals;

      (B) The failure to provide a child with adequate supervision necessary for such child's well-being; or

      (C) The abandonment of a child by his or her parent, guardian, or legal custodian.

   (49) "Nonsecure residential facility" means community residential locations operated by or on behalf of DJJ and may include group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting.

   (50) "Other persons who have demonstrated an ongoing commitment to a child" includes fictive kin and other individuals, including but not limited to neighbors, teachers, scout masters, caregivers, or parents of friends of such child and with whom such child has resided or had significant contact.

   (51) "Parent" means either the legal father or the legal mother of a child.

   (52) "Party" means the state, a child, parent, guardian, legal custodian, or other person subject to any judicial proceeding under this chapter; provided, however, that for purposes of Article 6 of this chapter, only a child and the state shall be a party.

   (53) "Permanency plan" means a specific written plan prepared by DFCS designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute long-term home when return to such child's family is not possible or is not in such child's best interests.

   (54) "Permanent placement" means:

      (A) Return of the legal custody of a child to his or her parent;

      (B) Placement of a child with an adoptive parent pursuant to a final order of adoption; or

      (C) Placement of a child with a permanent guardian.

   (55) "Person responsible for the care of a child" means:

      (A) An adult member of a child's household;

      (B) A person exercising supervision over a child for any part of the 24 hour day; or

      (C) Any adult who, based on his or her relationship to the parent, guardian, or legal custodian or a member of a child's household, has access to such child.

   (56) "Prenatal abuse" means exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, as such term is defined in Code Section 16-13-21, which results in:

      (A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite thereof in a newborn's body, blood, urine, or meconium that is not the result of medical treatment; or

      (B) Medically diagnosed and harmful effects in a newborn's physical appearance or functioning.

   (57) "Probation and intake officer" means any probation officer and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this chapter, other than a juvenile court judge, associate juvenile court judge, or court service worker.

   (58) "Probation officer" means any personnel of a juvenile court or staff of DJJ to whom are delegated the duties of a probation officer under this chapter, other than a juvenile court judge or associate juvenile court judge.

   (59) "Prosecuting attorney" means an attorney designated by the district attorney of the judicial circuit in which juvenile proceedings are instituted, unless otherwise provided in subsection (c) of Code Section 15-18-6.1.

   (60) "Putative father registry" means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9.

   (61) "Reasonable efforts" means due diligence and the provision of appropriate services.

   (62) "Relative" means a person related to a child by blood, marriage, or adoption, including the spouse of any of those persons even if the marriage was terminated by death or dissolution.

   (63) "Restitution" means any property, lump sum, or periodic payment ordered to be made to any victim. Restitution may also be in the form of services ordered to be performed by a child.

   (64) "Restrictive custody" means in the custody of DJJ for purposes of housing in a secure residential facility or nonsecure residential facility.

   (65) "Risk assessment" shall have the same meaning as set forth in Code Section 49-4A-1.

   (66) "Screening" means a relatively brief process to identify a child who potentially may have mental health or substance abuse needs, through administration of a formal screening instrument, to identify a child who may warrant immediate attention or intervention or a further, more comprehensive evaluation.

   (67) "Secure residential facility" means a hardware secure residential institution operated by or on behalf of DJJ and shall include a youth development center or a regional youth detention center.

   (68) "Services" means assistance including but not limited to care, guidance, education, counseling, supervision, treatment, and rehabilitation or any combination thereof.

   (69) "Sexual abuse" means a caregiver or other person responsible for the care of a child employing, using, persuading, inducing, enticing, or coercing any child to engage in any act which involves:

      (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

      (B) Bestiality;

      (C) Masturbation;

      (D) Lewd exhibition of the genitals or pubic area of any person;

      (E) Flagellation or torture by or upon a person who is nude;

      (F) The condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;

      (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;

      (H) Defecation or urination for the purpose of sexual stimulation; or

      (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure by a licensed health care professional.

   (70) "Sexual exploitation" means conduct by a caregiver or other person responsible for the care of a child who allows, permits, encourages, or requires a child to engage in:

      (A) Prostitution, in violation of Code Section 16-6-9; or

      (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100.

   (71) "Sibling" means a person with whom a child shares one or both parents in common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution.

   (72) "Staffing" means a meeting held periodically to develop and review progress on plans for meeting the identified needs of a child.

   (73) "Statutory overnight delivery" means delivery of notice as provided in Code Section 9-10-12.

   (74) "Unsupervised probation" means a period of probation or community supervision prior to the termination of a child's disposition in which:

      (A) All of the conditions and limitations imposed by the court in placing such child on probation remain intact;

      (B) Such child may have reduced reporting requirements; and

      (C) A probation officer shall not actively supervise such child.

   (75) "Visitation" means a period of access to a child by a parent, guardian, legal custodian, sibling, other relative, or any other person who has demonstrated an ongoing commitment to a child in order to maintain parental and familial involvement in a child's life when he or she is not residing with such person.

   (76) "Weekend" means Saturday or Sunday.

Code 1981, § 15-11-2, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.