Section 15-11-400. (Effective January 1, 2014) Child in need of services; time limitations for continued custody or temporary custody hearings  


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  •    (a) The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than:

       (1) Seventy-two hours after such child is taken into temporary custody if he or she is being held in a secure residential facility or nonsecure residential facility; or

       (2) Five days after such child is placed in foster care, provided that, if the five-day time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday.

    (b) If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the following time frames apply:

       (1) The petition for a child in need of services shall be filed:

          (A) Within 30 days of the filing of the complaint with the juvenile court; or

          (B) Within 30 days of such child's release from temporary custody;

       (2) Summons shall be served at least 72 hours before the adjudication hearing;

       (3) An adjudication hearing shall be scheduled to be held no later than 60 days after the filing of the petition for a child in need of services; and

       (4) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.

    (c) If a child alleged to be a child in need of services is not released from temporary custody at the continued custody hearing, the following time frames apply:

       (1) The petition for a child in need of services shall be filed within five days of the continued custody hearing;

       (2) Summons shall be served at least 72 hours before an adjudication hearing;

       (3) An adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition for a child in need of services; and

       (4) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.
Code 1981, § 15-11-400, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.