Section 15-11-414. (Effective January 1, 2014) Continued custody hearing; findings

   (a) At a continued custody hearing, the court shall determine whether there is probable cause to believe that a child has committed a status offense or is otherwise a child in need of services and that continued custody is necessary.

(b) If the court determines there is probable cause to believe that a child has committed a status offense or is otherwise in need of services, the court may order that such child:

   (1) Be released to the custody of his or her parent, guardian, or legal custodian; or

   (2) Be placed in the least restrictive placement consistent with such child's need for protection and control as authorized by Code Section 15-11-411 and in accordance with Code Section 15-11-415.

(c) If the court determines there is probable cause to believe that such child has committed a status offense or is otherwise in need of services, the court shall:

   (1) Refer such child and his or her family for a community based risk reduction program; or

   (2) Order that a petition for a child in need of services be filed and set a date for an adjudication hearing.

(d) Following a continued custody hearing, the court may detain a child alleged to be a child in need of services in a secure residential facility or nonsecure residential facility for up to 72 hours, excluding weekends and legal holidays, only for the purpose of providing adequate time to arrange for an appropriate alternative placement pending the adjudication hearing.

(e) All orders shall contain written findings as to the form or conditions of a child's release. If a child alleged to be a child in need of services cannot be returned to the custody of his or her parent, guardian, or legal custodian at the continued custody hearing, the court shall state the facts upon which the continued custody is based. The court shall make the following findings of fact referencing any and all evidence relied upon to make its determinations:

   (1) Whether continuation in the home of such child's parent, guardian, or legal custodian is contrary to such child's welfare; and

   (2) Whether reasonable efforts have been made to safely maintain such child in the home of his or her parent, guardian, or legal custodian and to prevent or eliminate the need for removal from such home. Such finding shall be made at the continued custody hearing if possible but in no case later than 60 days following such child's removal from his or her home.

Code 1981, § 15-11-414, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.