Georgia Senate - 1995/1996 Sessions

SB 729 - Juvenile Court Jurisdiction - child custody, child support

Page Numbers - 1/ 2

1. Burton  5th            2. Oliver  42nd            3. Ray  19th


Senate Comm: Judy       /         House Comm:            /                                          
Senate Vote: Yeas       Nays                                                                        
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              Senate          Action          House                                                 
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             2/13/96   Read 1st time                                                                
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Code Sections amended: 15-11-5                                                                      


SB 729                                             LC 22 2168






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 15-11-5 of the Official Code of
  1- 2  Georgia Annotated, relating to the jurisdiction of the
  1- 3  juvenile court, so as to change the juvenile court
  1- 4  jurisdiction relating to child custody and child support; to
  1- 5  provide for related matters; to repeal conflicting laws; and
  1- 6  for other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Code Section 15-11-5 of the Official Code of Georgia
  1- 9  Annotated, relating to the jurisdiction of the juvenile
  1-10  court, is amended by striking in its entirety subsection (a)
  1-11  and inserting in lieu thereof the following:

  1-12    "(a) Exclusive original jurisdiction. Except as provided
  1-13    in subsection (b) of this Code section, the court shall
  1-14    have exclusive original jurisdiction over juvenile matters
  1-15    and shall be the sole court for initiating action:

  1-16      (1) Concerning any child:

  1-17        (A) Who is alleged to be delinquent;

  1-18        (B) Who is alleged to be unruly;

  1-19        (C) Who is alleged to be deprived;

  1-20        (D) Who is alleged to be in need of treatment or
  1-21        commitment as a mentally ill or mentally retarded
  1-22        child;

  1-23        (E) Who is alleged to have committed a juvenile
  1-24        traffic offense as defined in Code Section 15-11-49;
  1-25        or

  1-26        (F) Who has been placed under the supervision of the
  1-27        court or on probation to the court; provided, however,
  1-28        that such jurisdiction shall be for the sole purpose
  1-29        of completing, effectuating, and enforcing such




                                 -1- (Index)

                                                  LC 22 2168

  2- 1        supervision or a probation begun prior to the
  2- 2        individual's seventeenth birthday; or

  2- 3        (G) Who is alleged to be physically, emotionally, or
  2- 4        sexually abused and who is the subject of a contested
  2- 5        custody dispute; or

  2- 6      (2) Involving any proceedings:

  2- 7        (A) For obtaining judicial consent to the marriage,
  2- 8        employment, or enlistment in the armed services of any
  2- 9        person if such consent is required by law;

  2-10        (B) Under the Interstate Compact on Juveniles, or any
  2-11        comparable law, if enacted or adopted in this state;

  2-12        (C) For the termination of the legal parent-child
  2-13        relationship, other than that in connection with
  2-14        adoption proceedings under Chapter 8 of Title 19, in
  2-15        which the superior courts shall have exclusive
  2-16        jurisdiction to terminate the legal parent-child
  2-17        relationship and the rights of the biological father
  2-18        who is not the legal father of the child; or

  2-19        (D) Under Article 3 of this chapter, relating to prior
  2-20        notice to a parent or guardian relative to an
  2-21        unemancipated minor's decision to seek an abortion."

                         SECTION 2.

  2-22  Said Code section, relating to the jurisdiction of the
  2-23  juvenile court, is further amended by striking in its
  2-24  entirety subsection (c), which reads as follows:

  2-25    "(c) Concurrent custody and support jurisdiction. Where
  2-26    custody is the subject of controversy, except in those
  2-27    cases where the law gives the superior courts exclusive
  2-28    jurisdiction, in the consideration of these cases the
  2-29    juvenile court shall have concurrent jurisdiction to hear
  2-30    and determine the issue of custody and support when the
  2-31    issue is transferred by proper order of the superior
  2-32    court.",

  2-33  and inserting in lieu thereof the following:

  2-34    "(c) Reserved."

                         SECTION 3.

  2-35  All laws and parts of laws in conflict with this Act are
  2-36  repealed.




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