Dependency|Division of Family and Children Services

Division of Family and Children Services (DFCS)

In addition to handling delinquent and unruly complaints, Juvenile Court routinely handles cases alleging abuse and neglect (dependency).  According to OCGA § 15-11-2, a dependent child is defined as a child who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his or her physical, mental, or emotional health or morals; has been placed for care or adoption in violation of the law; has been abandoned by his parents or other legal custodian; or is without a parent, guardian, or custodian. These cases primarily come from the Division of Family and Children Services (DFCS) and sometimes law enforcement. Download DFCS referral form here: http://dfcs.dhs.georgia.gov

When a child is removed on an emergency basis, DFCS is often the complainant. The Court intake officer facilitates the process of the initial emergency court proceeding (probable cause hearing) by placing the child into shelter care. The intake officer schedules these cases for their first appearance before the Juvenile Court Judge, which occurs within 72 hours of the removal of the child from the legal custodian. If a police officer encounters a situation in which there is probable cause to believe a child is dependent and in danger from his or her immediate surroundings, the officer may take the child into protective custody and then the child will be transferred to DFCS custody. In this instance, the intake officer is responsible for contacting DFCS to investigate the possibility of a relative placement for the child. If there is no appropriate relative, the child will be placed into shelter care with DFCS pending court action. The intake officer is also responsible for scheduling these cases for their initial appearance (probable cause hearing) before the Juvenile Court judge.