Georgia § 15-11-133 Removal of child from the home; protective custody; consideration of alternatives

Georgia Statutes

§ 15-11-133 — Removal of child from the home; protective custody; consideration of alternatives

Georgia § 15-11-133

Title15

This text of Georgia § 15-11-133 (Removal of child from the home; protective custody; consideration of alternatives) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 15-11-133 (2026).

Text

(a)A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian:

(1)Pursuant to an order of the court under this article; or (2) By a law enforcement officer or duly authorized officer of the court if:

(A)A child is in imminent danger of abuse or neglect if he or she remains in the home; or (B) A child is a victim of trafficking for labor or sexual servitude under Code Section 16-5-46 .

(b)Upon removing a child from his or her home, a law enforcement officer or duly authorized officer of the court shall:

(1)Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS;

(2)Bring

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian: (1) Pursuant to an order of the court under this article; or (2) By a law enforcement officer or duly authorized officer of the court if: (A) A child is in imminent danger of abuse or neglect if he or she remains in the home; or (B) A child is a victim of trafficking for labor or sexual servitude under Code Section 16-5-46 . (b) Upon removing a child from his or her home, a law enforcement officer or duly authorized officer of the court shall: (1) Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS; (2) Bring such child immediately before the juvenile court or promptly contact the juvenile court; and (3) Promptly give notice to the court and such child's parents, guardian, or legal custodian that such child is in protective custody, together with a statement of the reasons for taking such child into protective custody. (c) The removal of a child from his or her home by a law enforcement officer shall not be deemed an arrest. (d) A law enforcement officer removing a child from his or her home has all the privileges and immunities of a law enforcement officer making an arrest. (e) A law enforcement officer shall promptly contact the juvenile court for issuance of a court order once such officer has taken a child into protective custody and delivered such child to a medical facility. (f) The juvenile court shall immediately determine if a child should be released, remain in protective custody, or be brought before the court upon being contacted by a law enforcement officer, duly authorized officer of the court, or DFCS that a child has been taken into protective custody. (g) In addition to the requirements of Code Section 15-11-134 , prior to authorizing the removal of a child from his or her home as provided in paragraph (1) of subsection (a) of this Code section or ordering a child to remain in protective custody as provided in subsection (f) of this Code section, the court shall consider whether there are reasonable alternatives to the removal of the child and placement of the child in foster care and may order temporary alternatives to foster care in lieu of removing the child and placing the child in protective custody or continuing the child in protective custody pursuant to Code Section 15-11-133.1 .