1. Judge Vincent C. Crawford DeKalb County Juvenile Court
Concurrent Jurisdiction: Superior Court, Probate Court & Juvenile Court
Judge Vincent C. Crawford
DeKalb County Juvenile Court

2. What are we dealing with ?
Lost of an adult relationship
Impact of the adult lost on the child
Co-Exiting as parents beyond the lost

3. ERTTER et al. v. DUNBAR 292 Ga. 103 734 S.E.2d 403 Nov. 19, 2012.
"The case before us is not one in which the principle of priority jurisdiction can be invoked because only one court, the superior court, has jurisdiction to award permanent custody of a child.”

4. All orders in Juvenile Court are temporary orders
All orders in Juvenile Court are temporary orders. (Modification of Custody, Temporary or Permanent Guardianship, Legitimation with custody and Probate guardianship). All these orders are subject to review and being revoked.

5. Types of Transfers Probate - Guardianship Superior Court
Juvenile Court

6. Concurrent Jurisdiction O.C.G.A. 15-11-11
The Juvenile Court shall have concurrent jurisdiction to hear;
(1) Any legitimation petition filed pursuant to Code section concerning a child alleged to be dependent:
(2) Any legitimation petition transferred to the court by proper order of Superior Court ;
(3) The issue of custody and support when the issue is transferred by proper order of the superior court; provided however, that if a demand for a jury trial as to the support has been properly filed by either parent, then the case shall be transferred to the superior court for the jury trial: and
(4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court.
Requires the appointment of GAL

7. GAL – Appointment Cases
Probate Court by Statue
Superior Court by Statue
Juvenile Court by Statue
Dependency
Delinquent (Court Discretion)

8. GAL Appointment by Juvenile Court O.C.G.A. 15-11-105
(a) A guardian ad litem shall advocate for a child's best interests in the proceeding for which the guardian ad litem has been appointed.
(b) In determining a child's best interests, a guardian ad litem shall consider and evaluate all of the factors affecting the best interests of a child in the context of a child's age and developmental needs. Such factors shall include:
(1) The physical safety and welfare of such child, including food, shelter, health, and clothing;
(2) The mental and physical health of all individuals involved;
(3) Evidence of domestic violence in any current, past, or considered home for such child;
(4) Such child's background and ties, including familial, cultural, and religious;
(5) Such child's sense of attachments, including his or her sense of security and familiarity and continuity of affection for the child;
(6) The least disruptive placement alternative for such child;
(7) The child's wishes and long-term goals;
(8) The child's community ties, including church, school, and friends;
(9) The child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives;
(10) The uniqueness of every family and child;
(11) The risks attendant to entering and being in substitute care;
(12) The preferences of the persons available to care for such child; and
(13) Any other factors considered by the guardian ad litem to be relevant and proper to his or her determination.

9. General Duties and Responsibilities
(c) Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall at a minimum:
(1) Maintain regular and sufficient in-person contact with the child and, in a manner appropriate to his or her developmental level, meet with and interview such child prior to custody hearings, adjudication hearings, disposition hearings, judicial reviews, and any other hearings scheduled in accordance with the provisions of this chapter;
(2) In a manner appropriate to such child's developmental level, ascertain such child's needs, circumstances, and views;
(3) Conduct an independent assessment to determine the facts and circumstances surrounding the case;
(4) Consult with the child's attorney, if appointed separately, regarding the issues in the proceeding;
(5) Communicate with health care, mental health care, and other professionals involved with such child's case;
(6) Review case study and educational, medical, psychological, and other relevant reports relating to such child and the respondents;
(7) Review all court related documents;
(8) Attend all court hearings and other proceedings to advocate for such child's best interests;
(9) Advocate for timely court hearings to obtain permanency for such child;
(10) Protect the cultural needs of such child;
(11) Contact the child prior to any proposed change in such child's placement;
(12) Contact the child after changes in such child's placement;
(13) Request a judicial citizen review panel or judicial review of the case;
(14) Attend judicial citizen panel review hearings concerning such child and if unable to attend the hearings, forward to the panel a letter setting forth such child's status during the period since the last judicial citizen panel review and include an assessment of the DFCS permanency and treatment plans;
(15) Provide written reports to the court and the parties on the child's best interests, including, but not limited to, recommendations regarding placement of such child, updates on such child's adjustment to placement, DFCS's and respondent's compliance with prior court orders and treatment plans, such child's degree of participation during visitations, and any other recommendations based on the best interests of the child;
(16) When appropriate, encourage settlement and the use of any alternative forms of dispute resolution and participate in such processes to the extent permitted; and
(17) Monitor compliance with the case plan and all court orders.

10. Juvenile Court GAL
(d) (1) Except as provided in Article 11 of this chapter, a guardian ad litem shall receive notices, pleadings, or other documents required to be provided to or served upon a party and shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant changes of circumstances of a child's case which he or she is appointed to the same extent and in the same manner as the parties to the case are notified of such matters.
(2) A guardian ad litem shall be notified of the formulation of any case plan of a child's case which he or she is appointed and may be given the opportunity to be heard by the court about such plans.
(e) Upon presentation of an order appointing a guardian ad litem, such guardian ad litem shall have access to all records and information relevant to a child's case to which he or she is appointed when such records and information are not otherwise protected from disclosure pursuant to Code Section Such records and information shall not include records and information provided under Article 11 of this chapter or provided under Chapter 4A of Title 49.
(f) All records and information acquired or reviewed by a guardian ad litem during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court.
(g) Except as provided in Code Section , regarding access to records, any guardian ad litem who discloses confidential information obtained during the course of his or her appointment, in violation of law, shall be guilty of a misdemeanor. A guardian ad litem shall maintain all information and records regarding mental health, developmental disability, and substance abuse according to the confidentiality requirements contained in Code Section , , or , as applicable.
(h) In the event of a change of venue, the original guardian ad litem shall, as soon as possible, communicate with the appointed guardian ad litem in the new venue and shall forward all pertinent information to the new guardian ad litem.

11. Probate Court Transfers

12. Probate Court Guardianship
Code:
O.C.G.A
a) The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f) of Code Section or subsection (b) of Code Section
(b) After notice and hearing, the court may make one of the following orders:
(1) That the temporary guardianship be established or continued if the court determines that the temporary guardianship is in the best interests of a child. The order shall thereafter be subject to modification only as provided in Code Section ; or
(2) That the temporary guardianship be terminated if the court determines it is in the best interests of a child. A child shall be returned to his or her parent unless the court determines that there is probable cause to believe that he or she will be abused, neglected, or abandoned in the custody of his or her parent.
(c) A case shall proceed as a Dependency matter pursuant to the provisions of Article 3 of this chapter if, after notice and hearing, the court determines:
(1) That it is in the best interests of a child that the temporary guardianship not be established or that the temporary guardianship be terminated but there is probable cause to believe that he or she will be abused, neglected, or abandoned if returned to his or her parent; or
(2) That it is in the best interests of a child that the temporary guardianship be continued over the parent's objection.
(d) The court may refer to DFCS for further investigation a case transferred from probate court.

13. Juvenile Court Process
Transferred from Probate Court to Clerk of Juvenile Court
Clerk Assigns to Judge
Calendar Clerk Place on Calendar
Mediation before Court date
Visitation Issue
Completion of Case plan goals
Changing Guardian

14. Procedure Guardian Ad Lidem Assigned Parent Attorney Appointment
“Best Interest of Child”
Parent Attorney Appointment
No Attorney Appointed by right
Attorney Appointed if Dependency Issues
Attorney Appointed if DFACS Guardianship
Scheduled for Court
Hearing Before Judge within 30 Days and/or;
Mediation
Visitation Issue
Completion of Case plan goals
Changing Guardian
Report given in Court
The guardianship remains with Juvenile Court
We don’t have permeant custody
Temporary guardianships dismissal
Final Determination
Order sent to Probate Court

15. Burden of Proof
1. Must prove by clear and convincing evidence that the child will suffer physical or emotional harm if custody were awarded to the biological parent by terminating the temporary guardianship.
Once this showing is made, the third party must then show that continuation of the temporary guardianship will best promote the child's welfare and happiness.
LOPEZv.OLSON 314 Ga.App. 533 (2012)

16. Issue “ Best Interest of the Child”
Dismissal of Guardianship
Parent want the child return or visitation (probate can order)
Dependency Issues
Investigation by DFACS
Family dynamics change
The other side want the child
Change of Guardian
Death of guardian
Election of Minor child
Minor electing to remain with guardian
Special Immigration Status (?)

17. Superior Court Transfers

18. Basis for Transfer from Superior Court
Superior Court Civil non-jury calendar
Parties are usually Pro Se
Appointment of GAL due to Cost
Family dynamics issue impacting the child
Additional Services in Juvenile Court

19. Superior Court Transfers
Jurisdiction
OCGA §  (b)(2) provides: (Order of Designation Authority)
Code
OCGA § (c) provides that "[w]here custody is the subject of controversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court." "It is well established that the term 'custody' includes visitation rights.
Exception : Juvenile Court has exclusive jurisdiction of custody where the child is in the custody of the department of family and children services.

20. Cont….. Juvenile Code O.C.G.A. 15-11-15;
(a)In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination.
(b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter is the same manner as though the action originated under this chapter in compliance with the order of the superior court, except the parties shall not be entitled to obtain an appointed attorney through juvenile court.
(c ) At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to Superior Court . (Investigation)

21. Interpretation
The issuance of the new code, effective as of Jan. 1, 2014, was the first time the code had been changed in over 40 years. The new emphasis is on preserving and strengthening the family (and on the child’s best interest). A child can be removed from the home only when removal is essential. Pursuant to , the Juvenile Court can try the entire divorce case. The Juvenile Court gives free guardian-ad-litems in custody cases.
Law Review

22. Types of Superior Court Transfer Cases”
Legitimation Custody or Visitation
Joint filing by father
Contempt action
Need to establish
Dual action in Superior and Juvenile Court
Custody Determination
Divorce Case
Current or New Order
Final Order by Juvenile Court

23. Process Transferred from Superior Court to Clerk of Juvenile Court
Get a new Case Number (Juvenile Court number/Complaint)
Privacy issues the case is not disclosed in the Superior Court docket
Clerk Assigns to a Judge
Judge Assigns a GAL
Appointment remains for Superior Court
Parent Attorney – Not entitled
Exception: Dual action Parent Attorney only for Juvenile Court Case.
Calendar Clerk Place on Calendar
Mediation before Court date

24. Legitimation Findings
A presumption of legitimation unless :
The father has abandoned his opportunity interest to legitimate the child
He has not maintain contact with the child and has no familiar bond
He has not provided child support or medical coverage
He has failed to cooperate in establishing paternity
Legitimation Cases
Mother opposes Legitimation
Father attempting to get visitation
“Best Interest of Child”

25. Custody finding “Unfit to parent child “
Legitimation Custody or Visitation
Joint filing by father
Contempt action
Need to establish
Dual action in Superior and Juvenile Court

26. Visitation “Best Interest of the child”
Legitimation Custody or Visitation
Joint filing by father
Contempt action
Need to establish
Dual action in Superior and Juvenile Court

27. Procedure Guardian Ad Lidem Assigned Scheduled for Court hearing:
Outcomes:
Report Only: Transfer back to Superior Court with report Superior Court makes final Order
Report with Recommendation: Transfer back to Superior Court with Juvenile Court Judge order.
Determination: Juvenile Court Judge makes the Final determination.
Order sent to Superior Court

28. Juvenile Court Transfers
Another State or Jurisdiction
Adjudication “If dependency Occurred in DeKalb County”
Supervision “ Parent now resides in DeKalb County”
DFACS Acceptance of Case
Court Acceptance of Case
GAL
Parent Attorney

29. Questions and Answers