Child Attorney
Child Attorney
404-612-4756
395 Pryor Street
Suite 4098
Atlanta, Georgia 30312
Suite 4098
Atlanta, Georgia 30312
Child Attorney
The mission of Fulton County's Office of the Child Attorney is to zealously and effectively advocate for the legal rights and protections of child clients alleged to be abused and/or neglected throughout the entire dependency process in Fulton County Juvenile Court as mandated by Kenny A. v. Perdue, the Georgia Constitution and Georgia law.
The Office of the Child Attorney dates back to the early 1990's when “Child Advocate Attorneys” were managed by the Fulton County Juvenile Court.
In 2006, the Kenny A. Consent Decree resolved ongoing litigation over the representation of children in Fulton County Juvenile Court. During that time the Office was managed by the Public Defender's Office. The Office of the Child Attorney currently employs a multi-disciplinary staff which includes eighteen attorneys, four investigators, one social worker, one educational advocate, and four administrative staff persons, all under the guidance of a Director.
The Office of the Child Attorney dates back to the early 1990's when “Child Advocate Attorneys” were managed by the Fulton County Juvenile Court.
In 2006, the Kenny A. Consent Decree resolved ongoing litigation over the representation of children in Fulton County Juvenile Court. During that time the Office was managed by the Public Defender's Office. The Office of the Child Attorney currently employs a multi-disciplinary staff which includes eighteen attorneys, four investigators, one social worker, one educational advocate, and four administrative staff persons, all under the guidance of a Director.
Services
Services of the Office of the Child Attorney include:
- Client-directed legal representation throughout all stages of dependency proceedings, including appeals, on behalf of child clients alleged to be abused and/or neglected in Fulton County Juvenile Court.
- Educational advocacy on issues, as needed, on behalf child clients alleged to be abused and/or neglected in Fulton County Juvenile Court.
- Social services and referrals on issues, as needed, on behalf of child clients alleged to be abused and/or neglected in Fulton County Juvenile Court.
- Home assessments, as needed, on behalf of child clients alleged to be abused and/or neglected in Fulton County Juvenile Court.
- Investigative services, as needed, on behalf of child clients alleged to be abused and/or neglected in Fulton County Juvenile Court.
- GCIC background checks, as needed, on behalf of child clients alleged to be abused and/or neglected in Fulton County Juvenile Court.
child attorney juvenile court terminology
Definition of Child
Any individual who is:
- Under the age of 17 years;
- Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or
- Under the age of 18 years, if alleged to be a “deprived child.”
Definition of Deprived Child
- A child without proper parental care or control, failing to meet educational needs based on the law or without other care or control necessary for the child's moral, physical, mental or emotional health.
- A child placed for care or for adoption in violation of the law.
- A child abandoned by parents or other legal custodian; or without a parent, guardian or custodian.
Custody
The right to a child's care and control, carrying with it the responsibility of providing food, shelter, medical care, education and discipline. An agency may have custody of a child, but not be the primary caretaker or party giving day to day care.
Guardianship
Term describing the legal status of a custodian of a juvenile which confers certain rights and responsibilities, including the requirement to provide for the child's physical,spiritual and mental needs, and the ability to register the child for school, obtain medical care and provide legal consent when needed. may be granted by Probate Court or Juvenile Court. The guardian may be eligible for financial subsidy from the Department of Family and Children Services (DFCS).
72 Hour Hearing
(Probable Cause Hearing, Detention Hearing)
+ Must be held within 72 hours after the juvenile is taken into state custody (excluding weekends and holidays.) Also called the emergency shelter care hearing (in deprivation proceedings.) This
hearing allows the court to determine whether there is “reasonable cause to believe that the allegations of the compliant are true.” Parents are made aware of what is on the complaint and are given the option to obtain an attorney.
+ Must be held within 72 hours after the juvenile is taken into state custody (excluding weekends and holidays.) Also called the emergency shelter care hearing (in deprivation proceedings.) This
hearing allows the court to determine whether there is “reasonable cause to believe that the allegations of the compliant are true.” Parents are made aware of what is on the complaint and are given the option to obtain an attorney.
10 Day Hearing
(Adjudicatory Hearing, Formal Hearing or Trial)
Must be set on the calendar within 10 days of filing the petition if the child is detained. The main focus of this hearing is to determine whether the child was deprived at the time the deprivation complaint was signed. All persons with first hand knowledge of the issues have to personally testify. If the petition is true, the court makes a decision based on findings of fact and conclusions of law.