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GLOSSARY OF JUVENILE COURT RELATED TERMS

Please note that these are general definitions. All states have their own distinctive laws and terminology. This is not intended to be an exhaustive list of all terms you might hear, but rather a general overview to familiarize you with terms commonly used in juvenile court proceedings.

10-Day Hearing: Common term for an adjudicatory hearing because it must be set on the calendar within 10 days of filing the petition if the child is detained (i.e., taken into custody). Also called "formal hearing."

72-Hour Hearing: Common term for a detention hearing because it must be held within 72 hours after the minor is taken into custody (excluding weekends and holidays). In deprivation hearings, this hearing might also be called an "emergency shelter care hearing." Sometimes called "probable cause hearing."

30-Day Case Plan: Initial case plan developed by the child welfare agency with input from the parent(s) setting forth steps and goals for the parents to achieve before they will be reunified with their child(ren). Must be presented to the court within 30 days after the child is taken into protective custody in a deprivation case.

Adjudication: Fact-finding proceeding to determine whether the facts alleged in the petition or other pleadings are true. This is the juvenile court equivalent to a trial in civil cases. Standard of proof is clear and convincing evidence in deprivation proceedings and beyond a reasonable doubt in delinquency proceedings.

Adoption and Safe Families Act of 1997 (ASFA): Federal law enacted November 19, 1997 which governs timelines for processing abuse and neglect cases in juvenile courts and states' responsibilities to achieve safety and permanency for children in foster care. Among other things, ASFA changed states' obligations regarding reasonble efforts, encourages termination of parental rights if children have been in agency foster care for 15 out of 22 months, requires a "permanency hearing" after a child has been in foster care for 12 months, calculates time in foster care from the earlier of adjudication of deprivation or 60 days after the child is removed from the home.

Best Interest of the Child: The legal standard the judge must use in deciding disposition, custody, and other matters. What is in the best interest of teh child is not always the same as the child's wishes. This is not a standard of proof.

CASA (Court Appointed Special Advocate): Community members who are specially trained and appointed by the court as officers of the court to represent the best interests of teh child in deprivation proceedings. Sometiems referred to as a lay guardian.

Case Plan: Document developed in deprivation case by DFCS, parents, and sometimes the citizen review panel, which staets the reasons a child is brought into protective custody and the exact steps which must be taken by everyone involved to alleviate the conditions of deprivation and allow the parent(s) to provide a safe and stable home for the child. this plan must be reviewed by the juvenile court judge at least every six (6) months.

Child: Any individual who is: (A) under the age of 17 years; (B) 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 of the court; or (C) under the age of 18 years, if alleged to be a "deprived child" as defined by statute.

Citizen Review Panel: Community members who are specially trained and appointed by the court to conduct periodic reviews of the cases of children who are in foster care. The Citizen Review Panel serves a judicial function. The Panel reviews progress on the case plan and makes recommendations to the parties and to the judge regarding modifications to the case plan or the placement of the child. Any party may request an in-court review of the Panel's recommendations within 5 days of receiving a copy of the revised case plan.

CPS (Child Protective Services): The section of DFCS that receives initial calls alleging child abuse and neglect and that is responsible for investigating the initial complaints (often hears as "CPS worker"). Also referred to as "Intake" or "Investigations Unit."

Custodian: A person, other than a parent or legal guardian, who stands in loco parentis to teh child or a person to whom legal custody of the child has been given by order of a court, and who has the rights and duties provided in O.C.G.A. Section 15-11-13.

Custody: The right to a child's care and control carrying with it the duty of providing food, shelter, medical care, education, and discipline.

Delinquent Act: (A) An act designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and hte act is not an unruly offense or a juvenile traffic offense as defined in O.C.G.A. Section 15-11-73; (B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudged to have committed a delinquent act; or (C) Failing to appear as required by a citation issued with regard to a violation of O.C.G.A. Section 3-3-23 (offenses involving alcoholic beverages and persons under age 21).

Dependency: Term used in other jurisdictions to refer to child abuse and neglect cases (synonym for deprivation).

Delinquent Child: A child who has committed a delinquentn act and is in need of treatment or rehabilitation.

Deprived Child: A child who: (A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health or morals; (B) Has been placed for care or adoption in violation of law; (C) Has been abandoned by his parents or other legal custodian; or (D) Is without a parent, guardian, or custodian. No child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered a "deprived child."

Deprivation Proceedings: Juvenile court proceedings held when there are allegations of abuse or neglect of a child.

Detention: Confinement of a minor by a public officer pursuant to law. Holding a juvenile in teh custody of the county or state, whether in a jail, a youth detention facility, a shelter, a foster home, or another placement other than placement with the child's custodian.

Detention Hearing: Proceeding which must be held within 72 hours of taking a juvenile into custody (excluding weekends and holidays) to determine whether the juvenile shall be held in custody (detained) or released.

DFCS / DFACS (Department of Family and Children Services): The Division of DHR that is charged with delivering child protective services, family rehabilitation services, and other related services.

DHR: Department of Human Resources

Disposition: Term used to describe outcome of case or placement of child; i.e., the disposition in a deprivation case may be that custody is placed with DFCS and the parent must accomplish the tasks set forth in the case plan.

Disposition Hearing (Dispositional): Proceeding to determine what placement is best suited to the protection and physical, mental, and moral welfare of a child adjudicated deprived, delinquent, or unruly. Held after the adjudication; can be in the same proceeding as the adjudication or held within a reasonable time after the adjudication.

DJJ (Department of Juvenile Justice): The state agency charged with providing for the needs of children who are adjudicated delinquent or unruly. In the disposition phase of a delinquency or unruly hearing juveniles are "committed to the custody" of DJJ and DJJ then has the responsibility for placing the child. DJJ placement options include Youth Development Campuses (YDC), community treatment facilities, group homes, therapeutic residential placements, boot camps, community schools, wilderness programs, court-based programs, and others.

EPSDT (Early Periodic Screening, Diagnosis, and Treatment): Medicaid provides for health screening and treatment of all eligible children up to age 21. Under EPSDT, each state must screen children regularly and provide all necessary medical treatment for any problem discovered during the screening.

Foster Care: Temporary residential care provided to a minor pursuant to a court order from a deprivation proceeding. Can include care by a non-biological foster family, group care, residential care, or institutional care.

Guardian ad Litem: Officer of the court who is appointed to represent the best interest of the child in abuse and neglect proceedings, custody proceedings, and sometimes in delinquency or unruly proceedings. May be an attorney or a lay person. Often referred to as "GAL."

Guardianship: Term describing the legal status of a custodian of a juveniel 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.

IEP (Individualized Educational Program): Written plan required to be developed for every child who is provided special education and related services. The plan is required by federal and state law and is developed by the school district and the child's parent or guardian. The IEP must describe all services needed by the child and the services that will be provided to meet the individualized educational needs of the child in the least restrictive environment.

Independent Living Program (ILP): DFCS program for older teens in DFCS custody. A county ILP coordinator assists teens with housing, school, and job arrangements and teaches life skills. ILP is a transitional program for teens in non-traditional foster care settings who are becoming adults.

Informal Adjustment: Non-court "diversion" process occurring prior to the filing of a petition alleging unruly or delinquent acts. An officer of the court may provide "counsel and advice" to teh child and the child's family after the child admits the facts, in lieu of formal court proceedings. "Counsel and advice" is similar to probation without an adjudication. "Counsel and advice" may also be used as a disposition option when a child is before the juvenile court for the first time and is adjudicated delinquent, deprived, or unruly.

One Child, One Lawyer Project

c/o Supreme Court of Georgia Child Placement Project

Administrative Office of the Courts

244 Washington St. SW, Suite 300

Atlanta, GA 30334

Ph: (404) 463-5227 Fax: (404) 463-5126