lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
DAWLEY et al. v. BUTTS COUNTY DEPARTMENT OF FAMILY & CHILDREN SERVICES.
56964.
DEEN, Presiding Judge.
Deprived children. Butts Juvenile Court. Before Judge Watkins.
1. An order of a juvenile court judge finding certain minors to be deprived children and placing temporary legal custody of them in the appropriate unit of the Department of Family & Children Services is a final order from which a direct appeal will lie. Sanchez v. Walker County Dept. of Family &c. Services, 235 Ga. 817 (221 SE2d 589) (1976).
7 (209 SE2d 603) (1974). Here the premature examination of the report was harmless error.
3. The domicile of an unemancipated minor is that of his father. Code 79-404. The evidence at this hearing was sufficient to support the finding of fact that the parents of these eight children had recently moved from one place to another, had gone to Texas and returned, had then settled in with the maternal grandmother, where they were at the time of the hearing, and had given her address as their home. They had no other place of abode at the time, nor had they had for some time in the past. The evidence was sufficient to give the court jurisdiction over the children, four of whom were actually in the county, and four of whom were apparently "visiting" in other places, but without any severance of parental rights.
4. The evidence in this case clearly shows a failure and indeed perhaps an economic inability, to keep these eight children in a clean, healthy environment. Additionally, two of the children had been in legal difficulties, one of them was clinically evaluated as "pre-psychotic" and several were in need of medical and dental care. The evidence supported the finding of deprivation.
5. The court appointed an attorney as guardian ad litem to the minors involved, and also permitted him to represent the children as their attorney. It is contended that these duties raise a conflict of interest, but nothing in this record supports such a view. Code 24A-3301, holding that the court shall appoint a guardian ad litem where the interests of parent and child conflict, and specifying that no party to the proceeding "for his employee or representative" shall be appointed, is not relevant as the fact that the appointee was attorney for the children does not cast him in such a representative capacity as to disqualify him from also serving as guardian ad litem. The fiduciary relationship to the children is the same in both instances. Cf. Speck v. Speck, 42 Ga. App. 517 (1) (156 SE 706) (1930).
E. Byron Smith, District Attorney, Kenneth R. Waldrep, Assistant District Attorney, for appellee.
Alfred D. Fears, William P. Bartles, for appellants.
SUBMITTED JANUARY 8, 1979 -- DECIDED JANUARY 29, 1979.
Friday May 22 02:15 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com