Georgia § 15-11-103 - Right to attorney.

§ 15-11-103. Right to attorney.

A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article. The court shall appoint an attorney for an alleged dependent child. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child. A child's attorney owes to his or her client the duties imposed by the law of this state in an attorney-client relationship. If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding. An attorney appointed to represent a child in a dependency proceeding shall continue the representation in any subsequent appeals unless excused by the court. Neither a child nor a representative of a child may waive a child's right to an attorney in a dependency proceeding. A party other than a child shall be informed of his or her right to an attorney prior to any hearing. A party other than a child shall be given an opportunity to: Obtain and employ an attorney of such party's own choice; Obtain a court appointed attorney if the court determines that such party is an indigent person; or Waive the right to an attorney, provided that such waiver is made knowingly, voluntarily, and on the record. (Code 1981, § 15-11-103 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2018, p. 935, § 2/SB 131.) Cases in which public defender representation required; timing of representation; juvenile divisions; contract with local governments, O.C.G.A. § 17-12-32 . The 2018 amendment, effective July 1, 2018, added the proviso at the end of paragraph (g)(3). Cross references. - Constitutional guarantee of benefit of counsel, Ga. Const. 1983, Art. I, Sec. I, Para. XIV. Law reviews. - For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428 , 18 L. Ed. 2 d 527 (1967), see 8 Ga. St. B. J. 9 (1971). For article, "Termination of Parental Rights: Recent Judicial and Legislative Trends," see 30 Emory L. J. 1065 (1981). For article, "A Child's Right to Legal Representation in Georgia Abuse and Neglect Proceedings," see 10 Ga. St. B. J. 12 (2004). For article, "The Next Generation of Child Advocacy: Protecting the Best Interest of Children by Promoting a Child's Right to Counsel in Abuse and Neglect Proceedings," see 13 Ga. St. B. J. 22 (2007). For comment on Freeman v. Wilcox, 119 Ga. App. 325 , 167 S.E.2d 163 (1969) and a juvenile's right to counsel at pre-adjudicatory stages of juvenile proceedings, see 22 Mercer L. Rev. 597 (1971). For comment on Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493 , 61 L. Ed. 2 d 101 (1979); Secretary of Pub. Welfare v. Institutionalized Juveniles, 442 U.S. 640, 99 S. Ct. 2523 , 61 L. Ed. 2 d 142 (1979), regarding juvenile commitment to state mental hospitals upon application of parents or guardians, see 29 Emory L. J. 517 (1980). For comment, "Seen But Not Heard: Advocating for the Legal Representation of a Child's Expressed Wish in Protection Proceedings and Recommendations for New Standards in Georgia," see 48 Emory L. J. 1431 (1999).