In the State of Georgia How Can a Child be Taken Under “Depravation” and the Parent Not Be Charged in Criminal Court?


As someone who has a degree in Criminal Justice this question has bothered me since day one. In the Georgia Law Enforcement Handbook it 2003-04 clearly states under Chapter 12 titled “Offenses Against  Public Health and Morals”

This: Code 16-2-1 Contributing to delinquency, unruliness, or deprivation of a minor

A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person:…..

(3) Willfully commits a act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating in juvenile proceedings.

Now the code for Section 15-11-2 under the chapter of Courts i.e. Family Court  states:  (8) “Deprived Child” means a child who:

(A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental or emotional health or morals…..

Section 15- 11-7 Other Basic Rights:

(a) a party is entitled to the opportunity to introduce evidence and otherwise be heard in his or her own behalf and to cross-examine adverse witnesses.

Now the problem here is that child deprivation cases while considered criminal are argued in civil court. My question is why? If a parent is charged by Child Protective Services with Deprivation that is a criminal charge and should be heard in a criminal court. As to the “Other Basic Rights” in Section 15-11-7 that is a joke. The reason is simple the case is heard in civil court and the defendant in this case the parent is not allowed to cross examine or to call their own witnesses. In fact in Jackson County Judge Guidry will not allow it.

The reason that a deprivation case is not heard in a criminal court is two fold. One in most cases the term “deprivation” is so broad and sweeping that if it went to criminal court it would be thrown out. Second they use the excuse in the best interest of the child. That again is a lie, it is in the best interest of CPS and all of the entities that are paid with Federal Dollars under the Adoption and Safe Families Act.

It would appear that in Georgia they make the law fit their agenda. It cannot be both ways ,it can not be a misdemeanor for the first or second offense and a felony of the third offense and be tried in civil court. It cannot be tried in civil court if is listed as a misdemeanor and a felony depending on the times the same offense occurs. So which is it? Bottom line it is what ever brings in the money.

About yvonnemason

Background:  The eldest of five children, Yvonne was born May 17, 1951 in Atlanta, Georgia. Raised in East Point, Georgia, she moved to Jackson County, Ga. until 2006 then moved to Port St. Lucie, Florida where she currently makes her home.  Licensed bounty hunter for the state of Georgia. Education:  After a 34 year absence, returned to college in 2004. Graduated with honors in Criminal Justice with an Associate’s degree from Lanier Technical College in 2006. Awards:  Nominated for the prestigious GOAL award in 2005 which encompasses all of the technical colleges. This award is based not only on excellence in academics but also leadership, positive attitude and the willingness to excel in one’s major. Affiliations:  Beta Sigma Phi Sorority  Member of The Florida Writer’s Association – Group Leader for St Lucie County The Dream:  Since learning to write at the age of five, Yvonne has wanted to be an author. She wrote her first novel Stan’s Story beginning in 1974 and completed it in 2006. Publication seemed impossible as rejections grew to 10 years. Determined, she continued adding to the story until her dream came true in 2006. The Inspiration:  Yvonne’s brother Stan has been her inspiration and hero in every facet of her life. He was stricken with Encephalitis at the tender age of nine months. He has defied every roadblock placed in his way and has been the driving force in every one of her accomplishments. He is the one who taught her never to give up The Author: Yvonne is currently the author of several novels, including:  Stan’s Story- the true story of her brother’s accomplishments, it has been compared to the style of Capote, and is currently being rewritten with new information for re-release.  Tangled Minds - a riveting story about a young girl’s bad decision and how it taints everyone’s life around her yet still manages to show that hope is always possible. This novel has been compared to the writing of Steinbeck and is currently being written as a screenplay. This novel will be re-released by Kerlak Publishing in 2009  Brilliant Insanity – released by Kerlak Publishing October 2008  Silent Scream – Released by Lulu.com October 2008- Slated to be made into a movie Yvonne’s Philosophy in Life - “Pay it Forward”: “In this life we all have been helped by others to attain our dreams and goals. We cannot pay it back but what we can do is ‘pay it forward’. It is a simple
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3 Responses to In the State of Georgia How Can a Child be Taken Under “Depravation” and the Parent Not Be Charged in Criminal Court?

  1. Cyndy Phillips says:

    ~•cyndy’s way•~

    Like

  2. Silvia says:

    in EVERY DAMN STATE THEY ALL MAKE UP THEIR LAWS as they see fit and of course we ARE ON the losing side/

    SUE THEM on the federal level and keep it simple
    from deprivation of rights.violations of the 14th.-if they invaded your home without a signed warrant-4th.
    unable to retort duuring your kangaroo court hearing-1st and again the 14th
    thinking that speaking to a SOCIAL WORKER would HELP without being aware of the CONSEQUENCES–violation of the 5th
    SOCIAL WORKER twisting,skewing FACTS-perjury
    filing the false information=USC violation
    on and on AND THE CASES ARE OUT HERE/

    Like

  3. Pingback: Wondering the same thing?? | korieleeanne

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