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IN INTEREST OF D.L., A18D0034. (2017)

Court: Court of Appeals of Georgia Number: ingaco20170822208 Visitors: 4
Filed: Aug. 22, 2017
Latest Update: Aug. 22, 2017
Summary: Order The parents of minor children D. L., Z. S., and M. S. filed this application for discretionary review, seeking to appeal the juvenile court's "Order of Disposition," in which the court found, inter alia, that the children remain dependent. 1 No discretionary application is required, however, as an order in a dependency proceeding deciding the issue of dependency is directly appealable. See In the Interest of E. G. M., 341 Ga.App. 33, 34, n. 6 ( 798 S.E.2d 639 ) (2017); In the Interes
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Order

The parents of minor children D. L., Z. S., and M. S. filed this application for discretionary review, seeking to appeal the juvenile court's "Order of Disposition," in which the court found, inter alia, that the children remain dependent.1 No discretionary application is required, however, as an order in a dependency proceeding deciding the issue of dependency is directly appealable. See In the Interest of E. G. M., 341 Ga.App. 33, 34, n. 6 (798 S.E.2d 639) (2017); In the Interest of W. P. B., 269 Ga.App. 101, 101 (1) (603 S.E.2d 454) (2004); accord In the Interest of S. L. B., 265 Ga.App. 684, 687 (1) (595 S.E.2d 370) (2004) (a parent is bound by unappealed deprivation/dependency orders).

Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court's order is subject to direct appeal. Accordingly, this application is hereby GRANTED. The parents shall have 10 days from the date of this order to file a notice of appeal with the trial court, if they have not already done so. The clerk of the juvenile court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

FootNotes


1. The term "dependency" in the new juvenile code — which became effective on January 1, 2014 — generally is analogous to the term "deprivation" under the prior code. See Ga. L. 2013, p. 294, § 5-1; OCGA § 15-11-2 (22); In the Interest of J. A. B., 336 Ga.App. 367, 368, n. 2 (785 S.E.2d 43) (2016).
Source:  Leagle

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