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In the Interest of J. C.

There was not clear and convincing evidence that, at the time the juvenile court entered its order transferring temporary legal custody of a minor from the child's mother to the child's aunt, the child was presently deprived due to the mother's parental unfitness, and the Court consequently reversed the transfer order.

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The mother of J. C. appeals from the juvenile court’s March 5, 2014 order transferring temporary legal custody of the child, then one-and-a-half years old, from the mother to the child’s aunt. Because there was not clear and convincing evidence that at the time of the transfer order the child was presently deprived due to the mother’s parental unfitness, we reverse.

Georgia’s former juvenile code applies to this case because it was commenced in 2013. See generally In the Interest of G. R. B., 330 Ga. App. 693 n. 1 769 SE2d 119 2015 explaining that new juvenile code applies to juvenile proceedings commenced on and after January 1, 2014, and describing changes made by new juvenile code pertaining to deprivation proceedings. The former juvenile code authorized a juvenile court to transfer temporary legal custody of a child from a parent to one of several enumerated persons or entities if the child was found to be a deprived child. Former OCGA § 15-11-55 a 2 A.

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