In the Interest of E. C.

The trial court dismissed a deprivation petition without prejudice because it was filed outside of the five-day limit imposed by OCGA § 15-11-49 e. On appeal, the mother of E. C. contends the petition should have been dismissed with prejudice. On May 24, 2007, the juvenile court conducted a 72-hour hearing to determine whether there was probable cause to believe that E. C., age three, was a deprived child. The court found that the mother had stipulated to probable cause, and it ordered that temporary custody remain with the Department of Family and Children Services. The Department, however, did not file a deprivation petition until May 31, 2007, seven days later. The mother moved to dismiss the petition with prejudice. The juvenile court granted the motion but without prejudice. This appeal ensued.

The relevant code section provides that under the circumstances present here, a petition for a hearing “shall be made and presented to the court within five days of the detention hearing.” OCGA § 15-11-49 e. The Supreme Court of Georgia has addressed a similar deadline found in the same code section and held that the procedural requirements of what is now OCGA § 15-11-49 are mandatory. Sanchez v. Walker County Dept. of Family and Children Services , 237 Ga. 406, 407 229 SE2d 66 1976 considering former Ga. Code § 24-1404 c.