The custodians of F. A. G. R. (“Petitioners”) appeal from a juvenile court order declining to endorse their petition alleging F. A. G. R.’s deprivation and seeking to invoke the juvenile court’s jurisdiction. For the reasons that follow, we affirm.
The Petitioners further alleged that F. A. G. R. had enrolled in school, they were providing for his needs, and at least one of the Petitioners had authorization to work in the United States. Due to the circumstances of F. A. G. R.’s removal from his home and journey to the United States, the Petitioners alleged that F. A. G. R. was a deprived child, and they requested the juvenile court to exercise its jurisdiction over the petition. The juvenile court issued an order concluding that the petition lacked allegations sufficient for the court to exercise its jurisdiction, thereby declining to endorse the petition pursuant to OCGA § 15-11-37 (2013).
We note that F. A. G. R. is no longer a minor. Seeking a deprivation order valid at the time F. A. G. R. was a juvenile, the Petitioners argue that they could use the deprivation findings in a back-dated order to obtain relief pursuant to the Special Immigrant Juvenile program under federal immigration law. “[T]he general rule is that appellate courts do not consider moot questions. Mootness is a question of court policy based on the theory that courts do not give opinions on abstract propositions of law that do not involve an actual
OCGA § 15-11-37 (2013) provided as follows: “Apetition alleging delinquency, deprivation, or unruliness of a child shall not be filed unless the court or a person authorized by the court has determined and endorsed upon the petition that the filing of the petition is in the best interest of the public and the child.”
Here, the juvenile court noted that the petition for a finding of deprivation alleged that the Petitioners were meeting F. A. G. R.’s needs, he was enrolled in and attending school, and he was suffering no neglect or abuse in any way while in their care. Thus, the court found no current or likely future deprivation in F. A. G. R.’s case.
Further, the juvenile court found that F. A. G. R. was two months from being eighteen years old, and a hearing on the petition could not be set for several weeks. Thus, the court correctly noted that any temporary custody order would have an effective duration of only two or three weeks “at best.”
Based on the record before us, we find no abuse of discretion on the part of the juvenile court. It is clear that F. A. G. R. was not currently suffering from a lack of care or control necessary for his physical, mental, or emotional health or morals, nor was he without a custodian. Further, in light of the timing of the petition so close to
Judgment affirmed.
Notes
Former OCGA § 15-11-37 was repealed and reenacted by an Act effective on January 1, 2014, and applicable to proceedings commenced on or after that date. See Ga. L. 2013, pp. 294, 514, § 5-1. Accordingly, we apply the Code section in effect in 2013.
In the Interest of T.H.,
See generally Burns v. State,
(Emphasis supplied.)
(Citation, punctuation and emphasis omitted.) Lane v. Jones,
Id.
See OCGA § 15-11-2 (2) (C) (2013) (defining “child” in the deprivation context to be any individual under the age of 18 years). By definition, a “deprived child” must be a “child.” See OCGA § 15-11-2 (8).
