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In The Interest Of C.C. Et Al., Children

CourtSupreme Court of Georgia
Docket No.S22A0584
DecidedAugust 23, 2022
Reporter314 Ga. 446
JudgesSupreme Court of Georgia
Tags
CivilFamily LawChild CustodyConstitutional LawReligious LibertyDue ProcessVacaturRemand
Case Summary

The Division of Family and Children Services temporarily held three children after a dependency adjudication, and the parents objected on religious grounds to the agency’s immunization of the children. The juvenile court found that the parents’ religious objection was insincere and rejected their challenge. The Supreme Court of Georgia held that the juvenile court applied the wrong legal standard when evaluating sincerity. Although a properly reached credibility finding would receive substantial deference, the appellate court could not resolve the factual question itself or determine what result the correct standard required. It therefore vacated the juvenile court’s order and remanded for application of the proper analysis. The Court did not decide the parents’ broader constitutional arguments because the statutory and procedural error required a new determination first.

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