In the Interest of C. C., Children ( 2021 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    November 17, 2021
    The Court of Appeals hereby passes the following order:
    A22I0075. IN THE INTEREST OF C. C. et al., CHILDREN.
    John and Brittani Chandler’s children were adjudicated dependent and placed
    in the custody of the Division of Family and Child Services (“DFCS”). After DFCS
    sought to vaccinate the children, the juvenile court overruled the Chandlers’ religious
    objection to vaccinations. The Chandlers sought reconsideration, and upon
    reconsideration, the juvenile court held that OCGA § 15-11-30, which permits legal
    custodians to determine a child’s medical care, is constitutional, and the Chandlers,
    having lost custody of the children, have no right to object to vaccinations. The
    Chandlers obtained a certificate of immediate review and filed this interlocutory
    application,1 challenging the juvenile court’s ruling.
    The Supreme Court of Georgia “has exclusive jurisdiction over all cases
    involving construction of the Constitution of the State of Georgia and of the United
    States and all cases in which the constitutionality of a law, ordinance, or
    constitutional provision has been called into question.” Atlanta Independent School
    System v. Lane, 
    266 Ga. 657
    , 657 (1) (469 SE2d 22) (1996) (citing Ga. Const. of
    1983, Art. VI, Sec. VI, Par. II (1)). Because the juvenile court rejected the Chandlers’
    challenge to the constitutionality of OCGA § 15-11-30, it appears that jurisdiction
    over this application may lie the Supreme Court. As the Supreme Court has the
    ultimate responsibility for determining appellate jurisdiction, see Saxton v. Coastal
    1
    “[T]he denial of a motion for reconsideration of an interlocutory order may
    serve as the basis for an application for interlocutory review.” Ferguson v. Freeman,
    
    282 Ga. 180
    , 181 (1) (646 SE2d 65) (2007).
    Dialysis & Med. Clinic, 
    267 Ga. 177
    , 178 (476 SE2d 587) (1996), this application is
    hereby TRANSFERRED to the Supreme Court for disposition. See In the Interest of
    T. B., Case No. S21A1120 (Nov. 1, 2021) (noting that the Court of Appeals lacked
    jurisdiction to decide application because the Supreme Court has exclusive appellate
    jurisdiction over constitutional questions).
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    11/17/2021
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A22I0075

Filed Date: 11/19/2021

Precedential Status: Precedential

Modified Date: 11/19/2021