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← Signal: State & Power

ACLU Files Georgia Supreme Court Briefs Challenging Family Separation Procedures

Developing1 source · Oct 15, 2026

The ACLU is urging Georgia's highest court to require notice and hearings before child removal and to restrict permanent termination of parental rights.

ACLU Files Georgia Supreme Court Briefs Challenging Family Separation Procedures
Image via ACLU

What happened

The ACLU's Center for Liberty and Women's Rights Project, alongside the ACLU of Georgia, filed two amicus briefs in the Georgia Supreme Court in response to cases involving family separation. In the first case, a Georgia mother had her surviving children removed via emergency order without notice or hearing after her son died by suicide in July 2024; the children were later returned after the juvenile court found no basis for removal. In the second case, a Georgia juvenile court terminated a mother's parental rights despite the state's own caseworker and the children's advocate testifying that the children had a good relationship with their mother and that continued contact would benefit them, not harm them. An appellate court reversed that termination decision, and the state has appealed to the Georgia Supreme Court seeking to terminate the parental rights again.

Context

The cases raise constitutional questions about the state's authority to separate children from parents without judicial safeguards. The ACLU argues that current Georgia law permits child removal in "uncommon" or "unusual" circumstances rather than requiring a genuine emergency or threat to safety, creating risk of family separation without proper cause. Social science research cited indicates that children rely on parental presence for physiological and emotional regulation—particularly after trauma—and that separation can compound distress and impede recovery. The ACLU contends these practices disproportionately affect low-income families and families of color who have fewer resources to challenge state actions in court. The briefs urge the Georgia Supreme Court to require notice and hearings before removal absent genuine emergency and to mandate consideration of less drastic alternatives before permanently severing parent-child relationships.