In the Interest of E. C.

Adams, Judge.

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…