(a)Notice of Need. In all matters pending before the juvenile court, the party or party's attorney shall inform the court in the form of a notice of the need for qualified interpreter, if known, within a reasonable time (at least 5 days where practicable) before any hearing, trial, or other court proceeding. Such notice shall be filed and shall comply with any other service requirements established by the court. The notice shall (1) designate the participants in the proceeding who will need the services of an interpreter, (2) estimate the length of the proceeding for which the interpreter is required, (3) state whether the interpreter will be needed for all proceedings in the case, and (4) indicate the language(s), including sign language for the hearing impaired for which the interpreter is required.(b)Appointment. Upon receipt of such notice, the court shall make a diligent effort to locate and appoint a licensed interpreter, at the court's expense, in accordance with the Supreme Court of Georgia's Rule on Use of Interpreters for Non-English Speaking and Hearing Impaired Persons. If the court determines that the nature of the case (e.g., an emergency) warrants the use of a non-licensed interpreter, then the court shall follow the procedures as outlined in the Supreme Court of Georgia's Commission on Interpreters' Instructions for Use of a Non-Licensed Interpreter. Despite its use of a non-licensed interpreter, the court shall make a diligent effort to ensure that a licensed interpreter is appointed for all subsequently scheduled proceedings, if one is available.(c)Delay. When timely notice is not provided or on other occasions when it may be necessary to utilize an interpreter not licensed by the Supreme Court of Georgia's Commission on Interpreters (COI), the Registry for Interpreters of the Deaf (RID), or other industry-recognized credentialing entity, such as a telephonic language service or a less qualified interpreter, the court should weigh the need for immediacy in conducting a hearing against the potential compromise of due process and the potential of substantive injustice, if interpreting is inadequate. Unless immediacy is a primary concern, some delay might be more appropriate than the use of an interpreter not licensed by the COI, RID, or another recognized credentialing entity.(d)Appointment During Proceeding. Notwithstanding any failure of a party or party's attorney to notify the court of a need for a court interpreter, the court shall appoint a court interpreter whenever it becomes apparent from the court's own observations or from disclosures by any other person that a participant in a proceeding is unable to hear, speak, or otherwise communicate in the English language to the extent reasonably necessary to meaningfully participate in the proceeding.(e)Change of Time or Date. If a party has requested interpreter services for a hearing and the time or date of the hearing is changed, continued, or canceled, the party that requested the interpreter shall notify the court that the services are no longer required for that date. Timely notice of any changes is essential in order to cancel or reschedule an interpreter and thereby avoid unnecessary travel by the interpreter and a fee payment by the court.(f)Waiver. A non-English speaking person may waive the right to the use of an interpreter. Such a waiver shall be in writing and approved by the court. The court shall determine, on the record, that the person's right to an interpreter has been waived knowingly and voluntarily and that the person has been assisted in the waiver process by the most readily available interpreter. In no event shall the failure to request an interpreter be deemed to be a waiver.Amended May 2, 2019, effective July 1, 2019.