Title 15

(a) As used in this Code section, the term: (1) ‘‘Notice’’ shall have the same meaning as set forth in Code Section 17-17-3. (2) ‘‘Victim’’ shall have the same meaning as set forth in Code Section 17-17-3. (3) ‘‘Violent delinquent act’’ means to commit, attempt to commit, conspir…

(a) If an alleged delinquent child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment. (b) At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inf…

(a) At arraignment, the court shall inform a child of: (1) The contents of the petition alleging delinquency; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child’s case following adjudication; and (4) His or her due proces…

(a) Before a petition for informal adjustment is filed, a probation officer or other officer designated by the court, subject to the court’s direction, may inform the parties of informal adjustment if it appears that: (1) The admitted facts bring the case within the jurisdiction o…

A petition alleging delinquency shall be filed by an attorney as set forth in Code Section 15-18-6.1. History. — Code 1981, § 15-11-520, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

(a) If a child is in detention prior to adjudication, a petition alleging delinquency shall be filed not later than 72 hours after the detention hearing. If no petition alleging delinquency is filed within the applicable time, such child shall be released from detention and the com…

A petition alleging delinquency shall be verified and may be on information and belief. It shall set forth plainly and with particularity: (1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and th…

(a) A prosecuting attorney may amend a petition alleging delinquency at any time prior to the commencement of the adjudication hearing. However, if an amendment is made, a child may request a continuance of his or her adjudication hearing. A continuance may be granted by the cour…

(a) The court shall direct the issuance of a summons to a child and his or her parent, guardian, or legal custodian requiring them to appear before the court at the time fixed to answer the allegations of a petition alleging delinquency. A copy of the petition shall accompany the …

(a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found…

(a) In the event a child’s parent, guardian, or legal custodian willfully fails to appear personally at a hearing on a petition alleging delinquency after being ordered to so appear or a child’s parent, guardian, or legal custodian willfully fails to bring such child to a hearing…

A delinquency petition shall be dismissed by the court upon the motion of the prosecuting attorney setting forth that there is not sufficient evidence to warrant further proceedings. History. — Code 1981, § 15-11-540, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

(a) Except as limited by subsection (d) of Code Section 15-11-542, in all cases in which a child is charged with having committed a delinquent act, such child shall, upon filing a motion for discovery with the court and serving a copy of the motion to the prosecuting attorney, hav…

(a) If a request for discovery is refused, application may be made to the court for a written order granting discovery. (b) Motions to compel discovery shall certify that a request for discovery was made and was refused. (c) An order granting discovery shall require reciprocal di…

(a) Upon written request by a prosecuting attorney stating the time, date, and place at which the alleged delinquent act was committed, a child shall serve upon the prosecuting attorney a written notice of his or her intention to offer a defense of alibi. (b) A notice to offer an…

If, subsequent to providing a discovery response, the existence of additional evidence is found, it shall be promptly provided to the state or child making the discovery request. History. — Code 1981, § 15-11-544, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Nothing contained in the provisions governing discovery procedure under this part shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication. History. — Code 1981, § 15-11-545, enacted by Ga. L. …

If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with a discovery request, the court may order the person or entity to permit the discovery or inspection of evidence, grant a continuance, …

(a) Except as provided in subsection (b) of this Code section, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which an adult…

(a) After a petition alleging delinquency has been filed but before the adjudication hearing, on its own motion or on a motion by a prosecuting attorney, the court may convene a hearing to determine whether to transfer the offense to the appropriate superior court for criminal tri…

(a) The criteria that the juvenile court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to superior court and the criteria that the superior court shall consider in determining whether to tran…

Statements made by a child at a transfer hearing shall not be admissible against such child over objection in a criminal proceedings if transfer is ordered except as impeachment or rebuttal evidence. History. — Code 1981, § 15-11-563, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

(a) The decision of the court regarding transfer of the case shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals. (b) The pendency of an interlocutory appeal shall stay criminal…

(a) Prior to the entry of a judgment ordering a child’s transfer or during the pendency of an appeal of a judgment ordering a child’s transfer, such child shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section 1…

(a) If the court decides to transfer a child for trial in superior court, it shall dismiss the juvenile court petition alleging delinquency for the offense or offenses being transferred, set forth the offense or offenses which are being transferred, and make the following findings…

(a) Except in those cases in which the superior court has exclusive original jurisdiction or juvenile court jurisdiction has been terminated and the child has been transferred to superior court, if it appears to any court in a criminal proceeding or a quasi-criminal proceeding th…

(a) At the commencement of the adjudication hearing, the court shall address the alleged delinquent child, in language understandable to the child, and determine whether such child is capable of understanding statements about his or her rights under this article. (b) If a child i…

The state shall have the burden of proving the allegations of a delinquency petition beyond a reasonable doubt. History. — Code 1981, § 15-11-581, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

(a) The court shall fix a time for the adjudication hearing. If an alleged delinquent child is in detention, the hearing shall be held no later than ten days after the filing of the delinquency petition. If a child is not in detention, the hearing shall be held no later than 60 day…

(a) After an adjudication that a child has committed a delinquent act, the court may direct that a written predisposition investigation report be prepared by the probation officer or other person designated by the court. (b) A predisposition investigation report shall contain suc…

(a)(1) After a finding that a child has committed a delinquent act, the court shall hear evidence and determine whether: (A) Such child is in need of treatment, rehabilitation, or supervision; (B) Such child’s continuation in his or her home is contrary to such child’s welfare; an…

(a) At the conclusion of the disposition hearing, if a child who committed a delinquent act is determined to be in need of treatment or rehabilitation, then after considering the results of such child’s risk assessment if the court is contemplating placing such child in restricti…

(a) When a child is adjudicated to have committed a class A designated felony act or class B designated felony act, the order of disposition shall be made within 20 days of the conclusion of the disposition hearing. The court may make one of the following orders of disposition be…

(a) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, order that such child submit to an HIV tes…

(a) A child adjudicated to have committed a delinquent act shall be given credit for each day spent in a secure residential facility, a nonsecure residential facility, or any institution or facility for the treatment or examination of a physical or mental disability awaiting adju…

(a) In addition to any other terms or conditions of probation provided for under this article, the court may require that children who receive a disposition of probation: (1) Be ordered to a probation management program; or (2) Be ordered to a secure probation sanctions program b…

An order of disposition or adjudication shall not be a conviction of a crime and shall not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment. History. — Code 1981, § 15-11-606, en…

(a) Except as otherwise provided in Code Section 15-11-602, an order of disposition committing a child adjudicated for a delinquent act to DJJ shall continue in force for two years or until such child is sooner discharged by DJJ. The court which made the order may extend its dura…

(a) An order granting probation to a child adjudicated for a delinquent act may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to the prosecuting attorney who may file a motion in the cour…

(a) When a child is alleged to have committed a delinquent act and be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60…

(a) The periodic review hearing requirements under Code Sections 15-11-216, 15-11-217, and 15-11-218 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care. (b) When a child is committed to DJJ and for whom…

(a) The permanency plan requirements under Code Sections 15-11-230, 15-11-231, and 15-11-232 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care. (b) In addition to the compelling reasons set forth in Co…

(a) As used in this Code section, the term ‘‘permanency plan’’ means a specific written plan prepared by DJJ designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute long-term home when return to such child’s family …

(a) As used in this Code section, the term ‘‘child’’ means an individual under 17 years of age. (b) A juvenile traffic offense consists of a violation by a child of: (1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of thi…

The purpose of this article is: (1) To set forth procedures for a determination of whether a child is incompetent to proceed; and (2) To provide a mechanism for the development and implementation of competency remediation services, when appropriate, including treatment, habilitat…

As used in this article, the term: (1) ‘‘Competency remediation services’’ means outpatient interventions directed only at facilitating the attainment of competence to proceed for a child adjudicated to be incompetent to proceed. Such term may include mental health treatment to r…