Title 15 — Courts

(a) At any time prior to the issuance of a final dispositional order, the court may order a behavioral health evaluation of a child alleged to be or adjudicated as a delinquent child which may be conducted by DBHDD or a private psychologist or psychiatrist. (b) The court shall ord…

A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on the motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court r…

Voluntary statements made in the course of intake screening of a child alleged to be or adjudicated as a delinquent child or in the course of his or her treatment, any evaluation, or any other related services shall be inadmissible in any adjudication hearing in which such child …

(a) When a child enters a denial to a petition alleging his or her delinquency, jeopardy attaches when the first witness is sworn at the adjudication hearing. (b) When a child enters an admission to a petition alleging his or her delinquency, jeopardy attaches when the court accep…

(a) The victim of a child’s alleged delinquent act shall be entitled to the same rights, notices, and benefits as the victim of a crime committed by an adult as set forth in Chapters 14, 15, 15A, and 17 of Title 17. The rights, notices, and benefits to a victim set forth in this ar…

(a) A proceeding under this article may be commenced: (1) In the county in which an allegedly delinquent child legally resides; or (2) In any county in which the alleged delinquent acts occurred. (b) If the adjudicating court finds that a nonresident child has committed a delinque…

(a) When a period of time measured in days, weeks, months, years, or other measurements of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weeke…

(a) There is created a juvenile court in every county in the state. (b) Except where election is provided by local law, the judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile court…

If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of an alleged delinquent child are endangering such child’s health or welfare or those of others or that such child may abscond or be removed from the jurisdi…

(a) A person taking an alleged delinquent child into custody, with all reasonable speed and without first taking such child elsewhere, shall: (1) Immediately release such child, without bond, to his or her parent, guardian, or legal custodian upon such person’s promise to bring su…

(a) Restraints on the freedom of an alleged delinquent child prior to adjudication shall be imposed only when there is probable cause to believe that such child committed the act of which he or she is accused, that there is clear and convincing evidence that such child’s freedom …

(a) An alleged delinquent child may be detained only in: (1) A licensed foster home; (2) A home approved by the court which may be a public or private home; (3) The home of such child’s noncustodial parent or of a relative; (4) A facility operated by a licensed child welfare agen…

(a) A detention hearing shall be held to determine whether preadjudication custody of an alleged delinquent child is required. If such hearing is not held within the time specified, such child shall be released from detention or foster care. (b) If an alleged delinquent child is d…

(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) No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of this state for three years, is a member of the State Bar of Georgia, and has practiced law for five years. (b) A juve…

(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) 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) Each appointed juvenile court judge shall serve for a term of four years. (b) The compensation of the full-time or part-time juvenile court judges shall be set by the superior court with the approval of the governing authority or governing authorities of the county or countie…

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) It shall be unlawful for any full-time juvenile court judge to engage in any practice of law outside his or her role as a juvenile court judge. (b) It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his …

(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) Each juvenile court shall be assigned and attached to the superior court of the county for administrative purposes. (b) The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge insurance benefits and any other benefits…

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. 15-11-545. Court dis…

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) To the extent that the provisions of this article conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacan…

(a) No person who is serving as a full-time juvenile court judge shall at the same time hold the office of judge of any other class of court of this state. (b) No person serving as a juvenile court judge after being elected juvenile court judge pursuant to a local law authorized …

(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) 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) All of the judges and associate judges of the courts exercising jurisdiction over children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairperson of the council. (b) The …

(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) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to such sem…

(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) Except as provided in subsection (b) of this Code section, a child attains a specified age the first second past midnight on the day of the anniversary of such child’s birth. (b) A child born on February 29 attains a specified age on March 1 of any year that is not a leap year. …

(a) A judge may appoint one or more persons to serve as associate juvenile court judges in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the ap…

(a)(1) After a finding that a child has committed a delinquent act, the court shall hear evidence and determine whether: 1267 15-11-600 (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 chil…