Title 15

(a) An order granting probation to a child adjudicated to be a child in need of services 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 any person authorized to make a petition all…

(a) After determining, in accordance with the provisions of Article 7 of this chapter, that a child alleged to be a child in need of services in a petition under this article or who has been alleged to have committed a delinquent act is unrestorably incompetent to proceed and the…

(a) The court shall hold a comprehensive services plan hearing within 30 days after the comprehensive services plan has been submitted to the court for the purpose of approving the plan. Thereafter, the court shall hold a comprehensive services plan hearing every six months for t…

The purpose of this article is: (1) Consistent with the protection of the public interest, to hold a child committing delinquent acts accountable for his or her actions, taking into account such child’s age, education, mental and physical condition, background, and all other rele…

As used in this article, the term: (1) ‘‘AIDS transmitting crime’’ shall have the same meaning as set forth in Code Section 31-22-9.1. (2) ‘‘Behavioral health evaluation’’ means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to …

(a) A detention hearing shall be held promptly and no later than: (1) Two business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody without an arrest warrant; or (2) Five business days after an alleged delinquent child…

(a) A prosecuting attorney shall conduct delinquency proceedings on behalf of the state. (b) Except as provided in Article 9 of this chapter, in any delinquency proceeding, the prosecuting attorney shall be entitled to complete access to all court files, probation files, hearing tr…

(a) An alleged delinquent child and the state shall be parties at all stages of delinquency proceedings. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall have the right to notice, the right to be present in the courtroom, and the opportunity to be h…

(a) An alleged delinquent child shall have the right to be represented by an attorney at all proceedings under this article. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall not waive his or her child’s right to be represented by an attorney. (c) An…

(a) The court shall appoint a guardian ad litem whenever: (1) An alleged delinquent child appears before the court without his or her parent, guardian, or legal custodian; (2) It appears to the court that a parent, guardian, or legal custodian of an alleged delinquent child is in…

(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…

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) An alleged delinquent child may be taken into custody: (1) Pursuant to an order of the court under this article, including an order to a DJJ employee to apprehend: (A) When he or she has escaped from an institution or facility operated by DJJ; or (B) When he or she has been p…

(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) If an alleged delinquent child is brought before the court, delivered to a secure residential facility or nonsecure residential facility or foster care facility designated by the court, or otherwise taken into custody, the juvenile court intake officer shall immediately admin…

(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) All children alleged to have committed a delinquent act shall have the same right to bail as adults. (b) The judge shall admit to bail all children in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crim…

(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.