GA Code § 15-11-478 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 6 - Delinquency|Part 1 - General Provisions|§ 15-11-478. Continuance of a Hearing in Delinquency Proceedings

 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 record.    (Code 1981, §15-11-478, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)   Law reviews.   - For article, "The Child as a Party in Interest in Custody Proceedings," see 10 Ga. St. B. J. 577 (1974). For article, "Termination of Parental Rights: Recent Judicial and Legislative Trends," see 30 Emory L. J. 1065 (1981). For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2201, pre-2000 Code Section 15-11-33, and pre-2014 Code Section 15-11-65, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.    Separate trials (adjudication and dispositional) with each having different goals are required. See D.C.A. v. State, 135 Ga. App. 234, 217 S.E.2d 470 (1975) (decided under former Code 1933, § 24A-2201) J.B. v. State, 139 Ga. App. 545, 228 S.E.2d 712 (1976);(decided under former Code 1933, § 24A-2201).   Purpose of division of juvenile trials into two phases.    - In dividing juvenile trials into two phases lawmakers intended to give the juvenile judge an opportunity to conduct the "functional equivalent" of a regular trial (the adjudicatory hearing) in a manner which would satisfy the required constitutional procedures concomitant with the usual legal rules, such as those dealing with admissibility of evidence, proof beyond a reasonable doubt, and similar requirements applicable to adults. Thereafter, at the dispositional phase, the judge was to explore all available additional avenues, including psychiatric and sociological studies, which would enable the judge to provide a solution for the youngster and the family aimed at making the child a secure law-abiding member of society. D.C.A. v. State, 135 Ga. App. 234, 217 S.E.2d 470 (1975) (decided under former Code 1933, § 24A-2201).    During adjudicatory phase, rules of evidence generally prevail. In the second (dispositional) phase, the court hears virtually all evidence which is material and relevant to the issue of disposition. J.B. v. State, 139 Ga. App. 545, 228 S.E.2d 712 (1976) (decided under former Code 1933, § 24A-2201).   Dispositional hearing not necessary for termination due to deprivation.    - If a petition for the termination of parental rights alleged only that the children were deprived, not delinquent or unruly, it was not necessary for the juvenile judge to hold a dispositional hearing. In re J.C., 242 Ga. 737, 251 S.E.2d 299 (1978), appeal dismissed, 441 U.S. 929, 99 S. Ct. 2046, 60 L. Ed. 2d 657 (1979) (decided under former Code 1933, § 24A-2201).    Continuation of a dispositional hearing should have been allowed when the probation officer notified the court that the officer was not prepared to make a recommendation regarding disposition. In re M.D., 233 Ga. App. 261, 503 S.E.2d 888 (1998) (decided under former O.C.G.A. § 15-11-33).    Dispositional hearing was held, albeit briefly, since, at the conclusion of the trial, the court found that the juvenile had committed the offense charged and questioned the juvenile with regard to whether the juvenile had been in court before and whether the juvenile had ever been charged with similar conduct. In re B.J.G., 234 Ga. App. 285, 506 S.E.2d 449 (1998) (decided under former O.C.G.A. § 15-11-33).   Timing of dispositional hearing.    - When a juvenile court, having concluded the adjudicatory hearing and having found a juvenile defendant guilty of contempt, proceeded immediately to a dispositional hearing at which the defendant had the opportunity to be heard and to give evidence, the defendant waived any assertion of error by not objecting to this proceeding. In the Interest of P.W., 289 Ga. App. 323, 657 S.E.2d 270 (2008) (decided under former O.C.G.A. § 15-11-65).   Disposition made following finding of delinquency.    - Decision that the child is in need of treatment or rehabilitation, based upon clear and convincing evidence, is made following a finding of delinquency. A.C.G. v. State, 131 Ga. App. 156, 205 S.E.2d 435 (1974) (decided under former Code 1933, § 24A-2201).   Dispositional hearings held in county of juvenile's residence.    - Dispositional hearings must be held in the county of the juvenile's residence to meet state constitutional requirements. C.L.A. v. State, 137 Ga. App. 511, 224 S.E.2d 491 (1976) (decided under former Code 1933, § 24A-2201).   Continuance request on the part of the state.    - Order granting the state's request for a continuance in a juvenile proceeding was vacated because the juvenile court did not consider whether the state's proffered reason of needing more time to determine whether to file a removal petition constituted good cause given the juvenile's objection to the continuance and the expressed desire to admit to the charged crimes. In the Interest of A. H., 332 Ga. App. 590, 774 S.E.2d 163 (2015).   No need to repeat evidence presented during adjudicatory portion.    - There was no error in refusing to have the dispositional phase include a repetition of the same evidence and witnesses previously presented during the adjudicatory portion. D.C.A. v. State, 135 Ga. App. 234, 217 S.E.2d 470 (1975) (decided under former Code 1933, § 24A-2201).   RESEARCH REFERENCES   Am. Jur. 2d.   - 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 110 et seq.   C.J.S.   - 43 C.J.S., Infants, § 199 et seq.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) § 29.   ALR.   - Applicability of rules of evidence in juvenile delinquency proceeding, 43 A.L.R.2d 1128.   Applicability of double jeopardy to juvenile court proceedings, 5 A.L.R.4th 234.   Defense of infancy in juvenile delinquency proceedings, 83 A.L.R.4th 1135.   Applicability of rules of evidence to juvenile transfer, waiver, or certification hearings, 37 A.L.R.5th 703.