GA Code § 15-11-567 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 6 - Delinquency|Part 9 - Transfers|§ 15-11-567. Transfers to Juvenile Court

  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 that the accused is a child, the case shall forthwith be transferred to the juvenile court together with a copy of the indictment, special presentment, accusation, or citation and all other papers, documents, and transcripts of testimony relating to the case.   The transferring court shall order that a child be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, legal custodian, or other person legally responsible for him or her to be brought before the juvenile court at a time designated by that court. The indictment, special presentment, accusation, or citation may not serve in lieu of a petition alleging delinquency in the juvenile court except as provided in Part 14 of this article.     (Code 1981, §15-11-567, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)   Law reviews.   - For article discussing the uneasy sharing of powers and responsibilities between the superior and juvenile courts in their concurrent jurisdiction over juveniles aged 13 to 18 and suggesting reforms, see 23 Mercer L. Rev. 341 (1972).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 24-2414 and 24-2415, and pre-2014 Code Section 15-11-30.4, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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.    Purpose of former statute was obviously to provide a forum in which all juveniles may receive equal treatment. Kelly v. State, 122 Ga. App. 185, 176 S.E.2d 468 (1970) (decided under former Code 1933, §§ 24-2414 and 24-2415).   Multiple transfers.    - Disregarding the question of whether collateral estoppel actually applied in the context of a case, the transfer of an involuntary manslaughter case, under former O.C.G.A. § 15-11-30.4 (see now O.C.G.A. § 15-11-567), against a juvenile to the juvenile court did not collaterally estop a later transfer of the case back to the superior court under former O.C.G.A. § 15-11-30.2 (see now O.C.G.A. § 15-11-561) because the first transfer was based on the jurisdictional restrictions in former O.C.G.A. § 15-11-28(b) (see now O.C.G.A. § 15-11-560) and at the time of that transfer, the superior court did not consider or rule on the multiple factors in former § 15-11-30.2 on which the second transfer was based. In the Interest of C.G., 291 Ga. App. 743, 662 S.E.2d 823 (2008) (decided under former O.C.G.A. §§ 15-11-30.4)   RESEARCH REFERENCES   Am. Jur. 2d.   - 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 4.   C.J.S.   - 43 C.J.S., Infants, § 373 seq.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) § 9.