GA Code § 15-11-410 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 5 - Child in Need of Services|Part 4 - Preadjudication Custody and Release of Children|§ 15-11-410. Taking a Child Into Temporary Custody

  A child may be taken into temporary custody under this article:   Pursuant to a court order; or   By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances are such as to endanger a child's health or welfare unless immediate action is taken.     Before entering an order authorizing temporary custody, the court shall consider the results of a detention assessment and determine whether continuation in the home is contrary to a child's welfare and whether there are available services that would prevent the need for custody. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision.   A person taking a child into temporary custody shall deliver such child, with all reasonable speed and without first taking such child elsewhere, to a medical facility if he or she is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer.   As soon as a juvenile court intake officer is notified that a child has been taken into temporary custody, such juvenile court intake officer shall administer a detention assessment and determine if such child should be released, remain in temporary custody, or be brought before the court.     (Code 1981, §15-11-410, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-27/SB 364.)   Cross references.   - Exercise of power of arrest generally, § 17-4-1 et seq.    Authority of peace officer to assume temporary custody of child absent from school without lawful authority or excuse, § 20-2-698 et seq.   Amendment to Juvenile Court petition, Uniform Rules for the Juvenile Courts of Georgia, Rule 6.6.   Continuance of adjudicatory hearing in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 11.3.   Law reviews.   - For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), see 8 Ga. St. B. J. 9 (1971). For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008). For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975). For comment, "School Bullies - They Aren't Just Students: Examining School Interrogations and the Miranda Warning," see 59 Mercer L. Rev. 731 (2008).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1402, pre-2000 Code Section 15-11-19, and pre-2014 Code Section 15-11-47, 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.    Procedural requirements are applicable when child is taken into custody or temporarily detained, regardless of whether it is for alleged delinquency, unruliness, or deprivation. Sanchez v. Walker County Dep't of Family & Children Servs., 237 Ga. 406, 229 S.E.2d 66 (1976) (decided under former Code 1933, § 24A-1402).    Failure to follow mandated procedures warrants dismissal without prejudice of a petition alleging deprivation of a child. Another petition can be filed without delay if there is reason to believe the child is being neglected or abused. Sanchez v. Walker County Dep't of Family & Children Servs., 140 Ga. App. 175, 230 S.E.2d 139 (1976) (decided under former Code 1933, § 24A-1402).   Failure to follow procedures did not warrant dismissal.    - Even though taking a juvenile to police headquarters before releasing the juvenile to the juvenile's parents was a violation of subsection (a) of former O.C.G.A. § 15-11-19 (see now O.C.G.A. §§ 15-11-133 and15-11-502), dismissal of the delinquency petition was not required because the violation did not cause injury or prejudice to the juvenile. In re C.W., 227 Ga. App. 763, 490 S.E.2d 442 (1997) (decided under former O.C.G.A. § 15-11-19).    Former statute directed person taking child into custody to follow one of specified courses, "without first taking the child elsewhere," such as to the police station. M.K.H. v. State, 135 Ga. App. 565, 218 S.E.2d 284 (1975) (decided under former Code 1933, § 24A-1402).   When failure to bring juvenile promptly before court not prejudicial.    - Any deviation from former O.C.G.A. § 15-11-19 (see now O.C.G.A. §§ 15-11-133,15-11-410,15-11-411,15-11-412,15-11-501,15-11-502, and15-11-507) resulting from a police officer taking a juvenile to the scene of a crime for show-up identification following the juvenile's arrest but prior to taking the juvenile before the juvenile court was minimal and not prejudicial error. M.A.K. v. State, 171 Ga. App. 151, 318 S.E.2d 828 (1984) (decided under former O.C.G.A. § 15-11-19).    Failure of the state police to take a defendant promptly before a judicial officer does not make the defendant's conviction constitutionally infirm unless the defendant's defense was prejudiced thereby. Paxton v. Jarvis, 735 F.2d 1306 (11th Cir.), cert. denied, 469 U.S. 935, 105 S. Ct. 335, 83 L. Ed. 2d 271 (1984) (decided under former O.C.G.A. § 15-11-19); Barnes v. State, 178 Ga. App. 205, 342 S.E.2d 388 (1986);(decided under former O.C.G.A. § 15-11-19).   Juvenile may first be booked if rights are observed.    - There was no violation of former Code 1933, § 24A-1402) (see now O.C.G.A. §§ 15-11-133,15-11-410,15-11-411,15-11-412,15-11-501,15-11-502, and15-11-507) because a juvenile suspect was first taken to a police station for booking purposes, if the juvenile was advised of the juvenile's rights under that section to be questioned elsewhere; the juvenile signed a waiver of these rights on an "advice to juveniles" form and was detained at a youth development center. Marshall v. State, 248 Ga. 227, 282 S.E.2d 301 (1981) (decided under former Code 1933, § 24A-1402).    Juvenile court intake officers act in a judicial capacity; therefore, law enforcement officers, who perform an executive function, are per se disqualified from acting as intake officers. Brown v. Scott, 266 Ga. 44, 464 S.E.2d 607 (1995) (decided under former O.C.G.A. § 15-11-19).    Juvenile court intake officer is a public officer for purposes of a quo warranto proceeding. Brown v. Scott, 266 Ga. 44, 464 S.E.2d 607 (1995) (decided under former O.C.G.A. § 15-11-19).    Failure to comply with notice and hearing requirements of the Juvenile Code, after an allegedly deprived child has been taken from the parent's custody, prejudices or injures the rights of the parent, primarily the right to possession of the child under former Code 1933, §§ 74-106, 74-108, and 74-203 (see now O.C.G.A. §§ 19-7-1,19-7-25, and19-9-2). Sanchez v. Walker County Dep't of Family & Children Servs., 237 Ga. 406, 229 S.E.2d 66 (1976) (decided under former Code 1933, § 24A-1402).   Time limits are jurisdictional and must be adhered to.    - Time limits established by the General Assembly in the Juvenile Code are jurisdictional and must be strictly adhered to. A failure to comply with the time periods requires dismissal. R.A.S. v. State, 156 Ga. App. 366, 274 S.E.2d 752 (1980), overruled on other grounds, In re R.D.F., 66 Ga. 294, 466 S.E.2d 572 (1996) (decided under former Code 1933, § 24A-1402).   No jurisdiction for acts punishable by loss of life or confinement for life.    - Juvenile court did not have exclusive jurisdiction over delinquent acts for which a child (under 17 years old) may be punished by loss of life or confinement for life in the penitentiary. Nevertheless, the statutory safeguards provided were applicable to both criminal and juvenile cases. Jackson v. State, 146 Ga. App. 375, 246 S.E.2d 407 (1978) (decided under former Code 1933, § 24A-1402).    Incriminating statements obtained in violation of the Juvenile Code are not rendered per se inadmissible; rather, the issue to be considered is whether there was a knowing and intelligent waiver by the appellant of the appellant's constitutional rights in making the incriminating statements. Lattimore v. State, 265 Ga. 102, 454 S.E.2d 474 (1995) (decided under former O.C.G.A. § 15-11-19); Barber v. State, 267 Ga. 521, 481 S.E.2d 813 (1997); Skidmore v. State, 226 Ga. App. 130, 485 S.E.2d 540 (1997) (decided under former O.C.G.A. § 15-11-19); Gilliam v. State, 268 Ga. 690, 492 S.E.2d 185 (1997); Simon v. State, 269 Ga. 208, 497 S.E.2d 231 (1998) (decided under former O.C.G.A. § 15-11-19); Hanifa v. State, 269 Ga. 797, 505 S.E.2d 731 (1998); Attaway v. State, 244 Ga. App. 5, 534 S.E.2d 580 (2000) (decided under former O.C.G.A. § 15-11-19);(decided under former O.C.G.A. § 15-11-19);(decided under former O.C.G.A. § 15-11-19);(decided under former O.C.G.A. § 15-11-19).   Evidence not inadmissible because of technical violations.    - Since no injury appeared to have resulted, technical violations of former O.C.G.A. § 15-11-19 (see now O.C.G.A. §§ 15-11-133,15-11-410,15-11-411,15-11-412,15-11-501, and15-11-502) would not render infirm evidence obtained as a result of such violations. In re J.D.M., 187 Ga. App. 285, 369 S.E.2d 920 (1988) (decided under former O.C.G.A. § 15-11-19).   Guardian cooperating with police.    - By notifying the defendant's guardian of the defendant's arrest and the grounds therefor, the police complied with subsection (c) of former O.C.G.A. § 15-11-19 (see now O.C.G.A. § 15-11-501). That the guardian cooperated with the police in the police investigation of the defendant's involvement in the crime did not require a finding that the statement was not voluntarily made. Burnham v. State, 265 Ga. 129, 453 S.E.2d 449 (1995), overruled on other grounds, Stinski v. State, 281 Ga. 783, 642 S.E.2d 1 (2007) (decided under former O.C.G.A. § 15-11-19).    Rule as to confessions of juveniles should be same as that for confessions of adults because law enforcement officers cannot be certain when officers question a juvenile what kind of case may develop, and the statutory safeguards are applicable to both criminal and juvenile cases. Crawford v. State, 240 Ga. 321, 240 S.E.2d 824 (1977) (decided under former Code 1933, § 24A-1402); Jackson v. State, 146 Ga. App. 375, 246 S.E.2d 407 (1978);(decided under former Code 1933, § 24A-1402).   Confession inadmissible if failure to comply with safeguards.    - Failure to comply with the statutory safeguards renders a confession of a juvenile inadmissible in evidence. Bussey v. State, 144 Ga. App. 875, 243 S.E.2d 99 (1978) (decided under former Code 1933, § 24A-1402).    Failure to comply with the statutory safeguards renders confession of a juvenile inadmissible even in a criminal case where a juvenile is tried as an adult. Manning v. State, 162 Ga. App. 494, 292 S.E.2d 95 (1982) (decided under former O.C.G.A. § 15-11-19).   Confession obtained illegally inadmissible in delinquency hearing.    - Confession obtained from a juvenile in violation of the statute was inadmissible in a hearing to determine the delinquency of a juvenile. J.J. v. State, 135 Ga. App. 660, 218 S.E.2d 668 (1975) (decided under former Code 1933, § 24A-1402).   Confession admissible after juvenile opted not to have parent present.    - Because the undisputed evidence established that a juvenile defendant was informed of the right to have a parent present during an interview with police in which a custodial statement was obtained, but did not invoke that right, there was no error in allowing the juvenile defendant's statement into evidence. Green v. State, 282 Ga. 672, 653 S.E.2d 23 (2007) (decided under former O.C.G.A. § 15-11-47).   Confession admissible if parent present and rights protected.    - Juvenile defendant's confession was admissible despite the fact that the defendant was not taken before an impartial juvenile intake officer but a member of the county police department since the defendant's mother was present during the juvenile's interrogation and it was not alleged that the officer failed to perform any duty imposed upon the officer. Worthy v. State, 253 Ga. 661, 324 S.E.2d 431 (1985) (decided under former O.C.G.A. § 15-11-19).    Issue of whether officer to whom juvenile was taken and to whom the juvenile made a confession was a "juvenile court intake officer" did not affect the admissibility of the statement since Miranda warnings were given and the juvenile's mother was present. Houser v. State, 173 Ga. App. 378, 326 S.E.2d 513 (1985) (decided under former O.C.G.A. § 15-11-19).    Language of former O.C.G.A. § 15-11-19 (see now O.C.G.A. §§ 15-11-133,15-11-501, and15-11-502) requiring the bringing of a child before juvenile authorities was directory and did not serve to render inadmissible a juvenile's confession if the juvenile's rights were otherwise protected, such as if the juvenile's father was present and was continually apprised of the questioning. W.G.C. v. State, 173 Ga. App. 528, 327 S.E.2d 522 (1985) (decided under former O.C.G.A. § 15-11-19).   Confession admissible despite technical violation.    - Police officer's failure to bring juvenile initially to juvenile court did not render the 14-year old's confession inadmissible since the confession was obtained only after the juvenile waived the juvenile's rights knowingly and voluntarily, and with the knowledge and consent of both the juvenile's mother and legal guardian. In re J.D.G., 207 Ga. App. 698, 429 S.E.2d 118 (1993) (decided under former O.C.G.A. § 15-11-19).    Since the defendant's statement was knowingly and intelligently given before officers had an opportunity to take the juvenile anywhere, former O.C.G.A. § 15-11-19 (see now O.C.G.A. § 15-11-133,15-11-501, and15-11-502) was neither implicated nor violated. McKoon v. State, 266 Ga. 149, 465 S.E.2d 272 (1996) (decided under former O.C.G.A. § 15-11-19).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under pre-2000 Code Section 15-11-19, which was subsequently repealed but was 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.   Juvenile court intake officers.    - Officers of the juvenile division of the sheriff's department may not also serve as juvenile court intake officers for purposes of compliance with former statutory provisions. 1983 Op. Att'y Gen. No. U83-66 (decided under former O.C.G.A. § 15-11-19).   RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Infants, § 12 et seq. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 7, 66 et seq.   C.J.S.   - 43 C.J.S., Infants, §§ 67 et seq., 140 et seq., 156, 239.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) §§ 13, 15, 22.   ALR.    - Constitutionality of statute which for reformatory purposes deprives parent of custody or control of child, 60 A.L.R. 1342.   Applicability of double jeopardy to juvenile court proceedings, 5 A.L.R.4th 234.   Truancy as indicative of delinquency or incorrigibility, justifying commitment of infant or juvenile, 5 A.L.R.4th 1211.