reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 6 - DISPOSITION (§§ 15-11-440 — 15-11-445) › Section 15-11-444 - Probation revocation

(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 alleging that a child is in need of services as set forth in Code Section
15-11-420
. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation.
(c)
A motion for revocation of probation shall be served upon the child, his or her attorney, and parent, guardian, or legal custodian in accordance with the provisions of Code Section
15-11-424
.
(d)
If a child in need of services is taken into custody because of the alleged violation of probation, the provisions governing the detention of a child under this article shall apply.
(e)
A revocation hearing shall be scheduled to be held no later than 30 days after the filing of a motion to revoke probation.
(f)
If the court finds, beyond a reasonable doubt, that a child in need of services violated the terms and conditions of probation, the court may:
(1)
Extend his or her probation;
(2)
Impose additional conditions of probation; or
(3)
Make any disposition that could have been made at the time probation was imposed.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 6 - DISPOSITION (§§ 15-11-440 — 15-11-445) › Section 15-11-445 - Disposition reviews; time limitations

The court shall review the disposition of a child in need of services at least once within three months after such disposition and at least every six months thereafter so long as the order of disposition is in effect.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 7 - COMPREHENSIVE SERVICES PLAN (§§ 15-11-450 — 15-11-451) › Section 15-11-451 - Hearing on mental health plan; time limitations

(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 the purpose of reviewing such child's condition and approving the comprehensive services plan.
(b)
The persons required to be notified of a comprehensive services plan hearing and witnesses identified by a plan manager shall be given at least ten days' prior notice of the hearing and any subsequent hearing to review such child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of a child's alleged delinquent act shall also be provided with the same ten days' prior notice and shall be afforded an opportunity to be heard and to present a victim impact form as provided in Code Section
17-10-1.1
to the court at the comprehensive services plan hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of a child adjudicated to be unrestorably incompetent to proceed under Article 7 of this chapter.
(c)
At the comprehensive services plan hearing, the court shall enter an order incorporating a comprehensive services plan as part of the disposition of the comprehensive services plan hearing. At the time of the disposition, a child shall be placed in an appropriate treatment setting, as recommended by the examiner, unless such child has already been placed in an appropriate treatment setting pursuant to subsection (d) of Code Section
15-11-656
.
(d)
If, during the comprehensive services plan hearing or any subsequent review hearing, the court determines that a child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37, such child may be committed to an appropriate treatment setting.
(e)
At any time, in the event of a change in circumstances regarding such child, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, the person who filed the petition alleging that a child is in need of services or committed a delinquent act, the prosecuting attorney, or the plan manager may set a hearing for review of the comprehensive services plan and any proposed amendments to such plan. The court may issue an appropriate order incorporating an amended plan.
(f)
If a child is under a comprehensive services plan when he or she reaches the age of 18, the plan manager shall make a referral for appropriate adult services.
Amended by 2015 Ga. Laws 75,§ 2-7, eff. 5/5/2015.
Amended by 2014 Ga. Laws 635,§ 1-38, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 15-11-470 - Purpose of article

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 relevant factors, but to mitigate the adult consequences of criminal behavior;
(2)
To accord due process of law to each child who is accused of having committed a delinquent act;
(3)
To provide for a child committing delinquent acts with supervision, care, and rehabilitation which ensure balanced attention to the protection of the community, the imposition of accountability, and the development of competencies to enable such child to become a responsible and productive member of the community;
(4)
To promote a continuum of services for a child and his or her family from prevention of delinquent acts to aftercare, considering, whenever possible, prevention, diversion, and early intervention, including an emphasis on community based alternatives;
(5)
To provide effective sanctions to acts of juvenile delinquency; and
(6)
To strengthen families and to successfully reintegrate delinquent children into homes and communities.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 15-11-473 - Conduct of delinquency proceeding by prosecuting attorney; access to information

(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 transcripts, delinquency reports, and any other juvenile court records. It shall be the duty of the clerk, probation and intake officer, probation officers of the juvenile court, community supervision officers, and DJJ to assist a prosecuting attorney in obtaining any requested items.
Amended by 2015 Ga. Laws 73,§ 5-12, eff. 7/1/2015.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 15-11-474 - Parties in a delinquency proceeding; notice to DJJ

(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 heard at all stages of delinquency proceedings.
(c)
DJJ shall receive notice of the disposition hearing.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 15-11-475 - Right to attorney; waiver

(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 alleged delinquent child may waive the right to an attorney under limited circumstances as set forth in subsection (b) of Code Section
15-11-511
, but if a child's liberty is in jeopardy, he or she shall be represented by an attorney.
(d)
Upon a motion by an attorney for an alleged delinquent child, together with written permission of such child, a judge shall issue an order providing that such child's attorney shall have access to all dependency, school, hospital, physician, or other health or mental health care records relating for such child.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 15-11-476 - Appointment of guardian ad litem

(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 incapable or unwilling to make decisions in the best interests of such child with respect to proceedings under this article such that there may be a conflict of interest between such child and his or her parent, guardian, or legal custodian; or
(3)
The court finds that it is otherwise in a child's best interests to do so.
(b)
The role of a guardian ad litem in a delinquency proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.
(c)
In a delinquency proceeding, a child's parent, guardian, legal custodian, or attorney shall not prohibit or impede the child's guardian ad litem's access to such child.
Amended by 2014 Ga. Laws 635,§ 1-36, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 15-11-477 - Orders for behavioral health evaluations

(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 order and give consideration to the results of a child's behavioral health evaluation before ordering a child adjudicated for a class A designated felony act or class B designated felony act placed in restrictive custody; provided, however, that such order shall not be required if the court has considered the results of a prior behavioral health evaluation of such child that had been completed in the preceding six months.
(c)
Statements made by a child during a behavioral health evaluation shall only be admissible into evidence as provided in Code Section
15-11-479
.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 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.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 15-11-479 - Admissions to court personnel inadmissible; exceptions

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 is the accused and shall not be considered by the court except such statement shall be admissible as rebuttal or impeachment evidence.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 1 - GENERAL PROVISIONS (§§ 15-11-470 — 15-11-481) › Section 15-11-480 - When jeopardy attaches

(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 accepts the admission.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 2 - JURISDICTION (§ 15-11-490) › Section 15-11-490 - Venue; transfers between juvenile courts

(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 delinquent act, the adjudicating court may retain jurisdiction over the disposition of a nonresident child or may transfer the proceeding to the county of such child's residence for disposition. Like transfer may be made if the residence of such child changes pending the proceeding.
(c)
If the adjudicating court retains jurisdiction, prior to making any order for disposition of a nonresident child, the adjudicating court shall communicate to the court of the county of such child's residence the fact that such child has been adjudicated to have committed a delinquent act. Such communication shall state the date upon which the adjudicating court plans to enter an order for disposition of such nonresident child and shall request any information or recommendations relevant to the disposition of such nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition.
(d)
When any case is transferred, certified copies of all documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer order. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 3 - CUSTODY (§§ 15-11-500 — 15-11-508) › Section 15-11-500 - Order to take child into immediate custody

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 jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take such child into immediate custody and bring him or her forthwith before the court.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 3 - CUSTODY (§§ 15-11-500 — 15-11-508) › Section 15-11-501 - Taking child into custody; notice to custodian; notification of prosecuting attorney

(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 placed under supervision and has violated its conditions;
(2)
Pursuant to the laws of arrest; or
(3)
By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that a child has committed a delinquent act.
(b)
A law enforcement officer taking a child into custody shall promptly give notice together with a statement of the reasons for taking such child into custody to his or her parent, guardian, or legal custodian and to the court.
(c)
When a child who is taken into custody has committed an act which would constitute a felony if committed by an adult, the juvenile court, within 48 hours after it learns of such child having been taken into custody, shall notify the prosecuting attorney of the judicial circuit in which the juvenile proceedings are to be instituted.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 3 - CUSTODY (§§ 15-11-500 — 15-11-508) › Section 15-11-502 - Procedure after taking child into custody; detention

(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 such child before the court when requested by the court;
(2)
Immediately deliver such child to a medical facility if such child 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. Immediately upon being notified by the person taking such child into custody, the juvenile court intake officer shall determine if such child can be administered a detention assessment and if so, shall conduct such assessment and determine if such child should be released, remain in protective custody, or be brought before the court; or
(3)
Bring such child immediately before the juvenile court or promptly contact a juvenile court intake officer. The court or juvenile court intake officer shall determine if such child should be released or detained. All determinations and court orders regarding detention shall comply with the requirements of this article and shall be based on an individual detention assessment of such child and his or her circumstances.
(b)
Notwithstanding subsection (a) of this Code section, a law enforcement officer may detain an alleged delinquent child for a reasonable period of time sufficient to conduct interrogations and perform routine law enforcement procedures including but not limited to fingerprinting, photographing, and the preparation of any necessary records.
(c)
Prior to a detention hearing, an alleged delinquent child shall be placed in detention, if necessary, only in such places as are authorized by Code Section
15-11-504
.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 3 - CUSTODY (§§ 15-11-500 — 15-11-508) › Section 15-11-505 - Use of detention assessments to determine if detention is warranted; "serious delinquent act" defined

(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 administer a detention assessment and determine if such child should be detained, taking into account subsection (b) of this Code section. Such child shall be released unless it appears that his or her detention is warranted.
(b)
(1)
As used in this subsection, the term "serious delinquent act" means to commit, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:
(A)
Aggravated assault;
(B)
Aggravated battery;
(C)
Aggravated child molestation;
(D)
Aggravated cruelty to animals;
(E)
Aggravated sexual battery;
(F)
Aggravated sodomy;
(G)
Armed robbery involving a firearm;
(H)
Arson in the first degree;
(I)
Burglary in the first degree;
(J)
Child molestation;
(K)
Escape;
(L)
Hijacking a motor vehicle in the first degree;
(M)
Home invasion in the first or second degree;
(N)
Involuntary manslaughter;
(O)
Murder;
(P)
Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code Section
16-15-3
, in violation of Code Section
16-15-4
;
(Q)
Rape;
(R)
Robbery;
(S)
Sexual exploitation of children;
(T)
Smash and grab burglary;
(U)
Trafficking of substances in violation of Code Section
16-13-31
or
16-13-31.1
;
(V)
Vehicular homicide;
(W)
Voluntary manslaughter; or
(X)
Battery if the victim is a healthcare worker or emergency health worker, as either term is defined in Code Section
16-5-19
.
(2)
When a child who is 13 years of age or younger is taken into custody as provided in subsection (a) of this Code section for any delinquent act other than a serious delinquent act, there shall be a presumption that such child should not be detained.
Amended by 2024 Ga. Laws 550,§ 2, eff. 5/2/2024.
Amended by 2017 Ga. Laws 182,§ 2-1, eff. 7/1/2017.
Amended by 2016 Ga. Laws 460,§ 1-7, eff. 7/1/2016.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 3 - CUSTODY (§§ 15-11-500 — 15-11-508) › Section 15-11-507 - Bail

(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 crimes, with the exception that applying for bail, holding a hearing on the application, and granting bail for children alleged to have committed a delinquent act may only occur:
(1)
At intake in accordance with Code Section
15-11-503
; or
(2)
At the detention hearing in accordance with Code Section
15-11-506
.
(c)
A court shall be authorized to release an alleged delinquent child on bail if the court finds that such child:
(1)
Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2)
Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3)
Poses no significant risk of committing any felony pending trial; and
(4)
Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.
(d)
If a child is accused of committing an act that would be a serious violent felony, as defined in Code Section
17-10-6.1
, if committed by an adult and such child has previously been adjudicated for a delinquent act for committing an act that would be a serious violent felony if committed by an adult, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of such child as required or assure the safety of any other person or the community.
(e)
Any person having legal custody or an adult blood relative or stepparent of an alleged delinquent child shall be entitled to post bail but shall be required immediately to return such child to the individual or entity having legal custody of such child.
(f)
For the purposes of this Code section, the term "bail" shall include the release of a child on an unsecured judicial release as provided for in Code Section
17-6-12
.
Amended by 2020 Ga. Laws 547,§ 3-1, eff. 1/1/2021.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 3 - CUSTODY (§§ 15-11-500 — 15-11-508) › Section 15-11-508 - Notification to victim of child's release from detention

(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, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:
(A)
A serious violent felony as defined by Code Section
17-10-6.1
;
(B)
A class A designated felony act or class B designated felony act;
(C)
Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title 16; or
(D)
Any attempt to commit, conspiracy to commit, or solicitation of another to commit an offense enumerated in subparagraphs (A) through (C) of this paragraph.
(b)
If a child accused of a violent delinquent act is detained pending adjudication, a juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention.
(c)
Not less than 48 hours prior to a child who has been adjudicated to have committed a violent delinquent act being released from detention or transferred to a nonsecure residential facility, a juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release or transfer.
(d)
Victim notification need not be given unless a victim has expressed a desire for such notification and has provided a juvenile court intake officer with a current address and telephone number. It shall be the duty of a juvenile court intake officer to advise the victim of his or her right to notification and of the requirement of the victim to provide a primary and personal telephone number to which such notification shall be directed.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 4 - INTAKE; ARRAIGNMENT (§§ 15-11-510 — 15-11-511) › Section 15-11-510 - Intake; informal adjustment

(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 inform a child of:
(1)
The contents of the complaint;
(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 process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose.
(c)
A juvenile court intake officer may elect to pursue a case through informal adjustment or other nonadjudicatory procedure in accordance with the provisions of Code Section
15-11-515
.
(d)
If a case is to be prosecuted further and handled other than by informal adjustment or other nonadjudicatory procedure, a referral shall be made to the prosecuting attorney and a petition for delinquency shall be filed within 30 days of the filing of a complaint.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 4 - INTAKE; ARRAIGNMENT (§§ 15-11-510 — 15-11-511) › Section 15-11-511 - Arraignment; admissions at arraignment; right to attorney

(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 process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose.
(b)
The court may accept an admission at arraignment and may proceed immediately to disposition if a child is represented by counsel at arraignment. If a child's liberty is not in jeopardy, he or she may waive the right to counsel at arraignment, provided that such waiver is made knowingly, voluntarily, and on the record. A child represented by counsel or whose liberty is not in jeopardy may make a preliminary statement indicating whether he or she plans to admit or deny the allegations of the complaint at the adjudication hearing. The court shall not accept an admission from a child whose liberty is in jeopardy and who is unrepresented by counsel.
(c)
The court shall appoint an attorney to represent an alleged delinquent child whose liberty is in jeopardy and who is an indigent person.
Amended by 2018 Ga. Laws 474,§ 4, eff. 7/1/2018.
Amended by 2014 Ga. Laws 635,§ 1-39, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 5 - INFORMAL ADJUSTMENT (§ 15-11-515) › Section 15-11-515 - Informal adjustment; circumstances; admissions; exceptions

(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 of the court;
(2)
Counsel and advice without an adjudication would be in the best interests of the public and a child, taking into account at least the following factors:
(A)
The nature of the alleged offense;
(B)
The age and individual circumstances of such child;
(C)
Such child's prior record, if any;
(D)
Recommendations for informal adjustment made by the complainant or the victim; and
(E)
Services to meet such child's needs and problems may be unavailable within the formal court system or may be provided more effectively by alternative community programs; and
(3)
A child and his or her parent, guardian, or legal custodian consent with knowledge that consent is not obligatory.
(b)
The giving of counsel and advice shall not extend beyond three months unless extended by the court for an additional period not to exceed three months and shall not authorize the detention of a child if not otherwise permitted by this article.
(c)
An incriminating statement made by a participant in an informal adjustment to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding upon conviction for the purpose of a presentence investigation.
(d)
If a child is alleged to have committed a class A designated felony act or class B designated felony act, the case shall not be subject to informal adjustment, counsel, or advice without the prior consent of the district attorney or his or her authorized representative.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 6 - PETITION (§§ 15-11-520 — 15-11-523) › Section 15-11-520 - Authority to file petition

A petition alleging delinquency shall be filed by an attorney as set forth in Code Section
15-18-6.1
.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 6 - PETITION (§§ 15-11-520 — 15-11-523) › Section 15-11-521 - Time limitations for filing petition

(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 complaint shall be dismissed without prejudice. Such petition may be refiled as provided in subsection (b) of this Code section within the statute of limitations.
(b)
If a child is not in detention prior to adjudication, a petition alleging delinquency shall be filed within 30 days of the filing of the complaint alleging violation of a criminal law or within 30 days of such child's release pursuant to a determination that detention is not warranted. Upon a showing of good cause and notice to all parties, the court may grant an extension of time for filing a petition alleging delinquency. The court shall issue a written order reciting the facts justifying any extension.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 6 - PETITION (§§ 15-11-520 — 15-11-523) › Section 15-11-522 - Contents of petition

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 the public that the proceeding be brought and that such child is in need of supervision, treatment, or rehabilitation, as the case may be;
(2)
The name, age, and residence address of such child on whose behalf such petition is brought;
(3)
The name and residence address of such child's parent, guardian, or legal custodian; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within this state or if such place of residence address is unknown, the name of any of such child's known adult relative residing within the county or, if there is none, such child's known adult relative residing nearest to the location of the court;
(4)
If a child is in custody, the place of his or her detention and the time such child was taken into custody;
(5)
If a child is being charged with a class A designated felony act or class B designated felony act; and
(6)
Whether any of the information required by this Code section is unknown.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 6 - PETITION (§§ 15-11-520 — 15-11-523) › Section 15-11-523 - Amendment of petition

(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 court for such period as required in the interest of justice.
(b)
When a petition alleging delinquency is amended to include material changes to the allegations or new charges of delinquency for adjudication, the petition shall be served in accordance with Code Sections
15-11-530
and
15-11-531
.
(c)
After jeopardy attaches, a petition alleging delinquency shall not be amended to include new charges of delinquency.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 7 - SUMMONS; SERVICE (§§ 15-11-530 — 15-11-532) › Section 15-11-530 - Issuance of summons

(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 summons.
(b)
The summons shall state that a party shall be entitled to have an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 7 - SUMMONS; SERVICE (§§ 15-11-530 — 15-11-532) › Section 15-11-531 - Service of summons

(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 but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested.
(c)
If an individual to be served is outside this state but his or her address is known or can be ascertained with due diligence, notice of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested.
(d)
Service of the summons may be made by any suitable person under the direction of the court.
(e)
The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
Amended by 2014 Ga. Laws 635,§ 1-40, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 7 - SUMMONS; SERVICE (§§ 15-11-530 — 15-11-532) › Section 15-11-532 - Sanctions for failure to obey summons

(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 after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court.
(b)
If a parent, guardian, or legal custodian of the alleged delinquent child fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section
15-11-31
.
(c)
If a child 16 years of age or older fails to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section
15-11-31
.
(d)
If there is sworn testimony that a child less than 16 years of age willfully refuses to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section
15-11-31
.
Amended by 2014 Ga. Laws 635,§ 1-41, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 8 - DISMISSAL; DISCOVERY (§§ 15-11-540 — 15-11-546) › Section 15-11-540 - Motion for dismissal

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.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 8 - DISMISSAL; DISCOVERY (§§ 15-11-540 — 15-11-546) › Section 15-11-542 - Motion to compel discovery; limitations; sanctions

(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 discovery.
(d)
The court may deny, in whole or in part, or otherwise limit or set conditions concerning discovery upon sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
(1)
Jeopardize the safety of a party, witness, or confidential informant;
(2)
Create a substantial threat of physical or economic harm to a witness or other person;
(3)
Endanger the existence of physical evidence;
(4)
Disclose privileged information; or
(5)
Impede the criminal prosecution of a child who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 8 - DISMISSAL; DISCOVERY (§§ 15-11-540 — 15-11-546) › Section 15-11-543 - Notice of alibi defense

(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 alibi defense shall state the specific place or places at which a child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom such child intends to rely to establish his or her alibi, unless previously supplied.
(c)
A request for alibi evidence shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudication hearing, the alibi evidence shall be produced in a timely manner.
(d)
If a child withdraws his or her notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense shall not be admissible; provided, however, that a prosecuting attorney may offer any other evidence regarding alibi.
(e)
A prosecuting attorney shall serve upon a child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut such child's evidence of alibi, unless previously supplied.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 8 - DISMISSAL; DISCOVERY (§§ 15-11-540 — 15-11-546) › Section 15-11-544 - Continuing duty to disclose

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.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 8 - DISMISSAL; DISCOVERY (§§ 15-11-540 — 15-11-546) › Section 15-11-545 - Court discretion to order disclosure

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.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 8 - DISMISSAL; DISCOVERY (§§ 15-11-540 — 15-11-546) › Section 15-11-546 - Failure to comply with discovery request

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, or upon a showing of prejudice and bad faith, prohibit the party from introducing in evidence the information not disclosed or presenting the witness not disclosed, or enter such other order as the court deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.