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 6 - DELINQUENCY PROCEEDINGS (§§ 15-11-470 — 15-11-630) › Part 9 - COURT TRANSFERS (§§ 15-11-560 — 15-11-567) › Section 15-11-561 - Waiver of juvenile court jurisdiction and transfer to superior court

(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 trial if the court determines that:
(1)
There is probable cause to believe that a child committed the alleged offense;
(2)
Such child is not committable to an institution for the developmentally disabled or mentally ill; and
(3)
The petition alleges that such child:
(A)
Was at least 15 years of age at the time of the commission of the offense and committed an act which would be a felony if committed by an adult; or
(B)
Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to an alleged victim who is not a public safety officer as such term is defined in Code Section
16-5-19
.
(b)
At least three days prior to the scheduled transfer hearing, written notice shall be given to a child and his or her parent, guardian, or legal custodian. The notice shall contain a statement that the purpose of the hearing is to determine whether such child is to be tried in the juvenile court or transferred for trial as an adult in superior court. A child may request and the court shall grant a continuance to prepare for the transfer hearing.
(c)
After consideration of a probation report, risk assessment, and any other evidence the court deems relevant, including any evidence offered by a child, the court may determine that because of the seriousness of the offense or such child's prior record, the welfare of the community requires that criminal proceedings against such child be instituted. The court shall also consider the criteria listed in subsection (a) of Code Section
15-11-562
.
(d)
No child, either before or after reaching 17 years of age, shall be prosecuted in superior court for an offense committed before the child turned 17, unless the case has been transferred as provided in this part. In addition, no child shall be subject to criminal prosecution at any time for an offense arising out of a criminal transaction for which the juvenile court retained jurisdiction in its transfer order.
Amended by 2017 Ga. Laws 198,§ 2-3, eff. 7/1/2017.
Amended by 2015 Ga. Laws 75,§ 1-13, eff. 5/5/2015.
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 9 - COURT TRANSFERS (§§ 15-11-560 — 15-11-567) › Section 15-11-563 - Statements made at transfer hearing

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.
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 9 - COURT TRANSFERS (§§ 15-11-560 — 15-11-567) › Section 15-11-564 - Appeal of transfer order

(a)
The decision of the court regarding transfer of the case shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals.
(b)
The pendency of an interlocutory appeal shall stay criminal proceedings in superior court. A child transferred for trial as an adult in superior court shall be detained only in those places authorized for the preadjudication detention of a child as set forth in 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 9 - COURT TRANSFERS (§§ 15-11-560 — 15-11-567) › Section 15-11-565 - Places authorized for detention of child before and after transfer order

(a)
Prior to the entry of a judgment ordering a child's transfer or during the pendency of an appeal of a judgment ordering a child's transfer, such child shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section
15-11-504
.
(b)
After the entry of a judgment ordering transfer, a child shall be detained only in those places authorized for the detention of a child until such child, as set forth in Code Section
15-11-34
, reaches 17 years of age.
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 9 - COURT TRANSFERS (§§ 15-11-560 — 15-11-567) › Section 15-11-566 - Dismissal order upon transfer to superior court

(a)
If the court decides to transfer a child for trial in superior court, it shall dismiss the juvenile court petition alleging delinquency for the offense or offenses being transferred, set forth the offense or offenses which are being transferred, and make the following findings of fact in its dismissal order:
(1)
That the court had jurisdiction of the cause and the parties;
(2)
That the child subject to transfer was represented by an attorney; and
(3)
That the hearing was held in the presence of the child subject to transfer and his or her attorney.
(b)
The dismissal order shall also recount the reasons underlying the decision to transfer jurisdiction.
(c)
A dismissal of the petition alleging delinquency terminates the jurisdiction of the juvenile court over such child as to those offenses which are transferred. If the petition alleging delinquency alleges multiple offenses that constitute a single criminal transaction, the court shall either retain or transfer all offenses relating to a single criminal transaction.
(d)
Once juvenile court jurisdiction is terminated, the superior court shall retain jurisdiction even though, thereafter, a child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over such child.
(e)
A copy of the petition alleging delinquency and order of dismissal shall be sent to the district attorney of the judicial circuit in which the proceeding is taking place.
(f)
If the court decides not to transfer a child for trial in superior court, it shall set a date for an adjudication hearing in juvenile court on the petition alleging delinquency.
Amended by 2014 Ga. Laws 635,§ 1-42, 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 9 - COURT TRANSFERS (§§ 15-11-560 — 15-11-567) › Section 15-11-567 - Transfers to juvenile court

(a)
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.
(b)
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.
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 10 - ADJUDICATION HEARING (§§ 15-11-580 — 15-11-582) › Section 15-11-580 - Admission or denial of the allegations of a petition

(a)
At the commencement of the adjudication hearing, the court shall address the alleged delinquent child, in language understandable to the child, and determine whether such child is capable of understanding statements about his or her rights under this article.
(b)
If a child is capable, the court shall inquire how he or she responds to the allegations of the delinquency petition. The child may:
(1)
Deny the allegations of such petition, in which case the court shall proceed to hear evidence on such petition; or
(2)
Admit the allegations of such petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudge such child to have committed a delinquent act.
(c)
If a child stands mute, refuses to answer, or answers evasively, the court shall enter a denial of the allegations.
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 10 - ADJUDICATION HEARING (§§ 15-11-580 — 15-11-582) › Section 15-11-581 - Standard of proof

The state shall have the burden of proving the allegations of a delinquency petition beyond a reasonable doubt.
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 10 - ADJUDICATION HEARING (§§ 15-11-580 — 15-11-582) › Section 15-11-582 - Adjudication hearing; time limitations; findings

(a)
The court shall fix a time for the adjudication hearing. If an alleged delinquent child is in detention, the hearing shall be held no later than ten days after the filing of the delinquency petition. If a child is not in detention, the hearing shall be held no later than 60 days after the filing of such petition.
(b)
Adjudication hearings shall be conducted:
(1)
By the court without a jury;
(2)
In accordance with Article 5 and Part 1 of Article 6 of Chapter 7 and Chapter 8 of Title 17, unless otherwise provided in this article;
(3)
In accordance with the rules of evidence set forth in Title 24; and
(4)
In language understandable to the child subject to the delinquency petition and participants, to the fullest extent practicable.
(c)
The court shall determine if the allegations of the petition alleging delinquency are admitted or denied in accordance with the provisions of Code Section
15-11-580
.
(d)
After hearing all of the evidence, the court shall make and record its findings on whether the delinquent acts ascribed to a child were committed by such child. If the court finds that the allegations of delinquency have not been established, it shall dismiss the delinquency petition and order such child be released from any detention or legal custody imposed in connection with the proceedings.
(e)
The court shall make a finding that a child has committed a delinquent act based on a valid admission made in open court of the allegations of the delinquency petition or on the basis of proof beyond a reasonable doubt. If the court finds that a child has committed a delinquent act, the court may proceed immediately or at a postponed hearing to make disposition of the case.
Amended by 2014 Ga. Laws 635,§ 1-43, 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 11 - PREDISPOSITION INVESTIGATION REPORT (§ 15-11-590) › Section 15-11-590 - Predisposition investigation and report

(a)
After an adjudication that a child has committed a delinquent act, the court may direct that a written predisposition investigation report be prepared by the probation officer or other person designated by the court.
(b)
A predisposition investigation report shall contain such information about the characteristics, family, environment, and the circumstances affecting the child who is the subject of the report as the court determines may be helpful in its determination of the need for treatment or rehabilitation and a proper disposition of the case, including but not limited to:
(1)
A summary of the facts of the conduct of such child that led to the adjudication;
(2)
The sophistication and maturity of such child;
(3)
A summary of such child's home environment, family relationships, and background;
(4)
A summary of such child's prior contacts with the juvenile court and law enforcement agencies, including the disposition following each contact and the reasons therefor;
(5)
A summary of such child's educational status, including, but not limited to, his or her strengths, abilities, and special educational needs. The report shall identify appropriate educational and vocational goals for such child. Examples of appropriate goals include:
(A)
Attainment of a high school diploma or its equivalent;
(B)
Successful completion of literacy courses;
(C)
Successful completion of vocational courses;
(D)
Successful attendance and completion of such child's current grade if enrolled in school; or
(E)
Enrollment in an apprenticeship or a similar program;
(6)
A summary of the results and recommendations of any of such child's significant physical and mental examinations;
(7)
The seriousness of the offense to the community;
(8)
The nature of the offense; and
(9)
Whether the offense was against persons or against property.
(c)
If the court has ordered a child's physical or mental examination to be conducted, the report shall include a copy of the results of the examination.
(d)
If the court has ordered a risk assessment for a child, that assessment shall be included in the predisposition investigation report.
(e)
All information shall be presented in a concise and factual manner. The report shall indicate the sources of information in the report.
(f)
The original report and any other material to be disclosed shall be furnished to the court, and copies shall be furnished to the attorney for the child who is the subject of such report and to the prosecuting attorney at least five days prior to 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 12 - DISPOSITION (§§ 15-11-600 — 15-11-608) › Section 15-11-600 - Disposition hearing; time limitations; findings; evidence

(a)
(1)
After a finding that a child has committed a delinquent act, the court shall hear evidence and determine whether:
(A)
Such child is in need of treatment, rehabilitation, or supervision;
(B)
Such child's continuation in his or her home is contrary to such child's welfare; and
(C)
Reasonable efforts have been made to prevent or eliminate the need to remove such child from his or her home.
(2)
After hearing the evidence described in paragraph (1) of this subsection, the court shall make and file its findings based upon such determinations.
(b)
The court may proceed immediately to the disposition hearing after the adjudication hearing or conduct the disposition hearing within 30 days of the adjudication hearing. The disposition hearing may occur later than 30 days after the adjudication hearing only if the court makes and files written findings of fact explaining the need for delay.
(c)
In the absence of evidence to the contrary, evidence sufficient to warrant a finding that felony acts have been committed shall also be sufficient to sustain a finding that the child is in need of treatment or rehabilitation.
(d)
If the court finds that a child who committed a delinquent act is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge such child from any detention or other restriction previously ordered.
(e)
If the court finds that a child who committed a delinquent act is in need of supervision but not of treatment or rehabilitation, it shall find that such child is a child in need of services and enter any disposition authorized by Code Section
15-11-442
.
(f)
The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child who committed a delinquent act and the most appropriate disposition.
(g)
(1)
Prior to the disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court.
(2)
Portions of written reports not relied on by the court in reaching its decision which if revealed would be prejudicial to the interests of any party to the proceeding, or reveal confidential sources, may be withheld in the court's discretion.
(3)
Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports.
(h)
In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home.
Amended by 2014 Ga. Laws 476,§ 1-1, eff. 7/1/2014.
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 12 - DISPOSITION (§§ 15-11-600 — 15-11-608) › Section 15-11-603 - Disposition of child adjudged to have committed delinquent act constituting AIDS transmitting crime; HIV testing; reports

(a)
As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, order that such child submit to an HIV test within 45 days following the adjudication of delinquency. The court shall mail DJJ a copy of the order within three days following its issuance.
(b)
Within 30 days following receipt of the copy of the order, DJJ shall arrange for the HIV test for such child.
(c)
Any child placed in the custody and control of DJJ shall be HIV tested in accordance with DJJ's policies and procedures.
(d)
If a child is determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall only be reported to:
(1)
DJJ or the Department of Corrections, as the case may be, and the Department of Public Health, which may disclose the name of such child if necessary to provide counseling and which shall provide counseling to each victim of the AIDS transmitting crime or to any parent, guardian, or legal custodian of any victim who is a minor or incompetent person if DJJ or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim. Counseling shall include providing the person with information and explanations medically appropriate for such person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV;
(2)
The court which ordered the HIV test; and
(3)
Those persons in charge of any facility to which such child has been confined by order of the court. In addition to any other restrictions regarding the confinement of a child, a child determined to be an HIV infected person may be confined separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A)
That child is reasonably believed to be sexually active while confined;
(B)
That child is reasonably believed to be sexually predatory either during or prior to detention; or
(C)
The commissioner of juvenile justice reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted.
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 12 - DISPOSITION (§§ 15-11-600 — 15-11-608) › Section 15-11-604 - Credit for time served

(a)
A child adjudicated to have committed a delinquent act shall be given credit for each day spent in a secure residential facility, a nonsecure residential facility, or any institution or facility for the treatment or examination of a physical or mental disability awaiting adjudication, pending disposition and in connection with and resulting from a court order entered in the proceedings for which the disposition was imposed and in any institution or facility for treatment or examination of a physical or mental disability. Such credit shall be applied toward the child's disposition.
(b)
Subsection (a) of this Code section shall apply to dispositions for all offenses, whether classified as violations, misdemeanors, or felonies.
Amended by 2014 Ga. Laws 635,§ 1-45, 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 12 - DISPOSITION (§§ 15-11-600 — 15-11-608) › Section 15-11-606 - Order of disposition not conviction of crime

An order of disposition or adjudication shall not be a conviction of a crime and shall not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment.
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 12 - DISPOSITION (§§ 15-11-600 — 15-11-608) › Section 15-11-607 - Duration of disposition orders

(a)
Except as otherwise provided in Code Section
15-11-602
, an order of disposition committing a child adjudicated for a delinquent act to DJJ shall continue in force for two years or until such child is sooner discharged by DJJ. The court which made the order may extend its duration for a period not to exceed two years subject to like discharge, if:
(1)
A hearing is held upon DJJ's motion prior to the expiration of the order;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to such child and his or her parent, guardian, or legal custodian; and
(3)
The court finds that the extension is necessary for the treatment or rehabilitation of such child.
(b)
Any other order of disposition except an order of restitution as allowed by paragraph (7) or (8) of subsection (a) of Code Section
15-11-601
shall continue in force for not more than two years. An order of extension may be made if:
(1)
A hearing is held prior to the expiration of the order on the court's own motion or upon motion of DJJ or the prosecuting attorney;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;
(3)
The court finds that the extension is necessary to accomplish the purposes of the order extended; and
(4)
The extension does not exceed two years from the expiration of the prior order.
(c)
The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished.
(d)
Except as otherwise provided in paragraph (7) of subsection (a) of Code Section
15-11-601
and Code Section
17-14-5
, when a child reaches 21 years of age, all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.
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 12 - DISPOSITION (§§ 15-11-600 — 15-11-608) › Section 15-11-608 - Probation revocation; procedure

(a)
An order granting probation to a child adjudicated for a delinquent act 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 the prosecuting attorney who may file a motion in the court for revocation of probation. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation.
(c)
The motion for revocation of probation shall be served upon the child serving the probated sentence, his or her attorney, and his or her parent, guardian, or legal custodian in accordance with the provisions of Code Section
15-11-531
.
(d)
If a child serving a probated sentence is taken into custody because of an alleged violation of probation, the provisions governing the detention of a child shall apply.
(e)
A revocation hearing shall be scheduled to be held no later than 30 days after the filing of such motion or, if a child has been detained as a result of the filing of such motion for revocation, not later than ten days after the filing of the motion.
(f)
If the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation, the court may:
(1)
Extend probation;
(2)
Impose additional conditions of probation; or
(3)
Make any disposition that could have been made at the time probation was imposed.
(g)
In the case of a class A designated felony act or class B designated felony act, if the court finds that a child violated the terms and conditions of probation, the court shall reconsider and make specific findings of fact as to each of the factors in subsection (b) of Code Section
15-11-602
to determine whether placement in restrictive custody.
(h)
In the case of a class A designated felony act or class B designated felony act, if the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation and revokes the order granting probation, the child shall be given credit for time served on probation and time served in preadjudication custody.
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 13 - FOSTER CARE; PERMANENCY PLAN (§§ 15-11-620 — 15-11-623) › Section 15-11-620 - Calculating time when child is delinquent and dependent

(a)
When a child is alleged to have committed a delinquent act and be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier.
(b)
When a child is alleged to have committed a delinquent act and is placed directly in a nonsecure residential facility, the date such child is considered to have entered foster care shall be 60 days after the date on which such child is removed from his or her home.
(c)
If a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in foster care within 60 days of such child's removal from the home, then the date of entry into foster care shall be 60 days after the date of removal.
(d)
When a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in a nonsecure residential facility within 60 days of such child's removal from the home, the date such child is considered to have entered foster care shall be 60 days from the date on which such child is removed from his or her home.
(e)
If a child is detained in a facility operated primarily for the detention of delinquent children pending placement in foster care and remains detained for more than 60 days, then the date of entry into foster care shall be the date such child is placed in foster care.
(f)
When a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children and remains detained for more than 60 days and such child is subsequently placed in a nonsecure residential facility, the date such child is considered to have entered foster care shall be the date such child was placed in a nonsecure residential facility.
Amended by 2014 Ga. Laws 476,§ 1-2, eff. 7/1/2014.
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 13 - FOSTER CARE; PERMANENCY PLAN (§§ 15-11-620 — 15-11-623) › Section 15-11-621 - Periodic review hearings for delinquent children in foster care or committed to the Department of Juvenile Justice

(a)
The periodic review hearing requirements under Code Sections
15-11-216
,
15-11-217
, and
15-11-218
shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care.
(b)
When a child is committed to DJJ and for whom a determination has been made that the child's continuation in his or her home is contrary to the child's welfare and he or she is placed in a nonsecure residential facility, such child shall receive a periodic review before an administrative review panel within DJJ within six months following the date the child entered the nonsecure residential facility and every six months thereafter while the child remains in such facility. The administrative review panel within DJJ shall transmit its report, including its findings and recommendations, to the court within five days after conducting its review.
Amended by 2014 Ga. Laws 476,§ 1-3, eff. 7/1/2014.
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 13 - FOSTER CARE; PERMANENCY PLAN (§§ 15-11-620 — 15-11-623) › Section 15-11-622 - Permanency planning requirements; reasons for failure to terminate parental rights

(a)
The permanency plan requirements under Code Sections
15-11-230
,
15-11-231
, and
15-11-232
shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care.
(b)
In addition to the compelling reasons set forth in Code Section
15-11-233
, a compelling reason for determining that filing a termination of parental rights petition is not in the best interests of a child alleged or adjudicated to have committed a delinquent act may include, but not be limited to:
(1)
A child's developmental needs require continued out-of-home placement for an additional number of months, and his or her parent, guardian, or legal custodian has cooperated with referrals, visitation, and family conferences, as well as therapy;
(2)
A child is uncooperative with services or referrals; and
(3)
The length of the delinquency disposition affects the permanency plan.
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 13 - FOSTER CARE; PERMANENCY PLAN (§§ 15-11-620 — 15-11-623) › Section 15-11-623 - Permanency plan; hearing, notice, report, and findings of fact when a child is committed to the Department of Juvenile Justice

(a)
As used in this Code section, the term "permanency plan" means a specific written plan prepared by DJJ designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute long-term home when return to such child's family is not possible or is not in such child's best interests.
(b)
(1)
The court shall hold a hearing to review the permanency plan for each child committed to DJJ when a determination has been made that the child's continuation in his or her home is contrary to the child's welfare, and the child is placed in a nonsecure residential facility.
(2)
Such hearing shall be held no later than 12 months from the date a child is considered to have entered foster care and every 12 months thereafter to make determinations including whether the permanency plan for such child is appropriate and whether reasonable efforts to finalize the permanency plan have been made by DJJ.
(3)
A child's parent, guardian, legal custodian, attorney, any relatives providing care for such child, and other interested parties shall be given written notice of such hearing at least five days in advance of such hearing and shall be advised that the permanency plan will be submitted to the court for consideration as the order of the court.
(4)
At least five days prior to such hearing, DJJ shall submit for the court's consideration a report recommending a permanency plan for a child committed to a nonsecure residential facility. Such report shall include documentation of the steps taken by DJJ to finalize the permanent placement for such child.
(5)
Subsequent to such hearing, the court shall make written findings of fact that shall include whether DJJ has made reasonable efforts to finalize the permanency plan in effect at the time of the hearing.
Added by 2014 Ga. Laws 476,§ 1-4, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-650 - Purpose of article

The purpose of this article is:
(1)
To set forth procedures for a determination of whether a child is incompetent to proceed; and
(2)
To provide a mechanism for the development and implementation of competency remediation services, when appropriate, including treatment, habilitation, support, or supervision services.
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 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-651 - Definitions

As used in this article, the term:
(1)
"Competency remediation services" means outpatient interventions directed only at facilitating the attainment of competence to proceed for a child adjudicated to be incompetent to proceed. Such term may include mental health treatment to reduce interfering symptoms, specialized psychoeducational programming, or a combination of these interventions.
(2)
"Comprehensive services plan" shall have the same meaning as set forth in Code Section
15-11-381
.
(3)
"Incompetent to proceed" means lacking sufficient present ability to understand the nature and object of the proceedings, to comprehend his or her own situation in relation to the proceedings, and to assist his or her attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings. Such term shall include consideration of a child's age or immaturity.
(4)
"Mental competency proceeding" means a hearing conducted to determine whether a child is incompetent to proceed in adjudication, a disposition hearing, or a transfer proceeding.
(5)
"Plan manager" shall have the same meaning as set forth in Code Section
15-11-381
.
(6)
"Treatment facility" means a facility that receives patients for psychiatric treatment as provided in Code Sections
37-3-80
through
37-3-84
but shall not include a secure residential facility.
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 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-652 - Stay of proceedings regarding child who may not be mentally competent to stand trial; appointment of attorney; tolling of time periods

(a)
If at any time after the filing of a petition alleging delinquency or that a child is a child in need of services the court has reason to believe that the child named in the petition may be incompetent to proceed, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, such child's parent, guardian, or legal custodian, or the prosecuting attorney shall stay all proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation of and report on such child's mental condition.
(b)
When a delinquency petition is filed alleging a child under the age of 13 has committed a serious violent felony, as defined in Code Section
17-10-6.1
, the court shall stay all delinquency proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation and report concerning such child's mental condition.
(c)
Any motion, notice of hearing, order, or other pleading relating to a child's incompetency to proceed shall be served upon him or her, his or her attorney, his or her guardian ad litem, if any, his or her parent, guardian, or legal custodian, and the prosecuting attorney.
(d)
Prior to the administration of any evaluation, the court shall appoint an attorney to represent a child if he or she is not yet represented by an attorney.
(e)
All time limits set forth in Articles 5 and 6 of this chapter for adjudication and disposition of a delinquency or a child in need of services proceeding shall be tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding and during provision of competency remediation services.
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 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-654 - Transfer of proceedings

(a)
If at any time following a finding that a child is incompetent to proceed the court determines that such child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of such child's residence.
(b)
When any case is transferred, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.
(c)
If a court determines that such child's competency is remediated, jurisdiction of the case may be returned to the transferring court for the adjudication hearing and any subsequent 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 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-655 - Mental competency hearing; burden of proof; notice; rights during hearing; procedure; findings

(a)
A hearing to determine if a child is incompetent to proceed shall be conducted within 60 days after the initial court order for evaluation. The hearing may be continued by the court for good cause shown.
(b)
Written notice shall be given to all parties and the victim at least ten days prior to such hearing.
(c)
The burden of proving that a child is incompetent to proceed shall be on such child. The standard of proof necessary for proving mental competency shall be a preponderance of the evidence.
(d)
At the hearing to determine incompetency to proceed, a child's attorney and the prosecuting attorney shall have the right to:
(1)
Present evidence;
(2)
Call and examine witnesses;
(3)
Cross-examine witnesses; and
(4)
Present arguments.
(e)
The examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both a child's attorney and the prosecuting attorney.
(f)
The court's findings of fact shall be based on any evaluations of a child's mental condition conducted by licensed psychologists or psychiatrists appointed by the court, any evaluations of a child's mental condition conducted by independent licensed psychologists or psychiatrists hired by the parties, and any additional evidence presented.
(g)
If the court finds that a child is not incompetent to proceed, the proceedings which have been suspended shall be resumed. The time limits under Article 5 or 6 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding such child mentally competent.
(h)
Copies of the court's findings shall be given to the parties within ten days following the issuance of such findings.
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 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-657 - Restoration to competency; remediation orders and reports

(a)
All competency remediation service orders issued by the court shall contain:
(1)
The name of the competency remediation service program provider and the location of the program;
(2)
A statement of the arrangements for a child's transportation to the program site;
(3)
The length of the competency remediation service program;
(4)
A statement of the arrangements for a child's transportation after the program ends; and
(5)
A direction concerning the frequency of reports required by the court.
(b)
DBHDD or a licensed psychologist or psychiatrist shall file a written report with the court:
(1)
Not later than six months after the date the court orders that competency remediation be attempted but prior to the first review hearing;
(2)
Every six months after the first review hearing if a child remains incompetent to proceed and under an order for remediation;
(3)
At any time DBHDD or a licensed psychologist or psychiatrist opines a child has attained competency; or
(4)
At shorter intervals designated by the court in its competency remediation order.
(c)
DBHDD or the licensed psychologist or psychiatrist written report shall include, but not be limited to:
(1)
Whether a child's competency can be remediated or whether a child is likely to remain incompetent to proceed for the foreseeable future;
(2)
Whether additional time is needed to remediate a child's competency; and
(3)
If a child has attained competency, the effect, if any, of any limitations that are imposed by any medication or other treatment used in the effort to remediate competency.
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 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-658 - Disposition of a child found unrestorably incompetent to proceed

(a)
If the court initially finds that a child is unrestorably incompetent to proceed, the court shall dismiss the petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may:
(1)
Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or a child in need of services petition; or
(2)
Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination.
(b)
If at any time after a child is ordered to undergo competency remediation services DBHDD or a licensed psychologist or psychiatrist opines that a child is likely to remain incompetent to proceed for the foreseeable future, DBHDD or the licensed psychologist or psychiatrist shall submit a report to the court so stating.
(c)
Upon receipt of the report specified in subsection (b) of this Code section, the court shall make a competency determination and shall dismiss the delinquency petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may:
(1)
Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or child in need of services petition; or
(2)
Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination.
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 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-659 - Court's duty when child found unrestorably incompetent to proceed

If at any time after a child is adjudicated to be incompetent to proceed due to age, immaturity, or for any reason other than mental illness or developmental disability and is ordered to undergo competency remediation services and DBHDD determines that such child is likely to remain incompetent to proceed for the foreseeable future, DBHDD shall submit a report and its conclusions to the court. Upon receipt of such report, the court shall:
(1)
Make a competency determination;
(2)
Order that the applicable petition be dismissed; and
(3)
Order that a plan manager be appointed and that the procedures for a comprehensive services plan be initiated under Article 5 of this chapter.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.