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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-36 - Expenses charged to county; payment by parent on court order

(a)
The following expenses shall be a charge upon the funds of the county upon certification thereof by the court:
(1)
The cost of medical and other examinations and treatment of a child ordered by the court;
(2)
The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than DJJ, but the court may order supplemental payments, if such are necessary or desirable for services;
(3)
Reasonable compensation for services and related expenses of an attorney appointed by the court, when appointed by the court to represent a child and when appointed by the court to conduct the proceedings;
(4)
Reasonable compensation for a guardian ad litem;
(5)
The expense of service of summons, notices, and subpoenas; travel expenses of witnesses; transportation, subsistence, and detention of a child for juvenile court proceedings or superior court proceedings when a child is prosecuted in superior court pursuant to Code Section
15-11-560
; and other like expenses incurred in the proceedings under this chapter; and
(6)
The cost of counseling and counsel and advice required or provided under the provisions of Code Section
15-11-212
or
15-11-601
.
(b)
The court shall determine whether the expenses shall be a charge upon the funds of the county and certify such expenses to the county governing authority within 120 days from the date such expenses were submitted to the court for certification. If the court has not made such certification within 120 days, the court shall be deemed to have denied certification.
(c)
If, after due notice to the parent or other person legally obligated to care for and support a child and after affording such person an opportunity to be heard, the court finds that such person is financially able to pay all or part of the costs and expenses outlined in subsection (a) of this Code section, the court may order such person to pay the same and prescribe the manner of payment. In addition, the court may order payment from a child's parent or other legally obligated person or entity to reimburse all or part of the costs and expenses of the department or DJJ for treatment, care, and support of a child. Unless otherwise ordered, payment shall be made to the clerk of the court for remittance to the person or agency, including the department or DJJ, to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county.
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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-37 - Supervision fees

(a)
The court may collect supervision fees from those who are placed under the court's formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:
(1)
Housing in nonsecure residential facilities;
(2)
Educational services, tutorial services, or both;
(3)
Counseling and diagnostic testing;
(4)
Mediation;
(5)
Transportation to and from court ordered services;
(6)
Truancy intervention services;
(7)
Restitution programs;
(8)
Job development or work experience programs;
(9)
Community services; and
(10)
Any other additional programs or services needed to meet the best interests, development, and rehabilitation of a child.
(b)
(1)
The juvenile court may order each delinquent child or child in need of services who receives supervision to pay to the clerk of the court:
(A)
An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and
(B)
A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that a child receives supervision.
(2)
A child and his or her parent, guardian, or legal custodian may be jointly and severally liable for the payment of fees set forth in paragraph (1) of this subsection and shall be subject to the enforcement procedure in subsection (c) of Code Section
15-11-36
. The judge shall provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by such child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by the treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing community services described in subsection (a) of this Code section to child offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services.
(c)
The clerk of the court shall be responsible for collections of fees as ordered by the court.
(d)
For the purpose of this Code section, the term "legal custodian" shall not be interpreted or construed to include the department or DJJ.
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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-39 - Risk assessments or risk and needs assessments; case plans; issuance of orders

(a)
In any jurisdiction within which a risk reduction program has been established, when a child comes before the court for disposition, the court may order that a risk assessment or risk and needs assessment, as defined in Code Section
49-4A-1
, be made of such child and the circumstances resulting in such child being before the court.
(b)
If the results of a risk assessment or risk and needs assessment, as defined in Code Section
49-4A-1
, demonstrates a need for a case plan, the court may order that a case plan be developed by a panel representing community agencies as authorized by the court. A case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist a child.
(c)
A case plan shall be served on a child and his or her parent, guardian, or legal custodian. A case plan shall also include a cover letter which contains the following information:
(1)
Sources to explain the process, procedures, and penalties for not responding to the court order in the prescribed time frame; and
(2)
The deadline for responding to the court order and stating objections to the case plan or any portion thereof is ten days from the date of service.
(d)
If no objection is made or if a child and his or her parent, guardian, or legal custodian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time such child is under the jurisdiction of the court.
(e)
If a child or his or her parent, guardian, or legal custodian objects to the case plan, the court shall conduct a hearing. The court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section
15-11-29
, without the necessity of a show cause hearing, unless objection is made to the case plan.
(f)
In any jurisdiction within which a risk reduction program has been established, such court may issue an order authorized by Code Section
15-11-29.1
.
Amended by 2017 Ga. Laws 227,§ 1-2, eff. 7/1/2017.
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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-40 - Information sharing; confidentiality

(a)
Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduction program may exchange, as necessary, information, medical records, school records, immigration records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in such program if such exchange of information is ordered by the court or consented to by the parties. Such information shall be used by such individuals and agencies only for the purposes provided in this chapter and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential as required by state and federal law and the court may punish any violations of confidentiality as contempt of court.
(b)
Any person who authorizes or permits any unauthorized person or agency to have access to confidential records or reports of child abuse shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain confidential records or reports of child abuse or information contained therein shall be guilty of a misdemeanor.
(c)
Confidential records or reports of child abuse and information obtained from such records may not be made a part of any record which is open to the public except that a prosecuting attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse.
(d)
This Code section shall not abridge the provisions relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-50 - Creation of juvenile courts; appointment of judges

(a)
There is created a juvenile court in every county in the state.
(b)
Except where election is provided by local law, the judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed shall have the authority to act as judge of each juvenile court in each county of the circuit.
(c)
If no person is appointed as a juvenile court judge for a circuit, then a superior court judge of the circuit shall as part of the duties of the superior court judge assume the duties of the juvenile court judge in all counties in the circuit in which a separate juvenile court judgeship has not been established.
(d)
All juvenile court judgeships established on or before October 1, 2000, and their methods of compensation, selection, and operation shall continue until such time as one or more circuit-wide juvenile court judges are appointed. However, in any circuit where a superior court judge assumes the duties of the juvenile court judge, such circuit shall not be entitled to the state funds provided for in Code Section
15-11-52
.
(e)
When one or more circuit-wide juvenile court judges are appointed or elected, any juvenile court judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit wide.
(f)
After the initial appointments and prior to any subsequent appointment or reappointment of any part-time or full-time juvenile court judge, the judge or judges responsible for making the appointment shall publish notice of the vacancy of the juvenile court judgeship once a month for three months prior to such appointment or reappointment. Such notice shall be published in the official legal organ of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice is published.
(g)
In the event that more than one juvenile court judge is appointed, one judge shall be designated presiding judge.
(h)
In any case in which action under this Code section is to be taken by a superior court judge of the circuit, such action shall be taken as follows:
(1)
Where there are one or two superior court judges, such action shall be taken by the chief judge of the circuit; and
(2)
Where there are more than two superior court judges, such action shall be taken by a majority vote of the judges of the circuit.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-51 - Qualification of judges

(a)
No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of this state for three years, is a member of the State Bar of Georgia, and has practiced law for five years.
(b)
A juvenile court judge shall be eligible for reappointment or reelection.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-52 - Terms and compensation of judges

(a)
Each appointed juvenile court judge shall serve for a term of four years.
(b)
The compensation of the full-time or part-time juvenile court judges shall be set by the superior court with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.
(c)
Out of funds appropriated to the judicial branch of government, the state shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(1)
Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state grant of $100,000.00;
(2)
In addition to the amount set forth in paragraph (1) of this subsection, each circuit which has more than four superior court judges shall be eligible for additional state grants in the amount of $25,000.00 per superior court judgeship exceeding four judges in such circuit;
(3)
In circuits where the superior court judges elect to use the state grant for one or more part-time judges, the amount of the state grant shall be as follows; provided, however, that such grant shall not exceed the amount the circuit is eligible to receive under paragraphs (1) and (2) of this subsection:
(A)
For each part-time judge who works one dayweekly $20,000.00
(B)
For each part-time judge who works two daysweekly 40,000.00
(C)
For each part-time judge who works three daysweekly 60,000.00
(D)
For each part-time judge who works four daysweekly 80,000.00; and
(4)
All state grants provided by this subsection shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.
Amended by 2017 Ga. Laws 38,§ 2-1, eff. 7/1/2017 only if funds are appropriated for purposes of Part II of this Act in an appropriations Act enacted at the 2017 regular session of the General Assembly.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-53 - Practice of law by judges

(a)
It shall be unlawful for any full-time juvenile court judge to engage in any practice of law outside his or her role as a juvenile court judge.
(b)
It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in the court to which he or she is assigned or in any other court in any case, proceeding, or any other matters of which it has pending jurisdiction or has had jurisdiction.
(c)
It shall be unlawful for any juvenile court judge, full time or part time, to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in court, except such advice or counsel as a judge is called upon to give while performing the duties of a juvenile court judge.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-54 - Administration and expenses of juvenile courts

(a)
Each juvenile court shall be assigned and attached to the superior court of the county for administrative purposes.
(b)
The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro rata contribution toward the costs of such benefits, based on county population. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System provided by Chapter 23 of Title 47.
(c)
Except for state grants provided by Code Section
15-11-52
, all expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.
Amended by 2017 Ga. Laws 38,§ 2-2, eff. 7/1/2017 only if funds are appropriated for purposes of Part II of this Act in an appropriations Act enacted at the 2017 regular session of the General Assembly.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-55 - Applicability of local laws

(a)
To the extent that the provisions of this article conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern.
(b)
The state grants provided by Code Section
15-11-52
shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide juvenile court judges, whether the judge or judges shall be full time or part time or a combination of full time and part time, and the compensation of any part-time juvenile court judge or judges.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-56 - Simultaneous service by judges

(a)
No person who is serving as a full-time juvenile court judge shall at the same time hold the office of judge of any other class of court of this state.
(b)
No person serving as a juvenile court judge after being elected juvenile court judge pursuant to a local law authorized by a constitutional amendment shall at the same time hold the office of judge of any other class of court of this state.
(c)
Nothing in this Code section shall prevent any duly appointed or elected juvenile court judge from sitting by designation as a superior court judge pursuant to Code Section
15-1-9.1
.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-57 - Commissioning of juvenile court judges; appointment of associate juvenile court judges

(a)
Whenever a juvenile court judge is appointed it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of such order, the Secretary of State shall issue a commission as for superior court judges.
(b)
Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the juvenile court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-58 - [Effective Until 7/1/2025] Council of Juvenile Court Judges; role; director

(a)
All of the judges and associate judges of the courts exercising jurisdiction over children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairperson of the council.
(b)
The Council of Juvenile Court Judges:
(1)
Shall meet at stated times to be fixed by it or on call of the chairperson;
(2)
May establish general policies for the conduct of courts exercising jurisdiction over children;
(3)
May promulgate uniform rules and forms governing procedures and practices of the courts;
(4)
Shall publish in print or electronically an annual report of the work of the courts exercising jurisdiction over children, which shall include statistical and other data on the courts' work and services, research studies the council may make of the problems of children and families dealt with by the courts, and any recommendations for legislation; and
(5)
Shall be authorized to inspect and copy records of the courts, law enforcement agencies, the department, the Department of Community Supervision, and DJJ for the purpose of compiling statistical data on children.
(c)
Subject to the approval of the Council of Juvenile Court Judges, the presiding judge of the council shall appoint a chief administrative and executive officer for the council who shall have the title of director of the Council of Juvenile Court Judges. Under the general supervision of the presiding judge of the council and within the policies established by the council, the director shall:
(1)
Provide consultation to the courts regarding the administration of court services and the recruitment and training of personnel;
(2)
Make recommendations to the council for improvement in court services;
(3)
With the approval of the presiding judge, appoint consultants and necessary clerical personnel to perform the duties assigned to the council and the director;
(4)
Collect necessary statistics and prepare an annual report of the work of the courts;
(5)
Promulgate in cooperation with DJJ standard procedures for coordinating DJJ, the Department of Community Supervision, and county juvenile probation services throughout this state; and
(6)
Perform such other duties as the presiding judge of the council shall specify.
Amended by 2015 Ga. Laws 73,§ 5-9, eff. 7/1/2015.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-59 - Educational seminars

(a)
The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to such seminars by court rules properly adopted.
(b)
Seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system.
(c)
Expenses of administration of seminar programs and actual expenses incurred by the judges or associate juvenile court judges in attending such seminars shall be paid from state funds appropriated for the council for such purpose, from federal funds available to the council for such purpose, or from other sources. Judges and associate juvenile court judges shall receive the same expense and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees.
(d)
Each judge and associate juvenile court judge exercising juvenile jurisdiction shall receive training appropriate to the role and participate in at least 12 hours of continuing legal education or continuing judicial education established or approved by the council each year and meet such rules as established by the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction unless the council certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointment; provided, however, that the council may in hardship cases extend deadlines for compliance with this Code section.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-60 - Associate juvenile court judges; qualifications

(a)
A judge may appoint one or more persons to serve as associate juvenile court judges in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds.
(b)
Each associate juvenile court judge shall have the same qualifications as required for a judge of the juvenile court as provided in Code Section
15-11-51
; provided, however, that any person serving as an associate juvenile court judge on July 1, 2007, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-61 - Associate juvenile court traffic judges

(a)
The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full-time or part-time basis.
(b)
An associate juvenile court traffic judge shall be a member of the State Bar of Georgia.
(c)
The compensation of associate juvenile court traffic judges shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-62 - Pro tempore juvenile court judges

(a)
In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, any duly appointed juvenile court judge, or any duly appointed associate juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint.
(b)
The person appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such 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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-63 - Clerks and other personnel

(a)
The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this chapter.
(b)
The salary, tenure, compensation, and all other conditions of employment of such employees shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of the employees shall be paid out of county funds.
(c)
Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-65 - Training requirements for juvenile court clerks

(a)
Any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties.
(b)
In each year after the initial appointment, any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk.
(c)
Training pursuant to this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by the institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing authority of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources.
(d)
A judge of the juvenile court shall appoint a clerk pro tempore for that court in order for the regular clerk to attend required training. Such clerk pro tempore shall not be required to meet the training requirements for performing the clerk's duties.
(e)
The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-66 - Appointment and salaries of probation and intake officers

(a)
The judge may appoint one or more probation and intake officers.
(b)
The salaries of the probation and intake officers shall be fixed by the judge with the approval of the governing authority of the county or counties for which he or she is appointed and shall be payable from county funds.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-67 - Duties of probation or community supervision officers

(a)
A county juvenile probation officer or DJJ staff member serving as a juvenile probation officer or community supervision officer, as appropriate:
(1)
Shall make investigations, reports, and recommendations to the court as directed by this chapter;
(2)
Shall supervise and assist a child placed on probation or under the protective supervision or care of such officer by order of the court or other authority of law;
(3)
May, unless otherwise ordered by the court, determine if a child should be placed on unsupervised probation and, if so, place a child on unsupervised probation;
(4)
Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable;
(5)
May take into custody and detain a child who is under the supervision or care of such officer if such officer has reasonable cause to believe that such child's health or safety or that of another is in imminent danger or that such child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this chapter;
(6)
May not conduct accusatory proceedings against a child who is or may be under such officer's care or supervision;
(7)
Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and
(8)
Other laws to the contrary notwithstanding, no such officer shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted.
(b)
Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as probation officers and the Department of Community Supervision shall maintain sole authority over the duties and responsibilities of all of such department's staff serving as community supervision officers.
Amended by 2015 Ga. Laws 73,§ 5-10, 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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-68 - Duties of juvenile court intake officers; training

(a)
A juvenile court intake officer:
(1)
Shall receive and examine complaints and charges of delinquency, of dependency, or that a child is a child in need of services for the purpose of considering the commencement of proceedings under this chapter;
(2)
Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable;
(3)
Shall compile on a regular basis the case files or a report on those cases that were informally adjusted for review by the judge;
(4)
May not conduct accusatory proceedings against a child or draft judicial orders, official charges, or any other document which is required to be drafted by an attorney;
(5)
Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter; and
(6)
Except as provided in Article I, Section II, Paragraph IX(d) of the Constitution, no county juvenile court intake officer, or DJJ staff member serving as a juvenile court intake officer, shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted.
(b)
Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as juvenile court intake officers. No DJJ staff member shall serve as a juvenile court intake officer in a dependency proceeding commenced under Article 3 of this chapter.
(c)
Each juvenile court intake officer exercising the authority to remove a child pursuant to the provisions of Articles 1 and 3 of this chapter shall:
(1)
First successfully complete an initial eight hours of appropriate training; and
(2)
Annually thereafter complete a minimum of two hours of training each year during which he or she serves as a juvenile court intake officer.
Such initial and annual training shall be relevant to the performance of such determinations, including, but not limited to, training concerning contrary to the welfare determinations, reasonable efforts to prevent removal of a child and diligent search requirements consistent with Article 3 of this chapter, reasonable alternatives to foster care, and DFCS policies and procedures related to the removal of a child and placement of such child in foster care.
Amended by 2021 Ga. Laws 138,§ 2, eff. 1/1/2022.
Amended by 2019 Ga. Laws 28,§ 2, eff. 4/18/2019.
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 2 - JUVENILE COURTS (§§ 15-11-50 — 15-11-71) › Section 15-11-69 - Transfer of probation and intake services and employees to Department of Juvenile Justice

(a)
The probation and intake services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and be fully funded through DJJ. The probation and intake officers of juvenile courts of those counties whose probation and intake services are transferred pursuant to this Code section shall become DJJ employees on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other DJJ personnel policies, except that the salaries of such employees shall not be reduced as a result of becoming DJJ employees.
(b)
The probation and intake services of the juvenile court of a county may be transferred to DJJ by a local Act of the General Assembly that approves such transfer.
(c)
Persons who were probation and intake officers of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake officers to and became a part of the state-wide juvenile and intake services system fully funded through DJJ before January 1, 1999, shall be covered employees in the classified service as defined in Code Section
45-20-2
.
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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-100 - Purpose of article

The purpose of this article is:
(1)
To assist and protect children whose physical or mental health and welfare is substantially at risk of harm from abuse, neglect, or exploitation and who may be further threatened by the conduct of others by providing for the resolution of dependency proceedings in juvenile court;
(2)
To ensure that dependency proceedings are conducted expeditiously to avoid delays in permanency plans for children;
(3)
To provide the greatest protection as promptly as possible for children; and
(4)
To ensure that the health, safety, and best interests of a child be the paramount concern in all dependency 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-100.1 - Exemption when governed by Indian Child Welfare Act

A proceeding under this article shall not be subject to this article to the extent that it is governed by the Indian Child Welfare Act, P.L. 95-608, as amended, Chapter 21 of Title 25 of the United States Code. In those circumstances, compliance with such federal law shall be required.
Added by 2019 Ga. Laws 278,§ 2, eff. 5/7/2019.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-101 - Medical and psychological evaluation orders when investigating child abuse and neglect

(a)
If necessary, the investigator of a report of child abuse and neglect may apply to the court for certain medical examinations and evaluations of a child or other children in the household.
(b)
Upon a showing of probable cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of a child or other children in the household by a physician. Such order may be granted ex parte.
(c)
Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a psychological or psychiatric examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional.
(d)
Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a forensic examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional.
(e)
Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a physical, psychological, or psychiatric examination of a child's parent, guardian, or legal custodian.
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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-103 - Right to attorney

(a)
A child, any custodian or guardian subject to a sworn complaint or affidavit, and any other respondent to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article.
(b)
The court shall appoint an attorney for an alleged dependent child and any child receiving extended care youth services from DFCS at all stages of the proceedings under this article. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child.
(c)
A child's attorney owes to his or her client the duties imposed by the law of this state in an attorney-client relationship.
(d)
If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding.
(e)
An attorney appointed to represent a child in a dependency proceeding shall continue the representation in any subsequent appeals unless excused by the court.
(f)
Neither a child nor a representative of a child may waive a child's right to an attorney in a dependency proceeding.
(g)
A party other than a child shall be informed of his or her right to an attorney prior to any hearing. A party other than a child shall be given an opportunity to:
(1)
Obtain and employ an attorney of such party's own choice;
(2)
Obtain a court appointed attorney if the court determines that such party is an indigent person; or
(3)
Waive the right to an attorney, provided that such waiver is made knowingly, voluntarily, and on the record.
Amended by 2023 Ga. Laws 67,§ 3, eff. 7/1/2023.
Amended by 2018 Ga. Laws 474,§ 2, eff. 7/1/2018.
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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-106 - Participation of a CASA

(a)
(1)
Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not be assigned a case prior to being sworn in by a juvenile court judge as set forth in this paragraph.
(2)
If a juvenile court judge determines that a child involved in a dependency proceeding needs a CASA, the judge shall have the authority to appoint a CASA, and in such circumstance shall sign an order appointing a CASA at the earliest possible stage of the proceedings. Such order shall impose on a CASA all the duties, rights, and responsibilities set forth in this Code section and Code Sections
15-11-104
and
15-11-105
.
(b)
The role of a CASA in juvenile court dependency proceedings shall be to advocate for the best interests of the child.
(c)
In addition to the reasons stated in subsection (h) of Code Section
15-11-104
, the court may discharge a CASA upon finding that the CASA has acted in a manner contrary to the mission and purpose of the affiliate court appointed special advocate program.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.