reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 12 - REMITTANCE OF INTEREST FROM FUNDS (§ 15-10-240) › Section 15-10-240 - Remittance of interest from funds

When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section
15-6-76.1
for distribution to the Georgia Public Defender Council.
Amended by 2015 Ga. Laws 74,§ 8-5, eff. 7/1/2015.
Amended by 2008 Ga. Laws 729,§ 8, eff. 7/1/2008.
Amended by 2003 Ga. Laws 32, § 5, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 13 - TRIALS OF CERTAIN MISDEMEANORS (§§ 15-10-260 — 15-10-263) › Section 15-10-260 - Jurisdiction; penalties

(a)
This article governs trials of misdemeanor violations of Code Sections
16-13-30
,
16-13-2
,
16-8-14
,
16-8-14.1
,
3-3-23
, and
16-7-21
.
(b)
Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Code section; provided, however, that the violation must have occurred in the unincorporated area of the county.
(c)
A person convicted of violation of a misdemeanor specified in subsection (a) of this Code section shall be punished as provided in paragraphs (1) through (4) of this subsection as follows:
(1)
For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section
16-13-2
;
(2)
For misdemeanor theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code Section
16-8-14
;
(3)
For misdemeanor refund fraud, as provided in paragraph (1) of subsection (b) of Code Section
16-8-14.1
;
(4)
For furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, as provided in Code Section
3-3-23.1
; and
(5)
For criminal trespass, as provided in subsection (d) of Code Section
16-7-21
.
(d)
The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction of any other courts having jurisdiction to try and dispose of such cases.
Amended by 2014 Ga. Laws 566,§ 2-1, eff. 7/1/2014.
Amended by 2012 Ga. Laws 709,§ VIII-8-2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 13 - TRIALS OF CERTAIN MISDEMEANORS (§§ 15-10-260 — 15-10-263) › Section 15-10-261 - Waiver of jury trial

There shall be no jury trials in the magistrate court. A magistrate court shall not have the power to dispose of the misdemeanor offenses enumerated in subsection (a) of Code Section
15-10-260
unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 13 - TRIALS OF CERTAIN MISDEMEANORS (§§ 15-10-260 — 15-10-263) › Section 15-10-262 - Prosecutorial procedure

(a)
Prosecution for misdemeanor violations authorized in this article may proceed by citation, summons, arrest, citation and arrest, or by arrest warrant as provided in Chapter 4 of Title 17, or by an accusation as provided in Code Section
17-7-71
.
(b)
The solicitor-general of counties having solicitors-general, or the county attorney or another attorney designated by the county governing authority, may act as the prosecuting attorney of the magistrate court in proceedings under this article.
Amended by 2012 Ga. Laws 684,§ 15, eff. 5/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 13 - TRIALS OF CERTAIN MISDEMEANORS (§§ 15-10-260 — 15-10-263) › Section 15-10-263 - No contest cash bonds; other bonds

(a)
The chief magistrate of each county may by written order establish a schedule of no contest cash bonds which the accused may post when arrested or accused by warrant or citation pursuant to this article. The schedule of no contest cash bond amounts shall be sufficient to cover court costs and minimum fines as set forth in the Code section applicable to the alleged offense. At the time of posting a no contest cash bond, the receipt shall contain the following language: "IF YOU GIVE A NO CONTEST CASH BOND AND FAIL TO APPEAR FOR TRIAL, THIS BOND MAY BE FORFEITED AND, IF SO FORFEITED, SHALL CONSTITUTE A MISDEMEANOR GUILTY PLEA AND A WAIVER OF CERTAIN CONSTITUTIONAL RIGHTS," which shall be acknowledged by the person arrested.
(b)
A person arrested or accused by warrant or citation pursuant to this article who does not wish to post a no contest cash bond may post a property bond or standard appearance bond to assure his or her future appearance in court.
(c)
If a person who gives a no contest cash bond fails subsequently to appear for trial, such failure shall constitute a guilty plea and the no contest cash bond shall be forfeited, unless the court proceeds under the provisions of subsection (d) of this Code section. It shall not be necessary for the state to take any further action to forfeit the no contest cash bond. Forfeiture of a no contest cash bond shall be considered to constitute imposition and payment of a fine and, if so considered, shall be a bar to a subsequent prosecution of the accused for the violation.
(d)
If the judge determines at the time of the nonappearance at trial of the defendant in his or her sole discretion that substantial justice will not be accomplished by the forfeiture of the no contest cash bond amount and the disposition of the charges with prejudice, the posting of the no contest cash bond shall not be considered a plea of guilty nor constitute a bar to a subsequent prosecution of the defendant for the violation, and any moneys posted under the no contest cash bond shall be held in the court's registry pending subsequent prosecution, and the defendant shall be served with a citation for a reasonable future appearance date, and, in default of the defendant's appearance, the court shall issue a bench warrant for the defendant's arrest.
(e)
Upon a conviction under a subsequent prosecution, the proceeds of any no contest cash bond shall be applied and distributed toward the fine and court costs imposed by the court.
(f)
If a defendant posts a property bond or standard appearance bond and thereafter fails to appear at the designated time, a bench warrant shall be issued for such person and the bond shall be forfeited as provided by Code Section
17-6-17
.
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 15-11-1 - Purpose of chapter

The purpose of this chapter is to secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure his or her moral, emotional, mental, and physical welfare as well as the safety of both the child and community. It is the intent of the General Assembly to promote a juvenile justice system that will protect the community, impose accountability for violations of law, provide treatment and rehabilitation, and equip juvenile offenders with the ability to live responsibly and productively. It is the intent of the General Assembly to preserve and strengthen family relationships, countenancing the removal of a child from his or her home only when state intervention is essential to protect such child and enable him or her to live in security and stability. In every proceeding, this chapter seeks to guarantee due process of law, as required by the Constitutions of the United States and the State of Georgia, through which every child and his or her parent and all other interested parties are assured fair hearings at which legal rights are recognized and enforced. Above all, this chapter shall be liberally construed to reflect that the paramount child welfare policy of this state is to determine and ensure the best interests of its children.
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 15-11-3 - Direct calendaring

Through direct calendaring, whenever possible, a single judge shall hear all successive cases or proceedings involving the same child or family.
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 15-11-4 - Other laws apply to chapter

Where procedures are not provided in this chapter, the court shall proceed in accordance with:
(1)
Title 17 in a delinquency proceeding; and
(2)
Chapter 11 of Title 9 in all other matters.
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 15-11-5 - Computations of time

(a)
When a period of time measured in days, weeks, months, years, or other measurements of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weekend, the party having such privilege or duty shall have through the following business day to exercise such privilege or discharge such duty.
(b)
When the last day prescribed for the exercise of any privilege or the discharge of any duty falls on a public and legal holiday as set forth in Code Section
1-4-1
, the party having such privilege or duty shall have through the next business day to exercise such privilege or discharge such duty.
(c)
When the period of time prescribed is less than seven days, intermediate weekends and legal holidays shall be excluded in the computation.
Amended by 2014 Ga. Laws 635,§ 1-2, 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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-6 - Computation of age

(a)
Except as provided in subsection (b) of this Code section, a child attains a specified age the first second past midnight on the day of the anniversary of such child's birth.
(b)
A child born on February 29 attains a specified age on March 1 of any year that is not a leap year.
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 15-11-7 - Court of inquiry

(a)
The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 or more years of age that may be in violation of the laws of this state whenever such person is brought before the court in the course of any proceeding instituted under this chapter. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest.
(b)
When, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make such bail as the court shall deem proper under the circumstances and to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as 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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-8 - Court of record

The juvenile court is a court of record having a seal. The judge and the judge's duly appointed representatives shall each have power to administer oaths and affirmations.
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 15-11-9 - Authority to issue arrest warrants

The juvenile court judge, associate juvenile court judge, and judge pro tempore shall have authority to issue a warrant for the arrest of any child for an offense committed against the laws of this state, based either on personal knowledge or the information of others given under oath.
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 15-11-11 - Concurrent jurisdiction

The juvenile court shall have concurrent jurisdiction to hear:
(1)
Any legitimation petition filed pursuant to Code Section
19-7-22
concerning a child alleged to be dependent;
(2)
Any legitimation petition transferred to the court by proper order of the superior court;
(3)
The issue of custody and support when the issue is transferred by proper order of the superior court; provided, however, that if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial;
(4)
Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court; and
(5)
Any criminal case transferred to the court pursuant to subsection (d) of Code Section
15-11-15
.
Amended by 2016 Ga. Laws 460,§ 1-4, eff. 7/1/2016.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-11.1 - Representation by appointed counsel in legitimation proceedings

A dependent child who is represented by court appointed counsel and who is the subject of a legitimation petition pursuant to Code Section
15-11-11
may be represented by the same appointed counsel in the legitimation matter.
Added by 2023 Ga. Laws 67,§ 1, eff. 7/1/2023.
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 15-11-12 - Dual designation of children; consolidation of proceedings; time limitations

(a)
Nothing in this chapter shall be construed to prevent a child from being adjudicated both a dependent child and a delinquent child or both a dependent child and a child in need of services if there exists a factual basis for such a finding.
(b)
If a child alleged or adjudicated to be a delinquent child or a child in need of services is also alleged or adjudicated to be a dependent child, dependency proceedings may be consolidated with delinquency or child in need of services proceedings to the extent consistent with due process of law as provided in Articles 3, 5, and 6 of this chapter.
(c)
The time frames and requirements of Article 3 of this chapter shall apply to cases in which a child alleged or adjudicated to be a child in need of services or a delinquent child is placed in foster care and has also been alleged or adjudicated to be a dependent child.
Amended by 2015 Ga. Laws 75,§ 1-3, 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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-13 - Appointment of guardian or conservator

The court shall have jurisdiction to appoint a guardian of the person of any child in any proceeding authorized by this chapter. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons of any child by the probate court. In the event a conservator for a child's property needs to be appointed, the court shall refer that matter to the probate court.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-14 - Transfers from probate court

(a)
The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f) of Code Section
29-2-6
or subsection (b) of Code Section
29-2-8
. A child may obtain a court appointed attorney for the hearing to determine whether continuation or termination of the temporary guardianship is in the best interests of the child.
(b)
After notice and hearing, the court may make one of the following orders:
(1)
That the temporary guardianship be established or continued if the court determines that the temporary guardianship is in the best interests of a child. The order shall thereafter be subject to modification only as provided in Code Section
15-11-32
; or
(2)
That the temporary guardianship be terminated if the court determines it is in the best interests of a child. A child shall be returned to his or her parent unless the court determines that there is probable cause to believe that he or she will be abused, neglected, or abandoned in the custody of his or her parent.
(c)
A case shall proceed as a dependency matter pursuant to the provisions of Article 3 of this chapter if, after notice and hearing, the court determines:
(1)
That it is in the best interests of a child that the temporary guardianship not be established or that the temporary guardianship be terminated but there is probable cause to believe that he or she will be abused, neglected, or abandoned if returned to his or her parent; or
(2)
That it is in the best interests of a child that the temporary guardianship be continued over the parent's objection.
(d)
The court may refer to DFCS for further investigation a case transferred from probate court.
Amended by 2023 Ga. Laws 67,§ 2, eff. 7/1/2023.
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 15-11-15 - Transfers from superior court; custody and support

(a)
In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination.
(b)
If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court.
(c)
At any time prior to the determination of any question regarding custody, support, or custody and support, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.
(d)
In handling criminal cases involving an accused who is in jeopardy of having his or her parental rights terminated due to criminal charges, a superior court may transfer a criminal case to a family treatment court division of a juvenile court for treatment and a report back to the superior court so long as the prosecuting attorney and accused agree to such transfer; provided, however, that such juvenile court may transfer such case back to the referring superior court at any time.
Amended by 2016 Ga. Laws 460,§ 1-5, eff. 7/1/2016.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-16 - Commencement of proceedings

(a)
A proceeding under this chapter may be commenced:
(1)
By an order of transfer of a case from another court as provided in Code Section
15-11-11
or
15-11-567
, subsection (f) of Code Section
29-2-6
, or subsection (b) of Code Section
29-2-8
;
(2)
By the summons, notice to appear, or other citation in a proceeding charging a juvenile traffic offense or a violation of the laws, rules, and regulations governing the Department of Natural Resources Game and Fish Division; or
(3)
By the filing of a petition for legitimation under Code Section
15-11-11
, or in other cases by the filing of a complaint or a petition as provided in Articles 3, 4, 5, 6, 7, 8, and 10 of this chapter.
(b)
The petition and all other documents in the proceeding shall be entitled "In the interest of __________________, a child," except upon appeal.
(c)
On appeal, the anonymity of a child, and where appropriate, a victim or witness who is under the age of 18 years, shall be preserved by appropriate use of a child's, victim's, or witness's initials as appropriate.
Amended by 2015 Ga. Laws 75,§ 1-4, eff. 5/5/2015.
Amended by 2014 Ga. Laws 635,§ 1-4, 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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-17 - Conduct of hearings generally; applicability of Title 24

(a)
All hearings under this chapter shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court.
(b)
Except as otherwise provided, all hearings shall be conducted in accordance with Title 24.
(c)
Proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the proceedings.
(d)
A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this chapter in any county within the judicial circuit. When a superior court judge sits as a juvenile court judge, hearings in connection with any proceeding under this chapter may be heard before such judge in any county within the judicial circuit over which the judge presides.
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 15-11-18 - Subpoenas; application of Title 24

Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue subpoenas in accordance with the provisions of Title 24 requiring attendance and testimony of witnesses and production of evidence at any hearing under this chapter. A delinquency proceeding conducted in this state shall be considered a criminal prosecution insofar as the applicability of Article 4 of Chapter 13 of Title 24.
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 15-11-19 - Rights of parties to proceedings

(a)
A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to exclude a child from any part or parts of any proceeding under Article 3 of this chapter if the court determines that it is not in such child's best interests to be present. An attorney for an excluded child shall not be excluded from the proceedings.
(b)
A person afforded rights under this chapter shall be advised of such rights at that person's first appearance before the court.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-20 - Referral for mediation

(a)
At any time during a proceeding under this chapter, the court may refer a case to mediation.
(b)
When referring a case to mediation, the court shall take into consideration the guidelines from the Georgia Commission of Dispute Resolution for mediating cases involving domestic violence or family violence.
(c)
A referral order shall recite that while the parties shall attend a scheduled mediation session and shall attempt to mediate in good faith, such parties shall not be required to reach an agreement.
(d)
Victims in a delinquency case referred to mediation may attend and participate in such mediation, but shall not be required to do so as a condition of such case being heard by the juvenile court.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-21 - Selection and appointment of mediator

(a)
Once an order referring a case to mediation has been signed, the court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases.
(b)
The court shall appoint a qualified mediator within five days of signing the order referring the case to mediation.
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 15-11-22 - Agreement to mediate; procedure

(a)
The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties' intent to resolve such controversies through mediation, and specify the circumstances under which mediation may continue. The agreement to mediate shall specify the confidentiality requirements of mediation and the exceptions to confidentiality in mediation as such are set forth in the Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices.
(b)
A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, the absence of bargaining ability, unconscionability, or lack of court jurisdiction.
(c)
Prior to the parties signing an agreement to mediate, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation.
(d)
The mediator shall at all times be impartial.
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 15-11-23 - Stay of proceeding pending mediation; time limitations

(a)
Upon issuing a referral to mediation the court may stay the proceeding.
(b)
Mediation shall occur as soon as practicable and be scheduled within 30 days of the order referring the matter to mediation unless the time frame is extended by the court.
(c)
The court may extend the timeline for scheduling a mediation for an additional 30 days.
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 15-11-24 - Termination of mediation

(a)
Any party in a mediation may withdraw from or terminate further participation in mediation at any time.
(b)
A mediator shall terminate mediation when:
(1)
The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process;
(2)
The mediator concludes that a party lacks the capacity to perceive and assert his or her own interests to the degree that a fair agreement cannot be reached;
(3)
The mediator concludes that an agreement is unlikely; or
(4)
The mediator concludes that a party is a danger to himself or herself or others.
Amended by 2015 Ga. Laws 75,§ 1-5, 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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-25 - Approval of mediation agreements; exceptions

(a)
All mediation agreements shall be presented to the juvenile court judge for approval.
(b)
The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best interests of the child.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-26 - Best interests of child

Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of such child's age and developmental needs. Such factors shall include:
(1)
The physical safety and welfare of such child, including food, shelter, health, and clothing;
(2)
The love, affection, bonding, and emotional ties existing between such child and each parent or person available to care for such child;
(3)
The love, affection, bonding, and emotional ties existing between such child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;
(4)
Such child's need for permanence, including such child's need for stability and continuity of relationships with his or her parent, siblings, other relatives, and any other person who has provided significant care to such child;
(5)
Such child's sense of attachments, including his or her sense of security and familiarity, and continuity of affection for such child;
(6)
The capacity and disposition of each parent or person available to care for such child to give him or her love, affection, and guidance and to continue the education and rearing of such child;
(7)
The home environment of each parent or person available to care for such child considering the promotion of such child's nurturance and safety rather than superficial or material factors;
(8)
The stability of the family unit and the presence or absence of support systems within the community to benefit such child;
(9)
The mental and physical health of all individuals involved;
(10)
The home, school, and community record and history of such child, as well as any health or educational special needs of such child;
(11)
Such child's community ties, including church, school, and friends;
(12)
Such child's background and ties, including familial, cultural, and religious;
(13)
The least disruptive placement alternative for such child;
(14)
The uniqueness of every family and child;
(15)
The risks attendant to entering and being in substitute care;
(16)
Such child's wishes and long-term goals;
(17)
The preferences of the persons available to care for such child;
(18)
Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in any current, past, or considered home for such child;
(19)
Any recommendation by a court appointed custody evaluator or guardian ad litem; and
(20)
Any other factors considered by the court to be relevant and proper to its 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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-27 - Physical and mental examinations

During the pendency of any proceeding under this chapter, the court may order:
(1)
A child to be examined by outside parties or private providers at a suitable place by a physician or psychologist; provided, however, that orders to perform an evaluation shall not be imposed upon any state agency or county government unless such state agency or county government has funds available for such evaluation; and
(2)
Medical or surgical treatment of a child suffering from a serious physical condition or illness which, in the opinion of a licensed physician, requires prompt treatment, even if the parent, guardian, or legal custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his or her refusal to consent to the treatment.
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 15-11-28 - Privilege against self-incrimination

(a)
No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered screenings, shall be admitted into evidence in any adjudication hearing in which a child is accused under this chapter. Such admission, confession, or incriminating information may be considered by the court at disposition.
(b)
No admission, confession, or incriminating information obtained from a child in the course of any assessment or evaluation, or any treatment that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered detention or risk assessments and evaluations, shall be admitted into evidence against such child, except as rebuttal or impeachment evidence, or used as a basis for such evidence in any future adjudication hearing or criminal proceeding in which such child is accused. Such admission, confession, or incriminating information may be considered by the court at disposition.
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 15-11-29 - Protective orders

(a)
In any proceeding under this chapter, either on application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:
(1)
To stay away from a person's home or a child;
(2)
To permit a parent to visit his or her child at stated periods;
(3)
To abstain from offensive conduct against a child, his or her parent, or any person to whom custody of such child is awarded;
(4)
To give proper attention to the care of his or her home;
(5)
To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which a child is referred by the court;
(6)
To refrain from acts of commission or omission that tend to make a home not a proper place for a child;
(7)
To ensure that a child attends school pursuant to any valid law relating to compulsory attendance;
(8)
To participate with a child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and
(9)
To enter into and complete successfully a substance abuse program approved by the court.
(b)
After notice and opportunity for hearing afforded to a person subject to a protective order, a protective order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby.
(c)
Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of a child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-30 - Rights and duties of legal custodian

A legal custodian has the right to physical custody of a child, the right to determine the nature of the care and treatment of such child, including ordinary medical care, and the right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of such child, subject to the conditions and limitations of the order and to the remaining rights and duties of such child's parent or guardian.
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 15-11-31 - Contempt powers; other sanctions

(a)
In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish an adult for contempt of court by imprisonment for not more than 20 days or a fine not to exceed $1,000.00 for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders.
(b)
The court shall restrict and limit the use of contempt powers with respect to commitment of a child to a secure residential facility or nonsecure residential facility and in no event shall a child solely alleged or adjudicated to be a dependent child be placed in a secure residential facility or nonsecure residential facility.
(c)
A child may be placed in a secure residential facility or nonsecure residential facility for not more than 72 hours if:
(1)
He or she is found in contempt of court; and
(2)
Less restrictive alternatives have been considered and are unavailable or inappropriate or if such child has already been ordered to serve a less restrictive alternative sanction but failed to comply with the sanction.
(d)
In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity to be heard, the court may impose any or all of the following sanctions when a parent, guardian, or legal custodian other than DJJ or DFCS willfully violates any order issued by the court directed to him or her:
(1)
Require a child's parent, guardian, or legal custodian to make restitution as provided in Code Section
17-14-5
;
(2)
Reimburse the state for the costs of detention, treatment, or rehabilitation of a child;
(3)
Require a child's parent, guardian, or legal custodian to participate in a court approved educational or counseling program designed to contribute to the ability to provide proper parental care and supervision of such child, including, but not limited to, parenting classes; or
(4)
Require a child's parent, guardian, or legal custodian to enter into a contract or plan as a part of the disposition of any charges against such child so as to provide for the supervision and control of such child by his or her parent, guardian, or legal custodian and reunification with such child.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-32 - Modification or vacation of orders; retroactive application

(a)
An order of the court shall be set aside if:
(1)
It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;
(2)
The court lacked jurisdiction over a necessary party or the subject matter; or
(3)
Newly discovered evidence so requires.
(b)
An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interests of a child except an order of dismissal following a contested adjudicatory hearing.
(c)
Except as otherwise provided in Code Section
15-11-602
, an order committing a child to DJJ may only be modified after such child has been transferred to DJJ custody upon motion of DJJ.
(d)
An order of adjudication of delinquency by a court may be modified or vacated if the child was adjudicated for a delinquent act for a sexual crime as defined in Code Section
16-3-6
and such crime resulted from the child being:
(1)
Trafficked for sexual servitude in violation of Code Section
16-5-46
; or
(2)
A victim of sexual exploitation as defined in Code Section
49-5-40
.
(e)
Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in a child may petition the court for the relief provided in this Code section. Such petition shall set forth in clear and concise language the grounds upon which the relief is requested.
(f)
After a petition seeking relief under this Code section is filed, the court shall fix a time for hearing and shall cause notice to be served on the parties to the proceeding or those affected by the relief sought. After the hearing, the court shall deny or grant relief as the evidence warrants.
(g)
This Code section is intended to be retroactive and shall apply to any child who is under the jurisdiction of the court at the time of a hearing, regardless of the date of the original delinquency order.
Amended by 2014 Ga. Laws 635,§ 1-5, 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 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-33 - Transfer when disposition incorporates reunification plan and parents reside in different counties

(a)
Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent to whom the reunification plan is directed.
(b)
Within 30 days of the filing of the transfer order, the transferring court shall provide the receiving court with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and any other court documents deemed necessary by the transferring court to enable the receiving court to assume jurisdiction over the matter.
(c)
The transferring court shall retain jurisdiction until the receiving court acknowledges acceptance of the transfer.
(d)
Compliance with this Code section shall terminate jurisdiction in the transferring court and confer jurisdiction in the receiving court.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 1 - GENERAL PROVISIONS (§§ 15-11-1 — 15-11-41) › Section 15-11-34 - Commitment to adult correctional facility prohibited

Except as otherwise provided by Code Section
17-10-14
, a child shall not be committed to an adult correctional facility or other facility used primarily for the execution of sentences of persons convicted of a crime.
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 15-11-35 - Appeals

In all cases of final judgments of the juvenile court, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded or modified except in the discretion of the trial court; rather, the judgment or order of the court shall stand until reversed or modified by the reviewing court. The appeal of an order granting a petition to terminate parental rights shall stay an adoption proceeding related to the child who is the subject of such order until such order becomes final by the conclusion of appellate proceedings or the expiration of the time for seeking such review. Except for proceedings in connection with an adoption, the court shall continue to conduct hearings and issue orders in accordance with this chapter while an appeal in a case is pending.
Amended by 2018 Ga. Laws 474,§ 1, eff. 7/1/2018.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.