JUVENILE COURT PRACTICE & PROCEDURE OUTLINE: DELINQUENCY MATTERS

The outline below is not intended as a detailed analysis of practice and procedure in Georgia Juvenile Courts, but is designed to provide a general overview of the law regarding delinquency and unruly matters and to offer guidance in understanding the process. Note that this outline references the new code section numbers effective July 1,2000 with the old numbers in parentheses.

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I. THE PURPOSE OF JUVENILE COURT

A. History

1. beginnings of Juvenile Court

a. in the 18th century a child over 7 years old could be tried and punished in the same manner as adults
b. Chicago , Illinois established the country's first juvenile court, in 1899

1. doctrine of parens patria
2. state has power and responsibility to protect children

c. focus was always on child's welfare
d. goal of rehabilitation

2. Georgia's Juvenile Court System

a. rudimentary juvenile courts established in 1908 and 1918
b. first Georgia juvenile code was enacted in 1951 (O.C.G.A. §15-11-1 et. seq. )

B. Goals of Juvenile Court (O.C.G.A. § 15-11-1)

1. that children whose well-being is threatened shall be assisted and protected and restored, if possible, as secure law-abiding members of society

2. that each child coming within the jurisdiction of the court shall receive, preferably in his own home, the care, guidance, and control that will be conducive to his welfare and the best interests of the state; and

3. that when a child is removed from the control of his parents the court shall secure for him care as nearly as possible equivalent to that which his parents should have given him

 

II. DEFINITIONS (O.C.G. A. § 15-11- 2)

A. Child (15-11-2(2))

1. a person under the age of 17

2. a person under the age of 21, who

a. committed a delinquent act before aged 17, and
b. is under juvenile court supervision

3. a person who is under the age of 18, if the charge is a status offense

B. Delinquent Act (15-11-2(6))

1. act which is a crime as defined by the laws of this state or another state if the crime occurred there

2. disobeying the terms of probation or the court's supervision

3. failing to appear as required by a citation issued for violation of O.C.G.A. ' 3-3-23 (underage possession of alcohol)

C.  Delinquent Child (15-11-2(7))

1. a child who has committed a delinquent act, and

2. is in need of treatment or rehabilitation

3. must have both 1 and 2

D. Status Offender (15-11-2(11))

1. offense would not be a crime if committed by an adult, such as truancy, runaway, unruly

2. term applies to child who is either accused or adjudicated

E. Unruly Child (15-11-2(12))

1. habitually and without justification truant

2. habitually disobedient to the reasonable and lawful commands of parent, guardian, or custodian and is ungovernable

3. has committed an offense applicable only to a child

4. without just cause and without consent leaves home

5. wanders or loiters about the streets or in any public place between the hours of midnight and 5 a.m.

6. disobeys the terms of supervision in the court = s order after having been found unruly

7. goes to bars without parents or guardian and/or possesses alcohol

8. is any of the above, is in need of supervision, treatment, or rehabilitation; or

9. has committed a delinquent act and is in need of supervision, but not of treatment or rehabilitation

 

III. JURISDICTION OF JUVENILE COURT (OCGA § 15-11-28)

A. Exclusive Original Jurisdiction of Juvenile Court (15-11-28(a))

1. delinquency cases involving children

2. unruly cases involving children

3. children who are alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child

4. traffic offenses involving children under 17

5. actions involving children who are on probation or under the supervision of the court

B. Concurrent Jurisdiction of Juvenile Court (15-11-28(b)(1))

1. with Superior Court

2. delinquent acts which would be a crime if tried in Superior Court and for which the child may be punished by death, life imprisonment without possibility of parole, or life

C. Exclusive Jurisdiction of the Superior Court (15-11-28(b)(2)(A))

1. child aged 13-17

2. alleged to have committed

a. murder
b. voluntary manslaughter
c. rape
d. aggravated sodomy
e. aggravated child molestation
f. aggravated sexual battery
g. armed robbery with a firearm

D. Transfers

1. From Juvenile To Superior (O.C.G.A. § 15-11-30.2)

a. after petition has been filed
b. before hearing on the merits
c. hearing must be held
d. entitled to 3 days notice
e. burden of proof on state
f. entitled to due process and fair treatment Kent v. U.S., 383 US 541 (1966), R.S. v. State , 156 Ga. App. 460 (1980)
g. court may transfer to Superior court if it finds reasonable grounds that

i. child committed offense, and
ii. child is not committable to mentally retarded/ ill institution, and
iii. interests of child and community require transfer

h. Child must be

i. at least 15, or
ii. 13-14 who have committed

. (1). offense punishable by life, or
. (2). aggravated battery

i. court shall transfer if it finds reasonable grounds that

i. murder, or
ii. voluntary manslaughter, or
iii. aggravated assault, or
iv. aggravated battery, and
v. in a YDC, and
vi. child at least 14

j. entitled to access to all records and files court will consider

k. order must include findings of fact and conclusions of law

l. order is final and can be appealed

m. child's statements at hearing are not admissible in criminal proceeding if proper objection made

2. From Superior To Juvenile (15-11-28 (b))

a. Post-indictment (15-11-28 (b)(2)(B))

i. by Superior Court
ii. after investigation, and
iii. for extraordinary cause, but only
iv. if not punishable by possible life sentence

. (a). voluntary manslaughter
. (b). aggravated sexual battery
. (c). first offense of aggravated child molestation

b. Pre-indictment (15-11-28 (b)(2)(C))

i. by District Attorney
ii. after investigation, and
iii. for extraordinary cause

c. transferred case will be subject to the provisions of the designated felony act

d. transfer constitutes notice that the case is subject to designated felony treatment

e. if convicted of lesser included case may be transferred to juvenile court for disposition (15-11-28 b)(2)(D))

 

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