JUVENILE COURT PRACTICE & PROCEDURE OUTLINE:
DELINQUENCY MATTERS (continued)

IV. VENUE

A. Adjudicatory Hearing (O.C.G.A. § 15-11-29)

1. in the county in which the conduct occurred, or
2. in the county of the child's residence

B. Dispositional Hearing (O.C.G.A. § 1. 5-11-30 )

1. in the county in which the conduct occurred, or
2. in the county of the child's residence

 

V. PROCEDURE

A. Arrest (O.C.G.A. § 15-11-45)

1. taken into custody

a. child may truthfully respond negatively to questions regarding "arrests"
b. may prevent dissemination of "arrest records"

2. reasonable grounds

a. child is delinquent, or
b. child is unruly
c. runaway
d. escapee
e. curfew violation
f.  probation violation

B. Informal Detention (O.C.G.A. § 15-11-46 and 46.1)

1. made by intake officer

2. presumption favors release

3. four factors (15-11-46)

a. protect person or property of others
b. protect person or property of child
c. prevent child from leaving or being taken from court's jurisdiction
d. child has no parent or guardian

4. 15-11-46.1

a. public policy is against restraints on freedom of children prior to adjudication

b. shall be imposed only when

i. probable cause, and
ii. clear and convincing evidence that detention is necessary

c. purposes of preadjudicatory detention

i. protecting "jurisdiction and process of the court"
ii. reducing likelihood of serious bodily harm to others
iii. protecting child from imminent bodily harm, upon child's request

d. shall not be used for

i. punishment, treatment or rehabilitation
ii. to allow parents to avoid legal responsibilities
iii. to satisfy demands of victim, police or community
iv. in order to have convenient access to child
v. to facilitate further interrogation or investigation

e. if detention is necessary, then

i. respect for privacy, dignity and individuality of child and family
ii. protect physical and psychological health of child
iii. tolerance of diversity
iv. equal treatment of all by race, class, ethnicity and gender
v. avoidance of regimentation and depersonalization
vi. avoidance of stigmatization
vii. assurance that child is aware of right to counsel

B. Detention Hearing (O.C.G.A. § 15-11-49)

1. with arrest warrant: within 72 hours

2. without arrest warrant: within 48 hours

3. child and parent/guardian entitled to notice

4. is detention justified under 15-11-46

5. also determines probable cause: reasonable grounds to believe the complaint is true: URJC 8.1

6. child is entitled to counsel: T.K. v. State , 126 Ga. App. 269 (1972)

7. hearsay is allowed: URJC 8.1

D. Petition

1. if child detained: filed within 72 hours of decision (15-11-49(b))

2. if child released: filed within 30 days of decision (15-11-49(e))

3. can be made by anyone with knowledge of facts or information and belief that alleged facts are true

4. court must determine that petition is in best interests of public and child (15-11-37)

5. must contain

a. facts
b. name, age and address of child
c. names and addresses of parents/guardians
d. place and date of detention, if applicable

6. must satisfy due process

a. specify alleged code violation
b. on notice of lesser included offenses
c. must allege sufficient facts to allow for preparation of a defense
d. does not have to inform that offense is a designated felony

E. Arraignment (URJC 10.1)

1. optional

2. formal hearing

a. child advised of his/her rights
b. admit or deny allegations in the Petition

3. may be held in conjunction with adjudicatory hearing

4. judge has the option to accept or reject an admission

5. mass arraignments are okay ( In the Interest of Q.J.A., 255 Ga. App. 564 (2002)) 

F. Adjudicatory Hearings (O.C.G.A. § 15-11-41)

1. "trial" on the merits

2. shall be recorded

a. may be waived
b. if not recorded and not waived, reversible error ( In re R. L. M. , 171 Ga. App. 940 (1984))
c. caution : there are several caselaw exceptions to b.

3. if child has been detained: must be held within 10 days

4. if child has been released: must be held within 60 days

5. continuances are allowed

6. the child's parent can never be excluded, even if he/she is testifying

7. state has the burden of proof

a. beyond a reasonable doubt
b. must prove every element of offense ( In re Winship , 397 U.S. 358 (1970), In re R.B.W., 269 Ga. 452 (1998))

8. the child is entitled to all due process rights except jury trial ( In re Gault , 387 U.S. 1 (1967), Kent v. U.S., 383 U.S. 541 (1966)

9. (15-11-78) hearings are closed, except

a. designated felony
b. prior adjudication, unless sex abuse or deprivation issues
c. any disposition hearing, at judge's discretion

10. double jeopardy principles attach ( Breed v. Jones , 421 U.S. 519 (1975), In the Interest of J.C. , 257 Ga. App. 657 (2002) (footnote 1.)

11. adjudicatory order is interlocutory

a. not directly appealable
b. must have certificate of immediate review for appeal

G. Dispositional Hearing (O.C.G.A. § 15-11-65)

1. separate dispositional hearing

2. mandatory ( D.C.A. v. State , 135 Ga. App. 234 (1975)

3. is child in need of treatment, rehabilitation or supervision

4. if child is detained

a. must be held within 30 days of adjudicatory
b. may be continued, with written findings of fact as to why

5. court can look at all helpful information

6. right to examine and cross examine witnesses

7. right to present evidence

8. standard is "clear and convincing evidence"

9. right to review reports, upon request

10. if child does not need further services of the court

a. no finding of delinquency
b. petition must be dismissed

11. adjudication and disposition are not "convictions" (15-11-72)

H. Dispositional Alternatives (O.C.G.A. § 15-11-66)

1. all options available for deprived child (15-11-55)

2. probation

3. residential placement

4. commitment to Department of Juvenile Justice

5. restitution (must have evidence of damages on record)

6. community service

7. fine

I. Dispositional Orders (O.C.G.A. § 15-11-70)

1. if committed to DJJ

a. in force for two years, unless

i. DJJ moves for extension
ii. notice and hearing to child and parent/guardian
iii. necessary for treatment and rehabilitation

b. DJJ can discharge child sooner than two years with no court action

2. any other disposition

a. not more than two years
b. can be extended

i. hearing prior to expiration on motion of a party or court
ii. notice and opportunity to be heard
iii. court finds extension necessary to accomplish purpose of original order
iv. does not exceed two years from prior order's expiration

c. court may terminate any order or extension early

i. no application necessary
ii. court finds that purpose(s) of order have been accomplished

3. when child turns 21 all orders terminate

J. Sealing Records (O.C.G.A. 15-11-79.2)

1. if complaint is dismissed or adjusted court shall order records sealed

2. if adjudicated delinquent or unruly

a. by application or court's own motion
b. hearing
c. court shall order sealing if

i. two years since final discharge of child
ii. no conviction for felony or misdemeanor of moral turpitude
iii. no subsequent adjudications
iv. no pending criminal or delinquency proceedings
v. child has been rehabilitated

3. notice of the hearing must be given to

a. district attorney
b. authority which granted the final discharge
c. custodian of files and records, if records are included in motion

4. once order is entered the proceeding shall be treated as if it never occurred

5. does not apply to O.C.G.A. §15-11-78 (a) and (b)

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