Understanding Georgia’s Juvenile Court Delinquency Proceedings

Navigating the juvenile justice system in Georgia can be difficult and confusing to children, parents and attorneys who are not experienced or familiar with Georgia’s juvenile laws. In Juvenile Court, there are primary three types of cases: dependency actions, delinquency actions and CHINS cases (children in need of services). The goal of the Court in each of the proceedings is to act in the best interest of the child. And, while understanding each proceeding is crucial in determining how to move forward with a case in Juvenile Court, this article will primarily focus on delinquency proceedings in Juvenile Court.

Dependency Actions…

However, briefly, dependency actions are cases involving a child that has been: abused or neglected and is in need of the protection of the court, placed for care or adoption in violation of the law or is without his or her parent, guardian, or legal custodian. O.C.G.A. §15-11-12 (22). A dependency action begins with an allegation of child abuse or neglect reported to the Division of Family and Children Services (DFCS) and a petition must filed with the Court outlining the facts and allegations. In a dependency action, the defendant is usually a parent or legal guardian and the State is represented by a special assistant attorney general known as a SAAG. After a hearing, the Court could order the child removed from the home or the parent/guardian may be ordered to provide the Court with proof that the home is suitable and stable.

CHINS…

Unruly, truancy and runaway cases are categorized as CHINS cases—a child determined to be in need of care, guidance, counseling, treatment, rehabilitation or supervision. A complaint alleging that a child is in need of services may be filed by a parent/guardian, law enforcement, DFCS, a school official and even the child him or herself or anyone who has knowledge of the facts. O.C.G.A. §15-11-2 (11), §15-11-390. After the petition is filed then an adjudicatory hearing will be scheduled, in which, the hearing date depends on whether or not the child is detained. The Court will more than likely order a case plan to be put in place that caters to the child’s needs.

Delinquency Actions…

Under Georgia law, a delinquent child means a child who has committed a delinquent act and is in need of treatment and rehabilitation. O.C.G.A. §15-11-2 (20). In a delinquency action, the child is the defendant in the case—represented by either a public defender, court-appointed attorney or a private attorney. The State is represented by a juvenile prosecutor. The most important thing that parents should know about delinquency proceedings is that when a child is accused of committing a delinquent act, he or she is afforded the same constitutional rights as adults in criminal court.

In the landmark U.S. Supreme Court case In re Gault, 387 U.S. 1 (1967), the Court held that juveniles accused of crimes in delinquency proceedings are guaranteed due process rights such as the right to an attorney, the right to be notified of the charges in a timely manner, the right to confront witnesses and the right against self-incrimination. And, Georgia youth have the right to counsel in all stages of a delinquency proceeding. O.C.G.A. §15-11-475 (a).

The Complaint…

A delinquency action is usually triggered by a complaint filed by law enforcement or a private citizen. The complaint is the initial document setting out the circumstances that resulted in the child being brought before the Court. O.C.G.A. §15-11-2 (14). When law enforcement arrests a child under the age of 17, the officer—with all reasonable speed and without first taking such child elsewhere, shall (O.C.G.A. §15-11-502):

(1) Immediately release such child, without bond, to his or her parent, guardian, or legal custodian upon such person’s promise to bring such child before the court when requested by the court;

(2) Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking such child into custody, the juvenile court intake officer shall determine if such child can be administered a detention assessment and if so, shall conduct such assessment and determine if such child should be released, remain in protective custody, or be brought before the court; or

(3) Bring such child immediately before the juvenile court or promptly contact a juvenile court intake officer. The court or juvenile court intake officer shall determine if such child should be released or detained. All determinations and court orders regarding detention shall comply with the requirements of this article and shall be based on an individual detention assessment of such child and his or her circumstances.

The Detention Hearing…

Under Georgia law, a detention hearing shall be held to determine whether preadjudication custody of an alleged delinquent child is required. If such hearing is not held within the time specified, such child shall be released from detention or foster care.  If an alleged delinquent child is detained and is not released from preadjudication custody, a detention hearing shall be held promptly and not later than two business days after such child is placed in preadjudication custody if such child is taken into custody without an arrest warrant. Or, five business days after such child is placed in preadjudication custody if such child is taken into custody pursuant to an arrest warrant.

Further, at the commencement of the detention hearing, the court shall inform an alleged delinquent child of:

(1) The contents of the complaint or petition;

(2) The nature of the proceedings;

(3) The right to make an application for bail;

(4) The possible consequences or dispositions that may apply to such child’s case following adjudication; and

(5) His or her due process rights. (O.C.G.A. §15-11-506).

Probable Cause Hearing…

If the judge finds that there is probable cause that the child did commit the offense, the Court will then make the decision as to whether or not the child should be detained or released until the case is adjudicated. In determining whether or not the child should be detained, the Court will consider any harm the child poses to the public, the property of others or to secure the child’s presence in court. O.C.G.A. §15-11-503.

The Petition…

Under O.C.G.A. §15-11-521, a petition alleging delinquency shall be filed not later than 72 hours after the detention hearing. If no petition alleging delinquency is filed within the applicable time, such child shall be released from detention and the complaint shall be dismissed without prejudice. If a child is not in detention prior to adjudication, a petition alleging delinquency shall be filed within 30 days of the filing of the complaint alleging violation of a criminal law or within 30 days of such child’s release pursuant to a determination that detention is not warranted. Upon a showing of good cause and notice to all parties, the Court may grant an extension of time for filing a petition alleging delinquency.

The Arraignment…

At the arraignment, the Court shall inform a child of the contents of the petition alleging delinquency, the nature of the proceedings, the possible consequences or dispositions that may apply to the child’s case following adjudication and his or her due process rights. O.C.G.A. §15-11-511.

The Adjudication…

The Court shall fix a time for the adjudication hearing. If an alleged delinquent child is in detention, the hearing shall be held no later than ten days after the filing of the delinquency petition. If a child is not in detention, the hearing shall be held no later than 60 days after the filing of such petition.Adjudication hearings shall be conducted:by the Court without a jury, in a language understandable to the child.

After hearing all of the evidence, the Court shall make and record its findings on whether the delinquent acts ascribed to a child were committed by the child. If the Court finds that the allegations of delinquency have not been established, it shall dismiss the delinquency petition and order the child be released from any detention or legal custody imposed in connection with the proceedings. O.C.G.A. §15-11-582.

The Disposition…

The Court may proceed immediately to the disposition hearing after the adjudication hearing or conduct the disposition hearing within 30 days of the adjudication hearing. The disposition hearing may occur later than 30 days after the adjudication hearing only if the Court makes and files written findings of fact explaining the need for delay.

If the Court finds that the child has committed adelinquent act then the Court shall hear evidence and determine whether:

(1) Such child is in need of treatment, rehabilitation, or supervision;

(2) Such child’s continuation in his or her home is contrary to such child’s welfare; and

(3) Reasonable efforts have been made to prevent or eliminate the need to remove such child from his or her home.

In the absence of evidence to the contrary, evidence sufficient to warrant a finding that felony acts have been committed shall also be sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If the Court finds that a child who committed a delinquent act is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge such child from any detention or other restriction previously ordered. O.C.G.A. §15-11-600.

Contact Bixon Law…

If your child has a delinquency, dependency or CHINS case in Juvenile Court, give us a call. Your child deserves the best representation possible and we’re here to help. As experienced juvenile law attorneys, we can evaluate your child’s case and work to get the best outcome possible. Call us today for help with your child’s case at 404-551-5684 and for a free consultation.