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GEORGIA’S NEW 
JUVENILE CODE 
Where is Georgia 
juvenile practice 
heading in 2014? 
Ashley Willcott, CWLS 
Jen Carreras, ...
ROAD MAP 
• Introduction 
• Dependency 
• Termination of Parental Rights 
• Children in Need of Services 
• Delinquency 
•...
CODE STRUCTURE 
• Art. 1: General Provisions (15-11-1 through 41) 
• Art. 2: Juvenile Court Administration(15-11-50 
throu...
CODE STRUCTURE 
• Art. 7: Competency (15-11-650 through 660) 
• Art. 8: Parental Notification (15-11-680 
through 688) 
• ...
ARTICLE 1: GENERAL 
PROVISIONS 
15-11-12 
•Allows for dual adjudication of dependent 
child and delinquent child or depend...
ARTICLE 1: GENERAL 
PROVISIONS 
15-11-28 
No admission, confession, or incriminating 
information obtained from a child du...
DEPENDENCY 
Facts: 
•17 and 6 year old siblings alleged to be abused 
•Religious caring of medical needs 
•Father is a reg...
ORDER OF REMOVAL 
15-11-132. 
•Facts supporting issuance of an order of removal 
may be relayed orally and the order direc...
DEFINITION OF ‘ABUSE’ 
15-11-2 (2): ‘Abuse’ means: 
(A) Any nonaccidental physical injury or physical 
injury which is inc...
PRELIMINARY PROTECTIVE 
HEARING (CHANGE IN LINGO) 
15-11-102. 
•Within 72 hours after a child is placed in foster care 
•C...
RELIGIOUS MEANS FOR 
HEALING 
15-11-107. 
(a) A parent, guardian, or legal custodian’s reliance on 
prayer or other religi...
CHILD AS A PARTY 
15-11-19. 
•Court shall retain the discretion to exclude a child from any part 
or parts of any dependen...
CONTINUANCES 
15-11-110. 
•(b) Continuances shall only be granted only upon a 
showing of good cause and only for that per...
VISITATION 
15-11-112 (b): 
•There shall be a presumption that visitation shall be 
unsupervised unless the court finds th...
ACCESS TO RECORDS (15-11- 
170) 
In all dependency cases, any party shall, upon written 
request to the party having actua...
REASONABLE EFFORTS 
New Code provides facts for court’s consideration of 
“reasonable efforts.” 15-11-202 (f) 
1.Relevant ...
2 NEW NO REASONABLE 
EFFORTS 
(15-11-203 (A) Incorporates new federal requirement to include 2 new 
circumstances in which...
1 MODIFIED NO REASONABLE 
EFFORTS 
(15-11-203 (A)(8) 
Modified the “previous TPR of sibling” exception to the 
requirement...
MEDIATION 
•The Court may refer the case to mediation. 
•See 15-11-20 – 15-11-25 re mediation 
process/requirements.
EVALUATION OF CHILD OR 
PARENT 
•15-11-101: 
•(a) If necessary, the investigator of a report of child 
abuse and neglect m...
JUDICIAL REVIEWS/PERMANENCY 
HEARINGS 
15-11-102(d). 
•Initial periodic review hearing shall be held within 75 
days follo...
JUVENILE COURT 
JURISDICTION AFTER SIBLING 
TURNS 18? ONLY IF: 
•Child has remained in foster care after such child’s 18 t...
ADDITIONAL CHANGES 
15-11-214: Eliminates the expiration of temporary 
custody orders, which will endure until a contrary ...
TERMINATION OF PARENTAL 
RIGHTS 
15-11-261: 
•Preserves the right of a child to inherit from, 
receive child support from,...
TERMINATION OF PARENTAL 
RIGHTS 
15-11-323: 
•Creates a mechanism for the reinstatement of 
parental rights (for a child w...
CASE SCENARIO 
• School social worker petitions court alleging chronic verbal 
abuse of staff, habitual disobedience, trua...
CHILDREN IN NEED OF 
SERVICES (CHINS) Article 5: O.C.G.A. §15-11-380 through 451 
15-11-30 
The purpose of this article is...
CHINS: PURPOSE 
15-11-30 
The purpose of this article is: 
(3) To provide a child with a program of treatment, care, guida...
CHINS: DEFINITION 
ARTICLE 1; 15-11-2 (Definitions) 
(11) Child in Need of Services means: 
(A) A child adjudicated to be ...
CHINS: DEFINITION 
ARTICLE 1; 15-11-2 (Definitions) 
(11) Child in Need of Services means: 
(v) A child who wanders or loi...
CHINS: COMPLAINT 
5-11-390 
Complaint alleging a child is a child in need of 
services may be filed by parent/guardian, DF...
CHINS: COMPLAINT 
15-11-390 
If a school official is filing, must show: 
1)The school has sought to resolve the problem th...
CHINS: APPOINTMENT OF 
ATTORNEY 
15-11-402 
The Court shall appoint an attorney for a child 
alleged to be a CHINS, shall ...
CHINS: EMERGENCY CUSTODY 
15-11-412 
A child alleged to be a CHINS may be held in a 
secure or nonsecure residential facil...
CHINS: EMERGENCY CUSTODY 
15-11-413 
If a child alleged to be a CHINS is being held in a 
secure or nonsecure residential ...
CHINS: CONTINUED CUSTODY 
HEARING 
15-11-414 
Continued custody hearing (CCH): court determines probable 
cause and whethe...
CHINS: PETITION 
15-11-420 
•Petition for CHINS may be made by any 
person who has knowledge of the facts 
alleged or is i...
CHINS: DISPOSITION 
15-11-442 
Disposition options include: 
Custody to parent/guardian with or without conditions 
Probat...
CHINS: DISPOSITION 
ARTICLE 1: 15-11-2 (Definitions) 
(49) ‘Nonsecure residential facility’ means community residential 
l...
DELINQUENCY 
Article 6: O.C.G.A. §15-11-470 through 
630 
15-11-473: Prosecutor 
A prosecuting attorney shall conduct deli...
DELINQUENCY: RIGHT TO 
COUNSEL 
15-11-475 
•Child’s right to counsel at all stages 
•Child can only waive right to attorne...
DELINQUENCY: BEHAVIORAL 
15-11-477 HEALTH EVAL 
•Court may order behavioral health eval any 
time prior to final dispositi...
DELINQUENCY: SELF 
15-11-47IN9 CRIMINATION 
“Voluntary statements made in the course of 
intake screening of a child alleg...
DELINQUENCY: JEOPARDY 
15-11-480 
(a) When a child enters a denial to a petition 
alleging his or her delinquency, jeopard...
DELINQUENCY: DETENTION 
15-11-503(f) 
Before entering an order authorizing detention, 
the court shall determine whether a...
DELINQUENCY: DETENTION 
15-11-504 (Permissible locations of 
detention) 
Child 15 or older alleged to be delinquent may be...
DELINQUENCY: DETENTION 
15-11-505 Detention Assessment 
“If an alleged delinquent child is brought before 
the court or de...
DELINQUENCY: 
ARRAIGNMENT 
15-11-511 Arraignment 
(d) If a child’s liberty is in 
jeopardy, the child cannot admit at 
arr...
DELINQUENCY: PETITION 
15-11-520 
Petition for delinquency shall be filed by 
an attorney. 
15-11-522 
Petition must inclu...
DELINQUENCY: DISCOVERY 
15-11-541 
Access must be available upon filing 
of motion for discovery with the court 
and servi...
DELINQUENCY: TRANSFER 
15-11-563 
“Statements made by a child at a transfer hearing shall not 
admissible against such chi...
DELINQUENCY: 
DISPOSITION 
15-11-590 Predisposition Investigation 
Report 
After a child is adjudicated delinquent, the 
c...
DELINQUENCY: 
DISPOSITION 
15-11-601 
•Requires the court to consider results of child’s risk 
assessment when determining...
DELINQUENCY: 
DISPOSITION 
15-11-601 
•Child can only be placed in DJJ custody or in an 
institution, camp, or other facil...
DELINQUENCY: 
DISPOSITION 
15-11-602 
•Creates greater flexibility for judges as to duration and 
sanctions for designated...
DELINQUENCY: 
DESIGNATED FELONIES 
ARTICLE 1: 15-11-2 (Definitions) 
(12) Class A Designated Felony Act’ definition. Inclu...
DELINQUENCY: 
DESIGNATED FELONIES 
ARTICLE 1: 15-11-2 (Definitions) 
(13) Class B designated felony act definition. Includ...
COMPETENCY 
Article 7: O.C.G.A. §15-11-650 through 
660 
15-11-652 
•Any party, parent/guardian, attorney can request 
com...
COMPETENCY: ORDER AND 
REMEDIATION 
15-11-656 Competency orders and 
remediation 
•Court orders finding incompetence must ...
COMPETENCY: UNRESTORABLE 
INCOMPETENCE 
15-11-658 Unrestorable incompetence 
•If court finds child unrestorably incompeten...
CASE SCENARIO 
• School social worker petitions court alleging chronic verbal 
abuse of staff, habitual disobedience, trua...
OTHER ARTICLES 
ARTICLE 8 (PARENTAL NOTIFICATION) 
ARTICLE 9 (ACCESS TO HEARINGS AND 
RECORDS) 
ARTICLE 10 (EMANCIPATION) ...
IDENTIFIED THEMES 
1. Redirection of agency oversight and 
provision of services 
 Schools are now required to exhaust in...
IDENTIFIED THEMES 
2. Decrease use of secure and nonsecure 
detention facilities 
 Secure/nonsecure detention not availab...
IDENTIFIED THEMES 
3. Children’s due process rights and ensuring 
proper advocacy for kids 
 Encouragement of use of GALs...
IDENTIFIED THEMES 
3. Children’s due process rights and ensuring 
proper advocacy for kids 
 Clarifies that children are ...
THANK YOU!!! 
Ashley Willcott, JD, CWLS 
227 Sandy Springs Place, Suite D-318 
Atlanta, GA 30328 
Phone: (770) 458-7948 
E...
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Georgia's Juvenile Code Revised - An Overview

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Ashley Wilcott and Jen Carreras give an overview of the revisions made to the Georgia Juvenile Code.

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Georgia's Juvenile Code Revised - An Overview

  1. 1. GEORGIA’S NEW JUVENILE CODE Where is Georgia juvenile practice heading in 2014? Ashley Willcott, CWLS Jen Carreras, CWLS
  2. 2. ROAD MAP • Introduction • Dependency • Termination of Parental Rights • Children in Need of Services • Delinquency • Competency Proceedings • Other Articles • Identified Themes
  3. 3. CODE STRUCTURE • Art. 1: General Provisions (15-11-1 through 41) • Art. 2: Juvenile Court Administration(15-11-50 through 69) • Art. 3: Dependency (15-11-100 through 244) • Art. 4: Termination of Parental Rights (15-11- 260 through 323) • Art. 5: Children in Need of Services (15-11-380 through 451) • Art. 6: Delinquency (15-11-470 through 630)
  4. 4. CODE STRUCTURE • Art. 7: Competency (15-11-650 through 660) • Art. 8: Parental Notification (15-11-680 through 688) • Art. 9: Access to Hearings and Records (15-11- 700 through 710) • Art. 10: Emancipation (15-11-720 through 728) • Article 11: Georgia Child Advocate for the Protection of Children (15-11-740 through 747)
  5. 5. ARTICLE 1: GENERAL PROVISIONS 15-11-12 •Allows for dual adjudication of dependent child and delinquent child or dependent child and CHINS •If child is dually adjudicated, proceedings may be consolidated •Dependency timelines apply to dually adjudicated children placed in foster care
  6. 6. ARTICLE 1: GENERAL PROVISIONS 15-11-28 No admission, confession, or incriminating information obtained from a child during any screening, assessment, evaluation, or treatment undertaken in conjunction with proceedings under this chapter shall be admitted into evidence at adjudication when child is accused, except as impeachment or rebuttal.
  7. 7. DEPENDENCY Facts: •17 and 6 year old siblings alleged to be abused •Religious caring of medical needs •Father is a registered sex offender •Shelter care issued placing emergency custody with DHS/DFCS
  8. 8. ORDER OF REMOVAL 15-11-132. •Facts supporting issuance of an order of removal may be relayed orally and the order directing that the child be taken into custody may be issued orally or electronically. •When child is taken into custody under exceptional circumstances, an affidavit or sworn complaint shall be filed the next business day, and a written order shall be issued.
  9. 9. DEFINITION OF ‘ABUSE’ 15-11-2 (2): ‘Abuse’ means: (A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of a child; (B) Emotional abuse; [-30] (C) Sexual abuse or sexual exploitation; [-69;70] (D) Prenatal abuse; [-56] or (E) The commission of an act of family violence as defined in Code Section 19-13-1 in the presence of a child. …
  10. 10. PRELIMINARY PROTECTIVE HEARING (CHANGE IN LINGO) 15-11-102. •Within 72 hours after a child is placed in foster care •Can be followed by a petition for dependency; dependency adjudication hearing; dependency dispositional hearing.
  11. 11. RELIGIOUS MEANS FOR HEALING 15-11-107. (a) A parent, guardian, or legal custodian’s reliance on prayer or other religious nonmedical means for hearing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for considering his or her child to be a dependent child; provided, however, that the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability.
  12. 12. CHILD AS A PARTY 15-11-19. •Court shall retain the discretion to exclude a child from any part or parts of any dependency proceeding IF the court determines that it is not in the child’s best interests to be present. •AN ATTORNEY FOR AN EXCLUDED CHILD SHALL NOT BE EXCLUDED FROM THE PROCEEDINGS •Child has right to an attorney (15-11-103) •Court shall appoint a guardian ad litem . Attorney and GAL can be same person until there is a conflict of interest (15-11-104) •GAL shall advocate for child’s best interests as def. in 15-11-105. Role of GAL very specific and detailed.
  13. 13. CONTINUANCES 15-11-110. •(b) Continuances shall only be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record. •( c) A stipulation between attorneys or the convenience of the parties shall not constitute good cause. … The need for discovery shall not constitute good cause.
  14. 14. VISITATION 15-11-112 (b): •There shall be a presumption that visitation shall be unsupervised unless the court finds that unsupervised visitation is not in the child’s best interests.
  15. 15. ACCESS TO RECORDS (15-11- 170) In all dependency cases, any party shall, upon written request to the party having actual custody, control or possession of the material to be produced, have full access to the following for inspection, copying, or photographing: A request for discovery or reciprocal discovery shall be complied with promptly and not later than 5 days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of such request. If such request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner.
  16. 16. REASONABLE EFFORTS New Code provides facts for court’s consideration of “reasonable efforts.” 15-11-202 (f) 1.Relevant to the safety and protection of such child; 2.Adequate to meet the needs of such child and his or her family; 3.Culturally and linguistically appropriate; 4.Available and accessible; 5.Consistent and timely; and 6.Realistic under the circumstances.
  17. 17. 2 NEW NO REASONABLE EFFORTS (15-11-203 (A) Incorporates new federal requirement to include 2 new circumstances in which reasonable efforts to reunify are not required: 1.When parent has been convicted of rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the alleged dependent child or another child of the parent; 2.When parent is required to register as a sex offender and that preservation of a parent-child relationship is not in the alleged dependent child’s best interests.
  18. 18. 1 MODIFIED NO REASONABLE EFFORTS (15-11-203 (A)(8) Modified the “previous TPR of sibling” exception to the requirement to make reasonable efforts to preserve/reunify a family to require the court to determine that the “circumstances leading to such termination of parental rights to that sibling have not been resolved.”
  19. 19. MEDIATION •The Court may refer the case to mediation. •See 15-11-20 – 15-11-25 re mediation process/requirements.
  20. 20. EVALUATION OF CHILD OR PARENT •15-11-101: •(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. •NOTE: Probable Cause standard in an affidavit executed by the applicant. Such Order may be granted ex parte. •NOTE: Court may also order a physical, psychological, or psychiatric examination of a child’s parent, guardian or legal custodian.
  21. 21. JUDICIAL REVIEWS/PERMANENCY HEARINGS 15-11-102(d). •Initial periodic review hearing shall be held within 75 days following a child’s removal from his or her home. •An additional periodic review shall be held within four (4) months following such initial review. •5-11-102(e). •EXCEPTION APPLIES! •For children under 7 years old, a permenency plan hearing shall be held no later than 9 months after such child is considered to have entered foster care. •Thereafter a Permanency Hearing shall be held every 6 months at aminimum •(Children7 and older, PH no later than 12 months after entered care)
  22. 22. JUVENILE COURT JURISDICTION AFTER SIBLING TURNS 18? ONLY IF: •Child has remained in foster care after such child’s 18 th Birthday; OR •Who is receiving independent living services from DFCS after such child’s 18th Birthday; AND •Such jurisdiction shall be for the purpose of reviewing the status of such child and the services being provided to such child as a result of such child’s independent living plan or status as a child in foster care. •15-11-10 (1)(G)
  23. 23. ADDITIONAL CHANGES 15-11-214: Eliminates the expiration of temporary custody orders, which will endure until a contrary order is made or the purpose of the order is fulfilled. 15-11-230: Eliminates the option for courts to delegate permanency hearings to citizen review panels. 15-11-232: Court shall make very specific findings of fact at permanency plan hearings.
  24. 24. TERMINATION OF PARENTAL RIGHTS 15-11-261: •Preserves the right of a child to inherit from, receive child support from, and pursue any civil action against, parents POST-TPR until adopted. • Preserves a child’s legal relationship with his/her siblings and relatives until the child is adopted. •15-11-311: •Reduces the amount of time a parent has to develop and maintain a bond, to provide support, and to comply with reunification services from 12 months to 6 months
  25. 25. TERMINATION OF PARENTAL RIGHTS 15-11-323: •Creates a mechanism for the reinstatement of parental rights (for a child who has not been adopted after the passage of at least 3 years from the date the court terminated parental rights or the parent voluntarily surrendered parental rights to DFCS AND for whom the court has determined that adoption is no longer the permanent plan). •Code revisions also bar voluntary surrenders to a 3rd party after TPR has been filed; and •Requires TPR hearing transcripts to be produced within 30 days filing of appeal unless just cause for delay
  26. 26. CASE SCENARIO • School social worker petitions court alleging chronic verbal abuse of staff, habitual disobedience, truancy by 16 year old • Child’s parent alleges he was diagnosed last year with dyslexia, ADHD and ODD, that the child has no IEP, and that she cannot control the child’s behavior at home • Child ordered to undergo pre-adjudication psych eval • During psych eval, child admits to regularly getting off the bus at school in the morning and going to a friend’s house down the street to smoke pot • State is seeking to place the child in private nonprofit group home or foster care on disposition • What issues arise under current law? Under new code?
  27. 27. CHILDREN IN NEED OF SERVICES (CHINS) Article 5: O.C.G.A. §15-11-380 through 451 15-11-30 The purpose of this article is: (1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from the irreversibility of certain choices and to protect the integrity of such child’s family; (2) To make family members aware of their contributions to their family’s problems and to encourage family members to accept the responsibility to participate in any program of care ordered by the court;
  28. 28. CHINS: PURPOSE 15-11-30 The purpose of this article is: (3) To provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation that he or she needs to assist him or her in becoming a responsible and productive member of society, and (4) To ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of a family referred to the court.
  29. 29. CHINS: DEFINITION ARTICLE 1; 15-11-2 (Definitions) (11) Child in Need of Services means: (A) A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment or rehabilitation and who is adjudicated to be: (i) Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant, as such term is defined in Code Section 15-11-381, from school; (ii) Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable or placed himself or herself or other in unsafe circumstances; (iii) A runaway, as such term is defined in Code Section 15-11-381; (iv) A child who has committed an offense applicable only to a child;
  30. 30. CHINS: DEFINITION ARTICLE 1; 15-11-2 (Definitions) (11) Child in Need of Services means: (v) A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of 12:00 Midnight and 5:00 a.m.; (vi) A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or (vii) A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his or her parent, guardian, or legal custodian, or who possesses alcoholic beverages; or (B) A child who has committed a delinquent act and is adjudicated to be in need of supervision but not in need of treatment or rehabilitation.
  31. 31. CHINS: COMPLAINT 5-11-390 Complaint alleging a child is a child in need of services may be filed by parent/guardian, DFCS, a school official, a law enforcement officer, a guardian ad litem, or an attorney.
  32. 32. CHINS: COMPLAINT 15-11-390 If a school official is filing, must show: 1)The school has sought to resolve the problem through available educational approaches; 2)The school has sought to engage the parent/guardian but the problem remains 3)If a child is eligible or suspected to be eligible for special education services, that the school has determined whether the child is eligible under IDEA or Section 504, and that the school reviewed the child’s IEP and placement and made appropriate modifications.
  33. 33. CHINS: APPOINTMENT OF ATTORNEY 15-11-402 The Court shall appoint an attorney for a child alleged to be a CHINS, shall appoint a CASA whenever possible, and may appoint a GAL. Attorney may act in dual role as attorney and GAL until and if a conflict arises.
  34. 34. CHINS: EMERGENCY CUSTODY 15-11-412 A child alleged to be a CHINS may be held in a secure or nonsecure residential facility until the continuing custody hearing is held, provided that a detention assessment was administered, the child is alleged to be runaway, habitually disobedient, or previously failed to appear at a hearing, and the child is not held in a secure or nonsecure residential facility for more than 24 hours.
  35. 35. CHINS: EMERGENCY CUSTODY 15-11-413 If a child alleged to be a CHINS is being held in a secure or nonsecure residential facility, a CCH must be held within 72 hours, otherwise the child shall be released. If a child alleged to be a CHINS is not being held in a secure/nonsecure RF and has not been released to custody of parent or guardian (i.e. foster home), CCH must be held within 5 days
  36. 36. CHINS: CONTINUED CUSTODY HEARING 15-11-414 Continued custody hearing (CCH): court determines probable cause and whether continued custody is necessary Following CCH, court may continue the child in secure/nonsecure residential facility for no more than 72 hours to allow for placement transition Court shall make findings in CCH order as to reasonable efforts to prevent removal and whether continuation in the home is contrary to the welfare of the child
  37. 37. CHINS: PETITION 15-11-420 •Petition for CHINS may be made by any person who has knowledge of the facts alleged or is informed and believes that such facts are true. •School is required to plead the same facts as complaint re: internal interventions and special education services
  38. 38. CHINS: DISPOSITION 15-11-442 Disposition options include: Custody to parent/guardian with or without conditions Probation or unsupervised probation Community service, Restitution, Fines Court approved programs Any order authorized for the disposition of dependent child (note no limitation) Any order authorized for the disposition of a delinquent child except that a CHINS shall not be placed in a secure or nonsecure residential facility nor shall such facility accept such child
  39. 39. CHINS: DISPOSITION ARTICLE 1: 15-11-2 (Definitions) (49) ‘Nonsecure residential facility’ means community residential locations operated by or on behalf of DJJ and may include group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting. (67) ‘Secure residential facility’ means a hardware secure residential institution operated by or on behalf of DJJ and shall include a youth development center or regional youth detention center.
  40. 40. DELINQUENCY Article 6: O.C.G.A. §15-11-470 through 630 15-11-473: Prosecutor A prosecuting attorney shall conduct delinquency proceedings on behalf of the state 15-11-474: Parties The alleged delinquent child and the state are parties A parent or guardian of alleged delinquent child shall have the right to notice, the right to be present in the courtroom, and the opportunity to be heard
  41. 41. DELINQUENCY: RIGHT TO COUNSEL 15-11-475 •Child’s right to counsel at all stages •Child can only waive right to attorney if liberty is not in jeopardy. •Parent cannot waive child’s right to attorney. •Upon motion and with permission of the child, the Court shall issue an order granting the child’s attorney access to all dependency, school, medical or mental health records relating to the child.
  42. 42. DELINQUENCY: BEHAVIORAL 15-11-477 HEALTH EVAL •Court may order behavioral health eval any time prior to final disposition order. May be conducted by DBHDD or private psychologist/psychiatrist. •Court shall order and consider results of behavioral health eval prior to placing a child adjudicated of a DF in restrictive custody unless child had one within the last 6 months.
  43. 43. DELINQUENCY: SELF 15-11-47IN9 CRIMINATION “Voluntary statements made in the course of intake screening of a child alleged to be or adjudicated as a delinquent child or in the course of his or her treatment, any evaluation, or other related services shall be inadmissible in any adjudication hearing in which such child is the accused and shall not be considered by the court except such statement shall be admissible as rebuttal or impeachment evidence.”
  44. 44. DELINQUENCY: JEOPARDY 15-11-480 (a) When a child enters a denial to a petition alleging his or her delinquency, jeopardy attaches when the first witness is sworn at the adjudication hearing. (b) When a child enters an admission to a petition alleging his or her delinquency, jeopardy attaches when the court accepts the admission.
  45. 45. DELINQUENCY: DETENTION 15-11-503(f) Before entering an order authorizing detention, the court shall determine whether a child’s continuation in his or her home is contrary to his or her welfare and whether there are available services that would prevent or eliminate the need for detention…
  46. 46. DELINQUENCY: DETENTION 15-11-504 (Permissible locations of detention) Child 15 or older alleged to be delinquent may be held in adult detention facility for up to 6 hours, or up to 24 hours if the closest secure residential facility is more than 70 miles from the adult detention facility, only if certain conditions are met, including that the child is awaiting a detention hearing that is scheduled within 24 hours, there is no acceptable alternative, and the jail provides adequate separation between the child and adults.
  47. 47. DELINQUENCY: DETENTION 15-11-505 Detention Assessment “If an alleged delinquent child is brought before the court or delivered to a secure residential facility or nonsecure residential facility designated by the court, the juvenile court intake officer shall immediately administer a detention assessment and determine if such child should be detained and release such child unless is appears that his or her detention is warranted.”
  48. 48. DELINQUENCY: ARRAIGNMENT 15-11-511 Arraignment (d) If a child’s liberty is in jeopardy, the child cannot admit at arraignment unless represented by an attorney.
  49. 49. DELINQUENCY: PETITION 15-11-520 Petition for delinquency shall be filed by an attorney. 15-11-522 Petition must include whether the child is being charged with a class A or class B designated felony act
  50. 50. DELINQUENCY: DISCOVERY 15-11-541 Access must be available upon filing of motion for discovery with the court and service of the motion on the prosecuting attorney (rather than just written request for access to prosecutor)
  51. 51. DELINQUENCY: TRANSFER 15-11-563 “Statements made by a child at a transfer hearing shall not admissible against such child over objection in a criminal proceeding if transfer is ordered except as impeachment or rebuttal evidence.” 15-11-565 (a)Prior to the entry of a judgment ordering a child’s transfer, and during the pendency of any appeal of a transfer order, such child shall be detained only in those places authorized for pre-adjudication detention in 15-11-504 (b)After the entry of a transfer order, a child shall be detained only in those places authorized for the detention of a child in 15-11-34 until the child turns 17
  52. 52. DELINQUENCY: DISPOSITION 15-11-590 Predisposition Investigation Report After a child is adjudicated delinquent, the court may direct the probation officer or other designated person to prepare a predisposition investigation report. Lists required contents of predisposition investigation report
  53. 53. DELINQUENCY: DISPOSITION 15-11-601 •Requires the court to consider results of child’s risk assessment when determining whether to place in restrictive custody •Clarifies that any dispositional alternative available in a dependency case is available in delinquency case except that a child cannot be placed in the temporary custody of DFCS unless that child was also adjudicated to be a dependent child
  54. 54. DELINQUENCY: DISPOSITION 15-11-601 •Child can only be placed in DJJ custody or in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority if adjudicated delinquent: – for an act that would be a felony as an adult or – for an act that would be a misdemeanor as an adult if the child has a prior adjudication for an act that would be a felony as an adult and three prior delinquent adjudications. •Credit for time served in a secure or nonsecure residential facility awaiting placement
  55. 55. DELINQUENCY: DISPOSITION 15-11-602 •Creates greater flexibility for judges as to duration and sanctions for designated felonies •Commitment to DJJ: – Class A = up to 60 months – Class B = up to 36 months – (Current law requires 60 months for all DFs) •Lists specific findings required when determining whether to place a child in restrictive custody
  56. 56. DELINQUENCY: DESIGNATED FELONIES ARTICLE 1: 15-11-2 (Definitions) (12) Class A Designated Felony Act’ definition. Includes: •Aggravated assault or assault with a deadly weapon that resulted in serious injury •Aggravated battery •Armed robbery not involving a firearm •Arson in the first degree •Attempted murder; •Hijacking a motor vehicle •Kidnapping •Participating in criminal gang activity •Trafficking of substances
  57. 57. DELINQUENCY: DESIGNATED FELONIES ARTICLE 1: 15-11-2 (Definitions) (13) Class B designated felony act definition. Includes: •Aggravated assault or assault with a deadly weapon that did not result in serious injury •Arson in the second degree •Attempted kidnapping •Battery if the victim is a teacher or other school personnel •Racketeering •Robbery •Participating in criminal gang activity •Smash and grab burglary
  58. 58. COMPETENCY Article 7: O.C.G.A. §15-11-650 through 660 15-11-652 •Any party, parent/guardian, attorney can request competency eval or court can order sua sponte •Court must order competency evaluation where a child under the age of 13 has committed a serious violent felony as defined in 17-10-6.1 •Court must appoint child attorney prior to competency evaluation
  59. 59. COMPETENCY: ORDER AND REMEDIATION 15-11-656 Competency orders and remediation •Court orders finding incompetence must contain findings as to nature of incompetency and ability for remediation •If court finds incompetent, may dismiss petition •If court finds competency may be remediated: – For CHINS, it shall dismiss petition or order competency remediation services – For delinquency, it may order competency remediation services
  60. 60. COMPETENCY: UNRESTORABLE INCOMPETENCE 15-11-658 Unrestorable incompetence •If court finds child unrestorably incompetent, it shall appoint a plan manager and order that a comprehensive services plan be developed •If DBHDD or psychologist determines during competency remediation services that a child has become unrestorably incompetent, DBHDD or the psychologist shall submit such report to the court; court will have competency hearing and make a new competency determination
  61. 61. CASE SCENARIO • School social worker petitions court alleging chronic verbal abuse of staff, habitual disobedience, truancy by 16 year old • Child’s parent alleges he was diagnosed last year with dyslexia, ADHD and ODD, that the child has no IEP, and that she cannot control the child’s behavior at home • Child ordered to undergo pre-adjudication psych eval • During psych eval, child admits to regularly getting off the bus at school in the morning and going to a friend’s house down the street to smoke pot • State is seeking to place the child in private nonprofit group home or foster care on disposition • What issues arise under current law? Under new code?
  62. 62. OTHER ARTICLES ARTICLE 8 (PARENTAL NOTIFICATION) ARTICLE 9 (ACCESS TO HEARINGS AND RECORDS) ARTICLE 10 (EMANCIPATION) ARTICLE 11 (CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN)
  63. 63. IDENTIFIED THEMES 1. Redirection of agency oversight and provision of services  Schools are now required to exhaust internal services before filing CHINS complaint  Option to place CHINS children in foster care  Encouragement of development of community resources through the lack of availability of detention as disposition for CHINS and heightened conditions for detention of children adjudicated delinquent
  64. 64. IDENTIFIED THEMES 2. Decrease use of secure and nonsecure detention facilities  Secure/nonsecure detention not available for children adjudicated CHINS  Heightened prerequisites and more specific findings required to detain children adjudicated delinquent  Increased flexibility in the duration of detention of children adjudicated delinquent of a designated felony
  65. 65. IDENTIFIED THEMES 3. Children’s due process rights and ensuring proper advocacy for kids  Encouragement of use of GALs in CHINS and delinquency cases and expansion of use of CASAs beyond foster care cases  Definition of specific duties of GALs  Codification of the right to counsel from the first hearing in dependency and CHINS cases  Codification of moment where jeopardy attaches
  66. 66. IDENTIFIED THEMES 3. Children’s due process rights and ensuring proper advocacy for kids  Clarifies that children are parties  Limitation of use of child’s own incriminating statements  Child must be represented by counsel when the child’s liberty is in jeopardy 4. Others?
  67. 67. THANK YOU!!! Ashley Willcott, JD, CWLS 227 Sandy Springs Place, Suite D-318 Atlanta, GA 30328 Phone: (770) 458-7948 Email: scottlaw@bellsouth.net Jenifer L. Carreras, JD, CWLS 599 West Crossville Road, Suite 116 Roswell, Georgia 30075 Phone: (678) 387-1806 Email: jencarreras@yahoo.com

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