O.C.G.A.

O.C.G.A. § 15-11-34 (2019)

Commitment to adult correctional facility prohibited

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.

History

Code 1981, § 15-11-34, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Annotations

Cross references. - Authority of De-

partment of Corrections to establish separate correctional institutions for the care of juvenile offenders, § 42-5-52.

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2401, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor’s notes at the beginning of the chapter. Commitment to Department of Corrections permitted. - Commitment of a juvenile to the Department of Corrections was not violative of the former provisions. A.B.W. v. State, 129 Ga. App. 346, 199 S.E.2d 636 (1973), aff ’d, 231 Ga. 699, 203 S.E.2d 512 (1974) (decided under former Code 1933, § 24A-2401)). Commitment of delinquent to rehabilitation or treatment facilities. - Commitment of a delinquent child under the Juvenile Code to a facility operated under the direction of the juvenile court,

or to another local public authority, or to the Division of Children and Youth (now Division of Youth Services) or to the Department of Corrections is for essentially the purpose of rehabilitation or treatment. A.B.W. v. State, 231 Ga. 699, 203 S.E.2d 512 (1974) (decided under former Code 1933, § 24A-2401)). Transfer delay violated due process and legislative intent. - Forty days commitment to an adult imprisonment facility is not a ‘‘reasonably short time,’’ and such delay in transferring a juvenile to a Department of Human Resources facility violates due process as well as the legislative intent of the former provisions. Long v. Powell, 388 F. Supp. 422 (N.D. Ga.), vacated on other grounds, 423 U.S. 808, 96 S. Ct. 18, 46 L. Ed. 2d 28 (1975) (decided under former Code 1933, § 24A-2401). Cited in In the Interest of G. R. B., 330 Ga. App. 693, 769 S.E.2d 119 (2015).

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-2401, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor’s notes at the beginning of the chapter. Effect of commitment to Department of Corrections. - If the court commits a youth to the Department of Corrections, the youth may be confined in one of that department’s facilities because the Juvenile Code’s prohibition against

the incarceration of delinquent and unruly juveniles would not apply. 1975 Op. Att’y Gen. No. 75-98 (decided under former Code 1933, § 24A-2401). Custody properly in Department under provisions of criminal sentence. - Department of Corrections properly has custody of an individual under the provisions of a criminal sentence which was imposed subsequent to an unexpired order of commitment; at the expiration of the criminal sentence alternative arrangements for custody should be made for the remainder of the term of commit-

ment. 1975 Op. Att’y Gen. No. 75-20 (decided under former Code 1933, § 24A-2401). RESEARCH REFERENCES Am. Jur. 2d. - 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 56 et seq., 110 et seq. C.J.S. - 43 C.J.S., Infants, § 224 et seq.

U.L.A. - Uniform Juvenile Court Act (U.L.A.) § 33.

Notes of Decisions

Cited in 42 cases, 1983–2016 · leading case: In Re Rrmr, 312 S.E.2d 832 (Ga. Ct. App. 1983).

Sort: Relevance Newest Treatment

In Re Rrmr, 312 S.E.2d 832 (Ga. Ct. App. 1983). · cites it 7× “See generally OCGA § 15-11-34 (a) (Code Ann. § 24A-2301).”

In the Interest of A. L. L., 440 S.E.2d 517 (Ga. Ct. App. 1994). · cites it 4× “If the child is found to be deprived, the court is authorized to allow the child to remain with his parents, or other custodian, or transfer temporary legal custody to another individual or agency.”

In the Interest of Jnt, a Child, 441 S.E.2d 918 (Ga. Ct. App. 1994). · cites it 8× “However, OCGA § 15-11-34, which addresses the disposition of a deprived child, does not contemplate a transfer of custody from the child’s parent or parents to a joint custody arrangement between unrelated third parties.”

In the Interest of J. P., 480 S.E.2d 8 (Ga. 1997). · cites it 2× “If the child is found to be deprived, the juvenile court is authorized under OCGA § 15-11-34 (a) to impose alternative orders of disposition “best suited to the protection and physical, mental and moral welfare of the child.”

In Re Mma, 305 S.E.2d 139 (Ga. Ct. App. 1983). · cites it 4× “Custody may also be lost if the child is found to be destitute or suffering, if he is being reared under immoral influences, or if he is found to be deprived and likely to be harmed thereby.”

In the Interest of G. R. B., a Child, 769 S.E.2d 119 (Ga. Ct. App. 2015). · cites it 2× “16 Once a juvenile court finds that a child is deprived, the court is authorized “under former OCGA § 15-11-34 (a) to impose alternative orders of disposition best suited to the protection and physical, mental and moral welfare of the child.”

In the Interest of J. P., 470 S.E.2d 706 (Ga. Ct. App. 1996). · cites it 8× “OCGA § 15-11-34 sets out the variety of actions which the court may take to assure the protection and welfare of the child.”

In the Interest of J. S., 502 S.E.2d 788 (Ga. Ct. App. 1998). · cites it 2× “If the court makes this preliminary determination based on clear and convincing evidence, termination of parental rights is authorized if the court likewise finds such action will best serve the child’s interest and needs, “including the need for a secure and stable home.”

In the Interest of A. S, 363 S.E.2d 325 (Ga. Ct. App. 1987). · cites it 4× “In the written order entered on February 4, 1987, the juvenile court found that Smith was emotionally unfit to have custody of the child at that time, and ordered him to undergo psychological counseling with a particular psychologist in Savannah. (The court also ordered therapy…”

In Re R. R. M. R., 169 Ga. App. 373 (Ga. Ct. App. 1983). · cites it 7× “See generally OCGA § 15-11-34 (a) (Code Ann. § 24A-2301).”

In the Interest of A. J. H., 755 S.E.2d 241 (Ga. Ct. App. 2014). · cites it 2× “After making a finding of deprivation, “[a] juvenile court is authorized under [former] OCGA § 15-11-34 (a) to impose alternative orders of disposition ‘best suited to the protection and physical, mental and moral welfare of the child.”

In the Interest of K. B, 372 S.E.2d 476 (Ga. Ct. App. 1988). · cites it 2× “” OCGA § 15-11-34 (a) (1). The statute does not list the “conditions and limitations” which the courts may prescribe.”

Show all 42 citing cases →

— 15-11-34(a) — 1 case

In the Interest of J. P., 470 S.E.2d 706 (Ga. Ct. App. 1996). “OCGA § 15-11-34 sets out the variety of actions which the court may take to assure the protection and welfare of the child.”

— 15-11-34(a)(2) — 1 case

In Re Cac, 522 S.E.2d 236 (Ga. Ct. App. 1999).

— 15-11-34(c) — 2 cases

In Interest of AVB, 474 S.E.2d 114 (Ga. Ct. App. 1996).

In Interest of AVB, 482 S.E.2d 275 (Ga. 1997).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.