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2018 Georgia Code 15-11-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-34 Case Law from Google Scholar Amendments to OCGA 15-11-34

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 1 GENERAL PROVISIONS

15-11-34. Commitment to adult correctional facility prohibited.

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.

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

Cross references.

- Authority of Department 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of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2401, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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 commitment. 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, §§ 59 et seq., 118.

C.J.S.

- 43 C.J.S., Infants, § 224 et seq.

U.L.A.

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

Cases Citing O.C.G.A. § 15-11-34

Total Results: 4  |  Sort by: Relevance  |  Newest First

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In the Interest of J. P., 480 S.E.2d 8 (Ga. 1997).

Cited 97 times | Published | Supreme Court of Georgia | Jan 21, 1997 | 267 Ga. 492, 97 Fulton County D. Rep. 196

...conditions which amount to deprivation that is the issue." Brown v. Fulton County Dept. of Family & Children Services, 136 Ga.App. 308, 310(2), 220 S.E.2d 790 (1975). 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." Although the determination of where the child will be placed is necessary to such disposition, the proceed...
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Wilkins v. Dep't of Human Resources, 337 S.E.2d 20 (Ga. 1985).

Cited 22 times | Published | Supreme Court of Georgia | Nov 27, 1985 | 255 Ga. 230

...A UCA 579, 590 (1979). See also R. M. S. v. S. L. S., supra, 402 NE2d at 31. [3] As to the findings necessary to terminate parental rights and the possible dispositions of a child pursuant to a termination petition, see OCGA §§ 15-11-51, 15-11-54, 15-11-34.
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In the Interest of A. V. B., 267 Ga. 728 (Ga. 1997).

Cited 20 times | Published | Supreme Court of Georgia | Mar 3, 1997 | 482 S.E.2d 275

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

Published | Supreme Court of Georgia | Mar 3, 1997 | 267 Ga. 728, 97 Fulton County D. Rep. 691

...is a "deprived child." [14] The best interests of A.V.B. must be a primary concern in this matter. The trial court recognized that and did not conclude its inquiry into the matter after dismissing GAO's petition. Instead, the trial court ruled that it was exercising its authority under OCGA § 15-11-34(c) to initiate sua sponte a judicial review of A.V.B.'s current placement plan....