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2018 Georgia Code 15-11-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-38 Case Law from Google Scholar Amendments to OCGA 15-11-38

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-11-38. Community based risk reduction programs.

  1. Any court may order the establishment of a community based risk reduction program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in need of services so long as the court determines that sufficient funds are available for such programs. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program.
  2. As part of a risk reduction program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The court's involvement shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program.
  3. As part of an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county division of family and children services, the county department of health, DJJ, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize the exchange of confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in Code Section 15-11-40.
  4. When any agency or entity participating in a protocol agreement identifies a child who is at risk of becoming a delinquent child, dependent child, or child in need of services, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for such child. Such child or his or her parent, or both, may be present during any review of such child's case by the panel. A child's parent, guardian, or legal custodian shall be notified of the intervention plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, other than the judge, shall work with the other agencies involved to educate a child's parent, guardian, or legal custodian and such child on the importance of following the intervention plan and on the consequences if anyone is referred to the court. If an intervention plan is developed for a child and his or her parent, guardian, or legal custodian consents to such plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to DFCS.

(Code 1981, §15-11-38, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-6/SB 364.)

The 2014 amendment, effective April 28, 2014, substituted "division" for "department" near the beginning of the first sentence of subsection (c).

Law reviews.

- For article, "Georgia's Juvenile Code: New Law for the New Year," see 19 Ga. St. B. J. 13 (Dec. 2013).

RESEARCH REFERENCES

ALR.

- Validity and efficacy of minor's waiver of right to counsel - cases decided since application of Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), 101 A.L.R.5th 351.

Cases Citing O.C.G.A. § 15-11-38

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Wilson v. State, 525 S.E.2d 339 (Ga. 1999).

Cited 73 times | Published | Supreme Court of Georgia | Nov 1, 1999 | 271 Ga. 811, 2000 Fulton County D. Rep. 501

...lity, possession of cocaine, and making a death threat. We disagree. Such records are admissible in the penalty phase of a capital murder case. Smith v. State, supra at (2), 510 S.E.2d 1; Burrell v. State, 258 Ga. 841(7), 376 S.E.2d 184 (1989); OCGA § 15-11-38(b)....
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Smith v. State, 510 S.E.2d 1 (Ga. 1998).

Cited 39 times | Published | Supreme Court of Georgia | Nov 9, 1998 | 270 Ga. 240, 98 Fulton County D. Rep. 3788

...e was outside the scope of the Unified Appeal Procedure ("UAP"). A defendant's juvenile court record is admissible as aggravation evidence in the sentencing phase of a capital trial. Burrell v. State, 258 Ga. 841, 844(7), 376 S.E.2d 184 (1989); OCGA § 15-11-38(b)....
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Waugh v. State, 437 S.E.2d 297 (Ga. 1993).

Cited 28 times | Published | Supreme Court of Georgia | Dec 2, 1993 | 263 Ga. 692

...723, 725 (2) (434 SE2d 547) (1993). 13. Appellant alleges error in that the trial court admitted testimony of the investigating officer relating to [a statement] made by [appellant] during [a juvenile] investigation. The objection is predicated on the proposition that [OCGA § 15-11-38] (b) was violated.......
...stimony regarding the facts learned in the investigation does not disclose the "disposition of a child" nor is it "evidence adduced in a hearing in juvenile court." Hayward v. Ramick, 248 Ga. 841, 843-844 (2) (285 SE2d 697) (1982). Accordingly, OCGA § 15-11-38 (b) was not violated by the admission of the testimony....
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Burrell v. State, 376 S.E.2d 184 (Ga. 1989).

Cited 25 times | Published | Supreme Court of Georgia | Feb 8, 1989 | 258 Ga. 841

...Finally, Burrell contends that the trial court erred in admitting evidence of his juvenile record during the sentencing phase of the trial. [3] This argument must fail as the statute specifically provides that such records may be used in dispositional proceedings after conviction of a felony. See OCGA § 15-11-38 (b)....
...ere not introduced until the sentencing phase. The record also demonstrates that none of the testimonial evidence introduced during the guilt/innocence phase of the trial was "evidence adduced in a hearing in the Juvenile Court" as described in OCGA § 15-11-38 (b).
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Bun v. State, 296 Ga. 549 (Ga. 2015).

Cited 15 times | Published | Supreme Court of Georgia | Feb 16, 2015 | 769 S.E.2d 381

...sentencing phase after conviction of a felony, and in fact, Bun’s juvenile records were admitted at the sentencing hearing for the trial court’s consideration. See OCGA § 15-11- 703. See also Burrell v. State, 258 Ga. 841 (7) (376 SE2d 184) (1989) (recognizing that former OCGA § 15-11-38 (b), now codified at OCGA § 15-11-703, specifically provides that a defendant’s juvenile records may be introduced during the sentencing phase of trial). 8 S14A1703....
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In re T. B., 268 Ga. 149 (Ga. 1997).

Cited 9 times | Published | Supreme Court of Georgia | Jun 30, 1997 | 486 S.E.2d 177

...st, protect, and restore children whose well-being as secure members of society is threatened. OCGA § 15-11-1 (1). In furtherance of that goal, the Legislature created a comprehensive civil forum3 for the treatment and protection of juveniles. OCGA § 15-11-38....

Bun v. State (Ga. 2015).

Published | Supreme Court of Georgia | Feb 16, 2015 | 486 S.E.2d 177

...sentencing phase after conviction of a felony, and in fact, Bun’s juvenile records were admitted at the sentencing hearing for the trial court’s consideration. See OCGA § 15-11- 703. See also Burrell v. State, 258 Ga. 841 (7) (376 SE2d 184) (1989) (recognizing that former OCGA § 15-11-38 (b), now codified at OCGA § 15-11-703, specifically provides that a defendant’s juvenile records may be introduced during the sentencing phase of trial). Roper v....
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In Re Tb, 486 S.E.2d 177 (Ga. 1997).

Published | Supreme Court of Georgia | Jun 30, 1997 | 268 Ga. 149, 97 Fulton County D. Rep. 2342

...The express purpose of the Juvenile Court Code is to assist, protect, and restore children whose well-being as secure members of society is threatened. OCGA § 15-11-1(1). In furtherance of that goal, the Legislature created a comprehensive civil forum [3] for the treatment and protection of juveniles. OCGA § 15-11-38....