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2018 Georgia Code 15-11-471 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-471 Case Law from Google Scholar Amendments to OCGA 15-11-471

TITLE 15 COURTS

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

ARTICLE 6 DELINQUENCY

15-11-471. Definitions.

As used in this article, the term:

  1. "AIDS transmitting crime" shall have the same meaning as set forth in Code Section 31-22-9.1.
  2. "Behavioral health evaluation" means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to have committed or adjudicated of a delinquent act so as to provide the juvenile court with information and recommendations relevant to the behavioral health status and mental health treatment needs of such child.
  3. "Community rehabilitation center" means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of delinquent children and children in need of services in a neighborhood and family environment in cooperation with community educational, medical, and social agencies. Such center shall:
    1. Be located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and
    2. Be operated by a nonprofit corporation organized under Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," and have a full-time chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chief judge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of juvenile justice; such approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws.
  4. "Determined to be infected with HIV" means having a confirmed positive human immunodeficiency virus (HIV) test or having been clinically diagnosed as having AIDS.
  5. "Graduated sanctions" means:
    1. Verbal and written warnings;
    2. Increased restrictions and reporting requirements;
    3. Community service;
    4. Referral to treatment and counseling programs in the community;
    5. Weekend programming;
    6. Electronic monitoring, as such term is defined in Code Section 42-3-111;
    7. Curfew;
    8. An intensive supervision program; or
    9. A home confinement program.
  6. "Hearing officer" means a DJJ employee or county juvenile probation office employee, as applicable, who has been selected and appointed by DJJ or the county juvenile probation office, as applicable, to hear cases alleging violations of probation for administrative sanctioning. A hearing officer shall not be a probation officer who has direct supervision over the child who is the subject of the hearing.
  7. "HIV test" means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, and such test has been approved for such purposes by the regulations of the Department of Community Health.
  8. "Intensive supervision" means the monitoring of a child's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the commissioner of juvenile justice.
  9. "Low risk" means the lowest risk to recidivate as calculated by a risk assessment.
  10. "Moderate risk or high risk" means a calculation by a risk assessment that is not low risk.
  11. "Probation management program" means a special condition of probation that includes graduated sanctions.
  12. "Secure probation sanctions program" means confinement in a secure residential facility or nonsecure residential facility for seven, 14, or 30 days.

(Code 1981, §15-11-471, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 422, § 5-11/HB 310.)

The 2015 amendment, effective July 1, 2015, substituted "Code Section 42-3-111" for "Code Section 42-8-151" in subparagraph (5)(F). See editor's note for applicability.

Cross references.

- Testing for sexually transmitted diseases required, § 16-6-13.1.

AIDS transmitting crimes, § 17-10-15.

Sex education and AIDS prevention, § 20-2-143.

Confidential nature of AIDS information, § 24-12-20.

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-401, former Code Section 15-11-2, pre-2000 Code Section 15-11-37, and pre-2014 Code Section 15-11-63, which were subsequently repealed but were 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.

Sufficient evidence was present to find child truant and unruly, as well as in need of supervision, since the evidence showed a large number of unexcused absences and the mother never applied for the services of a homebound teacher for the child as required by the school. In re A.D.F., 176 Ga. App. 5, 335 S.E.2d 144 (1985) (decided under former O.C.G.A. § 15-11-2).

Determination of in need of supervision.

- Since the corroboration rule, which requires independent corroborative evidence to support testimony of accomplice, does not apply to misdemeanors, a juvenile proceeding was reconsidered, as an erroneous finding about the juvenile's alleged crime may have affected the court's finding concerning whether the juvenile was in need of correction and supervision. J.B.L. v. State, 144 Ga. App. 223, 241 S.E.2d 40 (1977) (decided under former Code 1933, § 24A-401).

Evidence from forensic pediatrician and clinical psychologist.

- There was no merit to a father's argument that the trial court erred in admitting certain evidence in finding that three children were deprived and in authorizing the grant of a motion for nonreunification with the father. Although the father claimed that certain documents contained hearsay, it was presumed that the trial court in a nonjury trial would select only legal evidence; the father had not shown that the opinions of a forensic pediatrician and a clinical psychologist who were qualified as experts should have been excluded; the father had not made any argument as to how he was prejudiced by evidence apparently introduced against the mother; and an indictment for one child's injuries was properly admitted as the father's custody status was an issue in the case. In the Interest of A.R., 295 Ga. App. 22, 670 S.E.2d 858 (2008) (decided under former O.C.G.A. § 15-11-2).

Psychological testimony on developmental delay.

- Evidence was sufficient to show that three children were deprived and to authorize the grant of a motion for nonreunification with their father. There was evidence that one child was seriously and intentionally injured while in either the sole or joint care of the father; the psychologist who evaluated the children, as well as their foster parent, testified as to numerous ways the children were developmentally delayed when initially taken into protective custody; and the father cited no evidence that he had made any attempt to maintain a parental bond with any of his children, met any of the other goals of the reunification plans, or otherwise provided for the needs of his children. In the Interest of A.R., 295 Ga. App. 22, 670 S.E.2d 858 (2008) (decided under former O.C.G.A. § 15-11-2).

Jurisdiction.

- Under former O.C.G.A. §§ 15-11-2(2)(B) and15-11-28(a)(1)(F) (see now O.C.G.A. §§ 15-11-2,15-11-381, and15-11-471), a juvenile court lacked jurisdiction over the defendant, who was over 17 when a probation violation occurred; thus, the defendant's commitment under former O.C.G.A. § 15-11-63 (see now O.C.G.A. §§ 15-11-2,15-11-471, and15-11-602) was void. The state had not filed a petition for probation revocation, but only for a violation of probation. In the Interest of T.F., 314 Ga. App. 606, 724 S.E.2d 892 (2012) (decided under former O.C.G.A. § 15-11-63).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 7, 56 et seq.

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