O.C.G.A.

O.C.G.A. § 15-11-472 (2019)

Delinquency case time limitations

✓ 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.

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(a) A detention hearing shall be held promptly and no later than: (1) Two business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody without an arrest warrant; or (2) Five business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody pursuant to an arrest warrant. (b) If an alleged delinquent child is placed in preadjudication custody without an arrest warrant and the detention hearing cannot be held within 48 hours because the expiration of the 48 hours falls on a weekend or legal holiday, the court shall review the detention assessment and the decision to detain such child and make a finding based on probable cause within 48 hours of such child being placed in preadjudication custody. (c) If an alleged delinquent child is released from preadjudication custody at the detention hearing or was never taken into custody, the following time frames shall apply: (1) Any petition alleging delinquency shall be filed within 30 days of the filing of the complaint or within 30 days after such child is released from preadjudication custody. If a complaint was not filed,

the complaint shall be filed within the statute of limitations as provided by Chapter 3 of Title 17; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The arraignment hearing shall be scheduled no later than 30 days after the filing of the petition alleging delinquency; (4) The adjudication hearing shall be held no later than 60 days from the filing of the petition alleging delinquency unless a continuance is granted as provided in Code Section 15-11-478; and (5) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (d) If an alleged delinquent child is not released from preadjudication custody at the detention hearing, the following time frames shall apply: (1) The petition alleging delinquency shall be filed within 72 hours of the detention hearing; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The adjudication hearing shall be held no later than ten days after the filing of the petition alleging delinquency unless a continuance is granted as provided in Code Section 15-11-478; and (4) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (e) For purposes of this Code section, preadjudication custody begins when a juvenile court intake officer authorizes the placement of a child in a secure residential facility. (f ) A child who is released from detention but subject to conditions of release shall not be considered to be in detention for purposes of calculating time frames set forth in this article or for purposes of calculating time served.

History

Code 1981, § 15-11-472, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Annotations

JUDICIAL DECISIONS Continuance request on the part of the state. - Order granting the state’s request for a continuance in a juvenile

proceeding was vacated because the juvenile court did not consider whether the state’s proffered reason of needing more

time to determine whether to file a removal petition constituted good cause given the juvenile’s objection to the continuance and the expressed desire to admit to the charged crimes. In the Interest

of A. H., 332 Ga. App. 590, 774 S.E.2d 163 (2015). Cited in In the Interest of M.D.H., 300 Ga. 46, 793 S.E.2d 49 (2016).

Notes of Decisions

Cited in 2 cases, 2015–2020 · leading case: In the Interest of A.H., a Child, 774 S.E.2d 163 (Ga. Ct. App. 2015).

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In the Interest of A.H., a Child, 774 S.E.2d 163 (Ga. Ct. App. 2015). · cites it 6× “On May 7, 2014, the juvenile court held the detention hearing required by OCGA § 15-11-472. 2 A probation officer with the Bibb County Department of Juvenile Justice (“DJJ”) and a case manager with the Bibb County Department of Family and Children Services (“DFACS”) were present…”

In the Interest of A.L., a Child (Ga. Ct. App. 2020). · cites it 2× “See OCGA § 15-11-472 (d). The legislature provided three Code sections authorizing the juvenile court to dismiss: two provide for dismissal of a “petition” of juvenile delinquency and one provides for dismissal of the “proceeding.”

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.