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2018 Georgia Code 15-11-481 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-481 Case Law from Google Scholar Amendments to OCGA 15-11-481

TITLE 15 COURTS

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

ARTICLE 6 DELINQUENCY

15-11-481. Victim impact statement in delinquency proceedings.

  1. The victim of a child's alleged delinquent act shall be entitled to the same rights, notices, and benefits as the victim of a crime committed by an adult as set forth in Chapters 14, 15, 15A, and 17 of Title 17. The rights, notices, and benefits to a victim set forth in this article shall not be construed to deny or diminish the rights, notices, and benefits set forth in Chapters 14, 15, 15A, and 17 of Title 17.
  2. In any delinquency proceeding in which a petition has been filed, the prosecuting attorney shall notify any victim of a child's alleged delinquent act that the victim may submit a victim impact form as provided in Code Section 17-10-1.1.
  3. The provisions of subsection (e) of Code Section 17-10-1.1 shall apply to the use and disclosure of the victim impact form.
  4. Prior to the imposition of a dispositional order for a child adjudicated for a delinquent act, the juvenile court shall permit the victim, the family of the victim, or other witness with personal knowledge of the delinquent act to testify about the impact of the delinquent act on the victim, the victim's family, or the community. Except as provided in subsection (f) of this Code section, such evidence shall be given in the presence of the child adjudicated for a delinquent act and shall be subject to cross-examination.
  5. The admissibility of the evidence described in subsection (d) of this Code section shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to unduly prejudice the child adjudicated for a delinquent act. If the judge excludes evidence, the state shall be allowed to make an offer of proof.
  6. Upon a finding by the court specific to the case and the witness that the witness would not be able to testify in person without showing undue emotion or that testifying in person will cause the witness severe physical or emotional distress or trauma, evidence presented pursuant to subsection (d) of this Code section may be in the form of, but not limited to, a written statement or a prerecorded audio or video statement, provided that such witness is subject to cross-examination. Photographs of the victim may be included with any evidence presented pursuant to subsection (d) of this Code section.
  7. In presenting such evidence, the victim, the family of the victim, or other witness having personal knowledge of the impact of the delinquent act on the victim, the victim's family, or the community shall, if applicable:
    1. Describe the nature of the delinquent act;
    2. Itemize any economic loss suffered by the victim or the family of the victim, if restitution is sought;
    3. Identify any physical injury suffered by the victim as a result of the delinquent act along with its seriousness and permanence;
    4. Describe any change in the victim's personal welfare or familial relationships as a result of the delinquent act;
    5. Identify any request for psychological services initiated by the victim or the victim's family as a result of the delinquent act; and
    6. Include any other information related to the impact of the delinquent act upon the victim, the victim's family, or the community that the court inquires of.
  8. The court shall allow the child adjudicated for a delinquent act the opportunity to cross-examine and rebut the evidence presented of the victim's personal characteristics and the emotional impact of the delinquent act on the victim, the victim's family, or the community, and such cross-examination and rebuttal evidence shall be subject to the same discretion set forth in subsection (d) of this Code section.
  9. No disposition of a child adjudicated as delinquent shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of the victim, the state, or such child; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission.

(Code 1981, §15-11-481, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 5, § 15/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "subsection (d)" for "subsection (b)" in the first and second sentences of subsection (f).

Law reviews.

- For article, "Criminal Procedure," see 27 Ga. St. U.L. Rev. 29 (2011).

PART 2 V ENUE IN DELINQUENCY PROCEEDINGS

15-11-490. Venue; transfers between juvenile courts.

  1. A proceeding under this article may be commenced:
    1. In the county in which an allegedly delinquent child legally resides; or
    2. In any county in which the alleged delinquent acts occurred.
  2. If the adjudicating court finds that a nonresident child has committed a delinquent act, the adjudicating court may retain jurisdiction over the disposition of a nonresident child or may transfer the proceeding to the county of such child's residence for disposition. Like transfer may be made if the residence of such child changes pending the proceeding.
  3. If the adjudicating court retains jurisdiction, prior to making any order for disposition of a nonresident child, the adjudicating court shall communicate to the court of the county of such child's residence the fact that such child has been adjudicated to have committed a delinquent act. Such communication shall state the date upon which the adjudicating court plans to enter an order for disposition of such nonresident child and shall request any information or recommendations relevant to the disposition of such nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition.
  4. When any case is transferred, certified copies of all documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer order. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.

(Code 1981, §15-11-490, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Venue for criminal actions generally, Ga. Const. 1983, Art. VI, Sec. II, Para. VI and § 17-2-2.

Intrastate transfer of cases among Juvenile Courts, Uniform Rules for the Juvenile Courts of Georgia, Rule 5.3.

Law reviews.

- For article discussing venue problems in juvenile court practice and suggesting solutions, see 23 Mercer L. Rev. 341 (1972). For article, "An Outline of Juvenile Court Jurisdiction with Focus on Child Custody," see 10 Ga. St. B. J. 275 (1973).

JUDICIAL DECISIONS

Editor's notes.

- Many of the following annotations should be examined in light of the amendment to Ga. Const. 1976, Art. VI, Sec. XIV, Para. VI (see Ga. Const. 1983, Art. VI, Sec. II, Para. VI) which took effect November 1, 1981.

In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1101, pre-2000 Code Sections 15-11-15 and 15-11-16 and pre-2014 Code Sections 15-11-29 and 15-11-30, 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.

Determining legal residence.

- Juvenile proceeding for delinquency or unruly conduct may be tried either in the county where the child resides or in the county where the unruly or delinquent conduct occurred. In re A.M.C., 213 Ga. App. 897, 446 S.E.2d 760 (1994) (decided under former O.C.G.A. § 15-11-15).

In determining where a juvenile resides for purposes of venue, it is generally the legal residence that controls. In re A.M.C., 213 Ga. App. 897, 446 S.E.2d 760 (1994) (decided under former O.C.G.A. § 15-11-15).

In a proceeding against a juvenile for the status offense of unruliness, the juvenile's legal residence for purposes of venue was in the county of the Department of Family & Children Services having custody over the juvenile, even though the place of the offense and the juvenile's family residence were in other counties. In re A.M.C., 213 Ga. App. 897, 446 S.E.2d 760 (1994) (decided under former O.C.G.A. § 15-11-15).

Delinquency adjudication hearing serves same purpose as arraignment.

- Delinquency adjudication hearing merely serves the same purpose in the civil juvenile court proceeding as an arraignment under the criminal code. M.E.B. v. State, 230 Ga. 154, 195 S.E.2d 891 (1973) (decided under former Code 1933, § 24A-1101); D.C.E. v. State, 130 Ga. App. 724, 204 S.E.2d 481 (1974);(decided under former Code 1933, § 24A-1101).

Adjudication proceeding is actually nothing more than pretrial hearing held in the county where the child was apprehended and in the custody of local authorities for committing the alleged unruly acts or delinquent behavior. M.E.B. v. State, 230 Ga. 154, 195 S.E.2d 891 (1973) (decided under former Code 1933, § 24A-1101).

Order entered following a delinquency adjudicatory hearing under former Code 1933, § 24A-1201 (see now O.C.G.A. §§ 15-11-17 and15-11-490) was not a final judgment appealable under former Code 1933, § 6-701 (see now O.C.G.A. § 5-6-34) but was instead merely an order entered in a pretrial hearing similar to an arraignment. D.C.E. v. State, 130 Ga. App. 724, 204 S.E.2d 481 (1974) (decided under former Code 1933, § 24A-1101).

Former statute did not conflict with general venue provisions of Constitution insofar as delinquency proceedings were concerned. G.S.K. v. State, 147 Ga. App. 571, 249 S.E.2d 671 (1978) (decided under former Code 1933, § 24A-1101).

Venue lies in county where juvenile committed criminal act.

- Although some of the proceedings in juvenile court are of a criminal character, not all are. For those that are, delinquency, unruliness and juvenile traffic offenses, the venue provisions of the Juvenile Code and the state constitution, that venue lies in the county in which the act was committed, are in accord. Quire v. Clayton County Dep't of Family & Children Servs., 242 Ga. 85, 249 S.E.2d 538 (1978) (decided under former Code 1933, § 24A-1101).

Juvenile's change of residence did not bar the exercise of jurisdiction over the juvenile by the juvenile court in the county in which the offense occurred. In re D.L., 228 Ga. App. 503, 492 S.E.2d 273 (1997) (decided under former O.C.G.A. § 15-11-15).

Evidence showed that the delinquent conduct occurred in the victim's house, which was sufficient to establish the venue of the case wherein the juvenile was properly adjudicated. In the Interest of M.C., 322 Ga. App. 239, 744 S.E.2d 436 (2013) (decided under former O.C.G.A. § 15-11-29).

Insufficient proof of venue.

- In a juvenile delinquency case, the state failed to prove venue since the state offered no evidence that a church where an aggravated assault occurred was within the boundaries of the county in question; as to charges of obstruction of an officer, there was no evidence as to the location of the houses where the acts in question occurred. In the Interest of D.D., 287 Ga. App. 512, 651 S.E.2d 817 (2007) (decided under former O.C.G.A. § 15-11-29).

Although there was sufficient evidence to support a juvenile's adjudication of delinquency based on the finding that the juvenile had committed acts, which, had the juvenile been an adult, would have supported a conviction for burglary in violation of O.C.G.A. § 16-7-1(a), the adjudication was reversed because the state failed to present any evidence to establish proof of venue beyond a reasonable doubt. The investigating officers' county of employment did not, in and of itself, constitute sufficient proof of venue to meet the beyond a reasonable doubt standard; however, the reviewing court noted that retrying the juvenile was not prohibited under the Double Jeopardy Clause because the evidence presented at trial was otherwise sufficient to support the adjudication of delinquency. In the Interest of B.R., 289 Ga. App. 6, 656 S.E.2d 172 (2007) (decided under former O.C.G.A. § 15-11-29).

Because the state failed to prove the element of venue beyond a reasonable doubt, and there was no indication in the record that the juvenile waived that requirement or that the court took judicial notice of venue as an element of the offenses charged, the juvenile's adjudications of delinquency had to be reversed. In the Interest of J.B., 289 Ga. App. 617, 658 S.E.2d 194 (2008) (decided under former O.C.G.A. § 15-11-29).

Dispositional hearings conducted in county where defendant resides.

- It was at the dispositional hearings provided for in former Code 1933, § 24A-2201 (see now O.C.G.A. §§ 15-11-101 and15-11-210) that the actual "case" was tried, thereby comporting with the constitutional mandate that civil cases shall be tried in the county where the defendant resided. M.E.B. v. State, 230 Ga. 154, 195 S.E.2d 891 (1973) (decided under former Code 1933, § 24A-1101).

Transfer provisions were not violative of Constitution.

- Ga. L. 1971, p. 709, § 1, by providing that after adjudication of delinquency in a court of another county the proceeding shall be transferred to the county of the child's residence for disposition, is not violative of the Georgia Constitution. M.E.B. v. State, 230 Ga. 154, 195 S.E.2d 891 (1973) (decided under former Code 1933, § 24A-1201).

Failure to transfer prior to notice of appeal.

- If it is undisputed that a child was a "nonresident child" as defined in former paragraph (a)(2) of O.C.G.A. § 15-11-30 at the time of the delinquent act and at the time of the adjudication of delinquency, in that the child then resided in Spalding County, Georgia, the juvenile court of Henry County erred in failing to transfer the case to the county of the child's residence for disposition prior to the filing of the child's notice of appeal in accordance with former subsection (b) of that section. In re R.W., 186 Ga. App. 885, 368 S.E.2d 824 (1988) (decided under former O.C.G.A. § 15-11-16).

Dispositional hearings held in county where defendant resides constitutional.

- It was at the dispositional hearings provided for in former Code 1933, § 24A-2201 (see now O.C.G.A. §§ 15-11-110 and15-11-210) that the actual "case" was tried, thereby comporting with the constitutional mandate that civil cases shall be tried in the county where the defendant resided. M.E.B. v. State, 230 Ga. 154, 195 S.E.2d 891 (1973) (decided under former Code 1933, § 24A-1201).

Authority to grant new trials.

- Juvenile courts are courts of record; therefore, juvenile courts are authorized to grant new trials. In re T.A.W., 265 Ga. 106, 454 S.E.2d 134 (1995) (decided under former O.C.G.A. § 15-11-16).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-1201, 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.

Failure to comply prejudices constitutional rights of child.

- Failure to comply with the transfer provisions of former subsection (b) of Ga. L. 1971, p. 709, § 1 would prejudice the rights of the child under the venue provisions of the Georgia Constitution to have a dispositional hearing in the county of the child's residence. 1979 Op. Att'y Gen. No. U79-4 (decided under former Code 1933, § 24A-1201).

Transfer after delinquency or unruliness adjudication.

- Once a child has been adjudicated delinquent or unruly in juvenile court, the child would have to be transferred to the juvenile court in the county of the child's residence. 1979 Op. Att'y Gen. No. U79-4 (decided under former Code 1933, § 24A-1201).

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Infants, § 27 et seq. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 40 et seq.

C.J.S.

- 43 C.J.S., Infants, § 180 et seq.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) §§ 11, 12.

ALR.

- Right of indigent parent to appointed counsel in proceeding for involuntary termination of parental rights, 92 A.L.R.5th 379.

PART 3 C USTODY AND RELEASE OF CHILD

15-11-500. Order to take child into immediate custody.

If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of an alleged delinquent child are endangering such child's health or welfare or those of others or that such child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take such child into immediate custody and bring him or her forthwith before the court.

(Code 1981, §15-11-500, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Amendment to Juvenile Court petition, Uniform Rules for the Juvenile Courts of Georgia, Rule 6.6.

Continuance of adjudicatory hearing in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 11.3.

Law reviews.

- For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), see 8 Ga. St. B. J. 9 (1971).

JUDICIAL DECISIONS

Cited in Howard v. State, 334 Ga. App. 7, 778 S.E.2d 19 (2015).

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Infants, § 12 et seq. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 69 et seq.

C.J.S.

- 43 C.J.S., Infants, § 195 et seq. 67A C.J.S., Parent and Child, § 83.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 22.

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