Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1403, pre-2000 Code Section 15-11-20, and pre-2014 Code Section 15-11-48, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Applicability.

- Contrary to the defendant's claims, neither former O.C.G.A. § 15-11-67 (see now O.C.G.A. § 15-11-442) nor former O.C.G.A. § 15-11-48(e) (see now O.C.G.A. §§ 15-11-135,15-11-400, and15-11-412) applied to the defendant's case because both provisions applied when the child was found "unruly," and the defendant was adjudicated delinquent, not unruly. In the Interest of B. Q. L. E., 297 Ga. App. 273, 676 S.E.2d 742 (2009), cert. denied, No. S09C1197, 2009 Ga. LEXIS 787 (Ga. 2009) (decided under former O.C.G.A. § 15-11-48).

Suspect may first be booked if rights are observed.

- There was no violation of former O.C.G.A. § 15-11-20 (see now O.C.G.A. §§ 15-11-155,15-11-400,15-11-412, and15-11-504) because a juvenile suspect was first taken to a police station for booking purposes, if the juvenile was advised of the juvenile's rights under that section to be questioned elsewhere; the juvenile signed a waiver of these rights on an "advice to juveniles" form and was detained at a youth development center. Marshall v. State, 248 Ga. 227, 282 S.E.2d 301 (1981) (decided under former Code 1933, § 24A-1403).

Confession admissible if juvenile taken before county police.

- Juvenile defendant's confession was admissible despite the fact that the juvenile was not taken before an impartial juvenile intake officer but a member of the county police department since the defendant's mother was present during the juvenile's interrogation and it was not alleged that the officer failed to perform any duty imposed upon the officer. Worthy v. State, 253 Ga. 661, 324 S.E.2d 431 (1985) (decided under former O.C.G.A. § 15-11-20).

All detention facilities not supervised and controlled by juvenile courts.

- Juvenile courts are not granted the power and authority to supervise and control all the various detention facilities. Jones v. State, 134 Ga. App. 611, 215 S.E.2d 483 (1975) (decided under former Code 1933, § 24A-1403).

No guarantee of all bed space desired by courts.

- Subsection (a) of former section contemplated otherwise than that the Department of Human Resources guarantee all bed space desired by the juvenile courts. Jones v. State, 134 Ga. App. 611, 215 S.E.2d 483 (1975) (decided under former Code 1933, § 24A-1403).

Confinement designation not exercise of court's jurisdiction.

- Juvenile court's order for detention was merely an order pursuant to the former statute; designating the place of confinement was not an exercise of jurisdiction by that court. Hartley v. Clack, 239 Ga. 113, 236 S.E.2d 63 (1977) (decided under former Code 1933, § 24A-1403).

Foster relationship gives rise to no state-created rights.

- Children are placed in foster homes as an alternative to institutional care for what is clearly designed as a transitional phase in the child's life. Therefore, in the eyes of the state, which creates the foster relationship, the relationship is considered temporary at the outset and gives rise to no state-created rights in the foster parents. Drummond v. Fulton County Dep't of Family & Children's Servs., 563 F.2d 1200 (5th Cir. 1977), cert. denied, 437 U.S. 910, 98 S. Ct. 3103, 57 L. Ed. 2d 1141 (1978) (decided under former Code 1933, § 24A-1403).

School officials not involved in admission of student to detention center.

- Because the school officials exercised their discretion under the law to report alleged criminal action against a school resource officer by the student, there was no evidence that school officials were involved in the decision to admit the student into the youth detention center, and the student was allowed to return to school upon the student's release from the youth detention center, the disciplinary hearing was not untimely, as there was evidence that the student had not been suspended before the hearing, and, thus, the superior court erred in reversing the state board of education's decision and remanding the case to the state board with direction to vacate the adjudication of expulsion entered against the student. Fulton County Bd. of Educ. v. D. R. H., 325 Ga. App. 53, 752 S.E.2d 103 (2013)(decided under former O.C.G.A. § 54-11-48).

Restrictive custody appropriate.

- Trial court did not abuse the court's discretion by ordering a juvenile to serve 12 months in restrictive custody as the juvenile's school disciplinary record; record of delinquency; violations of probation; immaturity; susceptibility to temptation; use of marijuana; lack of positive male role models; lack of structure; and the absence of other activities to occupy time demonstrated that restrictive custody was in the juvenile's best interests, as well as the community's, and was not arbitrary. In the Interest of C. M., 331 Ga. App. 16, 769 S.E.2d 737 (2015).

Cited in M.K.H. v. State, 135 Ga. App. 565, 218 S.E.2d 284 (1975); R.A.M. v. State, 148 Ga. App. 226, 251 S.E.2d 139 (1978); Lewis v. State, 246 Ga. 101, 268 S.E.2d 915 (1980); Long v. Long, 303 Ga. App. 215, 692 S.E.2d 811 (2010).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-1403, 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.

Juvenile intake officer to locate appropriate juvenile facility.

- Juvenile intake officer should make all reasonable efforts to locate an appropriate juvenile facility for the detention of an allegedly delinquent child before determining that such a facility was "not available" for purposes of the former statute. 1978 Op. Att'y Gen. No. U78-13 (decided under former Code 1933, § 24A-1403).

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 49, 50, 56 et seq., 69.

C.J.S.

- 43 C.J.S., Infants, §§ 140 et seq., 226 et seq., 239.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 16.

ALR.

- What constitutes delinquency or incorrigibility, justifying commitment of infant, 45 A.L.R. 1533; 85 A.L.R. 1099.

Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.

Truancy as indicative of delinquency or incorrigibility, justifying commitment of infant or juvenile, 5 A.L.R.4th 1211.

Foster parent's right to immunity from foster child's negligence claims, 55 A.L.R.4th 778.