O.C.G.A.
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.
(a) If a child is in detention prior to adjudication, a petition alleging delinquency shall be filed not later than 72 hours after the detention hearing. If no petition alleging delinquency is filed within the applicable time, such child shall be released from detention and the complaint shall be dismissed without prejudice. Such petition may be refiled as provided in subsection (b) of this Code section within the statute of limitations. (b) If a child is not in detention prior to adjudication, a petition alleging delinquency shall be filed within 30 days of the filing of the complaint alleging violation of a criminal law or within 30 days of such child’s release pursuant to a determination that detention is not warranted. Upon a showing of good cause and notice to all parties, the court may grant an extension of time for filing a petition alleging delinquency. The court shall issue a written order reciting the facts justifying any extension.
History
Code 1981, § 15-11-521, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.
Annotations
JUDICIAL DECISIONS Question of dismissal of action if neither petition nor extension filed. - Because two conflicting decisions that governed a case regarding interpretation of O.C.G.A. § 15-11-521(b) were before the Supreme Court of Georgia on certiorari review, the court certified resolution of the case to the Supreme Court via a certified question under Ga. Const. 1983, Art. VI, Sec. V, Para. IV. To await the Supreme Court’s decision would run afoul
of the two-term rule, Ga. Const. 1983, Art. VI, Sec. IX, Para. II. In the Interest of J. F., 338 Ga. App. 15, 789 S.E.2d 274 (2016). 30-day deadline. - Under O.C.G.A. § 15-11-521(b), the state must file a petition alleging delinquency against a juvenile who is not detained within 30 days of filing of the complaint or seek an extension of that deadline from the juvenile court; if the state misses the 30-day deadline and does not seek an extension, the
case must be dismissed without prejudice. In the Interest of M.D.H., 300 Ga. 46, 793 S.E.2d 49 (2016).
Notes of Decisions
In the Interest of M. D. H., 793 S.E.2d 49 (Ga. 2016).
· cites it 68× “According to OCGA § 15-11-521 (b), the State mustfile apetition alleging delinquency against a juvenile who is not detained within 30 days of the filing of the complaint or seek an extension of that deadline from the juvenile court.”
In the Interest of J. F., a Child, 789 S.E.2d 274 (Ga. Ct. App. 2016).
· cites it 66× “appeals from the juvenile court’s denial of his motion to dismiss the State’s case against him with prejudice for failure to comply with OCGA § 15-11-521 (b). He argues that because the State failed to file a delinquency petition within 30 days after his release from detention…”
In the Interest Of: M. D. H., a Child, 779 S.E.2d 433 (Ga. Ct. App. 2015).
· cites it 20× “contends that the juvenile court should have dismissed the petition with prejudice because the State failed to comply with the deadline for filing a petition alleging delinquency under OCGA § 15-11-521 (b). Because M. D. H. raises the same issue in both Case Nos.”
In the Interest of D. v. H., a Child, 779 S.E.2d 122 (Ga. Ct. App. 2015).
· cites it 14× “This appeal presents an issue of first impression under Georgia’s new Juvenile Code: If the state fails to file a delinquency petition within 30 days after the filing of a complaint against a child, as required by OCGA § 15-11-521 (b) (a provision of the new Juvenile Code), does…”
In the Interest of C. M. B., a Child, 781 S.E.2d 570 (Ga. Ct. App. 2016).
· cites it 18× “This case presents an issue of first impression under the new Juvenile Code — how to calculate the 72-hour period under OCGA § 15-11-521 (a) during which the State must file a delinquency petition following a detention hearing.”
In the Interest of J. F., 797 S.E.2d 921 (Ga. 2017).
· cites it 8× “In this case, the Court of Appeals, in a divided full-court (15-judge) decision, certified to this Court a single question of statutory construction: Does OCGA § 15-11-521 (b) require dismissal with prejudice when the State neither files a petition alleging [juvenile]…”
In the Interest Of: J. F., a Child, 809 S.E.2d 845 (Ga. Ct. App. 2018).
· cites it 10× “appeals from the juvenile court's denial of his motion to dismiss the State's case against him with prejudice for failure to comply with OCGA § 15-11-521 (b). He argues that because the State failed to file a delinquency petition within 30 days after his release from detention…”
In the Interest of J.F., a Child (Ga. 2017).
· cites it 8× “In this case, the Court of Appeals, in a divided full-court (15-judge) decision, certified to this Court a single question of statutory construction: Does OCGA § 15-11-521 (b) require dismissal with prejudice when the State neither files a petition alleging [juvenile]…”
In the Interest Of: D. v. H. , a Child (Ga. Ct. App. 2015).
· cites it 12× “This appeal presents an issue of first impression under Georgia’s new Juvenile Code: If the state fails to file a delinquency petition within 30 days after the filing of a complaint against a child, as required by OCGA § 15-11-521 (b) (a provision of the new Juvenile Code), does…”
In the Interest of I.W., a Child (Ga. Ct. App. 2021).
· cites it 4× “filed this direct appeal from the adjudication order and from the court’s order denying her motion to dismiss the delinquency petition pursuant to OCGA § 15-11-521 (a). We, however, lack jurisdiction.”
— 15-11-521(b) — 1 case
In the Interest of M. D. H., 793 S.E.2d 49 (Ga. 2016).
“According to OCGA § 15-11-521 (b), the State mustfile apetition alleging delinquency against a juvenile who is not detained within 30 days of the filing of the complaint or seek an extension of that deadline from the juvenile court.”
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