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2018 Georgia Code 15-11-532 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-532 Case Law from Google Scholar Amendments to OCGA 15-11-532

TITLE 15 COURTS

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

ARTICLE 6 DELINQUENCY

15-11-532. Sanctions for failure to obey summons.

  1. In the event a child's parent, guardian, or legal custodian willfully fails to appear personally at a hearing on a petition alleging delinquency after being ordered to so appear or a child's parent, guardian, or legal custodian willfully fails to bring such child to a hearing after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court.
  2. If a parent, guardian, or legal custodian of the alleged delinquent child fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31.
  3. If a child 16 years of age or older fails to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section 15-11-31.
  4. If there is sworn testimony that a child less than 16 years of age willfully refuses to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section 15-11-31.

(Code 1981, §15-11-532, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-41/SB 364.)

The 2014 amendment, effective April 28, 2014, substituted "child less than" for "child 14 years of age but not" near the beginning of subsection (d).

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

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1701, pre-2000 Code Section 15-11-26 and pre-2014 Code Section 15-11-39, 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.

Waiver of notice.

- In a juvenile delinquency case, although neither defendants nor their parents were served with copies of the petitions and hearing summonses as required by former O.C.G.A. § 15-11-39 (see now O.C.G.A. §§ 15-11-162,15-11-281,15-11-423,15-11-425, and15-11-532), the defendants and their parents appeared at the hearings with their attorneys without objecting to lack of notice; thus, the defendants and their parents waived the notice issue. In the Interest of T.K.L., 277 Ga. App. 461, 627 S.E.2d 98 (2006) (decided under former O.C.G.A. § 15-11-39).

Implied waiver of service on behalf of child.

- If a child is present at a juvenile court hearing with the child's parent and counsel, the child's parent impliedly may waive service of a summons on a child's behalf by voluntary appearance at a hearing without objection to lack of service. Fulton County Detention Center v. Robertson, 249 Ga. 864, 295 S.E.2d 101 (1982) (decided under former O.C.G.A. § 15-11-26).

Parent's right to appeal delinquency adjudication.

- As parties to their child's delinquency action pursuant to former O.C.G.A. § 15-11-39(b) (see now O.C.G.A. §§ 15-11-160,15-11-423, and15-11-530), the child's parents had the right to appeal the juvenile court's judgment and to participate in the appellate process. In the Interest of J.L.B., 280 Ga. App. 556, 634 S.E.2d 514 (2006) (decided under former O.C.G.A. § 15-11-39).

Proceeding null when no waiver of rights nor proper service.

- If, in a juvenile court proceeding, there was neither waiver of the right of a mother, nor proper service upon the parties and if the hearing is not taken under oath, or waived by any of the parties, the proceeding is an absolute nullity. McBurrough v. Dep't of Human Resources, 150 Ga. App. 130, 257 S.E.2d 35 (1979) (decided under former Code 1933, § 24A-1701).

PART 8 P READJUDICATION PROCEDURES

15-11-540. Motion for dismissal.

A delinquency petition shall be dismissed by the court upon the motion of the prosecuting attorney setting forth that there is not sufficient evidence to warrant further proceedings.

(Code 1981, §15-11-540, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Law reviews.

- For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008).

JUDICIAL DECISIONS

Cited in In the Interest of H. J. C., 331 Ga. App. 506, 771 S.E.2d 184 (2015).

No results found for Georgia Code 15-11-532.