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2018 Georgia Code 15-11-567 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-567 Case Law from Google Scholar Amendments to OCGA 15-11-567

TITLE 15 COURTS

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

ARTICLE 6 DELINQUENCY

15-11-567. Transfers to juvenile court.

  1. Except in those cases in which the superior court has exclusive original jurisdiction or juvenile court jurisdiction has been terminated and the child has been transferred to superior court, if it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the accused is a child, the case shall forthwith be transferred to the juvenile court together with a copy of the indictment, special presentment, accusation, or citation and all other papers, documents, and transcripts of testimony relating to the case.
  2. The transferring court shall order that a child be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, legal custodian, or other person legally responsible for him or her to be brought before the juvenile court at a time designated by that court. The indictment, special presentment, accusation, or citation may not serve in lieu of a petition alleging delinquency in the juvenile court except as provided in Part 14 of this article.

(Code 1981, §15-11-567, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Law reviews.

- For article discussing the uneasy sharing of powers and responsibilities between the superior and juvenile courts in their concurrent jurisdiction over juveniles aged 13 to 18 and suggesting reforms, see 23 Mercer L. Rev. 341 (1972).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 24-2414 and 24-2415, and pre-2014 Code Section 15-11-30.4, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Purpose of former statute was obviously to provide a forum in which all juveniles may receive equal treatment. Kelly v. State, 122 Ga. App. 185, 176 S.E.2d 468 (1970) (decided under former Code 1933, §§ 24-2414 and 24-2415).

Multiple transfers.

- Disregarding the question of whether collateral estoppel actually applied in the context of a case, the transfer of an involuntary manslaughter case, under former O.C.G.A. § 15-11-30.4 (see now O.C.G.A. § 15-11-567), against a juvenile to the juvenile court did not collaterally estop a later transfer of the case back to the superior court under former O.C.G.A. § 15-11-30.2 (see now O.C.G.A. § 15-11-561) because the first transfer was based on the jurisdictional restrictions in former O.C.G.A. § 15-11-28(b) (see now O.C.G.A. § 15-11-560) and at the time of that transfer, the superior court did not consider or rule on the multiple factors in former § 15-11-30.2 on which the second transfer was based. In the Interest of C.G., 291 Ga. App. 743, 662 S.E.2d 823 (2008) (decided under former O.C.G.A. §§ 15-11-30.4)

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 4.

C.J.S.

- 43 C.J.S., Infants, § 373 seq.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 9.

PART 10 A DJUDICATION

15-11-580. Admission or denial of the allegations of a petition.

  1. At the commencement of the adjudication hearing, the court shall address the alleged delinquent child, in language understandable to the child, and determine whether such child is capable of understanding statements about his or her rights under this article.
  2. If a child is capable, the court shall inquire how he or she responds to the allegations of the delinquency petition. The child may:
    1. Deny the allegations of such petition, in which case the court shall proceed to hear evidence on such petition; or
    2. Admit the allegations of such petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudge such child to have committed a delinquent act.
  3. If a child stands mute, refuses to answer, or answers evasively, the court shall enter a denial of the allegations.

(Code 1981, §15-11-580, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2201, pre-2000 Code Section 15-11-34, and former Code Section 15-11-55, 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.

Courts may consider reports which contain hearsay in disposition phase.

- Former statute required that in the hearing on a petition alleging deprivation the trial court shall first make the court's finding as to whether the children were deprived, and it was only after this decision had been made that the judge, in considering the disposition to be made of the children, may consider written reports which contain hearsay matter. In re J.C., 242 Ga. 737, 251 S.E.2d 299 (1978), appeal dismissed, 441 U.S. 929, 99 S. Ct. 2046, 60 L. Ed. 2d 657 (1979) (decided under former Code 1933, § 24A-2201).

Entry of Alford plea by juvenile.

- Juvenile court erred by denying a juvenile's request to enter an Alford plea since the Georgia General Assembly did not expressly prohibit the entry of Alford pleas in juvenile court, and the juvenile court was required to construe O.C.G.A. § 15-11-580 liberally to ensure the juvenile's best interests. In the Interest of B. C., 333 Ga. App. 763, 777 S.E.2d 52 (2015).

No results found for Georgia Code 15-11-567.