O.C.G.A.

O.C.G.A. § 15-11-580 (2019)

Admission or denial of the allegations of a petition

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
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(a) 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. (b) 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. (c) If a child stands mute, refuses to answer, or answers evasively, the court shall enter a denial of the allegations.

History

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

Annotations

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former Code 1933, § 24A-2201, pre-2000 Code Section 15-11-34, and former Code Section 15-11-55, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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 juve-

nile’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).

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: In the Interest of B. C., a Child, 777 S.E.2d 52 (Ga. Ct. App. 2015).
In the Interest of B. C., a Child, 777 S.E.2d 52 (Ga. Ct. App. 2015). · cites it 26× “’s request, findingthat OCGA § 15-11-580, which the legislature enacted in 2013 as part of the new Juvenile Code, does not authorize the entry of an Alford plea in juvenile court.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.