O.C.G.A. § 15-11-60 (2019)

Annotations

Cross references. - Appeals from referee’s decision, Uniform Rules for the Ju-

venile Courts of Georgia, Rule 19.2. Officers of the court and court personnel, Uniform Rules for the Juvenile Courts of Georgia, Rule 2.1 et seq.

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under pre-2000 Code Section 15-11-10 and pre-2014 Code Section 15-11-21, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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. Failure to comply with subsections (b) and (c). - Since the juvenile court referee [now associate judge] failed to comply with subsections (b) and (c) of former O.C.G.A. § 15-11-10 (see now

O.C.G.A. § 15-11-60), the order of commitment in the case must be reversed and the case remanded for further proceedings in compliance with the foregoing provisions of the former Juvenile Court Code. In re W.M.F., 180 Ga. App. 397, 349 S.E.2d 265 (1986) (decided under former O.C.G.A. § 15-11-10). Judge’s failure to comply. - While the language of a juvenile court judge’s order suggested that the judge conducted a de novo review of a decision by an associate judge, the judge erred in denying a juvenile’s motion for rehearing. The disposition which the juvenile court judge

was authorized and required to make was a de novo determination as to the juvenile’s delinquency, not an order granting or denying the juvenile’s motion. In the Interest of J. C., 308 Ga. App. 336, 708 S.E.2d 1 (2011) (decided under former O.C.G.A. § 15-11-21). Nature of rehearing. - Rehearing that was mandated by former subsection (d) (now subsection (e)) of former O.C.G.A. § 15-11-10 (see now O.C.G.A. § 15-11-60) differs from a review of a referee’s findings and recommendations. A rehearing on reconsideration contemplates a second, de novo consideration or a retrial of the issues, while a review involves only the examination of the record by an appellate tribunal and consideration for the purpose of correction. In re M.E.T., 197 Ga. App. 255, 398 S.E.2d 30 (1990) (decided under former O.C.G.A. § 15-11-10). Effect of timely request for rehear-

ing. - Juvenile’s timely request for a hearing required that the juvenile court judge make de novo findings and recommendations after conducting a de novo review of the original evidence that the referee considered. The judge could not ignore the timely request for a rehearing and merely ‘‘confirm’’ the findings and recommendations of the referee pursuant to subsection (e) of former O.C.G.A. § 15-11-10 (see now O.C.G.A. § 15-11-21). In re M.E.T., 197 Ga. App. 255, 398 S.E.2d 30 (1990) (decided under former O.C.G.A. § 15-11-10). Authority to confirm associate judge’s findings and recommendations. - Juvenile court judge is authorized to confirm the referee’s findings and recommendation only if no rehearing is mandated. In re M.E.T., 197 Ga. App. 255, 398 S.E.2d 30 (1990) (decided under former O.C.G.A. § 15-11-10).

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-701, 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. Appointment of juvenile court per-

sonnel by superior court judge. - Superior court judge sitting as a juvenile court judge may appoint supporting personnel for the juvenile court pursuant to former Code 1933, §§ 24A-601, 24A-603 and 24A-701 (see now O.C.G.A. §§ 15-11-60, 15-11-63, and 15-11-66). 1977 Op. Att’y Gen. No. U77-11 (decided under former Code 1933, § 24A-701).

RESEARCH REFERENCES C.J.S. - 43 C.J.S., Infants, §§ 214, 215.

U.L.A. - Uniform Juvenile Court Act (U.L.A.) § 7.