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2018 Georgia Code 15-11-67 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-67 Case Law from Google Scholar Amendments to OCGA 15-11-67

TITLE 15 COURTS

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

ARTICLE 2 JUVENILE COURT ADMINISTRATION

15-11-67. Duties of probation or community supervision officers.

  1. A county juvenile probation officer or DJJ staff member serving as a juvenile probation officer or community supervision officer, as appropriate:
    1. Shall make investigations, reports, and recommendations to the court as directed by this chapter;
    2. Shall supervise and assist a child placed on probation or under the protective supervision or care of such officer by order of the court or other authority of law;
    3. May, unless otherwise ordered by the court, determine if a child should be placed on unsupervised probation and, if so, place a child on unsupervised probation;
    4. Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable;
    5. May take into custody and detain a child who is under the supervision or care of such officer if such officer has reasonable cause to believe that such child's health or safety or that of another is in imminent danger or that such child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this chapter;
    6. May not conduct accusatory proceedings against a child who is or may be under such officer's care or supervision;
    7. Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and
    8. Other laws to the contrary notwithstanding, no such officer shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted.
  2. Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as probation officers and the Department of Community Supervision shall maintain sole authority over the duties and responsibilities of all of such department's staff serving as community supervision officers.

(Code 1981, §15-11-67, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 422, § 5-10/HB 310.)

The 2015 amendment, effective July 1, 2015, in subsection (a), inserted "or community supervision officer, as appropriate" at the end of the introductory paragraph, deleted "probation" preceding "officer" in the middle of paragraph (a)(2), substituted "such officer if such officer" for "such probation officer if the probation officer" in the middle of paragraph (a)(5), deleted "probation" preceding "officer's" near the end of paragraph (a)(6), and substituted "such officer" for "probation officer" near the beginning of paragraph (a)(8); and added "and the Department of Community Supervision shall maintain sole authority over the duties and responsibilities of all of such department's staff serving as community supervision officers" at the end of subsection (b). See editor's note for applicability.

Cross references.

- Probation generally, § 42-8-1 et seq.

Probation officers, Uniform Rules for the Juvenile Courts of Georgia, Rule 2.4.

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-602, pre-2000 Code Section 15-11-8 and pre-2014 Code Section 15-11-24.2, 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.

Juvenile court probation officer had no authority to apply for search warrant. Huff v. Walker, 125 Ga. App. 251, 187 S.E.2d 343 (1972) (decided under former Code 1933, § 24A-602).

Construction with other law.

- Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication for felony obstruction under O.C.G.A. § 16-10-24(b); moreover, the probation officer was a legally authorized person lawfully discharging a duty to do so pursuant to former O.C.G.A. § 15-11-24.2(5). In the Interest of M.M., 287 Ga. App. 233, 651 S.E.2d 155 (2007), cert. denied, 2008 Ga. LEXIS 95 (Ga. 2008) (decided under former O.C.G.A. § 15-11-24.2)

Conducting of accusatory proceedings against child.

- It was error for a juvenile probation officer to conduct accusatory proceedings against a child who was or may be under the officer's care or supervision, even if a licensed attorney who thus could be considered "legal counsel," because the official whose statutory responsibilities include the supervision and assisting of juveniles could best serve that function if the official remained an objective and unbiased figure. In re P.L.S., 170 Ga. App. 74, 316 S.E.2d 175 (1984) (decided under former O.C.G.A. § 15-11-8).

Consent to proceedings by juvenile probation officer waived error.

- Appellant juvenile's failure to object to accusatory proceedings conducted by a juvenile probation officer denied appellant the right to rely on that error as a basis for reversal on appeal, but if such a procedure is allowed over proper objection appellate courts should not hesitate to reverse. In re P.L.S., 170 Ga. App. 74, 316 S.E.2d 175 (1984) (decided under former O.C.G.A. § 15-11-8).

Commitment to Department of Juvenile Justice did not violate statute.

- Former O.C.G.A. § 15-11-24.2 set forth the duties of a probation officer, and the defendant showed no merit in the defendant's argument that the commitment to the Department of Juvenile Justice violated that Code section. In the Interest of B. Q. L. E., 297 Ga. App. 273, 676 S.E.2d 742 (2009), cert. denied, No. S09C1197, 2009 Ga. LEXIS 787 (Ga. 2009) (decided under former O.C.G.A. § 15-11-24.2)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code Section 15-11-24.2, 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.

Authority of probation staff.

- Department of Juvenile Justice's probation staff may assist prosecuting attorneys in obtaining necessary reports and files and in creating delinquency petitions but may not conduct an accusatory proceeding. The probation staff must also comply with valid court orders issued pursuant to former O.C.G.A. § 15-11-24.2(6). 2008 Op. Att'y Gen. No. 2008-5 (decided under former O.C.G.A. § 15-11-24.2).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 60.

C.J.S.

- 43 C.J.S., Infants, §§ 8, 9.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 6.

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