CopyCited 5 times | Published | Supreme Court of Georgia | Oct 29, 2007 | 652 S.E.2d 547
Melton, Justice.
We granted certiorari in this case to determine whether OCGA §
15-11-8 (a) requires either a county or the Department of Juvenile Justice (Department) to pay for emergency medical treatment for a juvenile temporarily placed by a juvenile court into the Department’s custody while that juvenile’s adjudication and the disposition of her delinquency petition remains pending....
...was suffering from a tumor on her pituitary gland. The Department was billed $4,568.50 for J. S.’s treatment, tests, and procedures, and it filed a motion requesting the juvenile court to certify the expenses for *624payment by Baldwin County in accordance with OCGA §
15-11-8 (a) (5)....
...of emergency medical procedures for a juvenile who is in the legal custody of the juvenile court of a particular county but has been placed in the physical custody of the Department. To answer this question, we must turn to statutory authority. OCGA §
15-11-8 provides:
(a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court: (1) The cost of medical and other examinations and treatment of a child ordered by the court......
...Third, in drafting the juvenile code, the Legislature explicitly stated its purpose of protecting and restoring children whose well-being is threatened, see OCGA§
15-11-1 (1). When these three sources are considered together, it leads to the conclusion that “subsistence,” as used in OCGA§
15-11-8 (a) (5), must be interpreted to include emergency medical procedures....
CopyPublished | Supreme Court of Georgia | Oct 29, 2007
...Lumley, Lumley & Howell, Macon, for Appellant. Michelle Townes, Asst. Atty. Gen., Thurbert E. Baker, Atty. Gen., Dennis R. Dunn, Asst. Atty. Gen., Shalen S. Nelson, Asst. Atty. Gen., for Appellee. MELTON, Justice. We granted certiorari in this case to determine whether OCGA §
15-11-8(a) requires either a county or the Department of Juvenile Justice (Department) to pay for emergency medical treatment for a juvenile temporarily placed by a juvenile court into the Department's custody while that juvenile's adjudication and the disposition of her delinquency petition remains pending....
...was suffering from a tumor on her pituitary gland. The Department was billed $4,568.50 for J.S.'s treatment, tests, and procedures, and it filed a motion requesting the juvenile court to certify the expenses for payment by Baldwin County in accordance with OCGA §
15-11-8(a)(5)....
...of emergency medical procedures for a juvenile who is in the legal custody of the juvenile court of a particular county but has been placed in the physical custody of the Department. To answer this question, we must turn to statutory authority. OCGA §
15-11-8 provides: (a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court: (1) The cost of medical and other examinations and treatment of a child ordered by the court ....
...Third, in drafting the juvenile code, the Legislature explicitly stated its purpose of protecting and restoring children whose well-being is threatened, see OCGA §
15-11-1(1). When these three sources are considered together, it leads to the conclusion that "subsistence," as used in OCGA §
15-11-8(5), must be interpreted to include emergency medical procedures....