O.C.G.A.
O.C.G.A.

O.C.G.A. § 20-2-698 (2019)

Peace officers may take temporary custody of truant children away from home

✓ 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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Any peace officer may assume temporary custody, during school hours, of any child subject to compulsory school attendance who is found away from home and who is absent from a public or private school or a home study program without a valid written excuse from school

ELEMENTARY & SECONDARY EDUC.

officials or from the parent or guardian in charge of the home study program.

History

Ga. L. 1976, p. 768, § 1; Ga. L. 1984, p. 1266, § 5.

Annotations

Cross references. Custody and release of child, § 15-11500 et seq.

JUDICIAL DECISIONS Officer reasonably stopping juvenile for violation. - Evidence sufficiently supported a juvenile defendant’s adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. § 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the

possibility of truancy pursuant to O.C.G.A. §§ 20-2-698 and 20-2-699; the juvenile’s actions in running away despite the officer’s command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. In re E.C., 292 Ga. App. 798, 665 S.E.2d 896, 2008 Ga. App. LEXIS 862 (2008).

RESEARCH REFERENCES C.J.S. 78A C.J.S., Schools and School Districts, §§ 1027, 1028. ALR. Regulations forbidding pupils to leave

school grounds during school hours, 32 A.L.R. 1342; 48 A.L.R. 659.

Notes of Decisions
Cited in 3 cases, 2008–2020 · leading case: In the Interest of E. C., 665 S.E.2d 896 (Ga. Ct. App. 2008).
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In the Interest of E. C., 665 S.E.2d 896 (Ga. Ct. App. 2008). · cites it 6× “Thus, he was authorized to briefly stop and detain the teenagers while determining whether they were truants 3 and, if so, to take custody of them and return them to school, pursuant to OCGA §§ 20-2-698 and 20-2-699. When the officer approached E.”
In Re Ec, 665 S.E.2d 896 (Ga. Ct. App. 2008). · cites it 6× “Thus, he was authorized to briefly stop and detain the teenagers while determining whether they were truants [3] and, if so, to take custody of them and return them to school, pursuant to OCGA §§ 20-2-698 and 20-2-699. When the officer approached E.”
In the Interest of G.M.w, a Child (Ga. Ct. App. 2020). · cites it 2× “The officers then let the two young men go without further questioning or search. Under these circumstances, we find that no evidence was seized as a result of this brief investigatory detention during the first encounter.”
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.