Disposition Hearing; Time Limitations; Disposition of a Child in Need of Services

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Child in Need of Services
  6. Adjudication, Disposition, and Reviews
  7. Disposition Hearing; Time Limitations; Disposition of a Child in Need of Services

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  1. If the court finds that a child is a child in need of services, a final disposition hearing shall be held and completed within 30 days of the conclusion of the adjudication hearing if the final disposition hearing is not held in conjunction with such adjudication hearing.
  2. The court shall order the least restrictive and most appropriate disposition. Such disposition may include:
    1. Permitting such child to remain with his or her caregiver without limitations or conditions;
    2. Permitting such child to remain with his or her caregiver subject to such limitations and conditions as the court may prescribe;
    3. Placing such child on probation or unsupervised probation on such terms and conditions as deemed in the best interests of such child and the public. An order granting probation to a child in need of services may be revoked on the ground that the terms and conditions of the probation have not been observed;
    4. Requiring that such child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court;
    5. Requiring that such child make restitution. A restitution order may remain in force and effect simultaneously with another order of the court. Payment of funds shall be made by such child or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and such court shall disburse such funds in the manner authorized in the order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to:
      1. The juvenile court of the county of such child's residence and its probation staff, if he or she changes his or her place of residence; or
      2. A superior court once such child reaches 18 years of age if he or she thereafter comes under the jurisdiction of the superior court;
    6. Imposing a fine on such child who has committed an offense which, if committed by an adult, would be a violation under the criminal laws of this state or has violated an ordinance or bylaw of a county, city, town, or consolidated government. Such fine shall not exceed the fine which may be imposed against an adult for the same offense;
    7. Requiring such child to attend structured after-school or evening programs or other court approved programs as well as requiring supervision of such child during the time of the day in which he or she most often used to perform the acts complained of in the petition alleging that such child is a child in need of services;
    8. Any order authorized for the disposition of a dependent child;
    9. Any order authorized for the disposition of a delinquent child except that a child in need of services shall not be placed in a secure residential facility or nonsecure residential facility nor shall such facility accept such child;
    10. Any order authorized under Code Section 15-11-29.1; or
    11. Any combination of the dispositions set forth in paragraphs (1) through (10) of this subsection as the court deems to be in the best interests of a child and the public.
  3. All disposition orders shall include written findings of the basis for the disposition and such conditions as the court imposes and a specific plan of the services to be provided.

(Code 1981, §15-11-442, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-34/SB 364; Ga. L. 2017, p. 604, § 1-3/SB 175.)

Cross references.

- Power of juvenile court to require restitution by unruly child as condition or limitation of probation, § 17-14-5.

Further provisions regarding commitment of unruly child to Department of Juvenile Justice, §§ 49-4A-8 and49-5-7.

Administrative Rules and Regulations.

- Regional Educational Services, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Chapter 160-5-1.

Law reviews.

- For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-67, 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.

Applicability.

- Contrary to the defendant's claims, neither former O.C.G.A. § 15-11-67 (see now O.C.G.A. § 15-11-442) nor former O.C.G.A. § 15-11-48(e) (see now O.C.G.A. §§ 15-11-135,15-11-400, and15-11-412) applied to the defendant's case because both provisions applied when the child was found "unruly," and the defendant was adjudicated delinquent, not unruly. In the Interest of B. Q. L. E., 297 Ga. App. 273, 676 S.E.2d 742, cert. denied, No. S09C1197, 2009 Ga. LEXIS 787 (Ga. 2009) (decided under former O.C.G.A. § 15-11-67).

Petition insufficient to charge juvenile as unruly.

- Juvenile court erred in denying the defendant juvenile's special demurrer to a petition accusing the juvenile of being unruly pursuant to former O.C.G.A. §§ 15-11-2 and15-11-67 (see now O.C.G.A. §§ 15-11-2,15-11-381,15-11-442, and15-11-471) because the petition did not allege the defendant's misconduct with particularity, and the defendant was unable to determine what acts of disobedience supported the allegation that the defendant was unruly; although the petition alleged the date the defendant was disobedient, the petition provided no factual details, and the petition merely mirrored the language of former § 15-11-2(12)(B) (see now O.C.G.A. §§ 15-11-2,15-11-381, and15-11-471). In the Interest of C.H., 306 Ga. App. 834, 703 S.E.2d 407 (2010) (decided under former O.C.G.A. § 15-11-67).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under pre-2000 Code Section 15-11-36, 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.

All costs related to subsistence and detention, including emergency medical costs, incurred on behalf of juveniles held in Department of Juvenile Justice facilities prior to a formal commitment to the Department of Juvenile Justice are properly assessed to the counties. 2002 Op. Att'y Gen. No. 2002-6 (decided under former O.C.G.A. § 15-11-36).

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Infants, § 50. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 7, 56 et seq.

C.J.S.

- 43 C.J.S., Infants, § 234 et seq.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 32.

ALR.

- Applicability of double jeopardy to juvenile court proceedings, 5 A.L.R.4th 234.

Truancy as indicative of delinquency or incorrigibility, justifying commitment of infant or juvenile, 5 A.L.R.4th 1211.


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