15-11-2
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15-11-2.
As
used in this chapter, the term:
(1)
'Adult' means any individual who is not a child under the definition in
paragraph (2) of this Code section.
(1.1)
'Biological father' means the male who impregnated the biological mother
resulting in the birth of the child.
(2)
'Child' means any individual who is:
(A)
Under the age of 17 years;
(B)
Under the age of 21 years, who committed an act of delinquency before reaching
the age of 17 years, and who has been placed under the supervision of the court
or on probation to the court; or
(C)
Under the age of 18 years, if alleged to be a 'deprived child' or a 'status
offender' as defined by this Code section.
(3)
'Community rehabilitation center' means a rehabilitation and custodial center
established within a county for the purpose of assisting in the rehabilitation
of delinquent and unruly children in a neighborhood and family environment in
cooperation with community educational, medical, and social agencies, which
center meets the following requirements:
(A)
Is located within any county having a juvenile court presided over by at least
one full-time judge exercising jurisdiction exclusively over juvenile matters;
and
(B)
Is operated by a nonprofit corporation organized under Chapter 3 of Title 14,
the 'Georgia Nonprofit Corporation Code,' and has a full-time chief executive
officer. The charter, bylaws, and method of selecting the board of directors and
chief executive officer of such nonprofit corporation shall be subject to the
unanimous approval of the chief judge of the judicial circuit in which the
county is located, the judge or judges of the juvenile court, the superintendent
of the county school district, and the commissioner of corrections, which
approval shall be in writing and shall be appended to the charter and bylaws of
the nonprofit organization. Any amendment of the charter or bylaws of the
nonprofit corporation shall be subject to the same written approval as the
original charter and bylaws.
(4)
'Court' or 'juvenile court' means the court exercising jurisdiction over
juvenile matters.
(4.1)
'Criminal justice purposes' means the performance of any activity directly
involving the investigation, detection, apprehension, detention, pretrial
release, post-trial release, prosecution, adjudication, correctional
supervision, or rehabilitation of children or adults who are accused of,
convicted of, or charged with crimes or the collection, storage, and
dissemination of criminal history record information.
(5)
'Custodian' means:
(A)
A person, other than a parent or legal guardian, who stands in loco parentis to
the child or a person to whom legal custody of the child has been given by order
of a court; or
(B)
A public or private agency or other private organization licensed or otherwise
authorized by law to receive and provide care for a child to which legal custody
of the child has been given by order of a court.
(6)
'Delinquent act' means:
(A)
An act designated a crime by the laws of this state, or by the laws of another
state if the act occurred in that state, under federal laws, or by local
ordinance, and the crime does not fall under subparagraph (C) of paragraph (12)
of this Code section and is not a juvenile traffic offense as defined in Code
Section 15-11-73;
(B)
The act of disobeying the terms of supervision contained in a court order which
has been directed to a child who has been adjudged to have committed a
delinquent act; or
(C)
Failing to appear as required by a citation issued with regard to a violation of
Code Section 3-3-23.
(7)
'Delinquent child' means a child who has committed a delinquent act and is in
need of treatment or rehabilitation.
(8)
'Deprived child' means a child who:
(A)
Is without proper parental care or control, subsistence, education as required
by law, or other care or control necessary for the
child́s
physical, mental, or emotional health or morals;
(B)
Has been placed for care or adoption in violation of law;
(C)
Has been abandoned by his or her parents or other legal custodian;
or
(D)
Is without a parent, guardian, or custodian.
No
child who in good faith is being treated solely by spiritual means through
prayer in accordance with the tenets and practices of a recognized church or
religious denomination by a duly accredited practitioner thereof shall, for that
reason alone, be considered to be a 'deprived child.'
(8.1)
'Identification data' means the fingerprints, name, race, sex, date of birth,
and any other unique identifiers of the child.
(9)
'Judge' means judge or judges of the court exercising jurisdiction over juvenile
matters. Such term shall not mean or include an associate juvenile court judge
or associate juvenile court traffic judge unless specifically so stated.
(10)
'Juvenile court intake officer' means the juvenile court judge, associate
juvenile court judge, court service worker, or person employed as a juvenile
probation or intake officer designated by the juvenile court judge or, where
there is none, the superior court judge, which person is on duty for the purpose
of determining whether any child taken into custody should be released or
detained and, if detained, the appropriate place of detention. Each superior or
juvenile court judge shall provide for one of the above persons to be on duty or
on call as an intake officer during each 24 hour period.
(10.1)
'Legal father' means a male who:
(A)
Has legally adopted a child;
(B)
Was married to the biological mother of that child at the time the child was
conceived or was born, unless such paternity was disproved by a final order
pursuant to Article 3 of Chapter 7 of Title 19;
(C)
Married the legal mother of the child after the child was born and recognized
the child as his own, unless such paternity was disproved by a final order
pursuant to Article 3 of Chapter 7 of Title 19;
(D)
Has been determined to be the father by a final paternity order pursuant to
Article 3 of Chapter 7 of Title 19; or
(E)
Has legitimated the child by a final order pursuant to Code Section
19-7-22
and
who has not surrendered or had terminated his rights to the child.
(10.2)
'Legal mother' means the female who is the biological or adoptive mother of the
child and who has not surrendered or had terminated her rights to the child.
(10.3)
'Parent' means either the legal father or the legal mother of the child.
(10.4)
'Putative father registry' means the registry established and maintained
pursuant to subsections (d) and (e) of Code Section 19-11-9.
(10.5)
'Shelter care' means:
(A)
A licensed foster home or home approved by the court which may be a public or
private home or the home of the noncustodial parent or a relative;
or
(B)
A facility operated by a licensed child welfare agency.
(11)
'Status offender' means a child who is charged with or adjudicated of an offense
which would not be a crime if it were committed by an adult, in other words, an
act which is only an offense because of the
perpetratoŕs
status as a child. Such offenses shall include, but are not limited to, truancy,
running away from home, incorrigibility, and unruly behavior.
(12)
'Unruly child' means a child who:
(A)
While subject to compulsory school attendance is habitually and without
justification truant from school;
(B)
Is habitually disobedient of the reasonable and lawful commands of his or her
parent, guardian, or other custodian and is ungovernable;
(C)
Has committed an offense applicable only to a child;
(D)
Without just cause and without the consent of his or her parent or legal
custodian deserts his or her home or place of abode;
(E)
Wanders or loiters about the streets of any city, or in or about any highway or
any public place, between the hours of 12:00 Midnight and 5:00 A.M.;
(F)
Disobeys the terms of supervision contained in a court order which has been
directed to such child, who has been adjudicated unruly; or
(G)
Patronizes any bar where alcoholic beverages are being sold, unaccompanied by
such
child́s
parents, guardian, or custodian, or possesses alcoholic beverages;
and
(H)
In any of the foregoing, is in need of supervision, treatment, or
rehabilitation; or
(I)
Has committed a delinquent act and is in need of supervision, but not of
treatment or rehabilitation.