2021 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 1 - General Provisions
§ 15-11-10. Exclusive Original Jurisdiction

Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:

1. Concerning any child who:
   1. Is alleged to be a delinquent child;
   2. Is alleged to be a child in need of services;
   3. Is alleged to be a dependent child;
   4. Is alleged to be in need of treatment or commitment as a mentally ill or developmentally disabled child;
   5. Has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision or a probation begun either prior to such child's seventeenth birthday if the order is entered as a disposition for an adjudication for delinquency or prior to such child's eighteenth birthday if the order is entered for an adjudication for a child in need of services;
   6. Is receiving extended care youth services; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of the case, determining that extended care youth services are in the best interests of such child, adopting a transition plan for such child, ensuring the provision of developmentally appropriate services and supports consistent with such plans, and determining whether reasonable efforts are being made to transition such child to independent living or another planned permanent adult living arrangement; or
   7. Requires a comprehensive services plan in accordance with Code Section 15-11-658;
2. Concerning any individual under the age of 17 years alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-630; or
3. Involving any proceedings:
   1. For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law;
   2. For permanent guardianship brought pursuant to the provisions of Article 3 of this chapter;
   3. Under Chapter 4B of Title 49, the Interstate Compact for Juveniles, or any comparable law, enacted or adopted in this state;
   4. For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child in accordance with Article 4 of this chapter; provided, however, that such jurisdiction shall not affect the superior court's exclusive jurisdiction to terminate the legal parent-child relationship and the rights of a biological father who is not the legal father of the child as set forth in Chapters 6 through 9 of Title 19;
   5. For emancipation brought pursuant to the provisions of Article 10 of this chapter;
   6. Under Article 8 of this chapter, relating to prior notice to a parent, guardian, or legal custodian relative to an unemancipated minor's decision to seek an abortion; or
   7. Brought by a local board of education pursuant to Code Section 20-2-766.1, relating to court orders requiring that a parent, guardian, or legal custodian attend a conference or participate in programs or treatment to improve a student's behavior.

(Code 1981, §15-11-10, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 763, § 3-1/HB 898; Ga. L. 2014, p. 780, § 1-3/SB 364; Ga. L. 2015, p. 540, § 1-2/HB 361; Ga. L. 2018, p. 927, § 1-2/HB 906.)

The 2018 amendment, effective July 1, 2020, substituted the present provisions of subparagraph (1)(F) for the former provisions, which read: "Has remained in foster care after such child's eighteenth birthday or who is receiving independent living services from DFCS after such child's eighteenth birthday; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of such child and the services being provided to such child as a result of such child's independent living plan or status as a child in foster care; or".

- Interstate Compact for Juveniles, T. 49, C. 4B.

- Student attendance, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Regional Educational Services, Rule 160-5-1-.10.

- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B. J. 189 (1969). For article discussing the uneasy sharing of powers and responsibilities between the superior and juvenile courts in their concurrent jurisdiction over juveniles aged 13 to 18 and suggesting reforms, see 23 Mercer L. Rev. 341 (1972). For article, "An Outline of Juvenile Court Jurisdiction with Focus on Child Custody," see 10 Ga. St. B. J. 275 (1973). For article, "Child Custody - Jurisdiction and Procedure," see 35 Emory L. J. 291 (1986). For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008). For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For comment on Stanton v. Stanton, 213 Ga. 545, 100 S.E.2d 289 (1957), holding that parents cannot by contract restrict the discretion of the court in awarding custody and provision regulating the religious upbringing of the child may be entirely disregarded by the court, see 20 Ga. B. J. 546 (1958). For comment on J.W.A. v. State, 233 Ga. 683, 212 S.E.2d 849 (1975), see 27 Mercer L. Rev. 335 (1975). For comment on Parham v. J.R., 442 U.S. 584 (1979) and Secretary of Pub. Welfare v. Institutionalized Juveniles, 442 U.S. 640 (1979), regarding juvenile commitment to state mental hospitals upon application of parents or guardians, see 29 Emory L. J. 517 (1980).

ANALYSIS

• General Consideration
• General Jurisdiction
• Exclusive Jurisdiction

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-301, pre-2000 Code Section 15-11-5 and pre-2014 Code Section 15-11-28(a), 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.

- It is the character of the proceeding, rather than the specific items of relief granted, which determines jurisdiction. 1976 Op. Att'y Gen. No. U76-15 (decided under former Code 1933, § 24A-301).

- Juvenile court has exclusive jurisdiction over the following classes of traffic offenders: (1) offenders under the age of 16 who have committed a "juvenile traffic offense"; (2) offenders under the age of 17 who have committed any traffic offense; and (3) offenders under the age of 21 who have committed any traffic offense, and "who committed an act of delinquency before reaching the age of 17 years, and who have been placed under the supervision of the court or on probation to the court." 1985 Op. Att'y Gen. No. U85-18 (decided under former O.C.G.A. § 15-11-5).

- Jurisdiction of superior courts over adoptions does not conflict with the general grant of "exclusive original jurisdiction over juvenile matters" to the juvenile courts. 1976 Op. Att'y Gen. No. U76-15 (decided under former Code 1933, § 24A-301).

Magistrate court judge must be designated to serve as a superior court judge in order to issue arrest warrants, conduct a first appearance hearing, and conduct a preliminary or committal hearing for juveniles prosecuted as adults. 1995 Op. Att'y Gen. No. U95-9 (decided under former O.C.G.A. § 15-11-5).

Magistrate court judge may issue arrest warrants for juveniles charged with an offense enumerated in subparagraph (b)(2)(A) of former O.C.G.A. § 15-11-5 (see now O.C.G.A. § 15-11-560). 1998 Op. Att'y Gen. No. U98-9 (decided under former O.C.G.A. § 15-11-5).

- Although both superior and juvenile courts have jurisdiction to terminate the parent-child relationship, the superior court may do so only in conjunction with an adoption proceeding which has been filed in that court; the juvenile court remains the sole court for initiating a parental termination proceeding if there is no concomitant adoption proceeding in process. 1977 Op. Att'y Gen. No. U77-52 (decided under former Code 1933, § 24A-301).

- No provision of the Interstate Compact on Juveniles has any effect on the jurisdiction and authority of superior courts over matters of adoption. 1976 Op. Att'y Gen. No. U76-15 (decided under former Code 1933, § 24A-301).

- Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., proceeding to a juvenile court. 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-5).

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Infants, § 27 et seq. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 39 et seq.

- 21 C.J.S., Courts, § 11 et seq. 43 C.J.S., Infants, §§ 43, 180 et seq., 287 et seq. 67A C.J.S., Parent and Child, §§ 99 et seq., 122 et seq.

- Uniform Juvenile Court Act (U.L.A.) §§ 3, 4.

- Constitutionality of statute as affected by discrimination in punishments for same offense based upon age, color, or sex, 3 A.L.R. 1614; 8 A.L.R. 854.

Jurisdiction of another court over child as affected by assumption of jurisdiction by juvenile court, 11 A.L.R. 147; 78 A.L.R. 317; 146 A.L.R. 1153.

What constitutes delinquency or incorrigibility, justifying commitment of infant, 45 A.L.R. 1533; 85 A.L.R. 1099.

Power of juvenile court to exercise continuing jurisdiction over infant delinquent or offender, 76 A.L.R. 657.

Enlistment or mustering of minors into military service, 137 A.L.R. 1467; 147 A.L.R. 1311; 148 A.L.R. 1388; 149 A.L.R. 1457; 150 A.L.R. 1420; 151 A.L.R. 1455; 151 A.L.R. 1456; 152 A.L.R. 1452; 153 A.L.R. 1420; 153 A.L.R. 1422; 154 A.L.R. 1448; 155 A.L.R. 1451; 155 A.L.R. 1452; 156 A.L.R. 1450; 157 A.L.R. 1449; 157 A.L.R. 1450; 158 A.L.R. 1450.

Marriage as affecting jurisdiction of juvenile court over delinquent or dependent, 14 A.L.R.2d 336.

Homicide by juvenile as within jurisdiction of a juvenile court, 48 A.L.R.2d 663.

Age of child at time of alleged offense or delinquency, or at time of legal proceedings, as criterion of jurisdiction of juvenile court, 89 A.L.R.2d 506.

Parent's involuntary confinement, for failure to care for child as result thereof, as evincing neglect, unfitness, or the like in dependency or divestiture proceeding, 79 A.L.R.3d 417.

Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.

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

Jurisdiction or power of juvenile court to order parent of juvenile to make restitution for juvenile's offense, 66 A.L.R.4th 985.