2021 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 1 - General Provisions
§ 15-11-16. Commencement of Proceedings

1. A proceeding under this chapter may be commenced:
   1. By an order of transfer of a case from another court as provided in Code Section 15-11-11 or 15-11-567, subsection (f) of Code Section 29-2-6, or subsection (b) of Code Section 29-2-8;
   2. By the summons, notice to appear, or other citation in a proceeding charging a juvenile traffic offense or a violation of the laws, rules, and regulations governing the Department of Natural Resources Game and Fish Division; or
   3. By the filing of a petition for legitimation under Code Section 15-11-11, or in other cases by the filing of a complaint or a petition as provided in Articles 3, 4, 5, 6, 7, 8, and 10 of this chapter.
2. The petition and all other documents in the proceeding shall be entitled "In the interest of ______, a child," except upon appeal.
3. On appeal, the anonymity of a child, and where appropriate, a victim or witness who is under the age of 18 years, shall be preserved by appropriate use of a child's, victim's, or witness's initials as appropriate.

(Code 1981, §15-11-16, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-4/SB 364; Ga. L. 2015, p. 540, § 1-4/HB 361.)

- Commencement of formal proceedings, Uniform Rules for the Juvenile Courts of Georgia, Rule 5.1 et seq.

- For article proposing removal of delinquent or deprived juveniles from the category labeled "defendants," see 23 Mercer L. Rev. 341 (1972).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-801, pre-2000 Code Section 15-11-11 and pre-2014 Code Section 15-11-35, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

- Under O.C.G.A. § 15-11-521(b), the state must file a petition alleging delinquency against a juvenile who is not detained within 30 days of filing of the complaint or seek an extension of that deadline from the juvenile court; if the state misses the 30-day deadline and does not seek an extension, the case must be dismissed without prejudice. In the Interest of M.D.H., 300 Ga. 46, 793 S.E.2d 49 (2016).

- Former Code 1933, § 24A-801 (see now O.C.G.A. § 15-11-16) provided that a proceeding under the Juvenile Code was commenced in cases of alleged delinquency by the filing of a petition when authorized under former Code 1933, § 24A-1601 (see now O.C.G.A. § 15-11-420). Hartley v. Clack, 239 Ga. 113, 236 S.E.2d 63 (1977) (decided under former Code 1933, § 24A-801).

- Juvenile court acquired jurisdiction when a juvenile complaint form was filed in that court, and the superior court correctly transferred the case back to that court after an arrest warrant by the state attempted to establish jurisdiction in the superior court. In re C.R., 263 Ga. 155, 430 S.E.2d 3 (1993) (decided under former O.C.G.A. § 15-11-11).

Juvenile court's issuance of order of detention did not result in that court's taking jurisdiction because only a "petition" within the meaning of the former section could commence a juvenile proceeding. Longshore v. State, 239 Ga. 437, 238 S.E.2d 22 (1977) (decided under former Code 1933, § 24A-801).

Juvenile court retained jurisdiction over the defendant for an offense the defendant committed when the defendant was 16 years old until the entry of the juvenile court's order transferring the case to the superior court. In re D.L., 228 Ga. App. 503, 492 S.E.2d 273 (1997) (decided under former O.C.G.A. § 15-11-11).

- In a deprivation proceeding, a juvenile court erred by failing to address the child's special immigrant juvenile status under 8 U.S.C. § 1101(a)(27)(J)(ii) and a remand was necessary since the juvenile court had to determine whether the evidence supported the findings so that the federal government could address the issue in separate deportation proceedings. In the Interest of J. J. X. C., 318 Ga. App. 420, 734 S.E.2d 120 (2012) (decided under former O.C.G.A. § 15-11-35).

Cited in In the Interest of D. H., 332 Ga. App. 274, 772 S.E.2d 70 (2015).

RESEARCH REFERENCES

C.J.S.

- 43 C.J.S., Infants, § 180 et seq.

- Uniform Juvenile Court Act (U.L.A.) § 8.

- Validity and efficacy of minor's waiver of right to counsel - cases decided since application of Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), 101 A.L.R.5th 351.