JUSTGeorgia - Brief Summary of Proposed Model Juvenile Code

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Brief Summary of Proposed Model Juvenile Code
The Juvenile Code refers to a series of articles within Title 15, Chapter 11 of the Official Code of Georgia pertaining to juvenile delinquency and child abuse and neglect, or deprivation as it is called in Georgia. The Model Juvenile Code introduced by the State Bar of Georgia Young Lawyers Division Juvenile Law Committee and JUSTGeorgia is a complete overhaul of Title 15 intended to:

1. Update, organize and bring structure to a code first introduced in 1971 and subsequently revised with amendments in hodge-podge fashion.
2. Provide clarified and updated terminology.
3. Make the code easier to read and use.
4. Reflect current scientific research and best practices.

Differences in the proposed Model Juvenile Code compared with the existing code are largely structural, stylistic, and organizational. The Model Juvenile Code is made up of 13 articles: (1) general provisions; (2) juvenile court administration; (3) deprivation (child abuse and neglect) proceedings; (4) termination of parental rights; (5) independent living services; (6) child in need of supervision or CHINS (includes mental health plans for youth found not competent); (7) delinquency; (8) competency in delinquency cases; (9) parental notification; (10) access to hearings and records; (11) emancipation; (12) Office of the Child Advocate; (13) juvenile crime prevention councils.

The Model Juvenile Code is based on contemporary best practices and evidence-based policies of other states. Changes are reflected in such areas as:

•   Definition of a child
•   Child’s right to council
•   Electronic recordings of custodial interrogations
•   Reinstatement of parental rights
•   Creation of Child in Need of Services (CHINS) provision
•   Competency in delinquency cases

Key substantive revisions in the proposed Model Juvenile Code:

(1) Raising from age 17 to 18 the jurisdictional age for a person to be defined as a child or minor
   The Model Juvenile Code defines a child as someone under 18 years of age for juvenile court jurisdiction. Currently Georgia’s Juvenile Code does not provide clear and consistent definitions for a child. For example, Section 15-11-2 provides three separate definitions for the word “child” that involve various combinations of ages, statuses, and offenses.

(2) Repeal of mandatory transfers to superior court from juvenile court; and minimum sentencing for minors who commit certain offenses*
   The Model Juvenile Code repeals the automatic waiver, mandatory transfer, and mandatory minimum requirements for violent youthful offenders* and replaces these provisions with a strong transfer statute that keeps original jurisdiction with the juvenile court. The current mandatory transfer and minimum sentencing provisions for juvenile offenders predates the latest research on adolescent brain development, has been shown to increase recidivism, and disproportionately impacts African American and Latino youth.

(3) Clarifying a child’s right to counsel
   The Model Juvenile Code will make clear that children have a right to counsel at all stages of delinquency and deprivation proceedings. This right cannot be waived. Currently, Georgia’s Juvenile Code and supporting case law allows waiver of council in delinquency matters, and the current code is unclear as to a child’s right to counsel in deprivation matters. (Although see Kenny A. v. Perdue, No. 1:02-cv-1686-MHS (N.D. Ga. December 13, 2004) (Order denying State Defendants' motion for summary judgment finding that children have a statutory and state constitutional right to counsel in child abuse and neglect proceedings).

(4) Reinstatement of parental rights
   The Model Juvenile Code will allow for the reinstatement of parental rights post termination of parental rights in certain limited circumstances. The classic case would be a case of a drug addicted parent whose parental rights are terminated, but the child is never adopted. Should the parent become sober and stable at some later date, the Model Juvenile Code would allow the court to reinstate the parental relationship. Under current law, reinstatement of parental rights is not possible.

(5) CHINS
   The Model Juvenile Code will create a Child In Need of Services or CHINS article. CHINS statutes are common in other states. The proposed CHINS article will replace current provisions related to unruly children and status offenders. In addition, children who are found not competent will remain under court jurisdiction as a Child in Need of Supervision.

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*Repeals portions of Senate Bill 440 (SB440), passed in 1994, which is codified in O.C.G.A. Sec. 15-11-28 (b) (2) (A), giving the superior court exclusive jurisdiction over children ages 13-17 who are alleged to have committed one of the following offenses:
Murder
Voluntary Manslaughter
Rape
Aggravated Sodomy
Aggravated Child Molestation
Aggravated Sexual Battery
Armed Robbery if committed with a firearm.

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