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.
_______________________________________________________________________________ *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.
