The two major branches of juvenile law are delinquency and deprivation. A child may be deemed deprived up to the age of eighteen. A child may be adjudicated delinquent for his or her acts committed up to the age of seventeen. If a child breaks the law in Georgia and is age seventeen or older, the child is considered an adult for purposes of prosecution.
DELINQUENCY
When a person under the age of 17 commits either a status offense (for example, an offense that only a person under age can commit, such as truancy, running away from home, incorrigibility, and unruly behavior) or an offense that would be a crime if committed by an adult, he or she will be subject to the jurisdiction of the juvenile court.
In Georgia, a child is never “found guilty.” Instead, he or she is “adjudicated delinquent” and receives consequences for that adjudication. The purpose of juvenile court is treatment and rehabilitation. If a child is in need of supervision, treatment, or rehabilitation because of the delinquent act, the court will ensure that, if adjudicated delinquent, the child will receive services to treat the behavior or consequences to correct the behavior and deter future delinquent acts.
A child alleged to have committed a delinquent act is entitled to an attorney for his or her offense. When the child wishes to have representation by an attorney but cannot afford one, or the child’s parents refuse to retain one, the child may ask for a public defender for his or her defense. In any case, the child can also have his or her parents hire an attorney for the child.
DEPRIVATION
A deprived child is one found within the state of Georgia without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health or morals; or a child who has been placed for care or adoption in violation of law; or who has been abandoned by his or her parents or other legal custodian; or is without a parent, guardian, or custodian.
Deprivation cases are often brought before the court because of an investigation by the Department of Family and Children Service (DFCS) due to an allegation of abuse or neglect. The child in such a proceeding has a right to counsel, often times receiving an attorney Guardian ad Litem who will advocate for the best interests of the child. The parent or parents who is/are alleged to have caused the deprivation is also entitled to counsel. If the parents cannot afford counsel, they can apply to have an attorney appointed for purposes of the deprivation matter.
If you are in need of assistance in a juvenile court matter, please contact the office to schedule a free 30-minute consultation.