Glossary of Terms

Adjudication
The pronouncing of a judgment in a case. As an example, the judge adjudicates a case when the judge decides whether the allegations in the petition are true or not.

Arraignment
A hearing at which one is advised of the charges that have been filed in one's interest, is advised of one's rights, and is offered a opportunity to remain silent or to admit or deny the charges.

Child
A person who is under 17 years of age; or a person under 21 years of age who committed an act of delinquency before reaching 17 years and who has been placed under supervision by the court or on probation to the court; or a person under 18 years who is alleged to be a deprived child. (See Georgia Code Section 15-11-2)

Delinquent Act
An act that is designated a crime; an act of disobeying the terms of supervision contained in a court order directed to a child who has been adjudged to have committed a delinquent act. (See Georgia Code Section 15-11-2)

Delinquent child
A child who has committed a delinquent act and is in need of treatment or rehabilitation. (See Georgia Code Section 15-11-2)

Deprived Child
One who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for one's physical, mental or emotional health or morals; or one who has been placed for care or adoption in violation of law; or one who has been abandoned by parents or other legal custodian; or one who is without a parent, guardian or custodian. (See Georgia Code Section 15-11-2)

Additional Resources:

Prevent Child Abuse Georgia
404-870-6565 (metro Atlanta) or 1-800-CHILDREN (throughout Georgia)

Georgia Division of Family and Children Services (DFCS)
DFCS Web site

Georgia Supreme Court - Child Placement Project
Web site

Designated Felony
A list of particularly egregious offenses that may result in incarceration of a child for up to five years. (See Georgia Code Section 15-11-37)

Detention
A place of confinement for juvenile offenders. In Georgia the places of detention are operated by the Georgia Department of Juvenile Justice.

Disposition
Deciding what to do about a case that has been adjudicated. In adult criminal court the equivalent is a sentencing hearing.

Petition
A formal written document that sets out the allegations of one Party to a case against another. (See Georgia Code Section 15-11-25)

Records
All deprived children, unruly children and first offender delinquent children (except designated felons) have a right to limited confidentiality of their records. The public has access to the complaint, petition and dispositional order of any child who has been previously adjudicated delinquent and commits a second delinquent offense, or of any child who is charged with a designated felony.

Status Offender
A juvenile who is charged with an offense which would not be a crime if committed by an adult. Such offenses include but are not limited to truancy, running away from home, incorrigibility, and unruly behavior. More

Taking into custody
To deprive a person of liberty by legal authority. Children are not arrested but they may be "taken into custody."

Unruly Child
One who has violated a law that is applicable only to a child. Such offenses include but are not limited to truancy, running away from home, curfew violation, being habitually disobedient of the reasonable and lawful commands of one's parent. (See Georgia Code Section 15-11-2)

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Status Offenders
A Status Offender is a juvenile who is charged with an offense which would not be a crime if committed by an adult. Such offenses include but are not limited to truancy, running away from home, incorrigibility, and unruly behavior.

An Unruly Child is one who is: A) subject to compulsory school attendance and is habitually and without justification truant from school; B) habitually disobedient of the reasonable and lawful commands of the child's parent, guardian, or other custodian and is ungovernable; C) has committed an offense which is applicable only to a child; D) without just cause and without the consent of the child's parent or legal custodian deserts the child's place of abode; E) wanders or loiters about the streets of any city, or in or about any highway or any public place, between the hours of 12:00 midnight and 5:00 a.m.; F) disobeys the terms of supervision contained in a court order which has been directed to such child, who has been adjudicated unruly; G) patronizes any bar where alcoholic beverages are being sold, unaccompanied by such child's parent, guardian or custodian; and, in any of the foregoing, is in need of supervision, treatment, or rehabilitation.

Unruly cases begin by a person filing a complaint with the Court alleging that the child has committed a status offense. The child may or may not be placed in the Youth Detention Center. The Juvenile Court Intake Officer will investigate the case and determine whether it is in the child's interest to file a formal Petition or may decide to divert the case or dismiss it. If a Petition is filed it will be given to the child and parent, the case will be scheduled for an arraignment hearing at which the child and the child's parent or guardian will be advised of the child's rights by a judge. The child may then be asked whether the child admits or denies the Petition (unless the child elects to remain silent). If the child denies the Petition or remains silent the case will be scheduled for a trial at a later date. If the child admits the Petition the Court may dispose of the case at that time or may refer the child to a Probation/Intake Officer and schedule the disposition hearing at a later time.

Status offenders are subject to any disposition allowed by law, including commitment to the Department of Juvenile Justice for a period of two years.

All Status Petitions are prosecuted by the District Attorney of Cobb County. The Honorable Pat Head is the elected District Attorney.

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Child Deprivation Cases
A deprived child is one who is: A) without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health or morals; or, B) has been placed for care or adoption in violation of law; or C) has been abandoned by parents or other legal custodian; or D) is without a parent, guardian, or custodian.

The safety and well-being of deprived children is within the jurisdiction of the Juvenile Court. The prosecution of parents or others who deprive children is a matter for the adult courts.

Most child deprivation complaints are filed by the Cobb County Department of Family and Children Services (DFCS). DFCS will be represented in Court by the Georgia Attorney General's Office.

Children who are the subject to a complaint alleging deprivation have a right to be represented in Court by a guardian ad litem, a person who has a responsibility to investigate the case and recommend an outcome that is in the best interest of the child. Court Appointed Special Advocates (CASA) may be assigned to assist deprived children.

The legal parent of a child who is alleged to be deprived has a right to be represented by counsel in a child deprivation case. If the parent cannot afford to hire counsel without undue financial hardship the Court will appoint counsel free of charge.

If the child is adjudicated deprived, it is the Court's obligation to reunite a deprived child with the child's family when it can be safely and effectively done. Parents do not have an absolute right to have their child returned to them and many children are ordered into the custody of third parties temporarily. Frequently the Court will fashion an order that allows the family to correct the deficiencies in care that brought the child to the attention of the Court. The efficacy of the order and the progress of the family in correcting these deficiencies will be monitored by the Court and the Citizen Review Panels. Once the deficiencies have been corrected the Court will return the child to a safe home.

If a child has been adjudicated to be a deprived child and the family cannot provide a safe and permanent home for the child in a reasonable time, the Court has the authority to hear and decide a separate action to terminate parental rights to the child. If the parental rights are terminated the child may be made available for adoption by a suitable family.

Recent changes in federal and state law have shortened the time available for parents to correct their parenting deficiencies. They have also limited the state's obligation to provide services to parents who have grievously mistreated a child or who have not complied with Court orders designed to reunify the family. The purpose of the laws is to recognize the importance of a child growing up in a permanent, safe and loving family and to prevent a child from languishing in foster care.

Points of Contact:

Georgia Division of Family and Children Services (DFCS)
DFCS Web site

Georgia Supreme Court - Child Placement Project
Web site

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Delinquency Cases
A delinquent act is a violation of a law that would be a crime if committed by an adult. A delinquent child is one who has committed a delinquent act and is in need of treatment and rehabilitation or supervision by the Court.

The consequences of adjudication for a delinquent act vary according to the act, the needs of the child and the needs of the community. If the child is acquitted or found not to be in need of treatment or rehabilitation or supervision the case will be dismissed. Some delinquent acts are disposed of through Diversion, Informal Adjustment or Mediation. If the child is adjudicated delinquent the Court may dispose of the case in any way authorized by law, including placing the child on probation, incarcerating the child for up to ninety days, or committing the child to the custody of the Department of Juvenile Justice for a period of two years.

Any delinquent act that includes possession of drugs, including marijuana, will result in the mandatory suspension of the child's driving privileges.

There is a category of serious offenders called Designated Felons. These offenders are described in Georgia Code Section 15-11-37. They are generally persons who are repeat offenders or have committed offenses that are particularly dangerous to the community. After adjudication, the Court may require that these offenders be committed to the Department of Juvenile Justice for up to five years and may order that they be incarcerated for the entire time.

If a child is at least 15 years old and is charged with any delinquent act, or is 13 or 14 years old and is charged with committing and act for which the punishment is loss of life or confinement for life in a penal institution, the child may be subject to a Juvenile Court hearing to determine whether to transfer the child to Superior Court for trial as an adult. If transferred and convicted in Superior Court the child will be punished as an adult.

The Juvenile Court does not have jurisdiction of seven specific offenses if the child is accused of any of them is 13 to 17 years old at the time of the offense. Those offenses include: Murder, Voluntary Manslaughter, Rape, Aggravated Sodomy, Aggravated Child Molestation, Aggravated Sexual Battery, or Armed Robbery if committed with a firearm. Each of the above offenses are within the original jurisdiction of the Superior Court.

Delinquency cases begin by a person filing a complaint with the Court alleging that the child has committed a delinquent act. The child may or may not be placed in the Youth Detention Center. The Juvenile Court Intake Officer will investigate the case and determine whether it is in the child's interest to file a formal Petition. The Officer may decide to divert the case or dismiss it. If a Petition is filed it will be given to the child and parent, the case will be scheduled for an arraignment hearing at which the child and the child's parent or guardian will be advised of the child's rights by a judge. The child may then be asked whether the child admits or denies the Petition (unless the child elects to remain silent). If the child denies the Petition or if the child remains silent the case will be scheduled for a trial at a later date. If the child admits the Petition the Court may dispose of the case at that time or may refer the child to the Intake/Disposition Officer and schedule the matter for disposition at a later time.

All delinquency Petitions are prosecuted by the District Attorney of Cobb County. The Honorable Pat Head is the elected District Attorney.

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