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| Georgia General Assembly |
HB127.html
01 HB 127/AP
House Bill 127 (AS PASSED HOUSE
AND SENATE)
By: Representative Squires of the
78th
A BILL TO BE
ENTITLED
AN ACT
To amend Article 1 of Chapter 11 of Title 15 of the Official
Code of Georgia Annotated, relating to juvenile proceedings, so as to restrict
full-time juvenile court judges from serving as a judge in another court; to
clarify the obligation of the district attorney regarding a petition in juvenile
court when the district attorney declines to prosecute certain children in
superior court; to change and reorganize provisions so as to divide into
separate parts those provisions relating to allegedly deprived children and
those provisions relating to allegedly unruly or delinquent children; to conform
cross-references to such changes and reorganization; to change provisions
relating to victim´s impact statements, evidence, and continuances; to
clarify a provision relating to transfer of legal custody of a child back to a
person whose abuse of alcohol or another drug resulted in the child´s
deprivation; to clarify when the juvenile court shall dismiss petitions alleging
delinquency or unruliness; to clarify when the court shall enter orders of
disposition; to clarify provisions relating to the duration of disposition
orders; to provide for sealing records in cases when petitions alleging
delinquency or unruliness have been dismissed or informally adjusted; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to juvenile proceedings, is amended in Part 2,
relating to appointment and jurisdiction, by adding a new subsection (k) to Code
Section 15-11-18, relating to creation of juvenile courts, terms, compensation,
and qualifications of judges, to read as
follows:
"(k)(1)
No person who is serving as a full-time juvenile court judge after appointment
as judge pursuant to this Code section shall at the same time hold the office of
judge of any other class of court of this state.
(2)
The provisions of paragraph (1) of this subsection shall also apply to any
person serving as a juvenile court judge after being elected juvenile court
judge pursuant to a local law authorized by a constitutional amendment providing
for the election of one or more juvenile court
judges.
(3) Nothing in this subsection shall prevent
any duly appointed or elected juvenile court judge from sitting by designation
as a superior court judge pursuant to Code Section 15-1-9.1 or as otherwise
provided by law."
SECTION 2.
Said article is further amended in Part 3, relating to
jurisdiction and venue, by striking in its entirety subparagraph (b)(2)(C) of
Code Section 15-11-28, relating to the jurisdiction of juvenile court, and
inserting in lieu thereof the
following:
"(C)
Before indictment, the district attorney may, after investigation and for
extraordinary cause, decline prosecution in the superior court of a child 13 to
17 years of age alleged to have committed an offense specified in subparagraph
(A) of this paragraph. Upon declining such prosecution in the superior court,
the district attorney shall immediately withdraw the case and lodge
it cause a petition to be filed in the appropriate juvenile
court for adjudication. Any case transferred by the district attorney to the
juvenile court pursuant to this subparagraph shall be subject to the designated
felony provisions of Code Section 15-11-63 and the transfer of the case from
superior court to juvenile court shall constitute notice to the child that such
case is subject to the designated felony provisions of Code Section
15-11-63."
SECTION 3.
Said article is further amended in Part 4, relating to
commencement and conduct of proceedings, by striking in its entirety subsection
(a) of Code Section 15-11-39, relating to the time for the hearing, summons,
waiver of service of the summons, and judicial order to the child´s
parents, guardian, or custodian, and inserting in lieu thereof the
following:
"(a)
After the petition has been filed the court shall fix a time
for set a hearing thereon, which, if the child is in detention,
shall not be later than ten days after the filing of the petition. In the event
the child is not in detention, the court shall fix a time for
set a hearing thereon which shall be not later than 60 days from the date
of the filing of the
petition."
SECTION 4.
Said part of said article is further amended by striking in
its entirety Code Section 15-11-41, relating to the conduct of hearings,
recordation, conduct of delinquency proceedings by the district attorney, victim
impact statements, and deprivation findings, and inserting in lieu thereof the
following:
"15-11-41.
(a)
All hearings shall be conducted by the court without a jury. Any hearing may be
adjourned from time to time within the discretion of the court as set forth in
subsection (d) (b) of Code Section
15-11-56.
(b) Unless waived by the child and
the child´s parent, guardian, or attorney, the The
proceedings shall be recorded by stenographic notes or by electronic,
mechanical, or other appropriate means, unless such recording is waived by
the child and the child´s parent, guardian, or
attorney.
(c) In any proceeding before the
juvenile court, the judge, upon the court´s own motion, may request the
assistance of the district attorney or a member of the district attorney´s
staff to conduct the proceedings on behalf of the petitioner. If for any reason
the district attorney is unable to assist, the judge may appoint legal counsel
for such purpose.
(d) In any delinquency
proceeding in which a petition has been filed, the district attorney or a member
of the district attorney´s staff shall conduct the proceedings on behalf of
the state if requested to do so by the juvenile court if the state is not
otherwise represented by a solicitor of the juvenile court. Notwithstanding any
other provisions of law to the contrary, in any delinquency proceedings
conducted by the district attorney or a member of the district attorney´s
staff, the district attorney or staff member shall be entitled to complete
access to all court files, probation files, hearing transcripts, delinquency
reports, and any other juvenile court records which may be of assistance to the
district attorney or staff member in the conduct of such delinquency
proceedings. It shall be the duty of the clerk and probation officers of the
juvenile court to assist the district attorney or staff member in obtaining any
such files, transcripts, reports, or records, or copies thereof, as may be
requested by the district attorney or staff member. In any such case, the
petition shall be dismissed by the court upon the motion of the district
attorney setting forth that there is not sufficient evidence to warrant the
further conduct of the
proceeding.
(e)(1) In any delinquency
proceeding in which a petition has been filed, the juvenile court shall notify
any victim of a delinquent child´s alleged offense that the victim may
submit a victim impact statement
if:
(A) The delinquent child, in
committing a felony, caused physical, psychological, or economic injury to the
victim; or
(B) The delinquent child,
in committing a misdemeanor, caused serious physical injury or death to the
victim.
(2) A victim impact statement
submitted by a victim shall be attached to the case file and may be used by the
district attorney or the judge during any stage of the proceedings against the
child involving predisposition, disposition, or determination of
restitution.
(3) A victim impact
statement shall:
(A) Identify the
victim of the offense and the
perpetrator;
(B) Itemize any economic
loss suffered by the victim as a result of the
offense;
(C) Identify any physical
injury suffered by the victim as a result of the offense along with its
seriousness and permanence;
(D)
Describe any change in the victim´s personal welfare or familial
relationships as a result of the
offense;
(E) Identify any request for
psychological services initiated by the victim or the victim´s family as a
result of the offense; and
(F)
Contain any other information related to the impact of the offense upon the
victim that the court requires.
(4)
The victim may complete the victim impact statement form and submit such form to
the juvenile court. If the victim is unable to do so because of such
victim´s mental, emotional, or physical incapacity, or because of such
victim´s age, the victim´s attorney or a family member may complete
the victim impact statement form on behalf of the
victim.
(5) The court shall, in the
manner prescribed by rule of court, provide the child with a copy of the victim
impact statement within a reasonable time prior to any hearing at which it is to
be considered and allow the child to have the opportunity to rebut the
victim´s written statements.
(6)
No disposition of the child shall be invalidated because of failure to comply
with the provisions of this Code section. This Code section shall not be
construed to create any cause of action or any right of appeal on behalf of any
person.
(f) At any hearing on a
petition alleging deprivation of a child, the court shall make and file its
findings as to whether the child is a deprived child, as defined in paragraph
(8) of Code Section 15-11-2, and whether such deprivation is found to have been
the result of alcohol or other drug
abuse."
SECTION 5.
Said article is further amended in Part 6, relating to
deprivation, by inserting a new Code section to be designated Code Section
15-11-54 to read as
follows:
"15-11-54.
(a)
Findings. After hearing the evidence on any petition alleging
deprivation, the court shall make and file its findings as to whether the child
is a deprived child. If the court finds that the child is not a deprived child,
it shall dismiss the petition and order the child discharged from any detention
or other restriction theretofore ordered in the
proceeding.
(b) Findings with regard to result of
alcohol abuse or drug abuse. If the court finds that a child is deprived,
the court shall also make and file a finding as to whether such deprivation is
the result of alcohol abuse or drug abuse by a parent or
guardian.
(c) Disposition. The court shall
proceed immediately or at a postponed hearing to make a proper disposition of
the case in accordance with Code Section 15-11-55 if the court finds from clear
and convincing evidence that the child is
deprived."
SECTION 6.
Said part of said article is further amended in Code Section
15-11-55, relating to the disposition of a deprived child, by striking in its
entirety subsection (e) and inserting in lieu thereof the
following:
"(e)
If a child is found to be a deprived child and the deprivation is found to have
been the result of alcohol or other drug abuse by a parent or guardian,
as specified in subsection (f) (b) of Code Section
15-11-41 15-11-54, and the court orders transfer of
temporary legal custody of the child, as provided in paragraph (2) of subsection
(a) of this Code section, the court is authorized to further order that legal
custody of the child may not be transferred back to the person having
custody of the child when the deprivation occurred child´s
custodian or guardian whose abuse of alcohol or another drug resulted in the
child´s deprivation unless such person undergoes substance abuse
treatment and random substance abuse screenings and those screenings remain
negative for a period of no less than six consecutive
months."
SECTION 7.
Said part of said article is further amended by striking in
its entirety Code Section 15-11-56, relating to court findings, disposition,
evidence, continuances, and scheduling, and inserting in lieu thereof the
following:
"15-11-56.
(a)
Findings. After hearing the evidence on any petition alleging
delinquency, unruliness, or deprivation, the court shall make and file its
findings as to whether the child is a deprived child or, if the petition alleges
that the child is delinquent or unruly, after hearing the evidence the court
shall make and file its findings as to whether the acts ascribed to the child
were committed by the child. If the court finds that the child is not a
deprived child or that the allegations of delinquency or unruly conduct have not
been established, it shall dismiss the petition and order the child discharged
from any detention or other restriction theretofore ordered in the
proceeding.
(b) Disposition.
The court shall proceed immediately or at a postponed hearing to make a proper
disposition of the case if the court finds from clear and convincing evidence
that the child:
(1) Is
deprived;
(2) Is in need of treatment
or rehabilitation as a delinquent child;
or
(3) Is in need of treatment or
rehabilitation or supervision as an unruly
child.
(c)(a)
Evidence. In dispositional hearings under subsection
(b) (c) of this Code
section Section 15-11-54 and in all proceedings
involving custody of a child, all information helpful in determining the
questions presented, including oral and written reports, may be received by the
court and relied upon to the extent of its probative value even though not
otherwise competent in the hearing on the petition. The parties or their
counsel shall be afforded an opportunity upon request to examine and controvert
written reports so received and to cross-examine individuals making the reports,
except that portions of such reports not relied on by the court in reaching its
decision which, if revealed, would be prejudicial to the interests of the child
or any party to the proceeding may be withheld in the court´s discretion.
Confidential sources of information need not be
disclosed.
(d)(b)
Continuances; scheduling. On its own motion or that of a party, the
court may continue the hearings under subsection (c) of
this Code section Section 15-11-54 for
a reasonable period to receive reports and other evidence bearing on the
disposition or the child´s need for treatment or
rehabilitation of a child. In this event, the court shall make
an appropriate order for detention protection of the
child or for the child´s release from detention subject to
supervision of the court during the period of the continuance. In
scheduling investigations and hearings, the court shall give priority to
proceedings in which a child is in detention or has otherwise
has been removed from his or her home before an order of disposition has
been made."
SECTION 8.
Said part of said article is further amended in Code Section
15-11-58, relating to family reunification, reports and plans, custody orders,
duration of orders, review of determinations, hearings, and supplemental orders,
by striking in its entirety paragraph (2) of subsection (n) and inserting in
lieu thereof the
following:
"(2)
Reasonable notice of the factual basis of the motion and of the hearing and
opportunity to be heard are given to the parties affected,
including and to the foster parents, if any, of a child and any
preadoptive parent or relative providing care for the child.
except that this This provision shall not be construed
to require that any foster parent, preadoptive parent, or relative providing
care for the child be made a party to such a review or hearing solely on the
basis of such notice and opportunity to be heard;
and".
SECTION 9.
Said part of said article is further amended by striking in
their entirety subsections (o), (p), and (q) of Code Section 15-11-58, relating
to family reunification, reports and plans, custody orders, duration of orders,
review of determinations, hearings, and supplemental orders, and inserting in
lieu thereof the following:
"15-11-58.1.
(o)(a)
Except as otherwise provided by law, any other order of disposition in a
proceeding involving delinquency, unruliness, or deprivation,
except in an order involving the appointment of a guardian of
the person or property of a child, continues in force for not more than two
years. The court may sooner terminate its order or extend its duration for
further periods. An order of extension may be made
if:
(1) A hearing is held prior to the expiration of
the order upon motion of a party or on the court´s own
motion;
(2) Reasonable notice of the factual basis of
the motion and of the hearing and opportunity to be heard are given to the
parties affected;
(3) The court finds that the
extension is necessary to accomplish the purposes of the order extended;
and
(4) The extension does not exceed two years from
the expiration of the prior
order.
(p)(b) Except
as provided in Code Section 15-11-70, the The court may
terminate an order of disposition of a child adjudicated as deprived or
an extension of such a disposition order prior to its expiration,
on or without an application of a party, if it appears to the court that the
purposes of the order have been
accomplished.
(q)(c) Unless
otherwise provided by law, when the a child who has
been adjudicated as deprived reaches 21 years of age all orders affecting
him or her then in force terminate and he or she is discharged from further
obligation or
control."
SECTION 10.
Said article is further amended in Part 7, relating to
delinquency and unruliness, by inserting two new Code sections to be designated
Code Sections 15-11-64.1 and 15-11-64.2 to read as follows:
"15-11-64.1.
In
any delinquency proceeding in which a petition has been filed, the district
attorney or a member of the district attorney´s staff shall conduct the
proceedings on behalf of the state if requested to do so by the juvenile court
if the state is not otherwise represented by a solicitor of the juvenile court.
Notwithstanding any other provisions of law to the contrary, in any delinquency
proceedings conducted by the district attorney or a member of the district
attorney´s staff, the district attorney or staff member shall be entitled
to complete access to all court files, probation files, hearing transcripts,
delinquency reports, and any other juvenile court records which may be of
assistance to the district attorney or staff member in the conduct of such
delinquency proceedings. It shall be the duty of the clerk and probation
officers of the juvenile court to assist the district attorney or staff member
in obtaining any such files, transcripts, reports, or records, or copies
thereof, as may be requested by the district attorney or staff member. In any
such case, the petition shall be dismissed by the court upon the motion of the
district attorney setting forth that there is not sufficient evidence to warrant
the further conduct of the
proceeding.
15-11-64.2.
(a)
In any delinquency proceeding in which a petition has been filed, the juvenile
court shall notify any victim of a delinquent child´s alleged offense that
the victim may submit a victim impact statement if:
(1)
The allegedly delinquent child, in conduct which would constitute a felony if
committed by an adult, caused physical, psychological, or economic injury to the
victim; or
(2) The allegedly delinquent child, in
conduct which would constitute a misdemeanor if committed by an adult, caused
serious physical injury or death to the victim.
(b) A
victim impact statement submitted by a victim shall be attached to the case file
and may be used by the district attorney or the judge during any stage of the
proceedings against the child involving predisposition, disposition, or
determination of restitution.
(c) A victim impact
statement shall:
(1) Identify the victim of the
offense and the perpetrator;
(2) Itemize any economic
loss suffered by the victim as a result of the
offense;
(3) Identify any physical injury suffered by
the victim as a result of the offense along with its seriousness and
permanence;
(4) Describe any change in the
victim´s personal welfare or familial relationships as a result of the
offense;
(5) Identify any request for psychological
services initiated by the victim or the victim´s family as a result of the
offense; and
(6) Contain any other information related
to the impact of the offense upon the victim that the court
requires.
(d) The victim may complete the victim
impact statement form and submit such form to the juvenile court. If the victim
is unable to do so because of such victim´s mental, emotional, or physical
incapacity, or because of such victim´s age, the victim´s attorney or
a family member may complete the victim impact statement form on behalf of the
victim.
(e) The court shall, in the manner prescribed
by rule of court, provide the child with a copy of the victim impact statement
within a reasonable time prior to any hearing at which it is to be considered
and allow the child to have the opportunity to rebut the victim´s written
statements.
(f) No disposition of the child shall be
invalidated because of failure to comply with the provisions of this subsection.
This subsection shall not be construed to create any cause of action or any
right of appeal on behalf of any
person."
SECTION 11.
Said article is further amended in said part by striking in
its entirety Code Section 15-11-65, relating to disposition hearings for
delinquent or unruly children and evidence, and inserting in lieu thereof the
following:
"15-11-65.
(a)
Dispositional hearing for delinquent or unruly child. If the court finds
on proof beyond a reasonable doubt that the child committed the acts by reason
of which he or she is alleged to be delinquent or unruly, it shall proceed
immediately or at a later time to conduct a dispositional hearing for the
purpose of hearing evidence as to whether the child is in need of treatment,
rehabilitation, or supervision and shall make and file its findings thereon.
If the court finds that the allegations of delinquency or unruly conduct have
not been established, it shall dismiss the petition and order the child
discharged from any detention or other restriction theretofore ordered in
relation to the allegations. If the child is to be held in custody at a
detention facility between the adjudicatory hearing and the dispositional
hearing, the court shall conduct the dispositional hearing within 30 days of the
adjudicatory hearing. If the dispositional hearing is conducted more
than 30 days after the adjudicatory hearing, unless the court
shall make and file makes and files written findings of
fact explaining the need for the delay. In the absence of evidence to the
contrary, evidence sufficient to warrant a finding that acts have been committed
which constitute a felony is also sufficient to sustain a finding that the child
is in need of treatment or rehabilitation. If the court finds that the child is
not in need of treatment, rehabilitation, or supervision, it shall dismiss the
proceeding and discharge the child from any detention or other restriction
theretofore ordered.
(b) Evidence. In
dispositional hearings under subsection (a) of this Code section and in all
proceedings involving custody of a child, all information helpful in determining
the questions presented, including oral and written reports, may be received by
the court and relied upon to the extent of its probative value even though not
otherwise competent in the hearing on the petition. The parties or their
counsel shall be afforded an opportunity upon request to examine and controvert
written reports so received and to cross-examine individuals making the reports,
except that portions of such reports not relied on by the court in reaching its
decision which, if revealed, would be prejudicial to the interests of the child
or any party to the proceeding may be withheld in the court´s discretion.
Confidential sources of information need not be
disclosed.
(c) Continuances; scheduling. On
its own motion or that of a party, the court may continue the hearings under
this Code section for a reasonable period to receive reports and other evidence
bearing on the disposition or the child´s need for treatment or
rehabilitation. In this event, the court shall make an appropriate order for
detention of the child or for the child´s release from detention subject to
supervision of the court during the period of the continuance. In scheduling
investigations and hearings, the court shall give priority to proceedings in
which a child is in detention or has otherwise been removed from his or her home
before an order of disposition has been
made."
SECTION 12.
Said article is further amended in said part by striking in
its entirety Code Section 15-11-66, relating to disposition of delinquent
children, and inserting in lieu thereof the following:
"15-11-66.
(a)
At the conclusion of the adjudicatory hearing dispositional
hearing provided in subsection (a) of Code Section 15-11-65, if the child is
found to have committed a delinquent act and is subsequently determined to be in
need of treatment or rehabilitation, the court may make any of the following
orders of disposition best suited to the child´s treatment, rehabilitation,
and welfare:
(1) Any order authorized by Code Section
15-11-55 for the disposition of a deprived child;
(2)
An order placing the child on probation under conditions and limitations the
court prescribes, under the supervision of:
(A) The
probation officer of the court or the court of another state as provided in Code
Section 15-11-89;
(B) Any public agency authorized by
law to receive and provide care for the child; or
(C)
The chief executive officer of any community rehabilitation center acknowledging
in writing such officer´s willingness to accept the responsibility for the
supervision of the child;
(3) An order placing the
child in an institution, camp, or other facility for delinquent children
operated under the direction of the court or other local public
authority;
(4) An order committing the child to the
Department of Juvenile Justice;
(5) An order requiring
that the child make such restitution as defined in paragraph (7) of Code Section
17-14-2. Such order may remain in force and effect simultaneously with any
other order of the court, including, but not limited to, an order of commitment
to the Department of Juvenile Justice. While an order requiring restitution is
in effect, the enforcement thereof may be transferred to the Department of
Juvenile Justice. In the event that the child changes his or her place of
residence while the order is still in effect, the court may transfer enforcement
of its order to the juvenile court of the county of the child´s residence
and its probation staff; however, no order of restitution shall be enforced
while such child is in placement at a youth development center unless the
commissioner of juvenile justice certifies that a restitution program is
available at such facility. Payment of funds under this paragraph shall be made
by the child or the child´s family or employer directly to the clerk of the
juvenile court entering the order or another employee of that court designated
by the judge, and that court shall disburse such funds in the manner authorized
in the order;
(6) An order requiring that the child
perform community service in a manner prescribed by the court and under the
supervision of an individual designated by the court;
or
(7) An order requiring the child to remit to the
general fund of the county a sum not to exceed the maximum applicable to an
adult for commission of any of the following offenses: homicide by vehicle,
manslaughter resulting from the operation of a motor vehicle, any felony in the
commission of which a motor vehicle is used, hit and run or leaving the scene of
an accident, racing on highways or streets, using a motor vehicle in fleeing or
attempting to elude an officer, fraudulent or fictitious use of a license,
driving under the influence of alcohol or drugs, possession of controlled
substances or marijuana, driving without proof of minimum required motor vehicle
insurance, or any violation of the Code sections contained in Title 40 which is
properly adjudicated as a delinquent act.
(b) At the
conclusion of the adjudicatory hearing dispositional hearing
provided in subsection (a) of Code Section 15-11-65, if the child is found
to have committed a delinquent act, the court may, in addition to any other
treatment or rehabilitation, suspend the driver´s license of such child for
any period not to exceed the date on which the child becomes 18 years of age or,
in the case of a child who does not have a driver´s license, prohibit the
issuance of a driver´s license to such child for any period not to exceed
the date on which the child becomes 18 years of age. The court shall retain the
driver´s license for a period of suspension and return it to the offender
at the end of such period. The court shall notify the Department of Public
Safety of any such actions taken pursuant to this subsection. If the child is
adjudicated for the commission of a delinquent act, the court may in its
discretion, in addition to any other treatment or rehabilitation, order the
child to serve up to a maximum of 90 days in a youth development center, or
after assessment and with the court's approval, in a treatment program provided
by the Department of Juvenile Justice or the juvenile court
.
(b.1) Notwithstanding the provisions of subsections
(a) and (b) of this Code section, at the conclusion of the adjudicatory
hearing dispositional hearing provided in subsection (a) of Code
Section 15-11-65, if the child is found to have committed a delinquent
offense which would be a violation of subsection (k) of Code Section 40-6-391 if
committed by an adult, the court shall make an order of disposition which, for
purposes of the child´s rehabilitation, imposes the same penalty, period of
confinement, and period of community service provided in Code Section 40-6-391
which are applicable to an adult convicted of violating subsection (k) of Code
Section 40-6-391, with any such period of confinement to be served in an
institution, camp, or other facility for delinquent children operated under the
direction of the court or other local public authority or, if no such facility
is available, in a regional youth detention center, provided that such child
shall be kept segregated from all children other than those confined for
violating subsection (k) of Code Section 40-6-391. A previous finding that the
child committed such a delinquent offense shall be deemed a previous conviction
for purposes of this subsection. The judge shall have the same authority and
discretion regarding allowing service of confinement on weekends or during
nonworking hours as is provided under subsection (a) of Code Section
17-10-3.1.
(c) In any case in which a child who has
not achieved a high school diploma or the equivalent is placed on probation, the
court may require as a condition of probation that the child pursue a course of
study designed to lead to achieving a high school diploma or the equivalent;
and, in any case in which such a condition of probation may be imposed, the
court shall give express consideration to whether such a condition should be
imposed."
SECTION 13.
Said article is further amended in said part by striking in
its entirety Code Section 15-11-70, relating to duration, termination, and
extensions of disposition orders for delinquent or unruly children, and
inserting in lieu thereof the
following:
"15-11-70.
(a)
Except as otherwise provided by law, an order of disposition committing a
delinquent or unruly child to the Department of Juvenile Justice continues in
force for two years or until the child is sooner discharged by the Department of
Juvenile Justice. The court which made the order may extend its duration for an
additional two years subject to like discharge, if:
(1)
A hearing is held upon motion of the Department of Juvenile Justice prior to the
expiration of the order;
(2) Reasonable notice of the
factual basis of the motion and of the hearing and an opportunity to be heard
are given to the child and the parent, guardian, or other custodian;
and
(3) The court finds that the extension is
necessary for the treatment or rehabilitation of the
child.
(b) Except as otherwise provided by law, any
other order of disposition in a proceeding involving delinquency or unruliness,
except an order involving the appointment of a guardian of the person or
property of a child, continues in force for not more than two years. The court
may sooner terminate its order or extend its duration for further periods. An
order of extension may be made if:
(1) A
hearing is held prior to the expiration of the order upon motion of a party or
on the court´s own motion;
(2) Reasonable
notice of the factual basis of the motion and of the hearing and opportunity to
be heard are given to the parties affected;
(3)
The court finds that the extension is necessary to accomplish the purposes of
the order extended; and
(4) The extension does
not exceed two years from the expiration of the prior
order.
(c) The court may terminate an order of
disposition of a child adjudicated as delinquent or unruly or an extension of
such a disposition order prior to its expiration, on or without an application
of a party, if it appears to the court that the purposes of the order have been
accomplished.
(d) Unless otherwise provided by
law, when a child who has been adjudicated as delinquent or unruly reaches 21
years of age all orders affecting him or her then in force terminate and he or
she is discharged from further obligation or
control."
SECTION 14.
Said article is further amended in Part 8, relating to
access to records and hearings, by striking in its entirety subsection (b) of
Code Section 15-11-79, relating to inspection of court files and records, and
inserting in lieu thereof the
following:
"(b)
Subject to the requirements of subsection (c) (a) of
Code Section 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section
15-11-79.2, the general public shall be allowed to inspect court files and
records for cases arising under Code Section 15-11-73 or any complaint,
petition, or order from any case that was open to the public pursuant to
subsection (b) of Code Section 15-11-78. The general public shall be allowed to
inspect court files and records for proceedings involving a legitimation
petition under the jurisdiction of the juvenile court pursuant to paragraph (1)
or (2) of subsection (e) of Code Section
15-11-28."
SECTION 15.
Said article is further amended in said part in Code Section
15-11-79.2, relating to sealing records, by striking subsection (b), by
redesignating subsections (a), (c), and (d) as subsections (b), (d), and (e),
respectively, and by inserting the following new
subsections:
"(a)
Upon dismissal of a petition or complaint alleging delinquency or unruliness,
or, in a case handled through informal adjustment, following completion of the
informal adjustment, the court shall order the sealing of the files and records
in the case, including those specified in Code Sections 15-11-82 and
15-11-83."
"(c)
Reasonable notice of the hearing required by subsection (b) of this Code section
shall be given to:
(1) The district
attorney;
(2) The authority granting the discharge if
the final discharge was from an institution or from parole;
and
(3) The law enforcement officers or department
having custody of the files and records if the files and records specified in
Code Sections 15-11-82 and 15-11-83 are included in the application or
motion."
SECTION 16.
All laws and parts of laws in conflict with this Act are
repealed.