Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 6. DELINQUENCY · Part 3. CUSTODY AND RELEASE OF CHILD

15-11-501. Taking child into custody; notice to custodian; notification of prosecuting attorney.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
An alleged delinquent child may be taken into custody:#
1. (1)
  Pursuant to an order of the court under this article, including an order to a DJJ employee to apprehend:#
  (A)
  When he or she has escaped from an institution or facility operated by DJJ; or#
  (B)
  When he or she has been placed under supervision and has violated its conditions;#
2. (2)
  Pursuant to the laws of arrest; or#
3. (3)
  By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that a child has committed a delinquent act.#
(b)
A law enforcement officer taking a child into custody shall promptly give notice together with a statement of the reasons for taking such child into custody to his or her parent, guardian, or legal custodian and to the court.#
(c)
When a child who is taken into custody has committed an act which would constitute a felony if committed by an adult, the juvenile court, within 48 hours after it learns of such child having been taken into custody, shall notify the prosecuting attorney of the judicial circuit in which the juvenile proceedings are to be instituted.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-11-501, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Cross references

Exercise of power of arrest generally, § 17-4-1 et seq. Authority of peace officer to assume temporary custody of child absent from school without lawful authority or excuse, § 20-2-698 et seq.

Law reviews

For article, ‘‘The Prosecuting Attorney in Georgia’s Juvenile Courts,’’ see 13 Ga. St. B. J. 27 (2008). For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975). For comment, ‘‘School Bullies — They Aren’t Just Students: Examining School Interrogations and the Miranda Warning,’’ see 59 Mercer L. Rev. 731 (2008).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 1193 to 1194; merge action: carried; file SHA-256 1f1f034443c3.

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