§ 15-11-30 - Transfer to county of residence for disposition following adjudication as delinquent or unruly; retaining custody of nonresident
O.C.G.A. 15-11-30 (2010)
15-11-30. Transfer to county of residence for disposition following adjudication as delinquent or unruly; retaining custody of nonresident
(a) As used in this Code section, the term:
(1) "Adjudicating court" means the juvenile court which makes a finding that a child has committed an unruly or delinquent act.
(2) "Nonresident child" means a child who is a resident of a county of this state other than a county encompassed by the circuit of the adjudicating court.
(3) "Resident child" means a child who is a resident of a county encompassed by the circuit of the adjudicating court.
(b) Except as provided in subsection (c) of this Code section, if the adjudicating court finds that a nonresident child has committed an unruly or delinquent act, the adjudicating court may after adjudication of delinquency or unruliness retain jurisdiction over the disposition of the nonresident child or may transfer the proceeding to the county of the child's residence for disposition. Like transfer may be made if the residence of the child changes pending the proceeding. Prior to making any order for disposition of the nonresident child, the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition.
(c) If the adjudicating court finds that a nonresident child has committed an unruly or delinquent act and that the court has jurisdiction over one or more resident children who also participated in the same delinquent or unruly act, then the adjudicating court may retain jurisdiction over the disposition of the nonresident child or may transfer the proceedings as provided in subsection (b) of this Code section. Prior to making any order for disposition of the nonresident child the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendations shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition.
(d) When any case is transferred pursuant to subsection (b) of this Code section certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer.