Fighting To Protect The Rights Of Young People
Parenting is hard. You may have done everything by the book to provide your child a safe and loving home. Your child had excellent grades, loved sports and had taken part in community activities. Then things changed in high school. While it got more challenging to get them to hang out with the family, you probably thought this was just the changing nature of teenagers. But one day, cops are knocking at your door.
When law enforcement shows up, it can be confusing for parents and their children. Now what? Emotions running high can make it difficult to chart out the best next steps to protect your child’s future. Speaking with an experienced juvenile defense attorney can ease the stress and provide clarity. At Star Law, PC, we draw from years of experience to provide clear answers and personalized, respectful legal advocacy for parents and youth facing Georgia’s Juvenile Law Court.
Every County Has A Juvenile Court
State laws require Georgia’s Juvenile Court to provide overarching protections for the minors under its care and prioritize their well-being and security. This is where at-risk children and their families will address a broad range of delinquency, suspicions of criminal activity and custodial matters.
Juvenile Court deals with the full range of issues involving children, such as certain child custody cases, determination of support cases, safeguarding the health and safety of children suspected of being victims of abuse, neglect, or insufficient care, criminal charges against minors (with some exceptions), requests to end parental rights, and cases where parents file complaints against their misbehaving children. It is a tall order.
Families may come to resolve cases relating to their child’s community pranks or criminal activity. These are the delinquency or status offender cases. On the other hand, dependency court proceedings center around exploring options for placing at-risk – or deprived – child from further harm if left under their parents’ insufficient care. Also, when a parent is facing a criminal accusation and the risk of losing their parental rights due to criminal charges, the superior court may transfer the case to the Juvenile Court’s family treatment court division.
Georgia’s Juvenile Court Has Jurisdiction Over Many Types Of Cases Involving Youth
The Georgia Juvenile Court is the dedicated trial court for cases involving children under 17 years old who are contending with accusations of delinquent acts, status offenses, or traffic violations. A delinquent act is an offense that would be considered a crime if done by an adult, while a status offense would not be a crime if committed by an adult.
In some cases, the court will handle cases for youths sentenced as juveniles until they turn 21. However, if the child is caught for another offense after turning 17, an adult court will have jurisdiction for prosecuting the new offense.
The Georgia Juvenile Court generally has exclusive authority over cases involving children who:
- Are facing accusations of unruliness, delinquency or deprivation
- May need mental health treatment
- Are on probation or under the court’s supervision
- Remain in foster care after turning 18 if the case involves their foster care status
- Receive independent living services from the Division of Family and Children Services (DFCS) after turning 18 if the case is about their independent living plan
- Require a comprehensive service plan
- Violate juvenile traffic laws
There are many other types of proceedings in the Juvenile Court to make sure young people receive proper consideration and care in the legal system.
A Word About Delinquent Acts And Criminal Charges
In Georgia’s Juvenile Court, delinquent acts are criminal charges. This court usually does not handle cases involving a child over the age of 13 who is facing accusations of rape, murder, voluntary manslaughter, armed robbery committed with a firearm, aggravated child molestation, aggravated sodomy, aggravated sexual battery or a capital offense. There are no jury trials in Juvenile Court.
Under Georgia’s criminal laws, they will be tried as adults in Georgia’s Superior Court, which has authority over such crimes. It is important to keep in mind that your child still has the right to due process under the law. They are still innocent until proven guilty beyond a reasonable doubt.
Dependency Proceedings: Has A Mandated Reporter Stepped Into Your Life?
Teachers, counselors, daycare providers, clergy, doctors, nurses, dentists and other professionals must file a report with Georgia’s Division of Family and Children Services (DFCS) if they have reasonable cause to believe your child is not receiving proper care, is at risk of physical or emotional harm or subject to abuse. Mandated reporters must file a report within 24 hours of becoming aware of your child’s situation. Law enforcement could remove your child from your home swiftly. You will be subject to dependency proceedings in Juvenile Court. What now?
It can be terrifying if you are facing a DFCS case. Despite the uncertainty of your circumstances, you still have legal options. Call Star Law, PC, for help as soon as you can. We have experience defending parents.
We Will Help You Through This Uncertain Time. Contact Star Law, PC, Today.
We are here to thoughtfully protect your child’s future, no matter the situation. We also care about protecting your rights as a parent. For a consultation, email us or call our office in Woodstock at 678-433-9717. We serve clients in northern Georgia and across the metropolitan Atlanta area.