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Georgia State Code
Title      15
Chapter      11  
Section Navigation     1 ... 10         11 ... 21    
    22 ... 30       30.1 ... 38.1  
      39 ... 48         49 ... 64    
    65 ... 73         78 ... 88    
    89 ... 99        100 ... 112   
   113 ... 152       153 ... 176    177     
Section<<< 39 39.1 39.2 40 41 45 46 46.1 47 48 >>>  
Title 15, Chapter 11, Section 41 (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) of Code Section 15-11-56.

(b) Unless waived by the child and the child's parent, guardian, or attorney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.

(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.

Saturday May 23 10:45 EDT


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