Juvenile Law

Question 1

I. CHILDHOOD IN AMERICA:

Answer 1

• Adverse childhood experiences and trauma
o Poverty drives crime
• Child poverty and its lasting consequence
o One in 6 newborns are born into poverty and nearly half remained poor throughout their childhoods
o Black children are especially disadvantaged, 2 fifths are born poor and 2 thirds are persistently poor
• Increased graduation rates decrease arrest rates

Question 2

II. THE VITAL ROLE OF LAWYERS

Answer 2

• Two concepts concerning the juvenile code:
o Best Interest
a) No attorney client relationship because it does not matter what the child wants

Question 3

b) Guardian Ad Litem (hypothetical on exam)

Answer 3

a. OCGA 15-11-104 –
(a) The court shall appoint a guardian ad litem for an alleged dependent child.
(b) An attorney for an alleged dependent child may serve as such child’s guardian ad litem unless or until there is conflict of interest between the attorney’s duty to such child as such child’s attorney and the attorney’s considered opinion of such child’s best interests as guardian ad litem.
I. Interpretation: if there is a conflict between what the client wants and the best interest of the child the attorney cannot act as the child’s guardian ad litem anymore
II. Example: Sally is molested by her stepfather and leaves her house for protection during legal proceedings, later she tells her attorney that she wants to go home but her wish to go home conflicts with her best interest because she will be living with a sexual predator, so the attorney will ask the judge to find another attorney who can act as a guardian ad litem because Sally’s legal interests and best interests conflict

o Legal Interest

a) Attorney client relationship
b) Advocate for client wishes
c) Was not a concept in juvenile court before 2014

Question 4

• Two Model Rules in the Juvenile Code

Answer 4

One judge one family
o One client one lawyer
a) This creates consistency
b) Children cannot waive the right to council
• OCGA 15-11-402 Child in Need of Services (CHINS)

Question 5

III. RIGHTS OF CHILDREN

Answer 5

• Criminal liability for children begins at 17 years old
• Developing the American Conception – The traditional role of parents and the Gov.
o Historically children were subjects of law, functioning more in the role of parental property
o By the early twentieth century there was a prevailing perception of children as miniature adults
o Creation of the nation’s first juvenile court in 1899 climaxed decades of efforts by reformers who argued that children have distinct physical, emotional, and cognitive capacities and needs legal recognition
• PARENTS POTRE is the power of the state to protect the child’s welfare
o Parents potre and parent’s right to raise their children can often conflict
• Cases Meyer and Pierce constitutionalized parental rights in child rearing and helped create a lasting doctrinal foundation for identifying the status, rights, and obligations of children

Question 6

MEYERS V NEBRASKA – on exam as essay question

Answer 6

• Fundamental rights undergo the strict scrutiny test

Question 7

PIERCE V SOCIETY OF SISTERS – on exam

Answer 7

• After these cases there was a recognition that children do have some rights

Question 8

PRINCE V MASSACHISETTS

Answer 8

• “Children have rights

• After Brown v Board of Edu in 1954 it was realized that separation violated CHILDREN’S RIGHTS to due process
• The case In Re Gualt first recognized that children are persons under the 14th amendment, even though the constitution does not mention children

Question 9

TINKER V DES MOINES IND. COMMUNITY SCHOOL DISTRICT

Answer 9

• Developed the substantial disruption test

* Children can have freedom of speech, but cannot disrupt the school

Question 10

I. ESTABLISHING PATERNITY AND MATERNITY

Answer 10

• The Importance of Marriage
o Marriage automatically establishes paternity, even if mother weds after the child’s birth, i.e. subsequent marriage with understanding that child is his
o Unmarried parents – mother is automatically legal custodian and father is “putative” i.e. no rights but must pay child support
 Relief for father is filed in a petition to legitimate (can only be filed by father)
 Once this is filed the father will have the same rights as the mother
• Illegitimate Children
o Had no rights in earlier times (referred to as bastards, or illegitimate)
o Levy v Louisiana 1968, was the first time when children born to unmarried parents are persons within the 14th amendment’s equal protection clause
 Levy held that the clause prohibited states from denying these children the right to recover for the wrongful death of their mother on whom they were dependent

Question 11

o Trimble v Gordon 1977

Answer 11

allowed nonmarital children to inherit only from their mothers, while marital children could inherit from either parent. The nonmarital child could only inherit from his father if the father married the mother AND acknowledges the child as his

Question 12

o Lalli v Lalli 1978

Answer 12

broadened to allow a child to inherit from his father if the father has signed an acknowledgment of paternity or if paternity has been established by clear and convincing evidence (if father has openly and notoriously acknowledged the child as his own or by DNA)

Question 13

o Nguyen v immigration and naturalization services 2001

Answer 13

involved a statute that provides when the mother is an American citizen and the father is a non-citizen, the child is an American citizen if the mother met a minimal residency requirement at birth. If the mother is a non-citizen however, the father must take on of several specified affirmative actions before the child reaches 18 to make the child a citizen
 Nguyen was deported at 22 because his father was too late in obtaining an order of parentage

Question 14

o OCGA statute 19-7-20

Answer 14

 (a) All children born in wedlock or within the usual period of gestation thereafter are legitimate.
 (b) The legitimacy of a child born as described in subsection (a) of this Code section may be disputed. Where possibility of access exists, the strong presumption is in favor of legitimacy and the proof must be clear to establish the contrary. If pregnancy existed at the time of the marriage and a divorce is sought and obtained on that ground, the child, although born in wedlock, will not be legitimate.
 (c) The marriage of the mother and reputed father of a child born out of wedlock and the recognition by the father of the child as his shall render the child legitimate; in such case the child shall immediately take the surname of his father.

Question 15

o OCGA 19-7-21

Answer 15

 All children born within wedlock or within the usual period of gestation thereafter who have been conceived by means of artificial insemination are irrebuttably presumed legitimate if both spouses have consented in writing to the use and administration of artificial insemination.

Question 16

o WHO IS THE MOTHER

Answer 16

 Is only a concern when ART(assisted reproductive technology), such as artificial insemination, is used

Question 17

o IN RE CKG

Answer 17

 Father tried to argue that because mother lacked genetic connection to her triplets that she fails to qualify as the “mother”
 Held that Charles’s genetic paternity does not give him a parental status superior to that of cindy

Question 18

o MICHEAL H V GERALD D

Answer 18

 Used the rational basis test, the rationale behind limiting those who may rebut the presumption of legitimacy is a concern that allowing persons other than the husband or wife to do so may undermine the integrity of the family unit

Question 19

II. EXPANDING THE CONCEPT OF PARENT – THIRD PARTIES

• CLARK V WADE

Answer 19

Held. We interpret the best interest standard in the parent-third party custody statute to mean that the third party must prove by clear and convincing evidence that the child will suffer physical or emotional harm if custody were awarded to the biological parent.   Once this showing is made, the third party must then show that an award of custody to him or her will best promote the child’s welfare and happiness.

Question 20

• SOOHOO V JOHNSON

Answer 20

• Rule. Before a court may grant visitation, the statute requires it to determine (1) that visitation with the third party would be in the child’s best interest (2) that the third party and the child have established emotional ties creating a parent and child relationship, and (3) that granting the 3rd party visitation would not interfere with the relationship between the custodial parent and the child
• Held. Soohoo is entitled to visitation only to the extent that visitation is in the best interest of the children and does not interfere with the custodial parent’s relationship with the child

Question 21

• OCGA 19-7-3

Answer 21

applies to grandparents as third parties

Question 22

III. GUARDIANSHIPS

IV. REPRESENTING CHILDREN IN JUVENILE LAW

Answer 22

• A child’s lawyer shall participate in any proceeding concerning the child with the same rights and obligations as any other lawyer for a party to the proceeding

Question 23

In Re Gualt

Answer 23

• The first time children were guaranteed the right to an attorney in delinquency proceedings

Question 24

Characteristics Child Advocates Need to Have:

Answer 24

• Knowledge of the law
• Caring
• Discernment – includes listening skills and the ability to distinguish what is fact v fiction
• Ability to guide children through the court process
• Able to look out for the child’s well-being and best interest – includes knowing what the best interest for the child is

Question 25

o GEORGIA JUVENILE CODE 15-11-105 paragraph b

Answer 25

(helps form questions to determine what a child’s best interests are)
 (a) A guardian ad litem shall advocate for a child’s best interests in the proceeding for which the guardian ad litem has been appointed.
 (b) In determining a child’s best interests, a guardian ad litem shall consider and evaluate all of the factors affecting the best interests of a child in the context of a child’s age and developmental needs. Such factors shall include:
• Able to protect the child’s rights
• Identify what services/resources are in the community to help the child
o Judge Edwards Comprehensive Approach focuses on the implementation of collaboration
o Collaboration can be accomplished by attorneys by joining forces with organizations/individuals such as Mental health programs, educational programs, social service programs (DFCS). Law enforcement, and leaders of child programs, prosecutors, contract attorneys (dependency side), public defender (delinquency side)
• GEORGIA JUVENILE

Question 26

• GEORGIA JUVENILE CODE 15-11-38

Answer 26

o (a) Any court may order the establishment of a community based risk reduction program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in need of services so long as the court determines that sufficient funds are available for such programs. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program
o (c) As part of an early intervention program, the court may enter into protocol agreements with school systems within the court’s jurisdiction, the county division of family and children services, the county department of health, DJJ, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize the exchange of confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in Code Section 15-11-40.

Question 27

CHILDREN’S ABILITIES AND LEGAL DISABILITIES

Answer 27

• The lawyer must take the child’s direction unless the lawyer reasonably believes that the client has diminished capacity
• A child’s frontal lobe of the brain (the part that controls logic and reasoning) is not fully developed
• Supreme Court Judges were using child development statistics in rulings such as Roper and Montgomery
o This points to the importance of the topic in juvenile law

Question 28

Judge Grisso’s Spheres of Development:

1. Neurological Development

Answer 28

Brain development continues through adolescence
a. One of the last areas of the brain to develop is the prefrontal cortex, which functions as a center for executive cognitive functions such as planning, planning, organizing information, or thinking about the consequences to actions, also it controls the ability to inhibit or delay impulsive and emotional reactions

Question 29

2. Intellectual Development

Answer 29

Intellectual capacities increase in childhood and into adolescence. As youths enter and proceed through adolescence, they acquire new information through experience and education

a. Early adolescence is characterized by gains in deductive reasoning and abstract thinking, including the ability to think about hypothetical situations and to consider different perspectives than their own
b. Teenagers differ from adults because adults have had more experience in developing intellectually

Question 30

3. Emotional Development

Answer 30

Youths and adults also differ in their capacity for impulse control. Impulse control allows reactions to be influenced not only by emotion, but also by reason, and particularly by consideration of probable consequence
a. Children acquire capacities, their unfamiliarity with the consequences of new-found abilities results in inevitable miscalculations requiring parental or societal responses that define acceptable limits of behavior

Question 31

4. Psychosocial Development

Answer 31

Adolescents differ from adults in their perception of and attitude toward risk
a. Youths on average, tend to be greater risk takers, engaging more frequently in behaviors such as drunken driving, unprotected sex, and criminal activity

Question 32

INTERVIEWING CHILDREN

Answer 32

• Ask questions to put child at ease at the start of the interview (do not ask about school, ask about hobbies/things they enjoy)
• Do not be overly friendly
• Be respectful (do not use nick names, rather ask what the child wants to be called)

Question 33

THE CHILD’S RIGHT TO SUE

Answer 33

• Because minors are considered incapable of bringing or defending lawsuits in their own names, they must have adults represent them
• A “next of friend” can be filed, which will allow a guardian ad litem to sue for the child
• KINGSLEY V KINGSLEY – Held. The trial court erred in allowing Gregory to file the petition in his own name, but this error was harmless by the fact that separate petitions for separation of Gregory Kingsley from his parents were filed on behalf of Gregory by the foster father, the guardian ad litem
Ga Juvenile Codes 15-11-103 and 15-11-104 and 15-11-105 15-11-106 (ALL ON FINAL)

Question 34

The Following 7 Questions are set forth to keep lawyers for children honest:

Answer 34

1. In making decisions about the representation, am I seeing the case, as much as I can, from my client’s point of view, rather than from an adult’s point of view?
2. Does the child understand as much as I can explain about what is happening in the case
3. If my client were an adult, would I be taking the same actions, making the same decisions, and treating her the same way?
4. If I decide to treat my client differently from the way I would treat an adult in a similar circumstance, in what ways will my client concretely benefit from the deviation, can I explain that benefit to my client?
5. Is it possible that I am making decisions in the case for the gratification of adults in the case, and not for the child?
6. Is it possible that I am making decisions in the case for my own gratification, and not for that of my client?
7. Does the representation, seen as a whole, reflect what is unique and idiosyncratically characteristic of the child?

Question 35

KENYA WINN V PERDUE

Answer 35

• Fulton county employs 4 child advocate attorneys, while Dekalb county employs 5. There were 1.757 plaintiff foster children in custody in fulton county and 914 in Dekalb. The minimum requirement for effective advocacy should maintain a caseload of 100 cases, and in fulton one advocate’s caseload is around 439 while in dekalb the caseload is around 182 clients/advocate
Held. All of the evidence is sufficient to create a genuine issue for trial as to whether P foster children, including the named Ps, are receiving, or face a risk of receiving ineffective assistance of counsel

Question 36

IN RE JOHNSTON

Answer 36

Held. Hiring counsel for a child is a task that ought to be preformed by an adult. For a waiver of counsel to be effective it must be voluntary, knowing, and intelligent.

Question 37

PRED-DISPOSITION STAGES OF A DEPENDANCY PROCEEDING

Referral

Answer 37

unexplained injury, points to neglect/abuse, which leads to a petition for protective orders (which includes a safety order)
• The petition must state venue OCGA Juvenile Code 15-11-125 (ON EXAM)
o Where child legally resides
o Sham venue
o Service is in state and in person
 In state, can’t be found, but address known
 Out of state, can be found, person or mail
 When whereabouts are unknow by publication

Question 38

Adjudication

Answer 38

• A petition leads to an adjudication
(1) Unsubstantiated
(2) Removal
 (2a) Law Enforcement
 (2b) Social Services
• (2b-1) - ***Preliminary Protective Hearing (on exam)
o Rule: OCGA Juvenile Code 15-11-145
o Must be filed in 5 days for foster care and 30 days for non-foster care (use 15-11-5 for computation of time!!!)
• (2b -2) - Adjudication
o MUST be filed in 10 days for foster care and 60 days for non-foster care
o Rules of Evidence 15-11-181
o Standard of Proof – Clear and Convincing Evidence 15-11-180
o 30 days in between adjudication and disposition

Question 39

Disposition

Answer 39

• (2b -3) - Disposition
o (2b (1-3) All Litigation Stages
o Rule 15-11-210: (a) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.
o Also 15-11-190
o 45 days in between disposition and initial review

Question 40

Diversion

Question 41

HUMPHRIES V COUNTY OF LOS ANGELES

Answer 41

• Parents were accused falsely by their rebellious child about abuse, thus causing them to be added to the California’s Child Abuse Central Index
• This negatively affected the parents’ lives, such as their careers, volunteer opportunities, etc.
• Rule. The child abuse and neglect reporting act: CANRA mandates that various statutorily enumerated individuals report instances of known or suspected child abuse and neglect wither to a law enforcement agency or to a child welfare agency , These agencies in turn conduct an investigation and they send it to the Ca Dep of Justice as either unfounded (meaning report is false, does not constitute abuse and neglect, report not sent to CACI) inconclusive (there is insufficient evidence to determine whether abuse/neglect had occurred, report sent to CACI) or substantiated (more likely than not that child abuse and neglect has occurred, report sent to CACI)
• Removal for individuals who were wrongfully accused, takes 10 years, as long as no subsequent reports are made
• Held. CANRA violates the Humphries procedural due process rights

Question 42

• FAILURE TO THRIVE HYPOTHETICAL ON EXAM

Answer 42

o When parent does not feed the child appropriately
OCGA Juvenile Code 15-11-130
OCGA Juvenile Code 15-11-133
OCGA JUVENILE CODE 15-11-145 – PRELIMINARY PROTECTIVE HEARINGS REQUIREMENTS (HYPOTHETICAL ON EXAM)
• (a) If an alleged dependent child is removed from his or her home and is not returned home, the preliminary protective hearing shall be held promptly and not later than 72 hours after such child is placed in foster care; (sometimes called 72 hour hearings) provided, however, that if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday.
• (b) Reasonable oral or written notice of the preliminary protective hearing, stating the time, place, and purpose of the hearing, shall be given to the child who is a party in such hearing and, if such person can be found, to his or her parent, guardian, or legal custodian.
• (c) If an alleged dependent child’s parent, guardian, or legal custodian has not been notified of the preliminary protective hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order such child’s release unless it appears from such hearing that such child’s foster care is warranted or required.
• (d) The following persons shall have the right to participate in the preliminary protective hearing:
o (1) A child’s parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice;
o (2) A child’s attorney and guardian ad litem if a guardian ad litem has been appointed;
o (3) A child who was removed from his or her home, unless the court finds, after considering evidence of harm to such child that will result from such child’s presence at the proceeding, that being present is not in such child’s best interests;
o (4) A parent’s attorney if an attorney has been retained or appointed;
o (5) The assigned DFCS caseworker; and
o (6) The attorney for DFCS.
• (e) The court may allow the following parties to be present at the preliminary protective hearing, if the court finds it is in the best interests of the child:
o (1) Any relative or other persons who have demonstrated an ongoing commitment to a child with whom a child might be placed;
o (2) DFCS employees involved in the case
o (3) An advocate as requested by an alleged dependent child’s parent, guardian, or legal custodian; and
o (4) Other persons who have knowledge of or an interest in the welfare of the child who is alleged to be dependent.
• (f) At the commencement of a preliminary protective hearing, the court shall inform the parties of:
o (1) The contents of the complaint in terms understandable to the parties;
o (2) The nature of the proceedings in terms understandable to the parties; and
o (3) The parties’ due process rights, including the parties’ right to an attorney and to an appointed attorney if they are indigent persons, the right to call witnesses and to cross-examine all witnesses, the right to present evidence, and the right to a trial by the court on the allegations in the complaint or petition.
• (g) If a child is not released at the preliminary protective hearing, a petition for dependency shall be made and presented to the court within five days of such hearing

• The rules of evidence are relaxed in these hearings
• There is an acknowledgment of rights at these hearings (15-11-145 paragraph d)

Question 43

• CONTRARY TO THE WELFARE FINDINGS (on test)

Answer 43

o Every order that involves a kid who has been removed from the family HAS to contain this phrase, and state the reasons why
• REASONABLE EFFORTS

Question 44

• REASONABLE EFFORTS

Answer 44

o must also be in every order
• If there is no probable cause or protective custody(15-11-29) is not required, the case is dismissed
• If there is probable cause, but productive custody is not required, the child will stay at home to await trial
• If child is removed from the home Rule 15-11-151 applies
o (a) If a child was removed from his or her home, a petition alleging dependency shall be filed within five days of the preliminary protective hearing.

Question 45

IN RE DK

Answer 45

• A referral was made to DFCS concerning a minor’s morbid obesity, he was 5’3 and 451 pounds. He was raised by himself by his mother who was also obese and was homebound
• The child was never taken to a dietician and his condition reached a life threating condition because of enlarged liver, hypertension, respiratory problems, insulin resistance, sleep apnea, knee pain, etc.
• The juvenile code defines a dependent child as a child who is (1) is without parental care or control, subsistence, education, as required by law, or other care, or control necessary for his physical, mental, or emotional health, or morals
• The mother here does not have the natural abilities typical of any parent, as she is limited by her own extreme obesity, it is troubling that she apparently did little or nothing regarding her son’s declining performance in school, and his absenteeism
• Held. It has only been since his hospitalization and placement in foster care that his obesity is now being addressed, and his physical condition has been improving, thus there is a clear necessity for him to remain in foster care at the present time, but once the mother can demonstrate her ability to offer the required assistance and support to her son then the goal of reunification can be achieved.

Question 46

NEWMARK V WILLIAMS/DCPS

Answer 46

• Is the risk of the procedure higher than the probability of success?

Question 47

TERMINATON OF PARENTAL RIGHTS

ELEMENTS FOR TERMINATION OF PARENTAL RIGHTS: (handout labeled ex for termination of rights essay answer)

Answer 47

• The criteria or grounds for terminating the parental rights of a parent require the petitioner to show by CLEAR AND CONVINCING EVIDENCE:
1. The statutory grounds for termination of rights
AND
2. Whether termination is in the Best interest of the child

• The law expressly demands MORE than a showing of unfitness for termination of rights
• The law demands by CLEAR AND CONVINCING EVIDENCE that:
1. Reasonable Efforts to remedy the circumstances have been unsuccessful or were not required
2. Such cause of dependency is likely to continue or will not likely be remedied and
3. The continued dependency will cause or is likely to cause serious physical, mental, emotional, or moral harm to such child

Question 48

SANTOSKY V KRAMER

Answer 48

Always use Meyers and Pierce in an analysis for an essay question addressing parents rights to raise their children!!!! – These cases held parents have a fundamental right to raise their children – KNOW FOR TEST)
• Using Meyers and Pierce to conclude that parents have a fundamental right to raise their children, it can be concluded here that the standard used, which was preponderance was in error because strict scrutiny (which is a higher standard to meet than preponderance) should have been used

Question 49

IN RE EM

Answer 49

• Whether termination is in the best interest of the child OCGA 15-11-310

Question 50

ADOPTION

Answer 50

• Formal adoptions did not exist at common law, a child might be transferred informally from one household to another sometimes as an indentured servant or an apprentice to a family that agreed to provide care and education, perhaps in return for labor
• In most states, the juvenile or family courts holds exclusive original jurisdiction to decide petitions to adopt children, though some states vest adoption jurisdiction in the probate or surrogate’s court
• A child is adopted only when the court enters a final decree approving the adoption, this occurs in 3 steps
1. The child must be available for adoption
2. The prospective adoptive parents must be within the adoption’s act’s enumeration of persons eligible to adopt and
 OCGA 19-8-3 Who may adopt? KNOW FOR TEST!!!
 Objections to an Adoption –
 OCGA 19-8-5 Sibling Adoption
 OCGA 19-8-17 details what the report must include
 The court is not required to accept the recommendation
 Best Interest of the child can include continuity, stability, positivity of relationships
 Denial of adoptions can also be in the best interest of the child
• Ga follows an agency facilitated adoption method
- These adoption agencies are responsible for investigating the fitness of prospective adoptive parents
• OCGA 19-8-24 – Unlawful advertisements, Unlawful inducements, etc

Question 51

Stanley v Illinois

Answer 51

• The father established a natural relationship with the child, despite being unwed to the mother before her death, so his parental rights should not have been terminated and his child should not have been adopted
Lehr v. Robertson
• The father here had abandoned his interest in his child, and did not fit into any of the four categories listed
State v Brown
• Baby Selling
• D made arrangements for exchange her child for 800 dollars, a cellphone, and a new car. However, the mother never received the 400 dollars

Question 52

Post Adoption Disputes:

Answer 52

• Adoptive parents may seek to annul adoptions, however annulment orders are particularly unlikely
• Adoption is a serious and permanent family institution

Question 53

CHILDREN IN NEED OF SERVICES (CHINS)
• STATUS OFFENDERS (usually truancy cases)

Henderson v Bear

Answer 53

• The parents argued that the child labor provisions of the FLSA were violated because their child performed prohibited labor but the court ruled that the stated purpose of the youth act indicates that it benefits children, not their parents.
• Held. Accordingly a private cause of action for parents is not contemplated by the Youth Act

Question 54

OCGA 15-11-380 and OCGA 15-11-390

Answer 54

• The purpose of this article is:

(1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from the irreversibility of certain choices and to protect the integrity of such child’s family;
(2) To make family members aware of their contributions to their family’s problems and to encourage family members to accept the responsibility to participate in any program of care ordered by the court;
(3) To provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation that he or she needs to assist him or her in becoming a responsible and productive member of society; and
(4) To ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of a family referred to the court

OCGA 15-11-390 Paragraph C
Fact pattern involving an issue with what the school system has done or not done ONE EXAM!!!!
(c) When a school official is filing a complaint alleging a child is a child in need of services, information shall be included which shows that:
(1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and
(2) The school district has sought to engage the parent, guardian, or legal custodian of such child in solving the problem, but such person has been unwilling or unable to do so, that the problem remains, and that court intervention is needed.

Question 55

Alcohol Regulation:

Answer 55

• Legal drinking age 21
• All states have enacted zero tolerance legislation, in which Congress withholds a portion of federal highway funds from states that declined to enact and enforce legislation that considers an individual under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the state to be driving while intoxicated or driving under the influence of alcohol

Question 56

Tobacco Regulation:

Answer 56

• Despite minimum age laws, (usually 18) children frequently purchase cigarettes and other tobacco products in retail establishments
• In some states, sanctions for providing alcohol to minors are greater than sanctions for providing tobacco products
• The FDA applies the 18-year-old minimum age to e cigarettes

Question 57

Driving Privileges:

Answer 57

• First a person seeking to obtain a license must obtain a 120 day permit, in which the driver must be accompanied by an individual of at least 18 years of age
• Second, a 16 or 17-year-old may obtain a “junior driver license” which does not permit the driver to drive between midnight and 5am unless accompanied by an adult
• A junior license usually becomes a regular license when the teenager becomes 18
• Third, a person 17 or older may obtain a full- drivers license after completion of an approved driver’s training course, without the course the minimum age is 18

Question 58

Gambling:

Answer 58

• Age limits also apply to state lotteries and gamblings

Question 59

Firearms, fireworks, tattoos

Answer 59

• The Violent Crime Control and Law Enforcement Act of 1994 seeks to restrict juveniles’ access to firearms
• The act prohibits persons under 18 (with exceptions relating to hunting, gaming, and other specified uses) from knowingly possessing handguns or ammunition suitable for use only in handguns
• All states prohibit or restrict juvenile’s possession and use of firearms or handguns. Possession of firearms in violation of these prohibitions may expose the juvenile to criminal liability or delinquency
Fireworks
• Several states have outlawed private possession of fireworks and others regulate sale or distribution to children
Tattooing
• At least 21 states prohibit or regulate tattooing of minors

Question 60

Juvenile Curfews

Answer 60

• Some cities had enacted daytime curfews for children during school hours, but problems arose for home schooled children
• Juvenile curfew statutes and ordinances have proliferated

Question 61

JUVENILE STATUS OFFENSES

Answer 61

TRUANCY
RUNAWAYS
BULLYING

Question 62

DELINQUENCY ACTS

Answer 62

• Acts juveniles commit, that when committed by an adult would also be a crime
• 15-11-560
• 15-11-561 KNOW FOR EXAM
o (a) After a petition alleging delinquency has been filed but before the adjudication hearing, on its own motion or on a motion by a prosecuting attorney, the court may convene a hearing to determine whether to transfer the offense to the appropriate superior court for criminal trial if the court determines that:
o (1) There is probable cause to believe that a child committed the alleged offense;
o (2) Such child is not committable to an institution for the developmentally disabled or mentally ill; and
o (3) The petition alleges that such child:
o (A)Was at least 15 years of age at the time of the commission of the offense and committed an act which would be a felony if committed by an adult; or
o (B) Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to a victim.
o (b) At least three days prior to the scheduled transfer hearing, written notice shall be given to a child and his or her parent, guardian, or legal custodian. The notice shall contain a statement that the purpose of the hearing is to determine whether such child is to be tried in the juvenile court or transferred for trial as an adult in superior court. A child may request and the court shall grant a continuance to prepare for the transfer hearing.
o (c) After consideration of a probation report, risk assessment, and any other evidence the court deems relevant, including any evidence offered by a child, the court may determine that because of the seriousness of the offense or such child’s prior record, the welfare of the community requires that criminal proceedings against such child be instituted.
o (d) No child, either before or after reaching 17 years of age, shall be prosecuted in superior court for an offense committed before the child turned 17, unless the case has been transferred as provided in this part. In addition, no child shall be subject to criminal prosecution at any time for an offense arising out of a criminal transaction for which the juvenile court retained jurisdiction in its transfer order.

Question 63

VENUE

Answer 63

where the case can be tried
• 15-11-490
(a) A proceeding under this article may be commenced:
(1) In the county in which an allegedly delinquent child legally resides; or
(2) In any county in which the alleged delinquent acts occurred.
(b) If the adjudicating court finds that a nonresident child has committed a delinquent act, the adjudicating court may retain jurisdiction over the disposition of a nonresident child or may transfer the proceeding to the county of such child’s residence for disposition. Like transfer may be made if the residence of such child changes pending the proceeding.
(c) If the adjudicating court retains jurisdiction, prior to making any order for disposition of a nonresident child, the adjudicating court shall communicate to the court of the county of such child’s residence the fact that such child has been adjudicated to have committed a delinquent act. Such communication shall state the date upon which the adjudicating court plans to enter an order for disposition of such nonresident child and shall request any information or recommendations relevant to the disposition of such nonresident child. Any such recommendation 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, certified copies of all documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer order. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.

Question 64

SEARCH AND SEIAZURE OF JUVENILES

New Jersey v T.L.O

Answer 64

• Two 14-year-old girls were found smoking in the bathroom, and this was a violation of a school rule, so the girls were questioned by the principle. During questioning TLO, one girl, admitted to smoking, but denied smoking in the bathroom.
• The principle took the girls purse, searched and found a pack of cigarettes, rolling papers, a small amount of marijuana, plastic baggies, and a list of students who owed TLO money and accused the girls with distribution charges
• The girls moved to suppress the evidence found in the purse due to the unlawful purse
• RULE: Determining the reasonableness of any search involves a two fold inquiry (1) one must determine whether the action was justified in its inception and (2) one must determine whether the search as actually conducted was reasonably related in scope to the circumstances which justified the interference in the first place. The rule for the reasonableness of a search is not the same/ as stringent for school officials than for police officers
• HELD. Under ordinary circumstances a search of a student by a teacher or other school official will be justified at its inception when there are reasonable grounds for suspecting that the search will turn up evidence that a rule has been broken and such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction, therefore the reasonableness and lawfulness of the search was upheld
• This rule only applies to school officials, NOT trained officers, and typically when there is the search of a purse or pocket, NOT a pat down. EVEN if the exam fact pattern has a police officer still mention TLO does NOT apply (remember for exam)

Question 65

TAKING A CHILD INTO CUSTODY

Answer 65

• OCGA 15-11-500 - Order to take child into immediate custody
o If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of an alleged delinquent child are endangering such child’s health or welfare or those of others or that such child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take such child into immediate custody and bring him or her forthwith before the court.
• OCGA 15-11-501- Taking child into custody; notice to custodian; notification of prosecuting attorney
o (a) An alleged delinquent child may be taken into custody:
o (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;
o (2) Pursuant to the laws of arrest; or
o (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

Question 66

PREVENTATIVE DETENTION
• OCGA 15-11-502
Schall v Martin

Answer 66

• OCGA 15-11-502 - Procedure after taking child into custody; detention
Schall v Maritn
• To detain there must be clear and convincing evidence (not preponderance)
• An alleged delinquent child shall not be detained to punish or rehabilitate, to facilitate further interrogation or investigation, or due to a lack of a more appropriate facility
• The detainee suffers stigmatization and severe limitation of his freedom of movement. Indeed, the impressionability of juveniles may make the experience of incarceration more injurious to them than to adults, all too quickly juveniles subjected to preventative detention come to see society at large as hostile and oppressive and to regard themselves as irremediably delinquent. Such serious injurious to presumptively innocent persons, encompassing the curtailment of their constitutional rights to liberty, can be justified only by a weighty public interest that is substantially advanced by the statute

• OCGA § 15-11-510 - Intake; informal adjustment
• OCGA 15-11-5 ON FINAL
• Paragraph A says the first day DOES NOT count!
• If a hypothetical on exam asks if a petition was timely filed, remember to NOT count the first day and carefully read the code
• Use case In Re CRB for example
• OCGA 15-11-582: Adjudication hearing; time limitations; findings

o Saturday and Sunday IS counted as part of the ten-day requirement

Question 67

DISPOSITIONS

Answer 67

• 15-11-590 - Predisposition investigation and report
• Juvenile Dispositions are informal hearings
o After disposition the juvenile will either enter:
 Diversion (IA or non-adjudicatory)

Question 68

Criminogenic Needs:

Answer 68

• Family Function
• Peers
• Cognition (mental Health)
• Substance Abuse
• School Connectedness
• Poor/Weak Problem-Solving Skills
o Juveniles with 3 or more of the above are high risk and are referred to juvenile court
o Juveniles with 2 or more are considered medium risk
o Juveniles with 1 or less is considered low risk and are just given warnings, i.e. “a slap on the wrist”
o ONE HYPOTHETICAL ON FINAL WILL ASK WHAT IS IN A REPORT – use 15-11-590

Question 69

Instructions for Final Dependency Hypotheticals

Answer 69

• 2 Parts
o Part 1 is on Dependency – 4 hypotheticals (identify issues and analyze IREAC)
o Part 2 is Delinquency – 3 hypotheticals (identify issues and analyze IREAC) and 4 short answers questions
o Some issues in the hypotheticals may be misfiling a petition, or timing issues/ KNOW TIME REQUIRMENTS
o Tab the important juvenile codes
o Know the mandated reporter laws (someone who holds a particular job and is required to notify authorities if child abuse is suspected) 19-7-5 ***ANYONE IN MEDICAL FIELD IS CONSIDERED A MANDATED REPORTER
o Know about PRELIMINARY 48/72-hour hearings, and the type of notice a parent is required to have (if a child is taken into custody and is placed with DFCS, what is the method and time period the mother needs to be informed)
 Answer: Could be done by telephone, in person, or word of mouth. Further analyze by putting yourself in the shoes of the parent
 Also, if a parent cannot be found to give notice, and the parent is not at the hearing, then the court will appoint guardian ad litem to stand in the shoes of the parents
 Focus on whether the parent is REALLY NOT found for this hypothetical
o The first 3 hypotheticals are a continuation of the first one
o Know who is and who is not entitled to attorneys
 Putative fathers (biological but not legally recognized as the father) are not entitled to attorneys.
 Ga does not recognize a father as a legal father just because his name is on the birth certificate
o Know the service of summons statute
 When does a party have to be served in person: answer, when they live in the state, if they live outside the state certified mail, etc – TAB JUVENILE CODE AT SERVICE AND SUMMONS
 Can a parent in a dependency case be served by US mail, answer, No because presumably they live in the state
o Know under Dependency under sexual molestation cases, when the young girl was molested by stepfather and the girl expressed to her attorney that she wanted to go back and live at home, where the stepfather was still living, the attorney would ask the judge for a guardian at litem
o Know child abuse hearsay statute exception – the child should be available to testify. If the defense for the mother asks is the child available to testify, the child should be
o Know reasonable efforts – i.e. trying to identify the least restrictive means, how to keep the child from going into foster care (by finding relatives, etc.) or to get the child out of foster care
o Know when it is okay for example, there is a 15-year-old named Susy, 6 year old named John, and a 4 Year old named Mary. Susy outcries that their mom’s boyfriend sexually assaulted her. When is it okay or not okay to say that if one kid was molested, all three need to be taken into state custody?
 The other two kids are in the zone of danger and the judge would act in parens potre to remove the kids from potential future harm, most judges would play it safe and remove the kids instead of being sorry (this is a short answer question, just answer in a sentence or two)
 If your representing the mother you may argue that the parents rights are higher than the state’s parents potre and the clear and convincing evidence is not high enough for the other two kids to be removed form their home
o Bring up Parents Potre, Meyers v Nebraska, and Pierce (in which the parents interests and the state’s interests are balanced) in any applicable questions!
o Knowing how to represent kids/how to represent parents: when this hypothetical presents a conversation between the parent and the attorney, look for red flags (this conversation isn’t right legally, mention parent’s rights to due process in answer
o The last hypothetical in the dependency section is a whole new fact pattern: It has questions to answer afterwards
 Assume you are the attorney for the mom, what defenses does she have (is there clear and convincing evidence, always argue the facts!)
 Another question about whether or not DFCS made reasonable efforts
 Permanency plans are supposed to see permanency: reunification, guardianship, non-reunification (how would you argue the facts against this)
o Know what to do about undocumented youth: these youths seek special juvenile immigration status
 What about if the mom is going through deportation, but she had kids in the US, what will happen with the kids: Answer: the judge in this case let the kids stay in the US, but they are still in state custody. Do not give up on the mother having parental rights, always fight for parental rights

Question 70

Instructions for Final: Delinquency Hypothetical

Answer 70

o All of the dates and timelines will apply to the delinquency hypotheticals
o All 3 hypotheticals are the same fact pattern, just divided up
o Very Fact Dependent!
o Pay attention to Mens Rea, the state of mind of the kid
o Know intake procedures
o Know Juvenile Justice Delinquency Prevention Act (JJDPA)
 DMC (states are required to develop a plan to reduce race disparities in the juvenile justice system)
 Sight and Sound – kids are not allowed to be in the sight and sound of adult inmates (most important one!), use the facts of the hypothetical to show why sight and sound is the most important
 Status offenders should not be detained
 Age of majority
o Detention Assessment Instrument (TAB IN THE JUVENILE CODE)
 Did the officer appropriately decide to detain or not to detain. Comment on the intake officer (not necessarily nice)
o Know use of restraints in court, when kids are bought into the courtroom in restraints
 Your job is to get the best for your client, not what is best for the judge, however you still must be respectful to the judge
o Know who is entitled to be represented by counsel. The hypothetical will have the judge reading the rights, picture kid co-defendants with attorneys, some without attorneys, what is the judge’s role in this situation.
 The judge should just decide to get the kids without attorneys an attorney, but some judges will continue a kid’s case and hear the other kids case, while the kid without an attorney will be sent back to detention. The judge should not place that much pressure on a juvenile. The judge is required to act
o Know whether parents can waive counsel for their child: Answer – NO, And the judge should not allow this to happen
o Know the statute in the juvenile code that states the court SHALL grant a motion to dismiss for insufficient evidence 15-11-540 TAB IN CODE
o In the second hypothetical the trial of the case starts: think about reasonable doubt. At the end of the trial from the perspective of a defense attorney, remember detention release, do not forget about the right to bail 15-11-507
o TAB IN JUVENILE CODE 15-11-503 Detention Decision and Findings; focus on paragraph c
 In making detention decisions the juvenile must have had to exhibited a risk of serious bodily history or a prior history of theft
o Previous position investigation and report: fact dependent, will focus on diversion, probation, commitment. IF there is a predisposition report and a judge decides not to look at it, that is an issue
 As an attorney how do you deal with what is in the predisposition report: you must put it on the record, if the judge commits an abuse of discretion
 If the judge decides to commit the kid, discuss the things you cannot commit a kid for. You cannot commit a kid unless the juvenile committed a felony, or the juvenile has committed three separately adjudicated acts AND one of those acts has to be a felony
 If the judge commits the kid with only misdemeanors, that is an abuse of discretion and the case will be reversed on appeal. A risk assessment would have been done and commitment would not have been recommended, so the judge is required to explain why he did not follow the recommendation in. He will not be able to offer a logical explanation, so this will be another grounds for abuse of discretion
o Be able to describe why juvenile courts may divert cases, explain the process of diversion, and the types of diversion
o Know what the detention assessment instrument requires and its purpose: to not put low risk or medium risk kids in detention, because its harmful
o What are some alternatives to detention: ankle monitors, groups of sheriff deputies to make sure juveniles are at home and do not have contraband, evening reporting centers, google, for more answers but do not spend too much time here
o Difference between delinquent child and a child in need of services (CHINS), and why do we not lock up CHINS children
o Why is GA mandated to do risk assessment: