Title 15, Chapter 11, Section 2
( 15-11-2)
As used in this chapter, the term: (1) "Adult" means any individual who is not a child under the
definition in paragraph (2) of this Code section. (1.1) "Biological father" means the male who impregnated the
biological mother resulting in the birth of the child. (2) "Child" means any individual who is: (A) Under the age of 17 years; (B) Under the age of 21 years, who committed an act of
delinquency before reaching the age of 17 years, and who has
been placed under the supervision of the court or on probation
to the court; or (C) Under the age of 18 years, if alleged to be a "deprived
child" as defined by this Code section. (3) "Community rehabilitation center" means a rehabilitation and
custodial center established within a county for the purpose of
assisting in the rehabilitation of delinquent and unruly children
in a neighborhood and family environment in cooperation with
community educational, medical, and social agencies, which center
meets the following requirements: (A) Is located within any county having a juvenile court
presided over by at least one full-time judge exercising
jurisdiction exclusively over juvenile matters; and (B) Is operated by a nonprofit corporation organized under
Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code,"
and has a full-time chief executive officer. The charter,
bylaws, and method of selecting the board of directors and chief
executive officer of such nonprofit corporation shall be subject
to the unanimous approval of the chief judge of the judicial
circuit in which the county is located, the judge or judges of
the juvenile court, the superintendent of the county school
district, and the commissioner of corrections, which approval
shall be in writing and shall be appended to the charter and
bylaws of the nonprofit organization. Any amendment of the
charter or bylaws of the nonprofit corporation shall be subject
to the same written approval as the original charter and bylaws. (4) "Court" or "juvenile court" means the court exercising
jurisdiction over juvenile matters. (4.1) "Criminal justice purposes" means the performance of any
activity directly involving the investigation, detection,
apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or
rehabilitation of children or adults who are accused of, convicted
of, or charged with crimes or the collection, storage, and
dissemination of criminal history record information. (5) "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court, and who has the rights and duties provided in Code Section 15-11-13. (6) "Delinquent act" means: (A) An act designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the crime does not fall under subparagraph (C) of paragraph (12) of this Code section and is not a juvenile traffic offense as defined in Code Section 15-11-73; (B) The act of disobeying the terms of supervision contained in
a court order which has been directed to a child who has been
adjudged to have committed a delinquent act; or (C) Failing to appear as required by a citation issued with regard to a violation of Code Section 3-3-23. (7) "Delinquent child" means a child who has committed a
delinquent act and is in need of treatment or rehabilitation. (8) "Deprived child" means a child who: (A) Is without proper parental care or control, subsistence,
education as required by law, or other care or control necessary
for the child's physical, mental, or emotional health or morals; (B) Has been placed for care or adoption in violation of law; (C) Has been abandoned by his or her parents or other legal
custodian; or (D) Is without a parent, guardian, or custodian. No child who in good faith is being treated solely by spiritual
means through prayer in accordance with the tenets and practices
of a recognized church or religious denomination by a duly
accredited practitioner thereof shall, for that reason alone, be
considered to be a "deprived child." (8.1) "Identification data" means the fingerprints, name, race,
sex, date of birth, and any other unique identifiers of the child. (9) "Judge" means judge or judges of the court exercising
jurisdiction over juvenile matters. Such term shall not mean or
include an associate juvenile court judge or associate juvenile
court traffic judge unless specifically so stated. (10) "Juvenile court intake officer" means the juvenile court
judge, associate juvenile court judge, court service worker, or
person employed as a juvenile probation or intake officer
designated by the juvenile court judge or, where there is none,
the superior court judge, which person is on duty for the purpose
of determining whether any child taken into custody should be
released or detained and, if detained, the appropriate place of
detention. Each superior or juvenile court judge shall provide
for one of the above persons to be on duty or on call as an intake
officer during each 24 hour period.
(10.1) "Legal father" means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the
time the child was conceived or was born, unless such paternity
was disproved by a final order pursuant to Article 3 of Chapter
7 of Title 19; (C) Married the legal mother of the child after the child was
born and recognized the child as his own, unless such paternity
was disproved by a final order pursuant to Article 3 of Chapter
7 of Title 19; (D) Has been determined to be the father by a final paternity
order pursuant to Article 3 of Chapter 7 of Title 19; or (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22 and who has not surrendered or had terminated his rights to the
child. (10.2) "Legal mother" means the female who is the biological or
adoptive mother of the child and who has not surrendered or had
terminated her rights to the child. (10.3) "Parent" means either the legal father or the legal mother
of the child. (10.4) "Putative father registry" means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9. (10.5) "Shelter care" means: (A) A licensed foster home or home approved by the court which
may be a public or private home or the home of the noncustodial
parent or a relative; or (B) A facility operated by a licensed child welfare agency. (11) "Status offender" means a child who is charged with or
adjudicated of an offense which would not be a crime if it were
committed by an adult, in other words, an act which is only an
offense because of the perpetrator's status as a child. Such
offenses shall include, but are not limited to, truancy, running
away from home, incorrigibility, and unruly behavior. (12) "Unruly child" means a child who: (A) While subject to compulsory school attendance is habitually
and without justification truant from school; (B) Is habitually disobedient of the reasonable and lawful
commands of his or her parent, guardian, or other custodian and
is ungovernable; (C) Has committed an offense applicable only to a child;
(D) Without just cause and without the consent of his or her
parent or legal custodian deserts his or her home or place of
abode; (E) Wanders or loiters about the streets of any city, or in or
about any highway or any public place, between the hours of
12:00 Midnight and 5:00 A.M.; (F) Disobeys the terms of supervision contained in a court order
which has been directed to such child, who has been adjudicated
unruly; or (G) Patronizes any bar where alcoholic beverages are being sold,
unaccompanied by such child's parents, guardian, or custodian,
or possesses alcoholic beverages; and (H) In any of the foregoing, is in need of supervision,
treatment, or rehabilitation; or (I) Has committed a delinquent act and is in need of
supervision, but not of treatment or rehabilitation. |