15-11-19.
Procedure on taking child into custody;
detention.
(a) Release
to parents; delivery to medical facility, intake officer, or
court. A person taking a child into custody, with all
reasonable speed and without first taking the child elsewhere,
shall:
(1) Forthwith release without bond the child to his parents,
guardian, or other custodian upon their promise to bring the
child before the court when requested by the court;
(2) Forthwith deliver the child to it medical facility
if the child is believed to suffer from a serious physical condition
or illness which requires prompt treatment and upon delivery,
shall promptly contact the juvenile court intake officer. Immediately
upon being noticed by the person taking a child into custody,
the intake officer shall determine if such child should be released,
detained, or brought before the court. Prior to an informal
detention hearing or committal hearing authorized under Code
Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter
7 of Title 17, the child shall be placed in detention, if necessary,
only in such places as are authorized by Code Section 15-11-20;
(3) Bring the child immediately before the juvenile court
or promptly contact a juvenile court intake officer. The Intake
officer shall determine if the child should be released or detained.
Prior to an informal detention hearings the child shall be placed
in detention if necessary, only in such places as authorized
by Code Section 15-11-20; or
(4) Bring the child who is suspected of committing a
delinquent act before the superior court of the county where
the delinquent act occurred if the act is an act over which
the superior court has exclusive or concurrent jurisdiction
as provided in subsection (b) of Code Section 15-11-5; however,
pending a commitment hearing authorized under Code Sections
17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of
Title 17 or an indictment, the child shall be returned and placed
in detention, if necessary, only in such places as are authorized
by Code Section 15-11-20.
(b) Failure of parent to bring child before court.
If a parent, guardian or other custodian when requested, willfully
fails to bring the child before the court as provided in subsection
(R) of this Code section, the court may issue its order directing
that the child be taken into custody and brought before the
court and in addition, may enter any order authorized by and
in accordance with the provisions of Code Section 15-11-62.
If it is necessary to place the child in detention prior to
his or her appearance in court, the child shall be placed in
a facility as authorized by Code Section 15-11-20.
(c) Notice; temporary detention or questioning.
The person taking a child into custody shall promptly give notice
thereof together with a statement of the reason for taking the
child into custody, to a parent, guardian or other custodian
and to the court. Any temporary detention or questioning of
the child necessary to comply with this Code section shall conform
to the procedures and conditions prescribed by this article
and rules of court.
(d) Bail. All juveniles subject to the jurisdiction
of the juvenile court and alleged to be delinquent or unruly,
on application of the parent or guardian shall have the same
right to bail as adults; and the judge shall admit to bail all
juveniles under his jurisdiction in the same manner and under
the same circumstances and procedures as are applicable to adults
accused of the commission of crimes.
(e) Treatment of unruly child
(1) With respect to a child suspected of being unruly as defined
in paragraph (12) of Code Section 15-11-2 or of a child who
is in violation of a curfew, a person taking such a child into
custody shall not exercise custody over the child except for
a period of 12 hours. A child taken into custody may be detained
in a holding facility for unruly Children as provided for in
paragraph (2) of this subsection. If a parent or guardian has
not assumed custody of the child at the end of such period or
if the child has not been brought before the juvenile court
or it an intake officer has not made a detention decision, the
child shall be released from custody. In no case shall such
a child in custody be detained in a jail.
(2) Counties and municipalities are authorized to establish
facilities where a child who is suspected of being unruly or
who is in violation of a curfew may be informally detained until
the parent or guardian assumes custody of the child. Immediately
after a child is brought into such a facility, every effort
shall be made to contact the parent or guardian of the child.
A child shall not be restrained in a cell or other such place
apart from other children unless such child engages in disruptive
or unruly behavior while at that holding facility.
(Ga. L. 1915, p. 35, § 13; Code 1933, § 24-2413;
Ga. L. 1950, p. 367, § 16; Ga. L. 1951, p. 291, §
17; Ga. L. 1955, p.581, § 2; Ga. L. 1968, p. 1013, §
9; Ga. L. 1969, p. 760, § 1; Code 1933, § 24A-1402,
enacted by Ga. L. 197 1, p. 709, § 1; Ga. L. 1973, p. 882,
§ 4; Ga. L. 1977, p. 1237, § 2; Ga. L. 1986, p. 1017,
§ 1; Ga. L. 1987, p. 3, § 15; Ga. L. 1994, p. 1012,
§ 18; Ga. L. 1995, p.863, § 3; Ga. L. 1996, p. 868,
§ 3.)
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