Clerk’s Office

• Georgia law defines dependency as “a child who is without his or her parent or guardian, or legal custodian” for children less than 18 years of age,” which includes cases such as: Legitimation, Guardianship petitions, Private Dependency, Termination of Parental Rights.

O.C.G.A. §15-11-2 – A delinquent child means a child who has committed a crime under the laws of Georgia or another state and is in need of treatment and rehabilitation. Because the Court does not consider children to have the criminal intent to commit a crime, they are deemed delinquent instead of convicted.

Special Proceedings include Record Sealings, Judicial Bypasses, and Superior and Probate Court Referrals and Appeals

O.C.G.A § 15-11-701 – On application of a person who has been adjudicated for committing a delinquent act or as a child in need of services or on the court’s own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding if the court finds that:

1. 1. Two years and one day have elapsed since the final discharge of the person;

2. 2. Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated for committing a delinquent act or as a child in need of services and no proceeding seeking conviction or adjudication is pending against the person.

(a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination.

(b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court.

(c) At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.