Georgia’s juvenile laws apply to children under the age of 17 who are accused of committing crimes, and the system is built around rehabilitation rather than punishment. That framework sits in Title 15, Chapter 11 of the Official Code of Georgia Annotated. It matters to know the shape of it early, because Georgia is one of only three states that still prosecutes 17-year-olds as adults, and children as young as 13 can end up in superior court facing adult charges for the most serious offenses.
Who Counts as a Juvenile in Georgia
Georgia’s juvenile code defines a “child” for delinquency purposes as anyone under 17.1Justia. Georgia Code 15-11-2 – Definitions A 17-year-old charged with a crime enters the adult system by default. As of early 2026, the legislature has studied but not passed a “raise the age” bill that would extend juvenile jurisdiction to 17-year-olds, so the current cutoff still applies.
The juvenile court has exclusive original jurisdiction over alleged delinquent children, children in need of services, dependent children, and children requiring mental health treatment or commitment. It also handles juvenile traffic offenses for anyone under 17 and certain matters like emancipation and permanent guardianship.2Justia. Georgia Code 15-11-10 – Exclusive Original Jurisdiction The one big exception is the list of serious violent offenses that go straight to superior court, covered further down.
The Three Categories of Juvenile Offenses
How a case is labeled controls what penalties are on the table and what kind of intervention the court can order.
Delinquent Acts
A delinquent act is anything that would be a crime if an adult did it, from shoplifting to drug possession to assault. The juvenile court adjudicates these cases and can respond with probation, counseling, community service, or placement in a youth development center for more serious conduct. The court tailors the response to the child rather than imposing a fixed sentence.
Children in Need of Services (CHINS)
Georgia replaced the older “status offense” label with “child in need of services.” A CHINS case involves conduct that isn’t criminal for adults but is treated as a concern because of the child’s age. The categories include habitual truancy, running away, habitual disobedience of a parent or guardian, loitering between midnight and 5:00 a.m., and possessing alcohol or being in a bar with alcohol without a parent present.3Georgia Criminal Justice Coordinating Council. CHINS Status Offender Information Fact Sheet Responses lean on family counseling, educational programs, and community-based services rather than confinement.
Designated Felonies
Designated felonies sit between ordinary delinquent acts and the offenses serious enough to leave juvenile court entirely. They are the most severe conduct the juvenile court still keeps, and adjudication as a designated felony opens the door to longer periods of restrictive custody than an ordinary delinquent act would. The code separates Class A and Class B designated felony acts with different disposition options.
When a Juvenile Case Goes to Adult Court
Under O.C.G.A. § 15-11-560, the superior court has exclusive original jurisdiction over any child between 13 and 17 accused of any of the following offenses:4Justia. Georgia Code 15-11-560 – Concurrent and Original Jurisdiction
- Murder (first degree, second degree, or voluntary manslaughter)
- Rape
- Aggravated sodomy
- Aggravated child molestation
- Aggravated sexual battery
- Armed robbery committed with a firearm
- Aggravated assault with a firearm on a public safety officer
- Aggravated battery on a public safety officer
These are sometimes called the “seven deadly sins” in Georgia practice, though the actual list runs longer. Cases in this category start in superior court. They don’t begin in juvenile court and get moved up. The child faces the same procedures, potential sentences, and criminal record consequences as an adult defendant would.
The district attorney has some discretion. Before indictment, the prosecutor can decline to prosecute in superior court and refer the case to juvenile court instead. If the child is in detention, the juvenile petition must be filed within 72 hours; if not in detention, within 30 days.4Justia. Georgia Code 15-11-560 – Concurrent and Original Jurisdiction Even after indictment, the superior court can transfer certain cases back to juvenile court based on statutory criteria, but not for murder, rape, or armed robbery with a firearm. Those stay in superior court.
How a Juvenile Case Moves Through Court
Intake and Custody
When a child is taken into custody, the officer has to do one of three things: release the child to a parent or guardian with a promise to appear, deliver the child to a medical facility if emergency treatment is needed, or bring the child before the juvenile court or an intake officer.5Justia. Georgia Code 15-11-502 – Procedure After Taking Child Into Custody Law enforcement can hold the child briefly for fingerprinting, photographs, and routine processing. Anything longer requires a formal decision about whether to detain or release.
Detention Hearing
If the child stays in custody, the timeline is tight. When there was no arrest warrant, a detention hearing must happen within two days. When the arrest followed a warrant, the court has up to five days.6Justia. Georgia Code 15-11-506 – Detention Hearing, Time Limitations If the two-day deadline lands on a weekend or holiday, the court still has to review the decision and make a probable cause finding within 48 hours.
Adjudicatory Hearing
This is where the court decides whether the child actually committed the alleged act. A judge hears the case, not a jury. The state has to prove the allegations beyond a reasonable doubt, the same standard used in adult criminal cases. The proceedings are less formal than a criminal trial, but the burden of proof is identical.
Dispositional Hearing
The dispositional hearing is the juvenile equivalent of sentencing. The judge considers the child’s background, family, education, mental health, and the nature of the offense. Outcomes range from probation and community service to residential placement at a youth development center run by the Georgia Department of Juvenile Justice.7Georgia Department of Juvenile Justice. Department of Juvenile Justice The DJJ manages secure facilities, community supervision, and rehabilitative programming for court-involved youth up to age 21.
Rights Juveniles Have in Georgia
Georgia’s juvenile code guarantees a right to counsel at every stage. In dependency cases a child cannot waive that right, and the court must appoint an attorney as soon as practicable, always before any hearing that could substantially affect the child’s interests.8Justia. Georgia Code 15-11-103 – Right to Attorney In delinquency cases, families who can’t afford private counsel get a public defender.
Juveniles also receive the core due process protections adults get: notice of the charges, the opportunity to be heard, and the right to confront and cross-examine witnesses. During interrogation, a juvenile has to be informed of the right to remain silent and the right to have an attorney present before questioning starts. A statement taken without proper warnings or through coercion cannot be used against the child. That protection matters especially for younger children, who are more susceptible to pressure and less likely to understand what waiving a right means.
Sealing a Juvenile Record in Georgia
A juvenile record does not automatically disappear when a child turns 18. What happens depends on how the case ended.
If the case was dismissed, or resolved through informal adjustment, mediation, or another process that did not produce a formal adjudication, the court seals the files and records automatically. No application, no waiting period.9Justia. Georgia Code 15-11-701 – Sealing of Files and Records
If the case did result in an adjudication, whether for a delinquent act or as a child in need of services, the person has to apply for sealing. The court will grant the application if three conditions are met: two years have passed since final discharge from court-ordered supervision (not from the date of adjudication), the person has no felony conviction or misdemeanor involving moral turpitude and no pending proceedings, and the court finds the person has been rehabilitated.9Justia. Georgia Code 15-11-701 – Sealing of Files and Records The application goes to the same juvenile court that handled the original case. Skipping this step is a common mistake. Many people assume juvenile records vanish on their own and only learn otherwise when a background check turns them up years later.
Parents’ Financial Responsibility for a Child’s Acts
Under O.C.G.A. § 51-2-3, a parent or guardian with custody and control over a child under 18 is liable for up to $10,000 plus court costs when the child’s willful or malicious acts result in medical expenses or property damage to another person.10Justia. Georgia Code 51-2-3 – Liability for Malicious Acts of Minor
The statute is deliberately narrow. It covers intentional or malicious conduct, not accidents or ordinary negligence. The $10,000 cap applies to this parental liability statute specifically. Other legal theories, like the family-purpose car doctrine or common law negligence, can impose additional or uncapped liability depending on the facts. The legislature framed the law as a public welfare measure aimed at controlling juvenile delinquency, not a mechanism for making victims whole for every dollar of loss.10Justia. Georgia Code 51-2-3 – Liability for Malicious Acts of Minor