Legal Opinion

In the Interest of D. v. H., a Child

Court of Appeals of Georgia

Decided November 23, 2015No. A15A1092PublishedCited by 8 opinions

1Opinion of the Court

McFadden, Judge.

This appeal presents an issue of first impression under Georgia’s new Juvenile Code: If the state fails to file a delinquency petition within 30 days after the filing of a complaint against a child, as required by OCGA § 15-11-521 (b) (a provision of the new Juvenile Code), does the filing of a new complaint reset the time period for filing the delinquency petition? We conclude that a new complaint that merely reasserts the same factual circumstances as the first complaint does not reset the time period. Accordingly, we affirm the juvenile court’s dismissal of the untimely…

2Cases cited2 opinions

  1. In the Interest Of: M. D. H., a ChildCourt of Appeals of Georgia · 2015
  2. In the Interest of C. B.Court of Appeals of Georgia · 2012

3Cited by8 opinions

  1. In the Interest of M. D. H.Supreme Court of Georgia · 2016
  2. In the Interest of J. F., a ChildCourt of Appeals of Georgia · 2016
  3. In the Interest of J. F.Supreme Court of Georgia · 2017
  4. In the Interest Of: D. v. H. , a ChildCourt of Appeals of Georgia · 2017
  5. In the Interest of D. V. H.Court of Appeals of Georgia · 2017

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