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In the Interest of A. H.

The juvenile court erred in ruling that it could not take the juvenile's admission to charges of theft by receiving, theft by taking, fleeing a police officer and a firearms offense without his legal guardian being present, since DFACS, as a legal guardian, waived its right to be present and to be heard.

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A. H. appeals from an order of the juvenile court of Douglas County, which granted the State’s request for a 48-hour continuance of A. H.’s adjudicatory hearing. A. H. contends that the juvenile court erred in granting the motion for a continuance because it failed to consider the factors set forth in OCGA § 15-11-110 a and because the State failed to show good cause for a continuance. For reasons explained more fully below, we vacate the order of the juvenile court granting the continuance and remand for a determination of whether, under the circumstances of this case, the reason proffered by the State for a continuance constituted good cause for delaying the adjudicatory hearing.

The relevant facts are undisputed and the record shows that on or about May 2, 2014, a then 16-year old A. H. was arrested following a police chase of a stolen car in Douglas County. According to the report of the investigating officer, during the chase, the driver of the stolen car rammed a police vehicle and law enforcement ended the chase by performing a precision immobilization technique1 on the stolen car. At that point, all four occupants of the car, including A. H., abandoned the vehicle and fled on foot. A. H., who had been seated in the front passenger seat, was holding a pistol as he exited the vehicle. When he raised the pistol slightly, he was shot and injured by a Douglas County Deputy. After police apprehended A. H., he was taken to Grady Hospital for treatment and was subsequently placed in detention on May 6, 2014.

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