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In the Interest of D. V. H.

When the State fails to file a delinquency petition within 30 days after the filing of a complaint against a child, as required under O.C.G.A. § 15-11-521 subsection b, the filing of a new complaint that merely reasserts the same factual circumstances as the first complaint does not reset the time period for filing the delinquency petition.

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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 delinquency petitions against D. V. H. in this case.

Under the new juvenile code, a complaint is the initial document setting out the circumstances that result in a child being brought before the court. OCGA § 15-11-2 14. This definition encompasses the complaints in this case, which took the form of police reports signed by investigating officers that were filed with the juvenile court. In contrast, a petition alleging delinquency shall be filed by an attorney as set forth in Code Section 15-18-6.1. OCGA § 15-11-520. A petition also shall be verified and shall set forth plainly and with particularity specific information set forth in OCGA § 15-11-522.

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