In the Interest of M. D. H.

When State fails to file a delinquency petition against a juvenile who is not detained within 30 days of the filing of the complaint or to seek an extension of that deadline from the juvenile court, as O.C.G.A. § 15-11-521 subsection b requires, the case must be dismissed without prejudice.

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According to OCGA § 15-11-521 b, the State must file a petition alleging delinquency against a juvenile who is not detained within 30 days of the filing of the complaint or seek an extension of that deadline from the juvenile court. These cases present the question of what happens when the State fails to meet this requirement.

In In the Interest of M.D.H., 334 Ga. App. 394 779 SE2d 433 2015, a panel of the Court of Appeals held that the failure to comply with § 15-11-521 b requires dismissal of the juvenile case, but the dismissal is without prejudice. See M.D.H., 334 Ga. App. at 395. Three days later, a different panel answered the same question the opposite way, concluding that a violation of § 15-11-121 b requires dismissal with prejudice. See In the Interest of D.V.H., 335 Ga. App. 299, 299 779 SE2d 122 2015. We granted certiorari in both cases, asking whether the Court of Appeals correctly applied OCGA § 15 11 521 b. The cases were orally argued on June 20, 2016, and they have been consolidated for opinion. In conformity with the precedent in this area, we now hold that if the State fails to file a delinquency petition within the required 30 days or to seek and receive an extension of that deadline, the case must be dismissed without prejudice. Accordingly, we affirm the Court of Appeals’ judgment in M.D.H., and we reverse the judgment in D.V.H.

Case No. S16G0428 M.D.H.

1. On December 5, 2014, a sheriff’s investigator filed a complaint against M.D.H., who was then 13 years old, in the Cherokee County Juvenile Court. The complaint alleged that M.D.H. committed the delinquent act of making terroristic threats by sending threatening text messages telling people that he was going to bring guns to his middle school and threatening to kill his friend if the friend told anyone. A detention hearing was held the same day, but M.D.H. was not detained.

In the Interest of M. D. H.

When State fails to file a delinquency petition against a juvenile who is not detained within 30 days of the filing of the complaint or to seek an extension of that deadline from the juvenile court, as O.C.G.A. § 15-11-521 subsection b requires, the case must be dismissed without prejudice.

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