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In the Interest of H. J. C. Jr.

The juvenile court erred in dismissing the State's petition alleging that the minor had committed the delinquent act of violating his probation for previous delinquencies.

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The State brings this appeal from the juvenile court’s dismissal without prejudice of the State’s petition alleging that H. J. C., Jr. “the child”, had committed the delinquent act of violating his probation. On appeal, the State argues that the juvenile court erred when it denied the State’s motion to recuse and when it granted the child’s motion to dismiss. We conclude that although the trial court properly denied the State’s motion to recuse, it erred when it dismissed the petition. We therefore affirm in part and reverse in part.

The record shows that on March 21, 2014, the State filed a petition alleging that the child had committed the delinquent act of violating his probation for previous delinquencies including burglary and criminal damage to property. The petition cited both OCGA § 15-11-2 19, which includes a violation of probation by a child previously adjudicated as delinquent in its definition of a “delinquent act,”1 and OCGA § 15-11-608 b, which provides that a prosecutor informed of a violation of probation “may file a motion in the juvenile court for revocation of probation.”2 At a hearing on March 26, 2014, the State noted that it was orally amending its petition to proceed under OCGA § 15-11-2 19 B only, and not under OCGA § 15-11-608. The juvenile court then continued the hearing until April 4, 2014, in order to obtain argument on the interplay between these two new Juvenile Code sections.

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