In the Interest of T. F.

Where, as here, the probation violation occurs after the juvenile's 17th birthday, the juvenile court's jurisdiction under O.C.G.A. § 15-11-28 a 1 F is limited to revoking the juvenile's probation for his previous adjudication of delinquency.

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T. F. appeals from an order entered on February 24, 2011 by the Juvenile Court of Tattnall County in which he was treated under the Designated Felony Act, OCGA § 15-11-63, and committed to the Department of Juvenile Justice for a period of five years, thirty months of which were to be served in confinement at a Youth Development Campus. We now reverse. The record and hearing transcript shows that on August 6, 2009, T. F. was charged with committing acts which, had he been tried as an adult, would have constituted the crimes of participation in criminal street gang activities and aggravated assault. At that time, T. F., who was born on November 8, 1993, was fifteen years old. T. F. was adjudicated delinquent based on his commission of these acts and placed on High Intensity Team Supervision “HITS” probation in October, 2009.

In January 2011, a complaint, subsequently amended, was filed pursuant to OCGA § 15-11-2 B alleging T. F. had exhausted all allowable sanctions while on probation, the most recent violation being that he had missed curfew by three hours. A petition to show cause was also filed on January 7, 2011, which required, inter alia, T. F. to appear and show “why his probation should not be revoked, and he complete a 30-day short term program.” At a hearing held on January 27, 2011, for which we have no transcript, T. F. entered an admission to the probation violation and a dispositional hearing was held on February 10, 2011.

In the Interest of T. F.

Where, as here, the probation violation occurs after the juvenile's 17th birthday, the juvenile court's jurisdiction under O.C.G.A. § 15-11-28 a 1 F is limited to revoking the juvenile's probation for his previous adjudication of delinquency.

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