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In the Interest of T. C. S.

The juvenile court failed to make written factual findings as to the five elements set forth in O.C.G.A. § 15-11-63 b, which were necessary to confine the juvenile to restrictive custody.

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On February 17, 2009, the Oglethorpe County Juvenile Court adjudicated 17-year-old T. C. S. delinquent for acts that if committed by an adult would have constituted the offense of aggravated assault.1 T. C. S. appeals, challenging the sufficiency of the evidence and arguing that the trial court erred by failing to make written findings of fact as required by OCGA § 15-11-63 b before placing him in restrictive custody. Although sufficient evidence supports T. C. S.’s delinquency adjudication, we vacate the judgment and remand this case for the juvenile court to make the specific written findings of fact required by OCGA § 15-11-63 b. “In considering a challenge to the sufficiency of the evidence supporting an adjudication of delinquency, we view the evidence in favor of the juvenile court’s finding, determining only if a reasonable trier of fact could have found beyond a reasonable doubt that the juvenile committed the acts charged.”2

Viewed in this light, the evidence shows that in September 2007, T. C. S. and several others, including Kimberly Morgan, went to the home of Amanda Simpson and James Mulkey. While there, T. C. S. noticed that Mulkey, who ran a pawn shop, had a bag containing money and jewelry. Afterwards, T. C. S. told Simpson that he would rob Mulkey, and Morgan overheard the comment.3 During the visit, Mulkey and Simpson both noticed that T. C. S. repeatedly referred to others as “dog” when speaking to them.

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