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In the Interest of JLK

The evidence was insufficient to adjudicate defendant delinquent on the charge of simple assault, because the only evidence presented was hearsay.

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Following a hearing, J. L. K. was adjudicated delinquent for the offense of simple assault. Thereafter, he twice requested the trial court to reconsider, modify, or vacate various orders entered regarding his disposition. On appeal of the denial of the second motion, he raises ten enumerations of error, of which the State concedes all but two. 1. The circumstances of this appeal require that we, as a threshold matter, inquire into our own jurisdiction. See Segura v. State , 280 Ga. App. 685, 686 1 634 SE2d 858 2006.

The record shows the juvenile court ordered the child detained on September 18, 2008, that a delinquency petition was filed on October 1, and that following a hearing, the boy was adjudicated delinquent on October 2. The court gave the child a “suspended short term program” of 30 hours of community service, and ordered that the child receive no more juvenile complaints while on adjudicated status with the court. Yet the court also ordered that the disposition of the case be postponed until further order of the court. As was made clear at the hearing, the court placed the child in the custody of his biological mother despite the fact that the grandmother was purported to be his legal guardian. In that regard, the court entered an order of “conditions of placement” which stated that the child was under the supervision of the Department of Juvenile Justice but residing with the mother.

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