In the Interest of H. E. B.

The juvenile court had jurisdiction over the minor's case, because O.C.G.A. § 15-11-2 2 defines a child, inter alia, as an individual under the age of 18 years, who is alleged to be a status offender and the minor was charged with running away from home.

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The juvenile court adjudicated H. E. B. delinquent for running away from home when she was 17 years old.1 On appeal, H. E. B. contends that the court erred in denying her motion to dismiss for lack of jurisdiction based on OCGA § 15-11-28 d, which states that “the juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the age of 17 years.” Because we conclude that OCGA § 15-11-2 2 C extends the court’s jurisdiction to certain offenses, such as running away, which are committed when a child is under the age of 18 years, we affirm.

OCGA § 15-11-2 2 defines a “child” as any individual who is: A Under the age of 17 years; B Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or C Under the age of 18 years, if alleged to be a “deprived child” or a “status offender” as defined by this Code section. A “status offender” is defined as a child “who is charged with or adjudicated of an offense which would not be a crime if it were committed by an adult, in other words, an act which is only an offense because of the perpetrator’s status as a child. Such offenses shall include . . . running away from home.”2 In denying H. E. B.’s motion to dismiss, the juvenile court ruled that it had jurisdiction pursuant to OCGA § 15-11-2 2 C, because H. E. B. had been charged with the status offense of running away from home when she was under the age of 18. We review this decision de novo as it involves the interpretation of a statute, which is a question of law.3

In the Interest of H. E. B.

The juvenile court had jurisdiction over the minor's case, because O.C.G.A. § 15-11-2 2 defines a child, inter alia, as an individual under the age of 18 years, who is alleged to be a status offender and the minor was charged with running away from home.

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