W.J.K., In Interest of, 76842
Decision Date | 07 September 1988 |
Docket Number | No. 76842,76842 |
Citation | 188 Ga.App. 299,372 S.E.2d 681 |
Parties | In the Interest of W.J.K. |
Court | Georgia Court of Appeals |
Michael J. Bowers, Atty. Gen., Marion O. Gordon, First Asst. Atty. Gen., Carol A. Cosgrove, Sr. Asst. Atty. Gen., for appellant.
Charlotte M. Hobson, William Kennedy, pro se.
Betty Kennedy, pro se.
The Georgia Department of Human Resources, for the Houston County Department of Family and Children Services (DFACS), appeals the order of the Juvenile Court sealing records pursuant to OCGA § 15-11-61.
Although the record here contains none of the papers related to the original activity involved, it appears from the hearing conducted on the request to seal, submitted on behalf of her son by the mother, that the parents of W.J.K. had filed a complaint with the sheriff's department alleging sexual activity between their son and two other young boys, which could have been grounds for a delinquency petition in juvenile court. No petition was ever filed. Apparently, no resolution was made, i.e., no adjudication was entered and no informal adjustment was engaged in. The sheriff's department contacted DFACS and W.J.K. did go for mental health counseling, but DFACS stated he had not completed it and contended that he was "not rehabilitated."
W.J.K., after reaching the age of 17, sought via his mother's request to have the records sealed. The clerk of the juvenile court sent notification of it to the appropriate entities, including the Houston County DFACS, the local arm of appellant Department.
The Department had no objections to the sealing of any records contained in the juvenile court and law enforcement files, and agreed that any of its records which originated from that court or a law enforcement agency could appropriately be sealed. Thus, no issue arises before us in this regard. The Department contended, however, that any records of its investigation which were not part of a court proceeding could not be sealed.
During the hearing on the request to seal, the court indicated that the only authority relating to sealing of records outside the court and law enforcement agencies, which the Department was not, was that provided by the Uniform Juvenile Court Rules, 254 Ga. 763, apparently referring to USCR 3.4. The court then ordered sealed all records relating to W.J.K. in the possession of the court, law enforcement agencies, and "all departments," including appellant. OCGA § 15-11-61 provides:
What is subject to sealing under this section is "the proceeding" which results in an adjudication of delinquency or unruly. Such proceedings are initiated either by complaint, as provided by UJCR 4.1-4.4, or by the filing of a petition, as provided by OCGA § 15-11-11 and UJCR 5, which, according to section 15-11-11, commences a proceeding under the Juvenile Code.
A complaint or a petition may be disposed of by informal adjustment, which is a means of counseling the child without an adjudication. OCGA § 15-11-14; UJCR 4.3. If informal adjustment is used after the filing of a petition, the petition is withdrawn. UJCR 4.3. The rules also provide that a person who has had his case informally adjusted may request that the "files and records in the proceeding" be sealed. UJCR 3.4.
The juvenile court is "a court of special and limited jurisdiction...." having only those powers given to it by the legislature. Williams v. Dept. of Human Resources, 150 Ga.App....
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...Resources has standing to appeal juvenile court decisions rendered against the county departments. See, e.g., In the Interest of W.J.K., 188 Ga.App. 299, 372 S.E.2d 681 (1988). Finally, and of particular significance to the case at bar, when a juvenile court orders a child removed from his ......
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