In the Interest of S. S.
In the Interest of S. S.
Opinion of the Court
On February 24, 2004, 16-year-old S. S. was adjudicated delinquent for the offense of aggravated child molestation. On March 11, 2004, the juvenile court entered an order committing S. S. as a designated felon to the Department of Juvenile Justice, but the order did not contain findings of fact as required by OCGA § 15-11-63 (c). Consequently, on May 3,2004, the court entered a dispositional order which included the findings of fact supporting the determination of restrictive custody. The dispositional order further provided that S. S. be placed in the Department’s custody for five years, that he be placed in a Youth Detention Center (YDC) for a period of not less than twelve months and no more than sixty months, and that he not be released from a YDC or transferred to a nonsecure facility unless by a court order.
Pursuant to that dispositional order, the Department placed S. S. in confinement for one year, after which the Department, without a court order, released him on intensive supervision. Upon learning of S. S.’s release, the juvenile court filed an amended dispositional order on April 4, 2005, nunc pro tunc to February 24, 2004, directing that S. S. be confined in a YDC for 60 months, followed by 12 months of intensive supervision.
The Department moved to set aside that order, but the juvenile court dismissed the motion and ordered that S. S. be placed back in confinement. The Department and S. S. have filed separate appeals, which we consider together because they arise from the same ruling and raise the same issues.
An order of the juvenile court may be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Department may not be changed, modified or vacated after the child has been transferred to the physical custody of the Department.
The state does not claim otherwise, and instead argues that the juvenile court’s amended order of April 2005 did not materially change the original dispositional order of May 2004. According to the state, at the adjudicatory hearing the judge stated her intent that S. S. be confined for five years, and the amended order simply reiterates that intent. The state’s position is without merit.
A judge’s oral pronouncement is not a judgment until it is put in writing and entered as the judgment.
In the amended dispositional order of April 2005, the juvenile court materially changed this confinement range established in the original dispositional order by directing that S. S. be confined for the entire 60 months. As recited above, the court had no authority to
Judgments reversed.
The Department appeals in Case No. A05A1897, andS. S. appeals in Case No. A05A1898.
OCGA § 15-11-40 (b); In the Interest of B. D. T., 219 Ga. App. 804 (466 SE2d 680) (1996).
See Dept. of Human Resources v. J. R. S., 161 Ga. App. 262, 263-264 (287 SE2d 713) (1982).
In the Interest of L. H., 242 Ga. App. 659, 660 (2) (530 SE2d 753) (2000).
Id.
OCGA§ 15-11-40 (b).
Reference
- Full Case Name
- IN THE INTEREST OF S. S., a child (two cases)
- Cited By
- 13 cases
- Status
- Published