In the Interest of J. S.
In the Interest of J. S.
Opinion of the Court
We granted certiorari in this case to determine whether OCGA § 15-11-8 (a) requires either a county or the Department of Juvenile Justice (Department) to pay for emergency medical treatment for a juvenile temporarily placed by a juvenile court into the Department’s custody while that juvenile’s adjudication and the disposition of her delinquency petition remains pending. After considering this issue, the Court of Appeals found that a county is responsible for this emergency medical treatment. See In the Interest of J. S., 283 Ga. App. 448 (641 SE2d 682) (2007). For the reasons set forth below, we affirm.
The facts are not disputed. J. S., who was 15 years old at the time, failed to appear for an adjudication hearing relating to a petition of delinquency, and, as a result, on March 17, 2005, the Juvenile Court of Baldwin County issued an order that she be taken into custody for her own protection. See OCGA § 15-11-46. Although the juvenile court retained legal custody over J. S., it issued an order placing J. S. into the temporary physical custody of the Department for the period of time that her adjudication and disposition of the delinquency petition were pending. Approximately two months later, while still in the temporary physical custody of the Department, J. S. began suffering from galactorrhea, which some testimony showed could be related to life-threatening conditions. A number of medical procedures were performed to discover the cause of the problem. Ultimately, magnetic resonance imaging (MRI) revealed that J. S. was suffering from a tumor on her pituitary gland. The Department was billed $4,568.50 for J. S.’s treatment, tests, and procedures, and it filed a motion requesting the juvenile court to certify the expenses for
The question now before us, in its simplest terms, is who must pay the expense of emergency medical procedures for a juvenile who is in the legal custody of the juvenile court of a particular county but has been placed in the physical custody of the Department. To answer this question, we must turn to statutory authority. OCGA § 15-11-8 provides:
(a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court: (1) The cost of medical and other examinations and treatment of a child ordered by the court... (5) The expense of service of summons, notices, and subpoenas, travel expenses of witnesses, transportation, subsistence, and detention of the child, and other like expenses incurred in the proceedings under this chapter.
On its face, this statute does not directly address the question at hand. However, the statute does provide that the expense of “subsistence ... and other like expenses incurred...” shall be charged to the county following certification. We agree with the Court of Appeals in its decision below that this category of expenses includes emergency medical treatment like that provided to J. S. in this case.
First, although undefined in the statute and defined in slightly different ways by different outside sources, the term “subsistence” is commonly defined to cover the bare necessities required to preserve life, including necessary medical treatment.
Judgment affirmed.
Georgia’s Attorney General reached a similar result in a 2002 opinion. SeeOp.Atty. Gen. 2002-6 (issued September 24, 2002).
For example, Black’s Law Dictionary identifies things which are required for subsistence as “necessaries” which are “reasonably essential for the preservation and enjoyment of life.” These necessaries may include food and medicine, among other things. Black’s Law Dictionary (8th ed. 2004).
Reference
- Full Case Name
- In the Interest of J. S., a child
- Cited By
- 5 cases
- Status
- Published