In the Interest of J. M. A., a Child
340 Ga. App. 155
| Ga. Ct. App. | 2017Background
- In July 2014, 13‑year‑old J.M.A. was adjudicated delinquent for attempted burglary and placed on one year of probation with conditions including 40 hours community service and a $75 supervision fee due by Sept. 18, 2014.
- In July 2015 (after the one‑year probation term), the State filed a new delinquency petition alleging J.M.A. violated probation by not completing service hours and not paying the fee, citing OCGA § 15‑11‑2(19)(B).
- J.M.A. moved to dismiss for lack of jurisdiction, arguing the juvenile court’s probation jurisdiction ended when the original one‑year term expired and no tolling applied.
- At the January 2016 adjudicatory hearing, the probation officer testified J.M.A. had completed only 36 of 40 hours and still owed $55 when proceedings began; the officer had offered flexible placement and a low payment plan. The mother testified about transportation, unemployment, and a later foot injury but conceded J.M.A. had been physically able to work before April 2015 and received $725/month in SSI.
- The juvenile court found the failures were willful, adjudicated J.M.A. delinquent for violating probation, and imposed six months’ probation with additional community service and a $55 fee balance. J.M.A. appealed.
Issues
| Issue | Plaintiff's Argument (J.M.A.) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Jurisdiction to adjudicate probation violation after original probation expired | Juvenile court lost jurisdiction when the one‑year probation term ended; no statutory/common law tolling | State filed a new delinquency petition under OCGA §15‑11‑2(19)(B) alleging a new delinquent act (violation of probation), which falls within juvenile court jurisdiction | Juvenile court had jurisdiction to hear the new delinquency petition; denial of dismissal affirmed |
| Sufficiency of evidence—willfulness of failure to pay supervision fee | No proof of willful refusal; claimed inability to pay due to family circumstances and injury | Probation officer offered payment plan; J.M.A. received SSI and made no bona fide effort to earn money; mother testified he could work pre‑injury | Evidence was sufficient for a rational factfinder to conclude willful failure to pay; adjudication affirmed |
| Sufficiency of evidence—willfulness of failing to complete community service timely | Failure attributable to transportation, injury, family hardship, not willful conduct | Officer provided flexibility and assistance; J.M.A. had months pre‑injury and completed only part of hours during probationary term | Evidence supported finding the late completion was voluntary/willful; adjudication affirmed |
| Requirement of explicit written finding on willfulness | Johnson argued an express finding was required | Court noted Johnson involved revocation and imprisonment; post‑Johnson precedent requires no precise language if record shows willfulness was considered | No explicit phrasing required; record shows court considered and rejected excuses—no reversal needed |
Key Cases Cited
- In the Interest of H. J. C., 331 Ga. App. 506 (explaining §15‑11‑2(19)(B) allows new delinquency petitions for probation violations)
- Odom v. State, 312 Ga. App. 403 (juvenile court may infer failure to make bona fide efforts to obtain funds when evidence supports it)
- Gray v. State, 313 Ga. App. 470 (probation violation adjudication requires willful and voluntary conduct)
- Oliver v. State, 305 Ga. App. 779 (failure to complete required program may be due to voluntary poor choices)
- State v. Mohamed, 203 Ga. App. 21 (general rule: jurisdiction to modify sentence ends when sentence served)
- Sentinel Offender Svcs., LLC v. Glover, 296 Ga. 315 (once sentence served, jurisdiction ceases)
- Bearden v. Georgia, 461 U.S. 660 (failure to pay fines/fees must be willful or show bona fide efforts to pay)