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In the Interest of C. M.

The juvenile court properly sentenced the then-14-year-old to restrictive custody.

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This appeal arises from a disposition order of the Juvenile Court of Polk County placing C. M., then 14 years old, in the custody of the Department of Juvenile Justice “DJJ”for an initial period of up to 36 months, with 12 months of the custodial period to be spent in restrictive custody in a facility managed by the Georgia Department of Corrections. C. M. contends that: 1 the juvenile court’s decision to revoke a prior sentence of probation and to place him in restrictive custody was arbitrary and “precludes treatment and rehabilitation in a less restrictive setting”; 2 his due process rights were violated when the court, in entering the disposition order, relied on a document that was “attached to and made a part of the decision, after the conclusion of the disposition hearing”; and 3 the juvenile court violated his Fifth Amendment rights by commenting on his failure to testify or to deny that he had committed an offense. We affirm.

Viewed in favor of the juvenile court’s order,1 the record shows the following. On August 21, 2013, a petition was filed in the Juvenile Court of Polk County, alleging that on May 23, 2013, C. M. committed acts that, if committed by an adult, would have constituted the offenses of simple battery, obstruction of an officer, and disrupting a public school. Subsequently, on January 2, 2014, another petition was filed in the Juvenile Court of Polk County, alleging that between December 28, 2013 and December 29, 2013, C. M. was a runaway child and was ungovernable, and that on December 29, 2013, he committed an act that, if committed by an adult, would have constituted the offense of aggravated assault.2

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