Georgia Association of Homes and Services for Children

Legislation of Interest to Child Welfare Providers - These updates and summaries are provided with generous assistance of the Barton Clinic . Selections are made based on the interests of those who provide services to at-risk children. These bills are linked and their current status can be determined by clicking link.

The 2007-2008 Biannual Legislative Session of the Georgia General Assembly is finished. Over 2000 bills and over 3500 Resolutions were considered by the House and the Senate. Over 100 bills directly or indirectly impacted child wellbeing, child welfare agencies or the policies that direct them. Over 70 bills were on the GAHSC watch list. GAHSC was directly involved in the advocacy of dozens. We testified before more than a dozen committees concerning bills that directly impacted child welfare and child welfare agencies. Of the bills that we followed, watched and advocated are listed below and their current status. A bill does not become law until the Governor signs the bill. Several still await the Governor’s signature. A bill marked (Became Law) has been signed by the Governor and is now law. A bill marked (awaits Governor’s signature) has not been reviewed by the Governor for his signature or veto. A resolution marked (Accepted) has been accepted as a resolution by the respected House or Senate. A bill marked (Dead) did not get the required passage from both the House and Senate.

HB 3 (Dead) would amend O.C.G.A. Title 19 related to child custody proceedings to require a mother who surrenders her infant for adoption to provide notice to the biological father of her intent to place the infant for adoption. The biological father would have three days after receiving notice to object to the transfer of custody. The notice requirements would not apply to infants who, through a valid court order, are placed in the temporary custody of the Department of Human Resources because of allegations of deprivation. The bill has been assigned to the House Civil Judiciary Committee.
HB 47 (Dead) seeks to create a Department of Health by merging the Department of Human Resources and the Department of Community Health. The bill has been assigned to the House Health and Human Services Committee.
HB 153 (Became Law) requires the Division of Family and Children Services (DFCS) to notify the juvenile court of placement changes for children in DFCS custody and allows for an opportunity for any party to request a hearing to review the placement. The bill also would amend O.C.G.A. § 15-11-21 related to "judges in the first instance." Under current law, parties in juvenile court can request that any hearing other than a detention hearing or a probable cause hearing be heard by a judge as opposed to an associate judge. This bill would remove the parties' ability to request what is sometimes referred to as a "judge in the first instance." The bill states that the judge shall determine if a judge or associate judge conducts the case. The committee substitute to HB 153 that passed out of the Senate Judiciary Committee on March 29 expands the requirement for notice to the court within 24 hours of an "emergency" placement change to also include notice to the attorneys for all parties. HB 153 passed the Senate on April 11 and received agreement from the House on April 13. The bill was signed by the Governor on May 29, 2007. DFCS policy can be found here.
HB 155 (Became Law) permits the Department of Human Resources (DHR) to obtain criminal history background checks for owners and operators of any child welfare agency defined as a licensed "child-caring institution, child-placing agency and maternity home." Licenses to operate cannot be issued to owners or operators with criminal histories. The bill grants DHR authority to promulgate rules and regulations to implement the provisions of the code section. HB 155 passed the Senate on April 13 and received agreement from the House on April 17. The bill was signed by the Governor on May 23, 2007.
HB 156 (Dead) would modify the Child Support Recovery Act O.C.G.A. §19-11-6 and §19-11-8 to authorize the Department of Human Resources to impose a $12 fee on a child support recipient, to be deducted in 12 monthly installments from the child support collection before distribution to the recipient, and a $13 fee on child support obligors, to be collected in 12 monthly installments through income withholding or other means, after the Department has collected $500 of child support annually for each case. Fees would not be imposed on child support collections for children who receive TANF or children in DFCS custody. The bill was favorably reported by the House Civil Judiciary Committee on February 27 and is expected to be considered by the full House on March 19 (see also the companion bill SB 42).
HB 158 (Dead) would modify O.C.G.A. Title 19 and O.C.G.A. Title 15 related to the voluntary acknowledgment of legitimation of a child by a biological father. The bill would amend the juvenile code, specifically O.C.G.A. § 15-11-2 and § 15-11-96(h) to recognize as legal fathers, fathers who legitimate a child by voluntary acknowledgment as provided in O.C.G.A. § 19-7-21.1. This type of legitimation is sometimes referred to as an "administrative legitimation," because it happens without court oversight.
HB 168 (Became Law) modifies O.C.G.A. § 15-11-21 regarding the qualifications for associate juvenile court judges. The bill revises the qualifications for an associate judge to match the qualifications for a full judge of the juvenile court: judges must be 30 years old, have been a citizen of the state for three years, and have practiced law for five years. Associate judges who are already serving and do not meet the new qualifications would be allowed to continue to serve. The Senate Committee on Special Judiciary passed a substitute to the bill that included all of the original provisions and added provisions from HB 303, which did not survive crossover day. The added provisions would modify O.C.G.A. §15-11-58 to permit the court to extend an original custody order in a deprivation case for one or more periods of 12 months if a hearing is held on the motion to extend and the court finds by clear and convincing evidence that the extension is necessary and in the best interests of the child. The Senate passed the committee substitute to HB 168 on April 17. The House subsequently disagreed with that version and the Senate ultimately receded the substitute. The original version of HB 168, without any amendment, was signed by the Governor on May 24, 2007.
HB 174 (Dead) would prohibit drivers with instruction permits and graduated drivers' licenses from speaking on a cell phone while driving. The bill's sponsors are targeting cell phone use by inexperienced and teenage drivers. One point would be assessed to the license holder for a violation. The bill has been assigned to the House Motor Vehicles Committee.
HB 270 (Became Law) amends O.C.G.A. Title 15 by creating a new section, § 15-11-9.1, that seeks to define the role of court appointed special advocates (CASAs). The bill defines a CASA as a community volunteer who has been screened and trained regarding deprivation, child development, and juvenile court procedures, has met the requirements of an affiliate court appointed special advocate program, is being actively supervised by such a program and has been appointed as a guardian ad litem by the court in a deprivation proceeding. The bill passed out of the Senate on April 11 and received agreement by the House on April 13. The bill was signed by the Governor on May 24, 2007.
HB 279 (Dead) would define medically necessary services under Medicaid's Early Periodic Screening, Diagnostic, and Treatment Program (EPSDT) to mean "services which are deemed necessary by a physician or other health care provider pursuant to the EPSDT Program to diagnose, correct, or ameliorate defects and physical and mental illnesses and conditions, whether or not such services are covered under the state plan." This proposed definition of medically necessary services under EPSDT Medicaid tracks the federal definition as defined by statute and upheld by case law. The bill would also require the Department of Community Health to provide notice to Medicaid recipients when EPSDT services are denied. The Senate Health and Human Services Committee passed HB 279 on March 5, 2008. The bill now awaits consideration by the Senate.
HB 303 (Dead) would amend O.C.G.A. §15-11-58 related to the extension of custody orders for children in the custody of DFCS. Under current law, DFCS custody orders are issued for one year and extendable for a second twelve month period for a maximum of 24 months or two years. This bill would allow the court to extend custody for one or more periods of twelve months. In other words, the court could annually extend DFCS custody orders beyond the current cap of 24 months. HB 369 would amend O.C.G.A. Title 19 related to child custody proceedings. The bill would expand parties' ability to appeal decisions of the lower court, allowing parties direct appeal for all judgments or orders in divorce, alimony, child custody and other domestic relations cases including holding or declining to hold a party in contempt. The bill would also remove the "right of selection" for children 14 years of age or older. Under current law, in a child custody dispute between parents, a child who is 14 or older has the right to select the parent with whom s/he wants to live. The bill would require the judge to consider the desires of any child 11 years old or older, but the child's desire would not be controlling.
HB 334 (Dead) would amend O.C.G.A § 15-11-21 related to judges in the first instance. Under current law, parties in juvenile court can request that any hearing other than a detention hearing or a probable cause hearing be heard by a judge as opposed to an associate judge. This bill would remove the parties' ability to request what is sometimes referred to as a "judge in the first instance." The bill states that the judge shall determine if a judge or associate judge conducts the case.
HB 369 (Became Law) amends O.C.G.A. Title 19 related to child custody proceedings. The bill expands parties' ability to appeal decisions of the lower court, allowing parties direct appeal for all judgments or orders in divorce, alimony, child custody and other domestic relations cases including holding or declining to hold a party in contempt. The bill also removes the "right of selection" for children 14 years of age or older. Under current law, in a child custody dispute between parents, a child who is 14 or older has the right to select the parent with whom s/he wants to live. HB 369 would require the judge to consider the desires of any child 11 years old or older, but the child's desire would not be controlling. The bill also requires application for appeal in termination of parental rights cases. HB 369 was adopted by the Senate on April 19 and the bill was signed by the Governor on May 29, 2007.
HB 497 (Became Law) amends Chapter 8 of Title 19 relating to adoptions to permit a biological father who is not a legal father of a child being placed for adoption to surrender his rights to the child before the child's birth, and it provides a statutory form for the pre-birth surrender. The process for a pre-birth surrender would extend to biological fathers whose child(ren) are being surrendered to the Department of Human Resources for adoption. The pre-birth surrender would serve to relinquish the alleged biological father's rights to the child and his right to notice of any proceeding with respect to the child's adoption, custody or guardianship. The bill proposes a 10-day period of revocation of the pre-birth surrender and provides that the responsibilities of the alleged biological father are permanently terminated only upon the entry of a final order of adoption. The bill further prohibits a mother who has validly surrendered her parental rights to a child for purposes of adoption from executing a voluntary acknowledgment of legitimation pursuant to O.C.G.A. § 19-7-22(g)(2) or a voluntary acknowledgment of paternity pursuant to O.C.G.A. § 19-7-46.1 regarding the same child, and it provides for the dissolution of the mother's surrender of parental rights should the biological father successfully legitimate the child. HB 497 passed the full Senate on April 13 and received agreement by the House on April 17. The bill was signed by the Governor on May 23, 2007.
HB 525 (Dead) would amend Title 17 by adding a new chapter 19 requiring all custodial interrogations of an "accused," defined as any person less than 17 years old, to be electronically recorded. Any custodial interrogation of an accused is deemed inadmissible against the accused unless electronically recorded and the accused's parents, legal guardian, or attorney is present at the time of the interrogation. Exceptions to the rule of inadmissibility are provided such as when the interrogation is conducted in a location other than a place of detention and electronic recording equipment is not available, when the accused refuses to be electronically recorded, equipment failure, and spontaneous statements of the accused. HB 525 has been assigned to the House Non-Civil Judiciary Committee.
HB535 - Mental health; patient advocacy board; create (Awaits the Governor's Signature) a patient advocacy board and the position of Patient Advocate General to investigate fatalities and allegations of abuse, neglect, or improper treatment occurring in facilities operated by, subjection to certification by, or under contact with the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.
HB 542 (Dead) would add a new chapter 28-8A-1 to Title 28 creating a Georgia Legislative Youth Advisory Council. The purpose of the council would be to advise the General Assembly on proposed and pending legislation, state budget expenditures, and policy matters relating to youth. The council would examine issues of importance to youth, including education, employment, and strategies to increase youth participation in government, and any other issue deemed important. HB 542 proposes that the council be made up of 40 members, ages 16 to 21, appointed to serve two-year terms and four legislators.
HB 279 (Dead) would define medically necessary services under Medicaid's Early Periodic Screening, Diagnostic, and Treatment Program (EPSDT) to mean "services which are deemed necessary by a physician or other health care provider pursuant to the EPSDT Program to diagnose, correct, or ameliorate defects and physical and mental illnesses and conditions, whether or not such services are covered under the state plan." This proposed definition of medically necessary services under EPSDT Medicaid tracks the federal definition as defined by statute and upheld by case law. The bill would also require the Department of Community Health to provide notice to Medicaid recipients when EPSDT services are denied. The Senate Health and Human Services Committee passed HB 279 on March 5, 2008. The bill now awaits consideration by the Senate.
HB 549 (Dead) would amend Title 49, related to public assistance, to add a new article requiring the provision of "basic therapy services" to all persons under age 21 who are eligible for such services under the Medicaid Early Periodic Screening, Diagnostic and Treatment (EPSDT) Program, without prior approval. The committee substitute adopted by the Senate also prescribes specific requirements for the Department of Community Health with regard to procedures and criteria for processing requests for prior approval of physical, occupational, or speech language pathologist services prescribed for children under the EPSDT Program. The House agreed to the Senate version on April 20, but the bill was vetoed by the Governor on May 30, 2007. On January 14, 2008 the House overrode the Governor's veto. HB 549 now awaits consideration by the Senate.
HB 599 (Dead) would grant juvenile courts concurrent jurisdiction with the Superior Courts to hear an adoption petition in specific circumstances. The juvenile court would have jurisdiction (1) in a case in which the juvenile court had previously heard the termination of parental rights petition or the parent had voluntarily surrendered while the child was in DFCS custody and, if (2) the Superior Court has not set a final hearing date on the adoption within 30 days from the date of filing the adoption petition. HB 599 also shortens the timeframe in which an adoption petition must be filed from 6 months to 4 months unless an adoptive placement has not been approved or adoption is not in the best interest of the child.
HB 613 (Dead) would amend O.C.G.A. §15-11-78 to allow the general public to attend juvenile court proceedings, except adoption proceedings, unless the court closes the proceedings upon a finding that exceptional circumstances exist, that the proceeding involves allegations of a sexual offense or that closing the proceeding is in the best interest of the child, considering the child's age, the nature of the allegations, and any potential effect of publicity on achieving reunification of the family. Additionally, the court may refuse to admit any person to a hearing upon making a finding on the record that the person's presence would be detrimental to the best interest of the child, impair the fact-finding process, or otherwise be contrary to the interest of justice. HB 613 further requires that the court request the media not to publicize any identifying information regarding the child or the child's family and directs that any requests for installation of electronic recording equipment be made to the court 2 days in advance of the hearing. The bill also limits the inspection of juvenile court records to the child, the child's guardian ad litem, DFCS, and the child's parents, guardian or custodian, and permits the court to seal a record containing identifying information about a victim of a sexual offense.
HB662 - Juvenile proceedings; unruly children; detention; change certain provision (Dead) so as to change certain provisions relating to detention of unruly children and status offenders; to change the definition of unruly; to change provisions relating to when detention of a child is permitted;
HB 715 (Became Law) would amend O.C.G.A. §49-3-3 to remove the requirement that the Commissioner of the Department of Human Resources obtain a register of qualified applicants from the State Merit System of Personnel Administration to fill positions for county directors of the Department of Family and Children Services. HB 866 would amend Title 49, related to public assistance, to codify the delivery of Medicaid dental services to children in foster care. The bill, which was introduced on April 19, requires such dental services to be provided in accordance with reasonable standards of dental practice, including diagnostic and preventive services as specified in the bill.
HB 866 (Dead) also expands Medicaid coverage to youth in foster care until age 21 and provides for their automatic enrollment in the program. The bill has been assigned to the House Committee on Health and Human Services.
HB 972 Uniform Prudent Management of Institutional Funds Act (Tumlin, 38th) (Awaits the Governor's Signature) If your organization has or is seeking planned gifts, this bill establishes standards in managing these investments and spending funds consistent with donors' intent. Donor restrictions could be modified only upon application to a court and notification to the Attorney General. Passed the House; pending committee assignment in the Senate
HB 984 (Became Law) seeks to include children's transition care centers in the definition of a child-caring institution for regulatory and licensing purposes. The bill defines children's transition care center as a transition center which provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on life-sustaining medications, treatments, and equipment, and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. The bill defines a short-term stay as one to 14 days, a longer stay as 90 days, and anticipates extended stays in a transition center for up to 12 months with approval by the department by waiver. On March 27, 2008, HB 984 passed the Senate.
HB 1020 (Awaits Governor's Signature) would restrict access to certain sexually explicit or obscene property or material which are evidence in civil and criminal cases involving minors. The law provides for controlled access to property and materials and provides for penalties. The bill has been assigned to the House Committee on Judiciary Non-Civil.
HB1036 - Child custody disputes; parent's change of residence; change certain provisions when a parent who has joint physical custody, sole custody, visitation rights, or parenting time changes such parent´s residence to a location that is 50 miles or more away from the residence he or she occupied at the time the last order regarding custody, visitation rights, or parenting time was entered, he or she shall pay all costs associated with the nonmoving parent´s exercise of custody, visitation rights, or parenting time until such time as an order is entered which provides for the moving parent´s change in residence.
HB1040 - Juvenile courts; deprived child; permanent guardian; grant jurisdiction (Became Law) This legislation would allow the court to

appoint a guardian of any child. The juvenile court may appoint a permanent guardian for a child whose custody is a subject of controversy before the court. Prior to the entry of such an order, the court shall:

(i) Find that reasonable efforts to reunify the child with his or her family would be detrimental to the child in accordance with subsection (h) of Code Section 15-11-58 or find that the living parents or parent of the child have consented to the permanent guardianship;

(ii) Find that termination of parental rights and adoption and, if the proposed guardian is not a relative of the child, that placement with a fit and willing relative, is not in the best interest of the child;

(iii) Find that the proposed permanent guardian can provide a safe and permanent home for the child;

(iv) Find that the appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen as the child´s permanent guardian is the individual most appropriate to be the child´s permanent guardian taking into consideration the best interest of the child; and

(v) If the child is 14 years of age or older, find that the child has consented to the appointment of the individual as his or her permanent guardian.
This bill would provide for a more permanent guardianship to be appointed for a child in cases where the minor is deprived and family reunification would be detrimental to the child. This statute would make guardianships in Georgia harder to dissolve. On March 27, 2008, HB 1040 passed out of the Senate Judiciary Committee and now awaits consideration by the Senate.
HB 1051 (Awaits Governor's Signature) seeks to make changes to certain provisions relating to the county multiagency child fatality review committee and reporting; to change distribution of certain reports; to change certain provisions relating to the Georgia Child Fatality Review Panel's reporting; and to provide for related matters. On March 27, 2008, HB 1051 passed out of the Senate Judiciary Committee and awaits consideration by the Senate.
HB 1054 (Awaits Governor's Signature) or the Children and Family Services Strengthening Act of 2008 would combine the Children's Trust Fund Commission (CTF) with the Children and Youth Coordinating Council (CYCC) to create the Governor's Office for Children and Families. Similarly, the Office of the Child Advocate would provide oversight to the Office of Child Fatality Review. The combined agency would be responsible for overseeing and improving the state's child protection system. On March 27, 2008, HB 1054 passed out of the Senate Judiciary Committee and awaits consideration by the Senate.
HB 1104 Charitable Solicitations (Dempsey, 13th) (Awaits the Governor's Signature) Brought on behalf of the Secretary of State, this bill is aimed at greater oversight of registered and fraudulent paid solicitors and solicitor agents but strengthens regulatory control of charitable organizations as well. Pending in the House Judiciary Committee
HB 1159 (Became Law) seeks to provide an income tax credit with respect to adoption of a qualified foster child. The tax credit would be $2000.00 per qualified foster child per taxable year, ending when the child turns 18. On March 27, 2008, HB 1159 passed out of the Senate Finance Committee and now awaits consideration by the Senate.
HB 1213 (Dead) would modify the incest statute, O.C.G.A. § 16-6-22, to make it gender neutral by including sexual penetration between persons who are related either by blood or by marriage regardless of gender. The bill passed out of the House Committee on Judiciary Non-Civil on Friday, March 7, 2008 and now awaits consideration by the House.
HB 1224 (Dead) seeks to change provisions relating to the disposition of delinquent children by allowing the Department of Juvenile Justice to establish and operate a probation sanctions program for children charged with violations of probation. The first violation would result in a seven day probation sanctions program, followed by a 14 day and then a 30 program. If the child completes all program levels, such child will not be eligible to repeat the programs, but will be subject to other remedies provided in the code. HB 1224 would also eliminate the 60-day short term treatment program. In response to opposition from a wide array of stakeholders, including prosecutors, defense attorneys, and judges, the House Non-Civil Judiciary Committee voted to table the bill on March 7, 2008.
HB 1225 (Dead) would change provisions relating to when interim control or detention of accused children is permitted and the use of a risk assessment instrument for purposes of determining secure detention. The bill states that secure detention should be based on a prudent assessment of risk and limited to situations where there is clear and convincing evidence that, prior to adjudication or disposition, a child presents: a risk of failing to appear, a danger to himself or herself, or a substantial risk of inflicting serious bodily harm on others as evidenced by recent behavior during the interim period. It states that the imposition of interim control or detention may be considered to ensure the child appears at subsequent court hearings or to reduce the likelihood that the child may inflict serious bodily harm on others during the interim period. Lastly, the bill proposes that a written risk assessment instrument selected by the Children and Youth Coordinating Council be used by the court to determine if secure detention is necessary. The House Non-Civil Judiciary Committee voted to table the bill on March 7, 2008.
HB 1245 (Awaits the Governor's Signature) seeks to amend the code relating to courts and legal defense for indigents. This bill would change certain provisions relating to senior judges of the state court, probate court or juvenile court and the requesting of assistance of a senior judge. It would make the Georgia Superior Court Clerks' Cooperative Authority responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defenders council. Also, it would change certain definitions and would change the composition of the Georgia Public Defender Standards Council to include county commissioners, as well as, provide for appointment, qualifications and terms for new members. The bill will also require auditing and accounting of revenues received by the council. Additionally, the bill seeks to restructure the capitol defender function by eliminating the Office of the Capitol Defender and replacing it with a capitol defender division and granting the GPDSC director management and oversight responsibility for the division. Finally, of particular interest to child advocates, HB 1245 would change guidelines for eligibility for a public defender in cases involving misdemeanors, violations of probation, and juvenile offenses punishable by imprisonment, to those whose incomes are at 100% (down from 125%) of the federal poverty guidelines. Juveniles charged with felonies and whose household income is less than 150% of the poverty level would continue to be eligible for a public defender. The House passed the bill on Tuesday, March 4, 2008. HB 1245 now awaits consideration by the Senate where it has been assigned to the Senate Judiciary Committee.
HR1606 - House Study Committee on Children's Mental Health in Georgia; create (Dead) This resolution would create the House Study Committee on Children's Mental Health in Georgia to be composed of five members of the House of Representatives. The purpose would be to study the issues, resources and needs of children with mental health disorders.
HR 1701 (Awaits Governor's Signature) created a House Study Committee for the Protection of Abused and Neglected Children. The committee will undertake a study of the conditions, needs, issues, and problems within the child welfare system by eliciting views from experts who shall include case workers from Division of Family and Children Services, law enforcement officials from local law enforcement agencies who shall have experience investigating child abuse cases, prosecutors with experience prosecuting child abuse cases, the child advocacy officer, juvenile court judges with extensive experience in termination of parental rights cases, and attorneys who shall be members of the Georgia bar with extensive experience in representing the best interest of a child in a child custody proceeding. Furthermore, the committee shall specifically consider several child welfare legislative proposals which are laid out in HR 1701. In addition, the study committee will study and evaluate current law and government policies and practices related to the sexual exploitation of children, particularly the commercialization of child sexual exploitation. The bill now awaits consideration by the Governor.

SB 1 (Awaits the Governor's Signature) would prohibit registered sex offenders from taking any photograph of a minor. The bill passed out of the Senate Judiciary Committee with an amendment on Thursday, February 1, 2007. The amendment included the following language on line 16: "It shall be unlawful for any person who is required to register as a sexual offender pursuant to Code Section 42-1-12 to intentionally photograph a minor without consent of the minor's parent or guardian."
SB 42 (Became Law) modifies the Child Support Recovery Act O.C.G.A. § 19-11-6 and § 19-11-8 to authorize the Department of Human Resources to impose a $12 fee on a child support recipient, to be deducted in 12 monthly installments from the child support collection before distribution to the recipient, and a $13 fee on child support obligors, to be collected in 12 monthly installments through income withholding or other means, after the Department has collected $500 of child support annually for each case. Fees would not be imposed on child support collections for children who receive TANF or children in DFCS custody. SB 42 passed the House on April 16 and was signed by the Governor on May 29, 2007.
SB 51 permits the Department of Human Resources to obtain criminal history background checks for owners and operators of any child welfare agency defined as a licensed "child-caring institution, child-placing agency and maternity home." Licenses to operate cannot be issued to owners with criminal histories. The bill grants DHR authority to promulgate rules and regulations to implement the provisions of the code section. (see also the companion bill HB 155 (Awaits the Governor's Signature)).
SB 54 would modify the incest statute O.C.G.A. §16-6-22 to make it gender neutral and to include sodomy in the definition of incest.
SB 61 (Became Law) modifies the criminal records check requirement for a petitioner in an adoption to include submission to criminal records checks from both the Georgia Crime Information Center (GCIC) and the FBI, at the expense of the petitioner. The bill passed the House on April 16 and was signed by the Governor on May 11, 2007.
SB 88 (Awaits Governor's Signature) or the Care of a Grandchild Act creates a statutory power of attorney for the care of a minor grandchild. The power of attorney would provide grandparents caring for grandchildren the power to enroll a child in school, authorize medical, dental and mental health care, and any other powers as specified by the granting parent. Additionally, there was an amendment to SB 88 that makes some changes to administrative legitimation. SB 88 defines acknowledgment of legitimation as a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated. This bill now limits administrative legitimation to the first year of the child's life and specifically states when it will not be recognized. Also, it cleans up some of the code sections by clarifying where it would apply in specific sections of the code. On March 28, 2008, SB 88 was passed by the House. The bill now awaits consideration by the Governor.
SB 98 (Became Law) passed the House Judiciary Non-Civil Committee on April 11 by a substitute version that eliminated the provision authorizing the Director of the GBI to issue a subpoena for the production of documents and empowering the superior court to issue an order to show cause and find a person who refuses to obey the subpoena in contempt. The bill was addressed in conference committee after the Senate disagreed with the House substitute version. The conference committee reports of both chambers were adopted on April 20 and the bill was signed by the Governor on May 23, 2007.
SB 128 (Became Law) modifies O.C.G.A. § 15-11-174 related to the Office of the Child Advocate and the confidentiality of records held by that office. The bill clarifies that records held by the Office of the Child Advocate are bound by the same confidentiality safeguards as records related to abuse and neglect held by DFCS as outlined at O.C.G.A. § 49-5-40 and § 49-5-44. The bill also requires that individuals wishing to obtain records from the Office of the Child Advocate must petition the original record holder of those records. The bill passed the House Judiciary Committee on April 13 by a committee substitute that incorporated the provisions of SB 293, which did not survive crossover day. The amended portions of the bill are designed to bring state law into compliance with federal requirements affecting Title IV-E funding, including providing specifically for consideration of in-state and out-of-state placements for children at permanency hearings, requiring consultation with youth at permanency hearings, providing for a right to be heard in all reviews, hearings, or other proceedings for foster parents, preadoptive parents and relatives, prohibiting the Department of Human Resources from disclosing or using information from child abuse and neglect registries except for the purpose of criminal background checks used in foster care and adoptive placements, and permitting a youth who has aged-out of foster care to receive a free copy of his or her health and education records. SB 128 passed out of the House on April 19 and the amended version received approval by the Senate on April 20. The bill was signed by the Governor on May 24, 2007. Analysis of the bill can be found here.
SB 188 (Became Law) modifies O.C.G.A. § 49-5-281 related to the Foster Parents Bill of Rights to extend the protections and application of the act to foster parents who provide care through private agencies in addition to foster parents who provide care for children who are in the custody of DFCS. The bill as proposed would have allowed any aggrieved person to request a hearing before an administrative law judge of the Office of State Administrative Hearings (OSAH) and to file an appeal pursuant to the Georgia Administrative Procedure Act, but the provision was struck during the committee process. The version of SB 188 that passed the House on April 20 included additional provisions encouraging DHR to incorporate the Foster Parent Bill of Rights into its contracts with private agencies and requiring DHR to develop a grievance procedure in consultation with the Georgia Association of Homes and Services for Children and the Adoptive and Foster Parent Association of Georgia. The Senate agreed to the version adopted by the House on April 20, and the bill was signed by the Governor on May 29, 2007.
SB 277 (Dead) would amend Chapter 11 of Title 15 by adding a new Article 7 prohibiting universal mental health testing and psychiatric or socioemotional screening of children, but permitting such testing or screening in individual cases in which the child's parent, guardian or custodian has provided informed written consent, where required by court order, or in the case of an emergency related to a disaster or epidemic. The bill also prohibits local school systems from relying on a parent's refusal to consent to the administration of a psychotropic medication to a child or student, or to the administration of psychiatric testing, to prohibit a child from attending class, participating in a school-related activity, or as the basis for a school filing a child abuse or neglect report.
SB 278 (Dead) would amend O.C.G.A. §15-11-58 relating to reasonable efforts to reunify a family to require that a child be placed with a relative prior to being placed in foster care unless no relative exists who is able to care for the child. DFCS must show that a registered letter requesting family placement was mailed to each and every relative identified by the child's parent, guardian or custodian and that reasonable efforts were made to effectuate that placement prior to placing the child in DFCS' custody. The bill also strikes involuntary termination of parental rights to a sibling from the list of circumstances for which reasonable efforts to reunify need not be made and alters the provision relating to concurrent planning to prohibit reasonable efforts to reunify from being made concurrently with reasonable efforts to place the child for adoption or with a legal guardian. SB 278 also opens deprivation proceedings to attendance by the general public except upon written application by the child's parents, guardian or custodian and creates the right to a trial by jury in termination of parental rights proceedings.
SB 293 (Dead) would amend juvenile code provisions relating to deprivation to bring them into compliance with federal requirements affecting Title IV-E funding, including providing specifically for consideration of in-state and out-of-state placements for children at permanency hearings, requiring consultation with youth at permanency hearings, providing for a right to be heard in all reviews, hearings, or other proceedings for foster parents, preadoptive parents and relatives, prohibiting the Department of Human Resources from disclosing or using information from child abuse and neglect registries except for the purpose of criminal background checks used in foster care and adoptive placements, and permitting a youth who has aged-out of foster care to receive a free copy of his or her health and education records.
SR 345 (Dead) would amend the Georgia State Constitution to allow faith based groups and other sectarian organizations to contract with the state to provide services.
SR363 - Mental Health Service Delivery Commission; create Vetoed by Governor
SR353 - Foster Youth Day; recognize (Accepted by Senate)
SB 365 (Dead) seeks to have the Department of Juvenile Justice provide for the cost of care and support of children in the temporary custody of the department. The bill has been assigned to the House Appropriations Committee.
SB440 - Pull Tab Games of Chance by Non-Profits (Dead) Authorizes Georgia nonprofits to sell games with paper tickets containing hidden symbols which, when revealed, indicate whether the purchaser is a game winner. Proceeds would have to be used by the selling nonprofit within Georgia. Favorably reported by the Senate Economic Development Committee
SB 415 s(Dead) eeks to reduce the amount of time from seven days to 72 hours that the Department of Human Resources can provide a child with emergency care and supervision without a court order. Additionally, while in the Department's care and supervision, the child could not be given any medication over the objection of the custodial parent or legal custodian. This bill would also provide that juvenile deprivation hearings be open to the public except upon the written application of the parents or guardians of the children who are the subject to the proceeding. SB 415 would provide that efforts be made to place children with relatives prior to transferring custody of such children to the Department of Human Resources. Furthermore, this bill would put limits on certain actions to terminate parental rights. SB 415 would provide for discovery in termination proceedings, as well as sanctions for failure to provide the discovery. Lastly, this bill would amend the Georgia code relating to adoption by prohibiting the state from applying for, obtaining, receiving, or accepting any adoption incentive payments under ASFA or any similar federal legislation providing incentive funds to the state for promoting adoptions. SB 415 was taken up by the Senate Judiciary Committee on March 5, 2008. The chairman offered a committee substitute, which was rejected by the bill's sponsor, Senator Nancy Schaefer. Senator Schaefer subsequently withdrew SB 415 and it was not considered by the committee.
SR 445 (Became Law) creates a Joint Study Committee on the Commercial Sexual Exploitation of Minors to be composed of 12 members. The Commission would undertake to study the nature and scope of commercial sexual exploitation of minors, its effects, best practices for serving commercially sexually exploited children from other states and jurisdictions, and recommend any action or legislation to address the problem. On April 4, 2008, SR 445 was passed by the House.
SB 481 (Dead) seeks to restrict access to evidence of a violation of Code Sections involving sexual exploitation of children, electronically furnishing obscene material to minors, and computer or electronic pornography. It would also provide for controlled access to such evidence in public inspections of evidence. Lastly, it would make it unlawful for persons under certain circumstances to knowingly possess any visual medium which depicts a minor or any portion of a minor's body engaging in sexually explicit conduct to any other person. The Senate Judiciary Committee passed SB 481 (Dead) by committee substitute on March 5, 2008. The bill now awaits consideration by the Senate.
SB 550 (Dead) would modify O.C.G.A. § 19-9-3 related to the discretion of the judge in child custody suits. The bill provides that when a party to a child custody order marries or lives with a person who is a registered sex offender, such an act would constitute a change in material conditions or circumstances of a party or child, and would trigger judicial review.
SB507 - Public Assistance; basic therapy services for children with disabilities; establish requirements; definition (Became Law) - This legislation mirrows the federal requirements to ensure that children with disabilities receive the medically necessary therapy services to which they are entitled under the Medicaid Early Periodic Screening, Diagnostic, and Treatment Program and that the categorically needy and medically fragile children have available to them the same scope, duration, and amount of services of any child covered under Medicaid in the country.
SB 521 (Dead) would provide for disciplinary actions for students who make terroristic threats against public schools. Parents or guardians could also be held liable for civil damages for the cost of these acts. The bill defines terroristic threat as: threatening to commit any crime of violence, release any hazardous substance as such term is defined in Code Section 12-8-92, or burn or damage property with the purpose of terrorizing students, faculty, or staff at a public school or of causing the evacuation of a school building, place of assembly, or transportation facility or otherwise causing serious inconvenience to a public school or in reckless disregard of the risk of causing such terror or inconvenience, including without limitation the making of a bomb threat against a school building, place of assembly, or transportation facility. The Senate Committee on Children and Youth passed SB 521 on Wednesday, March 5, 2008. The bill now awaits consideration by the full Senate.
SR 970 - Open Meetings for all organization performing a public service - (Dead) A proposed constitutional amendment which, if adopted by the voters, could require United Ways and many other nonprofits to open all meetings and records to the public. Currently, only nonprofits received 30% of more of their revenues from public sources must comply with the terms of Georgia's Open Meetings statute. Pending in the Senate Ethics Committee
SR 1020 (Passed) would create the Senate Commercial Sexual Exploitation of Minors Study Commission to be composed of 5 members, appointed by the President of the Senate. The Commission would undertake to study the nature and scope of commercial sexual exploitation of minors, its effects, best practices for serving commercially sexually exploited children from other states and jurisdictions, and recommend any action or legislation to address the problem. This resolution passed out of the Senate Committee on Health and Human Services and awaits consideration by the Senate.

Juvenile Justice Legislation

The following juvenile justice legislation may be of interest to child advocates.

HB 50 (Dead) would modify the Interstate Compact on Juveniles. Passage of the bill would make Georgia a participant in the Compact, or a "party state." Party states agree to work together to achieve the goals of the Compact, which include facilitating cooperative supervision of delinquent juveniles on probation and parole and easing the return from one state to another of delinquent children who have escaped or children who have run away.
HB 52 (Dead) would prohibit the pre-adjudication, interim detention of all children under 16 years old, instead requiring the child's release to his or her parents, provided that the parents promise to bring the child before the court.
HB 168 (Became Law) modifies O.C.G.A. § 15-11-21 regarding the qualifications for associate juvenile court judges. The bill revises the qualifications for an associate judge to match the qualifications for a full judge of the juvenile court: judges must be 30 years old, have been a citizen of the state for three years, and have practiced law for five years. Associate judges who are already serving and do not meet the new qualifications would be allowed to continue to serve. The Senate Committee on Special Judiciary passed a substitute to the bill that included all of the original provisions and added provisions from HB 303, which did not survive crossover day. The added provisions would modify O.C.G.A. §15-11-58 to permit the court to extend an original custody order in a deprivation case for one or more periods of 12 months if a hearing is held on the motion to extend and the court finds by clear and convincing evidence that the extension is necessary and in the best interests of the child. The Senate passed the committee substitute to HB 168 on April 17. The House subsequently disagreed with that version and the Senate ultimately receded the substitute. The original version of HB 168, without any amendment, was signed by the Governor on May 24, 2007.
HB 174 (Dead) would prohibit drivers with instruction permits and graduated drivers' licenses from speaking on a cell phone while driving. The bill's sponsors are targeting cell phone use by inexperienced and teenage drivers. One point would be assessed to the license holder for a violation. The bill has been assigned to the House Motor Vehicles Committee.
HB 525 (Dead) would amend Title 17 by adding a new chapter 19 requiring all custodial interrogations of an "accused," defined as any person less than 17 years old, to be electronically recorded. Any custodial interrogation of an accused is deemed inadmissible against the accused unless electronically recorded and the accused's parents, legal guardian, or attorney is present at the time of the interrogation. Exceptions to the rule of inadmissibility are provided such as when the interrogation is conducted in a location other than a place of detention and electronic recording equipment is not available, when the accused refuses to be electronically recorded, equipment failure, and spontaneous statements of the accused.
HB 662 (Dead) would revise O.C.G.A. §15-11-2 to exclude a child who has committed a delinquent act and is in need of supervision but not treatment or rehabilitation from the definition of unruly child and to prohibit secure confinement for a child who has no prior adjudications of unruliness or delinquency. The bill permits a child who is alleged to be unruly, but who has no prior adjudications of unruliness or delinquency, to be held in a secure juvenile detention facility for up to 24 hours and up to 72 hours if the court finds at the probable cause hearing that the child has a record of willful failure to appear, a record of violent conduct resulting in injury, or a record of leaving court ordered placement without permission. Before detaining an unruly child, the judge presiding at the probable cause hearing must determine if the child has violated an existing court order and review a written report submitted by an independent agency that reviews the child's behavior and determines whether all nonsecure disposition options have been exhausted or are inappropriate.
HB 832 (Dead) would require courts to notify the school district and superintendent of the name, address, and act charged or adjudicated for any child who is charged with or adjudicated for an act which would be a felony or misdemeanor if committee by an adult, other than a traffic offense or juvenile traffic offense. The bill was introduced in the House on April 1 and assigned to the House Judiciary Non-Civil Committee.
HB 1225 Detention of Youth with Charges Pending in Juvenile Court - (Dead) (Willard, 49^th) Limits the conditions under which juveniles could be held in secure detention prior to adjudication. Pending in the House Judiciary Committee
HB 1245 (Awaits the Governor's Signature) seeks to amend the code relating to courts and legal defense for indigents. This bill has multiple provisions that will impact the provision of indigent defense in Georgia. Of particular interest to child advocates, are provisions related to the eligibility of juvenile defendants for a public defender. The version of HB 1245 passed by the House reduced the eligibility for a public defender for a juvenile charged with a misdemeanor to those whose incomes were at 100% of the federal poverty guidelines. However, the final Conference Committee Substitute provides that juveniles charged with a delinquent act or violation of probation whose incomes are at or below 125% of the federal poverty guidelines will be eligible for a public defender. Juveniles who are charged with a felony and whose incomes are at or below 150% of the federal poverty guidelines will be eligible for a public defender. The bill is silent on eligibility guidelines for juveniles who are charged with status offenses. On April 4, 2008, day 40, the House and the Senate approved the Conference Committee Report. The bill now awaits consideration by the Governor.
SB 1 (Awaits the Governor's Signature) would prohibit registered sex offenders from taking any photograph of a minor. The bill passed out of the Senate Judiciary Committee with an amendment on Thursday, February 1, 2007. The amendment included the following language on line 16: "It shall be unlawful for any person who is required to register as a sexual offender pursuant to Code Section 42-1-12 to intentionally photograph a minor without consent of the minor's parent or guardian." SB 1 awaits consideration by the Senate.
SB 37 (Dead) would allow sentencing courts to modify sentences for people convicted of the crimes of sodomy, child molestation, aggravated child molestation, and enticing a child for indecent purposes after providing notice and an opportunity for a hearing to the prosecuting attorney. The bill would allow judges to retroactively apply the "Romeo & Juliet" exceptions passed during the 2006 legislative session as a part of HB 1059 to people convicted before July 1, 2006 when the law went into effect. The Romeo & Juliet exceptions protect "consensual" or mutual sexual activity between young people from felony prosecution. These "Romeo and Juliet" clauses create misdemeanor offenses for mutual sexual activity and exclude these same offenses from the mandatory monitoring requirements. The Romeo and Juliet clauses regarding youthful offenders charged with sodomy and aggravated child molestation, with sodomy as the aggravating factor, offer the following protection: children between the ages of 13 and 18 engaging in mutual sexual activity will be protected from felony prosecution when there is no more than four years age difference between them. The Romeo and Juliet clauses for the offenses of statutory rape, child molestation, and enticing a child for indecent purposes protect children between the ages of 14 and 18, with no more than four years age difference between them, from felony prosecution.
SB 54 (Dead) modifies the incest statute O.C.G.A. §16-6-22 to make it gender neutral and to include sodomy in the definition of incest.
SB 119 (Dead) would amend the Crime Victims' Bill of Rights by adding a new section that would allow the immediate family members of victims to attend all hearings related to the criminal offense including hearings in juvenile court. The bill also modifies O.C.G.A. § 24-9-61.1 to require judges to allow victims to be present in the court room for the duration of the trial including adjudications in juvenile court. The bill has been assigned to the Senate Judiciary Committee.
SB 257, (Dead) known as the "Dropout Deterrent Act," would amend O.C.G.A. §20-2-690.1 to require mandatory education for children from age 6 to age 17. Current law requires that children receive mandatory education only until age 16.
SB 270 (Dead) would amend provisions of Title 49 related to the Department of Juvenile Justice to create an Office of Runaway Children Assistance within DJJ to serve as a central repository of information regarding runaway children, collected from local law enforcement agencies and the Georgia Bureau of Investigations and any public or private agency which maintains records on runaway children, and to assist in the location of those children. A list of permissible activities relating to establishing the duties and structure of that Office are provided.
SR 445 (Awaits the Governor's Signature) would create the Joint Commercial Sexual Exploitation of Minors Study Commission to be composed of 12 members, appointed by the President of the Senate, the Speaker of the House, and the Governor and to include legislators, a local police chief, a juvenile court judge, a superior court judge, a district attorney, a public defender, and representative of child advocacy. The Commission would undertake to study the nature and scope of commercial sexual exploitation of minors, its root causes and its effects and recommend any action or legislation to address the problem.

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