Georgia Association of Homes and Services for Children |
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Georgia Association of Homes and Services for Children |
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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.
HB 2 (Rice, 51st) would require state grantees to comply with laws
requiring verification of citizenship status for new employees or
subcontractors as well as verification of lawful presence of adults
requesting services. It has passed the House on 3/12/2009.
HB 10 would allow the Georgia Crime Information Center to release
criminal records to private individuals and businesses without the
consent or fingerprints of the individual. The bill provides an
exception for the records of juveniles adjudicated delinquent, which
could not be released under the bill.
HB 10 has been assigned to the House Non-Civil Judiciary Committee.
SB 69 would expand the definition of sexual exploitation in the mandatory reporting statute to include exploitation by persons who are not a child's parent or caretaker. SB 69 has been assigned to the Senate Judiciary Committee. SB 74 would require that dancers, entertainers, performers, bartenders, waiters, and waitresses in adult entertainment establishments be 21 years old. SB 74 has been assigned to the Senate Judiciary Committee. SB79 - Social Services; provide access by certain gov. entities/persons to records concerning reports of child abuse; define a certain term; to provide for access by certain governmental entities and certain persons to records concerning reports of child abuse; to provide that certain records relating to a child fatality or near fatality shall not be confidential; to repeal conflicting laws; and for other purposes. This bill has passed out of the Senate and now awaits consideration by the Senate. SB 91 would amend O.C.G.A. Title 17 to create a $ 5.00 per customer surcharge on entry into adult entertainment establishments. The surcharge would be deposited into a victim compensation fund that could be used to fund programs and residential treatment facilities for victims of commercial sexual exploitation. SB 91 was assigned to and passed out of the Senate Finance Committee. It now awaits consideration by the Senate.
SB92 - Social Services; convert Medicaid/PeachCare for Kids Programs
funds to premium assistance; low-income; private sector health insurance
plan to allow low-income families to participate in private sector
health insurance plans; to provide for definitions; to provide for an
amended state plan for Medicaid and PeachCare; to designate qualified
health benefit plans; to provide for enrollment in a qualified health
benefit plan; to provide for premium assistance; to provide for premiums
and cost sharing; to provide for an individual incentive program; to
provide for health opportunity accounts; to provide for related matters;
to provide for an effective date; to repeal conflicting laws; and for
other purposes.
SB96 - Ethics; reforms; provide for lobbyist training; provide for
expanded lobbyist disclosure; change certain provision HB 111 clarifies sentencing criteria for defendants guilty of crimes involving bias or prejudice by defining bias or prejudice as selecting victims based on race, religion, gender, gender identity, sexual orientation, or national origin. The bill would provide an alternative sentencing option for youthful offenders less than 18 years of age. Judges would have discretion to reduce the enhanced penalties for these youthful offenders. HB 111 has been assigned to the House Judiciary Committee. HB 123 would amend O.C.G.A. § 16-6-4 by expanding the offenses of child molestation and aggravated child molestation to include direct or indirect contact including contact via the internet and by electronic and telephonic means. HB 123 has been assigned to the House Non-Civil Judiciary Committee. SB 132 - Dropout Deterrent Act; revise the age of mandatory education to age 17. HB 163 would amend O.C.G.A. § § 17-3-1 and 17-3-2.1 to eliminate the statute of limitations for prosecuting offenders accused of committing the following offenses when the victim is younger than 16 years old at the time of the violation: cruelty to children, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest. HB 163 has been assigned to the House Non-Civil Judiciary Committee. This bill has passed the House and awaits consideration by the Senate. SB 207 would amend O.C.G.A. § 15-11-78 to allow the general public to attend some juvenile court proceedings, except adoption proceedings and delinquency proceedings, unless the court closes the proceedings upon a finding on the record and a signed order as to the reasons for closing the hearing. Grounds for closing a hearing include a finding that (1) exceptional circumstances exist, (2) the proceeding involves allegations of a sexual offense or (3) 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. SB 207 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 two 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, the child's attorney, the child's parents, guardian or custodian --provided that the parent is not the abuser-- the Department of Family and Children Services, the Department of Juvenile Justice, and service providers working with the child. SB 207 also permits the juvenile court to seal a record containing identifying information about a victim of a sexual offense. The Senate Special Judiciary Committee passed SB 207 by committee substitute on March 4, 2009. SB 207 now awaits consideration by the Senate. For more information on Open Courts, please read Barton's Clinic's 2006 white paper available at http://childwelfare.net/activities/legislative2006/OpenCourtsMemo20060306.html. Passed the Senate and is now in the House. HB 213 would increase the sentence of individuals convicted of criminal street gang activity within a school safety zone. The current minimum mandatory sentence would be increased by two years. HB 213 has been assigned to the House Non-Civil Judiciary Committee. SB 222 would also dismantle the Department of Human Resources. SB 222 takes a slightly different approach than HB 228. The bill would establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health. The Department of Health would house the functions of the current Department of Community Health and the Division of Public Health. The Department of Behavioral Health would house the functions of the current Division of Mental Health, Developmental Disabilities, and Addictive Diseases (MHDDAD). Similar to HB 228, the Department of Human Resources (DHR) would become the Department of Human Services and would retain the Division of Family and Children Services and Aging. The Senate passed SB 222 out of the Senate. It now awaits consideration by the House. HB228 - Restructuring of the Department of Human Resources - The legislation would form a new Department of Behavioral Health to oversee the mental health and addictive disease programs currently housed in DHR. The new department would report directly to the Governor and increase fiscal transparency. The reorganization plan would also merge the Department of Community Health with the public health and health regulation programs of DHR to create the Department of Health. Current DCH Commissioner Dr. Rhonda Medows would lead the new Department of Health. Merging the two departments will streamline the health related activities currently residing in two separate departments and establish a lead agency to focus on improving Georgians� health. The remaining social services under DHR would become the Department of Human Services. Programs included in this department include Developmental Disabilities, Aging, Division of Family and Children Services (DFCS) and Child Support. Current DHR Commissioner B.J. Walker would lead the new Department of Human Services.
HB237 - Human Resources, Department of; financial assistance for adoptive parents; revise provision relating to financial assistance for adoptive parents; to provide for related matters; to repeal conflicting laws; and for other purposes. Under current law, adoption assistnace payments begin after the consummation of a legal adoption. The bill limits adoption assistance to the amount of money that would have been paid to support the child in family foster care and for uncovered medical costs. Referred to Children and Youth. This bill passed the House and now is in the Senate Health and Human Services Committee. HB 245 would amend O.C.G.A. § 15-11-66 related to the disposition of a delinquent child. Specifically, the bill would reduce the short term program (STP) from 60 days to 30 days. The bill is part of the legislative package of the Department of Juvenile Justice (DJJ) and they estimate the provision will save DJJ $7 million. HB 245 passed the House and now is awaiting consideration by the Senate. HB 246 would amend O.C.G.A. § 15-11-46.1 related to the pre-adjudication detention of children. The bill would require the use of a written risk assessment instrument at intake before a child can be detained pre-adjudication. The court would retain the ability to override the instrument with written findings that consider a set of factors such as the nature of the allegations against the child, the age of the child, and the child's prior history, among others. Pre-adjudication detention is allowable under HB 246 in order to ensure the child's appearance in court, reduce the risk of harm to others, or reduce the risk of harm to the child at the request of the child. HB 246 has been assigned to the House Non-Civil Judiciary Committee.
HB254 - Human Resources, Department of; juvenile proceedings; locate
adult relatives of a child removed from the custody of his or her
parents; to provide for notice; to provide that the court shall order
the disclosure of adult relatives of such child; to provide conditions
for the placement of a child following a termination order; to provide
for findings of fact; to provide for related matters; to repeal
conflicting laws; and for other purposes.
HB292 - Gambling; nonprofit organizations; noncash prizes; provision
HB293 - Gambling; coin operated amusement machines; revise definition HB 303 would Amend O.C.G.A. § 49-5-41 to allow a solicitor-general or assistant solicitor-general access to records concerning reports of child abuse. HB 303 has been assigned to the House Non-Civil Judiciary Committee. HB388 - The Option of Adoption Act which relating to adoption, so as to provide for legislative intent to change the definition of "child" to include a human embryo; to provide for procedures for embryo adoption; to provide for non applicability of certain dependent exemption for income tax purposes; HB428 - would amend the law related to the adoption of special needs children. The bill would authorize the transfer of adoption assistance to a legal guardian at the time of an adopted parent's death. HB428 has been asigned to the House Children and Youth Committee. HB544 - Would amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to records and hearings, so as to provide for sharing of confidential information without risk of prosecution for the best interests of child. HB582 - would amend Georgia Code 16-6-9 and 16-616 by mandating a minimum age of 18 years old for the prosecution of the offenses of prostitution and masturbation for hire. The bill would codify that prostituted children are victims of adult exploiters rather than offenders. HB611 - Sexual offenses; sexual assault against a person under care or supervision; - to provide for definitions; to provide for a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 616 would amend O.C.G.A. § 15-11-78 to allow the general public to attend truancy, status, delinquency, and deprivation proceedings in juvenile court, unless the court closes the proceedings upon a finding that (1) exceptional circumstances exist, (2) the proceeding involves allegations of a sexual offense or (3) 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 616 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 two 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, the child's attorney, the child's parents, guardian or custodian -- provided that the parent is not the abuser-- the Department of Family and Children Services, the Department of Juvenile Justice, and service providers working with the child. HB 616 also permits the juvenile court to seal a record containing identifying information about a victim of a sexual offense. HB 616 has been assigned to the House Civil Judiciary Committee. Updated List can always be found at: |
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