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GEORGIA Legislation
Senate Bill 28 Summary
A BILL to be entitled an Act to amend Chapter 11 of Title 15 and Title 19 of the Official Code of Georgia Annotated, relating to the Juvenile Code and domestic relations, so as to strengthen, clarify, and update provisions relating to the protection of children; to require annual training for juvenile court intake officers; to provide for the consideration of evidence, including hearsay evidence, in certain juvenile proceedings; to revise provisions relative to the Juvenile Code and the reporting of child abuse; to provide for related matters; to repeal conflicting laws; and for other purposes.
Bill Text and Annotations
SECTION 1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising paragraphs (41), (70), and (73.1) of Code Section 15-11-2, relating to definitions, as follows:
"(41) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, DJJ staff member serving as an intake officer in a SB 28/AP delinquency or child in need of services proceeding, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, who is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention." "(70) 'Sexual exploitation' means conduct by a caregiver or other person responsible for the care of a child who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, in violation of Code Section 16-6-9Sexual servitude, as defined in Code Section 16-5-46; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100." "(73.1) 'Temporary alternatives to foster care' means measures that a juvenile court may order in lieu of removal of or placement of a child or children alleged to be dependent in protective custody which will prevent or reduce the trauma orof removal; allow a child to be cared for by persons with whom the child has an existing bond or attachment; or that ensure the safety of the child pending further action by the court on the dependency complaint or petition."
SECTION 2.
Said chapter is further amended by revising subsection (c) of Code Section 15-11-68, relating to duties of juvenile court intake officers and training, as follows:
"(c) Each juvenile court intake officer exercising the authority to remove a child pursuant to the provisions of Articles 1 and 3 of this chapter shall: (1) Firstfirst successfully complete, each year,an initial eight hours of appropriate training; and (2) Annually thereafter complete a minimum of two hours of training each year during which he or she serves as a juvenile court intake officer. SB 28/AP Such initial and annual training shall be relevant to the performance of such determinations, including, but not limited to, training concerning contrary to the welfare determinations, reasonable efforts to prevent removal of a child and diligent search requirements consistent with Article 3 of this chapter, reasonable alternatives to foster care, and DFCS policies and procedures related to the removal of a child and placement of such child in foster care."
SECTION 3.
Said chapter is further amended by revising Code Section 15-11-133.1, relating to temporary alternatives to foster care, as follows:
"15-11-133.1. (a) Temporary alternatives to foster care may be ordered by the court ex parte, prior to a preliminary protective hearing, or may be ordered following a preliminary protective hearing. An order for temporary alternativesA temporary alternative to foster care may include one or more of the following: (1) A temporary order authorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCSthe child to be cared for by a relative or fictive kin; (2) Where an order for temporary alternatives to foster care is entered, aA temporary protective order pursuant to the provisions of Code Section 15-11-29imposing conditions or limitations on the conduct of the parent, guardian, or legal custodian, including requiring the individual to: (A) Prohibit access to the child by an individual; (B) Comply with any existing visitation agreement associated with the voluntary placement; (C) Abstain from offensive conduct against a child or his or her parent, guardian, or legal custodian; SB 28/AP (D) Give proper attention to the care of his or her home; (E) Cooperate in good faith with DFCS; (F) Refrain from acts of commission or omission that may render a home an improper place for a child; or (G) Ensure that a child attends school pursuant to any valid law relating to compulsory attendance; or (3) An order that the DFCS investigate and report to the court whether removal is necessary; or (4) An order that the DFCS provide services designed to allow the child to remain safely in the child's home. (b) An order pursuant to paragraph (1) of subsection (a) of this Code section requiringauthorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS for the child to be cared for by a relative or fictive kin shall be based upon a finding by the court that continuation of the child in his or her home would be contrary to his or her welfare. Such findings shall be made on an individualized basis and shall be documented in the court's written order. (c) When entering an order pursuant to paragraph (1) of subsection (a) of this Code section authorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS for the child to be cared for by a relative or fictive kin, the court shall order a preliminary assessment of the person who is to provide care for the child by a probation officer, or such other individual or agency as the court may designate, which shall include, at a minimum: (1) A walk-through of such person's residence to identify safety hazards; (2) An in-state criminal record check, pursuant to subsection (a) or (c) of Code Section 35-3-34, of such person and all other adults living in such person's residence; (3) A search of the Georgia Sex Offender Registry for the name of such person and all other adults living in such person's residence; and SB 28/AP (4) A search of data provided electronically to the public by the Department of Community Supervision and the Department of Corrections for information concerning such person and all adults living in such person's residence. Such preliminary assessment shall be completed no later than 72 hours after the time such order is entered except that if such order is entered on a weekend, such preliminary assessment may be completed no later than five days after the order is entered. (d) Upon issuance of an order for a temporary alternative to foster care, a preliminary protective hearing shall be completed as provided in Code Section 15-11-145, except that such preliminary protective hearing shall be held within five days of the order for a temporary alternative to foster care. (e) Unless modified by the court, temporaryTemporary alternatives to foster care ordered by the court in accordance with this Code section shall remain in effect until modified by the court or until the court has held the preliminary protective hearing. If probable cause exists, DFCS shall file a petition alleging dependency in accordance with subsection (b) of Code Section 15-11-151 following the preliminary protective hearing. The court may continue to impose the temporary alternatives to foster care after the preliminary protective hearing in accordance with subsection (b) of Code Section 15-11-146."
SECTION 4.
Said chapter is further amended by adding a new subsection to Code Section 15-11-145, relating to preliminary protective hearings, to read as follows:
"(h) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of an alleged dependent child or to make determinations or findings required by Code Section 15-11-146." SB 28/AP
SECTION 5.
Said chapter is further amended by revising subsection (c) of Code Section 15-11-146, relating to preliminary protective hearings and findings, as follows:
"(c) A court's order removing a child from his or her home or ordering a temporary alternative to foster care in accordance withauthorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS for the child to be cared for by a relative or fictive kin pursuant to paragraph (1) of subsection (a) of Code Section 15-11-133.1 shall be based upon a finding that: (1) Continuation in his or her home would be contrary to such child's welfare; or (2) Removal is in such child's best interests."
SECTION 6.
Said chapter is further amended by revising subsection (a) of Code Section 15-11-181, relating to adjudication hearings, as follows:
"(a) The court shall fix a time for an adjudication hearing. If the alleged dependent child is in foster care, the hearing shall be scheduled for no later than ten days after the filing of the petition alleging dependency. If the alleged dependent child is not in foster care, but the court has ordered a temporary alternative to foster care, the adjudication hearing shall be held no later than 30 days after the filing of the petition alleging dependency. Otherwise, the adjudication hearing shall be held no later than 60 days after the filing of the petition alleging dependency. If adjudication is not completed within 60 days from the date such child was taken into protective custody, the petition alleging dependency may be dismissed without prejudice."
SECTION 7.
Said chapter is further amended by revising Code Section 15-11-215, relating to notice of change in placement hearings and presumptions, as follows:
SB 28/AP "15-11-215. (a) Not less than five days in advance of any placement change, DFCS shall, in writing, notify the court,; a child who is 14 years of age or older,; the child's parent, guardian, or legal custodian,; the person or agency with physical custody of the child,; the child's attorney,; the child's guardian ad litem, if any,; and any other attorney of record of such change in the location of the child's placement while the child is in DFCS custody. The notice required by this subsection may include notice via email if the caregiver or other party who will receive the notification has agreed to receive notice via email. (b) If a child's health or welfare may be endangered by any delay in changing his or her placement, the court and all attorneys of record shall be notified of such placement change within 24 hours of such change. (c) A child adjudicated as a dependent child who is 14 years of age or older, his or her parent, guardian, or legal custodian,; the person or agency with physical custody of the child,; such child's attorney,; such child's guardian ad litem, if any,; and any attorney of record may request a hearing pertaining to such child's case plan or the permanency plan in order for the court to consider the change in the location of such child's placement and any changes to the case plan or permanency plan resulting from such child's change in placement location. The hearing shall be held within five days of receiving notice of a change in the location of such child's placement and prior to any such placement change, unless such child's health or welfare may be endangered by any delay in changing such child's placement. (d) The Council of Juvenile Court Judges shall by rule provide for methods by which persons entitled to notice, including those not represented by counsel, may electronically file an objection to the placement change. Such rule shall provide for the use of a standard form that the objector may file electronically with the clerk of court and which upon filing shall be distributed electronically to all parties and others entitled to notice. SB 28/AP (e) At the hearing to consider the case plan and permanency plan of a child adjudicated as a dependent child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by DFCS, including a recommendation as to the location of the placement of such child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by DFCS, including the location of such child's placement. The court shall specifically consider any objections filed to the change of placement and shall consider evidence pertaining to such objections, including, but not limited to, evidence from the child and the foster parent, relative, or caregiver. (f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate case plan and permanency plan.(f)(g) If the court rejects DFCS recommendations, the court shall demonstrate that DFCS recommendations were considered and explain why it did not follow such recommendations. If the court rejects the DFCS case plan and permanency plan recommendations, including the change in the location of the placement of a child adjudicated as a dependent child, the court may order DFCS to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of such child within the resources of the department, or make any other order relative to placement or custody outside the department as the court finds to be in the best interests of such child and consistent with the policy that children in DFCS custody should have stable placements. (g)(h) If the court finds that the child has been living in a stable home environment with his or her current caregivers for the past 12 months and that removal of the child from such caregivers would be detrimental to the child's emotional well-being, the court may presume that continuation of the child's placement with his or her current caregivers is in the child's best interests and shall enter a finding that a change of placement is a failure by DFCS to SB 28/AP make reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing; provided, however, that such presumption shall not apply to prevent the return of the child to his or her parent, guardian, or legal custodian. (h)(i) Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for a child adjudicated as a dependent child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate. (i)(j) A placement change shall not include a temporary absence from the child's identified and ongoing foster care placement, including, but not limited to, visitation with a friend, sibling, relative, or other caretaker, including a preplacement visit to a possible foster or adoptive placement; hospitalization for medical, acute psychiatric episodes or diagnosis; respite care when the child is expected to return to his or her foster care placement; day or overnight camp; temporary travel with the foster family or child care institution personnel, church, school, or other persons or groups approved by DFCS; trial home visits with the court's permission, if required by subsection (b) of Code Section 15-11-212; and runaway episodes."
SECTION 8.
Said chapter is further amended by adding a new subsection to Code Section 15-11-216, relating to periodic review hearing and required evidence, to read as follows:
"(f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate case plan and permanency plan."
SECTION 9.
Said chapter is further amended by adding a new subsection to Code Section 15-11-230, relating to permanency plan hearing, to read as follows:
SB 28/AP "(f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate permanency plan."
SECTION 10.
Said chapter is further amended by adding a new subsection to Code Section 15-11-321, relating to custody of a child following termination proceedings or surrender of parental rights, to read as follows:
"(a.1) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child and the permanency and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights."
SECTION 11.
Said chapter is further amended by revising Code Section 15-11-322, relating to continuing court review when child not adopted, as follows:
"15-11-322. If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains unadopted, review the circumstances of such child to determine what efforts have been made to assure that such child will be adopted. The court shall: (1) Make written findings regarding whether reasonable efforts have been made to move such child to permanency; (2) Evaluate whether, in light of any change in circumstances, the permanency plan for such child remains appropriate; and SB 28/AP (3) Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement. The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child and the permanency and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights."
SECTION 12.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-7-5, relating to the reporting of child abuse, when mandated or authorized, content of report, to whom made, immunity from liability, report based upon privileged communication, and penalty for failure to report, by revising subsection (b) and adding a new subsection to read as follows:
"(b) As used in this Code section, the term: (1) 'Abandonment' means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo parental duties or relinquish parental claims may be evidenced by: (A) Failure, for a period of at least six months, to communicate meaningfully with a child; (B) Failure, for a period of at least six months, to maintain regular visitation with a child; (C) Leaving a child with another person without provision for his or her support for a period of at least six months; (D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite a child with his or her parent, guardian, or legal custodian; SB 28/AP (E) Leaving a child without affording means of identifying such child or his or her parent, guardian, or legal custodian and: (i) The identity of such child's parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and (ii) A parent, guardian, or legal custodian has not come forward to claim such child within three months following the finding of such child; (F) Being absent from the home of his or her child for a period of time that creates a substantial risk of serious harm to a child left in the home; (G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or (H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims.(1)(2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681. (2)(3) 'Abused' means subjected to child abuse. (3)(4) 'Child' means any person under 18 years of age. (4)(5) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent, guardian, legal custodian, or other person responsible for the care of such childor caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent, guardian, legal custodian, or other person responsible for the care of such childor caretaker thereof; (C) Endangering a childEmotional abuse of a child; (D) Sexual abuse or sexual exploitation of a child; or (E) Sexual exploitation of a childPrenatal abuse of a child by a parent; (F) An act or failure to act that presents an imminent risk of serious harm to the child's physical, mental, or emotional health; or SB 28/AP (G) Trafficking a child for labor servitude. However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an abused child. (5)(6) 'Child service organization personnel' means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children. (6)(7) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization. (6.1) 'Endangering a child' means: (A) Any act described by subsection (d) of Code Section 16-5-70; (B) Any act described by Code Section 16-5-73; (C) Any act described by subsection (l) of Code Section 40-6-391; or (D) Prenatal abuse, as such term is defined in Code Section 15-11-2.(8) 'Emotional abuse' means acts or omissions by a parent, guardian, legal custodian, or other person responsible for the care of a child that cause any mental injury to such child's intellectual or psychological capacity as evidenced by an observable and significant impairment in such child's ability to function within a child's normal range of performance and behavior or that create a substantial risk of impairment. (9) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another individual and is induced or obtained by coercion or deception. (10) 'Legal custodian' means: (A) A person to whom legal custody of a child has been given by order of a court; or SB 28/AP (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of such child has been given by order of a court. (11) 'Neglect' means: (A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child's physical, mental, or emotional health or morals; (B) The failure to provide a child with adequate supervision necessary for such child's well-being; or (C) The abandonment of a child by his or her parent, guardian, or legal custodian. (12) 'Person responsible for the care of a child' means: (A) An adult member of a child's household; (B) A person exercising supervision over a child for any part of the 24 hour day; or (C) Any adult who, based on his or her relationship to the parent, guardian, or legal custodian or a member of a child's household, has access to such child.(7)(13) 'Pregnancy resource center' means an organization or facility that: (A) Provides pregnancy counseling or information as its primary purpose, either for a fee or as a free service; (B) Does not provide or refer for abortions; (C) Does not provide or refer for FDA approved contraceptive drugs or devices; and (D) Is not licensed or certified by the state or federal government to provide medical or health care services and is not otherwise bound to follow the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or federal laws relating to patient confidentiality. (14) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, as such term is defined in Code Section 16-13-21, which results in: SB 28/AP (A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite thereof in a newborn's body, blood, urine, or meconium that is not the result of medical treatment; or (B) Medically diagnosed and harmful effects in a newborn's physical appearance or functioning.(8)(15) 'Reproductive health care facility' means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, or gynecological care and services. (9)(16) 'School' means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education. (10)(17) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not such person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; SB 28/AP (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure; or (J) Any act described by subsection (c) of Code Section 16-5-46. Sexual abuse shall include consensual sex acts when the sex acts are between minors if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (11)(18) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, as defined in Code Section 16-6-9Sexual servitude, as defined in Code Section 16-5-46; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100." "(j) The treatment of a child in good faith solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not in and of itself be considered child abuse."
SECTION 13.
Said title is further amended by revising paragraph (12) of Code Section 19-15-1, relating to definitions, as follows:
"(12) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, as defined in Code Section 16-6-9Sexual servitude, as defined in Code Section 16-5-46; or SB 28/AP (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."
SECTION 14.
Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, is amended by revising paragraph (11) of subsection (a) of Code Section 49-5-40, relating to definitions, confidentiality of records, and restricted access to records, as follows:
"(11) 'Sexual exploitation' means conduct by any individual who allows, permits, encourages, or requires any child to engage in: (A) Trafficking of persons for labor or sexual servitude, in violation of Code Section 16-5-46; (B) Prostitution, in violation of Code Section 16-6-9Sexual servitude, as defined in Code Section 16-5-46; (C) Obscene depiction of a minor, in violation of Code Section 16-11-40.1; (D) Nude or sexually explicit electronic transmission, in violation of Code Section 16-11-90; or (E) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100."
SECTION 15.
This Act shall become effective on January 1, 2022.
SECTION 16.
All laws and parts of laws in conflict with this Act are repealed.