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03 LC 25 2813
House Bill
41
By: Representative Oliver of the 56th, Post 2
By: Representative Oliver of the 56th, Post 2
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 15-11-55 of the Official Code of
Georgia Annotated, relating to disposition of a deprived child, so as to change
certain provisions relating to whom temporary legal custody may be transferred;
to provide a preference for transferring temporary legal custody to certain
persons; to provide for conditions and procedures; to provide for searches for
certain persons; to provide for a rebuttable presumption; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 15-11-55 of the Official Code of Georgia
Annotated, relating to disposition of a deprived child, is amended by striking
subsection (a) and inserting in lieu thereof the
following:
"(a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child:
(1) Permit the child to remain with his or her parents, guardian, or other custodian, includinga putative father without limitation a biological father who
is not a legal father, subject to conditions and limitations as the court
prescribes, including supervision as directed by the court for the protection of
the child;
"(a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child:
(1) Permit the child to remain with his or her parents, guardian, or other custodian, including
(2) Subject to conditions and limitations as the court
prescribes, transfer temporary legal custody to any of the persons or entities
described in this paragraph. Without limiting the generality of the foregoing,
such conditions and limitations shall include a provision that the court shall
approve or direct the retransfer of the physical custody of the child back to
the parents, guardian, or other custodian either upon the occurrence of
specified circumstances or in the discretion of the court. Any such retransfer
of physical custody may be made subject to such further conditions and
limitations as the court prescribes, including supervision for the protection of
the child. The persons or entities to whom or which temporary legal custody may
be transferred shall include the
following:
(A)(i) Any individual, includinga putative father without limitation a biological
father who is not a legal father, who, after study by the
probation officer or other person or agency designated by the
court, is found by the court to be qualified to receive and
care for the child.
(ii) The court shall first attempt to transfer temporary legal custody of the child to a person related to the child by blood or marriage or an unrelated person or custodian who has demonstrated an ongoing commitment to the child before transferring temporary legal custody to any other person or entity described in this paragraph.
(iii) Before transferring temporary legal custody under this paragraph, a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such a search shall be completed within 90 days from the date on which the child entered custody and shall include the documented efforts of a social service agency to identify and locate persons including, but not limited to, the child´s biological mother, biological father, legal father, maternal grandparents, paternal grandparents, maternal aunts and uncles, paternal aunts and uncles, maternal great-grandparents, and paternal great-grandparents and other persons identified during the process of the search, including any unrelated person or custodian who has demonstrated an ongoing commitment to the child.
(iv) A placement effected under this subparagraph shall be conditioned upon the person who is given temporary legal custody agreeing to abide by the terms and conditions of the order of the court.
(v) A placement shall be made under the terms of this subparagraph only if such a placement is in the best interest of the child.
(vi) In effecting a transfer of temporary legal custody under this paragraph, there shall be a rebuttable presumption that it is in the best interest of the child for him or her to be placed with a person related to the child by blood or marriage. Such presumption may be rebutted upon a finding by the court that the child´s interest, considering his or her age, emotional well-being, any attachment and bonding issues, and the opportunity for the child to be placed with his or her bonded siblings, is better served by granting custody to another suitable individual or custodian. If such a finding is made, placement shall be made as provided in this paragraph with an individual or custodian who has had physical custody of the child for at least six of the last 24 months or half the child´s life, whichever period is less, or an individual who has previously adopted a sibling or an individual or custodian who presently has custody of a sibling, provided that there is a demonstrated sibling bond in need of protection for the best interest of the child;
(B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child;
(C) Any public agency authorized by law to receive and provide care for the child; or
(D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89; or
(3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising jurisdiction over children if authorized by and in accordance with Code Section 15-11-87 if the child is or is about to become a resident of that state."
(A)(i) Any individual, including
(ii) The court shall first attempt to transfer temporary legal custody of the child to a person related to the child by blood or marriage or an unrelated person or custodian who has demonstrated an ongoing commitment to the child before transferring temporary legal custody to any other person or entity described in this paragraph.
(iii) Before transferring temporary legal custody under this paragraph, a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such a search shall be completed within 90 days from the date on which the child entered custody and shall include the documented efforts of a social service agency to identify and locate persons including, but not limited to, the child´s biological mother, biological father, legal father, maternal grandparents, paternal grandparents, maternal aunts and uncles, paternal aunts and uncles, maternal great-grandparents, and paternal great-grandparents and other persons identified during the process of the search, including any unrelated person or custodian who has demonstrated an ongoing commitment to the child.
(iv) A placement effected under this subparagraph shall be conditioned upon the person who is given temporary legal custody agreeing to abide by the terms and conditions of the order of the court.
(v) A placement shall be made under the terms of this subparagraph only if such a placement is in the best interest of the child.
(vi) In effecting a transfer of temporary legal custody under this paragraph, there shall be a rebuttable presumption that it is in the best interest of the child for him or her to be placed with a person related to the child by blood or marriage. Such presumption may be rebutted upon a finding by the court that the child´s interest, considering his or her age, emotional well-being, any attachment and bonding issues, and the opportunity for the child to be placed with his or her bonded siblings, is better served by granting custody to another suitable individual or custodian. If such a finding is made, placement shall be made as provided in this paragraph with an individual or custodian who has had physical custody of the child for at least six of the last 24 months or half the child´s life, whichever period is less, or an individual who has previously adopted a sibling or an individual or custodian who presently has custody of a sibling, provided that there is a demonstrated sibling bond in need of protection for the best interest of the child;
(B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child;
(C) Any public agency authorized by law to receive and provide care for the child; or
(D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89; or
(3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising jurisdiction over children if authorized by and in accordance with Code Section 15-11-87 if the child is or is about to become a resident of that state."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.