07 LC 21
9478S
The
Senate Judiciary Committee offered the following substitute to HB
153:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile proceedings, so as to change certain provisions
relating to hearings in juvenile court; to change provisions relating to
disposition of a deprived child; to provide for certain requirements when
changing placement of children who are in the custody of the Division of Family
and Children Services; to provide for procedure; to amend Article 1 of Chapter 5
of Title 49 of the Official Code of Georgia Annotated, relating to children and
youth services, so as to provide new definitions and a cross-reference; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to juvenile proceedings, is amended by revising subsection (c) of Code Section
15-11-21, relating to associate juvenile court judges, appointment and
compensation, qualifications, conduct of hearings, and rehearing, as
follows:
"(c)
The judge
may direct that hearings in
In
any case or class of cases involving alleged delinquent, unruly, or deprived
children, the
judge shall determine whether such case
shall be conducted
in the
first instance by
the judge or
by the associate juvenile court judge in
the manner provided by this article.
If a party
so requests, the hearing shall be conducted by the judge except for detention
hearings or probable cause hearings, which shall be conducted by the associate
juvenile court judge if directed to do so by the
judge."
SECTION
2.
Said
article is further amended by revising Code Section 15-11-55, relating to the
disposition of a deprived child, as follows:
"15-11-55.
(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 a putative father, subject to conditions and limitations as
the court prescribes, including supervision as directed by the court for the
protection of the child;
(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)
Any individual including a putative 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;
(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;
provided,
however, that for the purpose of this Code section, the term 'public agency'
shall not include the Department of Juvenile
Justice; or
(D)
An individual in another state with or without supervision by an appropriate
officer under Code Section 15-11-89.
Except
for dispositions pursuant to paragraph (1) of subsection (a) of Code Section
15-11-66 and Code Section 15-11-67, before transferring temporary legal custody
in an order of disposition 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 search shall be completed within 90 days
from the date on which the child was removed from the home, the results of such
search documented in writing and filed with the court at the time of the first
review. During such 90 day period, the child may be placed in the temporary
legal custody of the Department of Human Resources or any other appropriate
entity or person; 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.
(b)
Unless a child found to be deprived is found also to be delinquent, such child
shall not be committed to or confined in an institution or other facility
designed or operated for the benefit of delinquent children.
(c)
Notwithstanding any other provision of law, the court after transferring
temporary legal custody of a child to the Division of Family and Children
Services within the Department of Human Resources may at any time conduct sua
sponte a judicial review of the current placement plan being provided to said
child. After its review the court may order the division to comply with the
current placement plan, order the division to devise a new placement plan within
available division resources, or make any other order relative to placement or
custody outside the Department of Human Resources as the court finds to be in
the best interest of the child. Placement or a change of
legal
custody by the court outside the Department of Human Resources shall relieve the
department of further responsibility for the child so placed.
(d)
The policy of this state is that children in the custody of the Division of
Family and Children Services should have stable placements. Not less than five
days in advance of any placement change, the division shall notify the court, a
child who is 14 years of age or older, the child´s parents, guardian, or
other custodian, and any attorney of record of such change in the location of
the child´s placement while the child is in the division´s custody;
provided, however, that if the child´s health or welfare may be endangered
by any delay in changing the child´s placement, only the court and any
attorney of record shall be notified of such placement change within 24 hours of
such change. A child who is 14 years of age or older, the child´s parents,
guardian, or other custodian, and any attorney of record may request a hearing
with regard to the child´s case plan or the permanency plan in order for
the court to consider the change in the location of the child´s placement
and any changes to the case plan or permanency plan resulting from the
child´s change in placement location. Such hearing shall be held within
five days of receiving notice of a change in the location of the child´s
placement and prior to any such placement change, unless the child´s health
or welfare may be endangered by any delay in changing the child´s
placement. At the hearing to consider the child´s case plan and permanency
plan, the court shall consider the case plan and permanency plan recommendations
made by the division, including a recommendation as to the location of the
placement of the 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 the division, including the location of the
child´s placement. If the court rejects the recommendations of the
division, the court shall demonstrate that the division´s recommendations
were considered and explain why it did not follow the recommendations. If the
court rejects the division´s case plan and permanency plan recommendations,
including the change in the location of the placement of the child, the court
may order the division to devise a new case plan and permanency plan
recommendation, including a new recommendation as to the location of the child
within the resources of the department, or make any other order relative to
placement or custody outside the Department of Human Resources as the court
finds to be in the best interest of the child and consistent with this
subsection. Placement or a change of legal custody by the court outside the
Department of Human Resources shall relieve the department of further
responsibility for the child so placed.
(d)(e)
A juvenile court shall not be required to make an order of disposition pursuant
to this Code section regarding a child who is discharged from a facility in
which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7
of Title 37 unless the child is to be discharged into the physical custody of
any person who had such custody when the court made its most recent finding that
such child was deprived.
(e)(f)
If a child is found to be a deprived child and the deprivation is found to have
been the result of alcohol or other drug abuse by a parent or guardian, as
specified in subsection (b) of Code Section 15-11-54, and the court orders
transfer of temporary legal custody of the child, as provided in paragraph (2)
of subsection (a) of this Code section, the court is authorized to further order
that legal custody of the child may not be transferred back to the child´s
custodian or guardian whose abuse of alcohol or another drug resulted in the
child´s deprivation unless such person undergoes substance abuse treatment
and random substance abuse screenings and those screenings remain negative for a
period of no less than six consecutive months."
SECTION
3.
Article
1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating
to children and youth services, is amended by revising paragraph (12) of Code
Section 49-5-3, relating to definitions, as follows:
"(12)
'Legal custody' means a legal status created by court order embodying the
following rights and responsibilities:
(A)
The right to have the physical possession of the child
or
youth;
(B)
The right and the duty to protect, train, and discipline
him
the
child;
(C)
The responsibility to provide
him
the
child with food, clothing, shelter,
education, and ordinary medical care; and
(D)
The right to determine where and with whom
he
the
child shall live,
provided
that these rights and responsibilities shall be exercised subject to the powers,
rights, duties, and responsibilities of the guardian of the person of the child
or
youth and subject to any residual parental
rights and responsibilities.
These rights
shall be subject to judicial oversight and review pursuant to Code Section
15-11-55."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.