07 LC 29
2591
House
Bill 270
By:
Representatives Ralston of the
7th,
Benton of the
31st,
Oliver of the
83rd,
Carter of the
159th,
and Fleming of the
117th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to general provisions in juvenile proceedings, so as
to change provisions relating to the appointment of a guardian ad litem; to
provide for definitions; to change provisions relating to a court appointed
special advocate including appointment, training, role, and responsibilities; to
provide for notice of juvenile court proceedings to a court appointed special
advocate; to provide for a court appointed special advocate´s access to
records; to provide for confidentiality of certain information; to provide for
immunity for a court appointed special advocate; to provide for removal of a
court appointed special advocate; to provide for related matters; to provide for
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to general provisions in juvenile proceedings, is amended by
revising subsection (a) of Code Section 15-11-9, relating to appointment of a
guardian ad litem, as follows:
"(a)
As used in this Code section, the term 'court appointed special advocate'
means a
volunteer who has been screened and trained regarding deprivation, child
development, and juvenile court procedures and has been appointed as a guardian
ad litem by the court in a deprivation
case
shall have the
same meaning as set forth in Code Section
15-11-9.1."
SECTION
2.
Said
part is further amended by adding a new Code section to read as
follows:
"15-11-9.1.
(a)
As used in this Code section, the term:
(1)
'Court appointed special advocate' or 'CASA' means a community volunteer
who:
(A)
Has been screened and trained regarding deprivation, child development, and
juvenile court procedures;
(B)
Has met all of the requirements of an affiliate court appointed special advocate
program;
(C)
Is being actively supervised by an affiliate court appointed special advocate
program; and
(D)
Has been appointed as a guardian ad litem by the court in a juvenile court
deprivation proceeding.
(2)
'Affiliate court appointed special advocate program' means a locally-operated
program operating with the approval of the local juvenile court which screens,
trains, and supervises volunteers to advocate for the best interest of abused
and neglected children in deprivation proceedings.
(b)(1)
Before executing duties as a CASA, and upon completion of an affiliate court
appointed special advocate program, a CASA shall be sworn in by a judge of the
juvenile court in the court or circuit in which he or she wishes to serve. A
CASA shall not be assigned a case prior to being sworn in by a juvenile court
judge as set forth in this paragraph.
(2)
When a juvenile court judge determines that a child involved in a deprivation
proceeding needs a CASA, the judge shall sign an order appointing a CASA at the
earliest possible stage of the proceedings. Such order shall impose on the CASA
all the duties, rights, and responsibilities set forth in this Code
section.
(c)
The role of a CASA in juvenile court deprivation proceedings shall be to
advocate for the best interests of the child.
(d)
In all cases to which a CASA is assigned, a CASA shall:
(1)
Conduct an independent assessment to determine the facts and circumstances
surrounding the case;
(2)
Maintain regular and sufficient in-person contact with the child;
(3)
Submit written reports to the court regarding the child´s best
interests;
(4)
Advocate for timely court hearings to obtain permanency for the
child;
(5)
Request judicial citizen review panel and judicial review of the
case;
(6)
Collaborate with the child´s attorney, if any;
(7)
Attend all court hearings and other proceedings to advocate for the child´s
best interests;
(8)
Monitor compliance with the case plan and all court orders; and
(9)
Review all court related documents.
(e)
As a lay guardian ad litem, a CASA shall not be required to:
(1)
Engage in activities which could reasonably be construed as the practice of law;
or
(2)
Obtain legal counsel or other professional services for a child.
(f)(1)
Except as provided in Article 5 of this chapter, the 'Georgia Child Advocate for
the Protection of Children Act,' the CASA shall be notified in a timely manner
of all court hearings, reviews, investigations, and other significant changes of
circumstances of the child´s case to which the CASA has been
appointed.
(2)
The CASA shall be notified of the formulation of any agreement, stipulation, or
case plan of the child´s case to which the CASA has been appointed, prior
to implementation by the court, and shall be given the opportunity to be heard
by the court about such plans.
(g)
Upon presentation of an order appointing a CASA as a guardian ad litem, a CASA
shall have access to all records and information relevant to the child´s
case to which the CASA has been appointed and to the child´s family´s
records and information in such case without obtaining prior consent of such
child or such child´s family. Except as provided in Article 5 of this
chapter, the 'Georgia Child Advocate for the Protection of Children Act,' and in
Chapter 4A of Title 49, such records and information shall include, but shall
not be limited to, Division of Family and Children Services of the Department of
Human Resources records and case plans, medical records, mental health records,
school records, court orders, and records from any other agency providing
services to such child and such child´s family. The CASA´s right to
access such records shall be as broad as that to which an attorney for the child
would have.
(h)
All records and information acquired, reviewed, or produced by a CASA during the
course of his or her appointment shall be deemed confidential and shall not be
disclosed except as ordered by the court.
(i)
Any CASA authorized and acting in good faith and in accordance with this Code
section shall have immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed as a result of taking or failing to take any
action pursuant to this Code section. This Code section shall not be construed
as imposing any additional duty on the CASA which is not already otherwise
imposed by law.
(j)(1)
The court may remove a CASA from a case upon finding that the CASA has acted in
a manner contrary to the child´s best interest, or if the court otherwise
deems continued service as unwanted or unnecessary.
(2)
The court may discharge a CASA for nonparticipation in a case or upon finding
that the CASA has acted in a manner contrary to the mission and purpose of the
affiliate court appointed special advocate program."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.