09 LC 29
3697ER
House
Bill 544
By:
Representatives Willard of the
49th
and Oliver of the
83rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
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; to define a term; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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, is amended by adding a
new Code section to read as follows:
"15-11-84.
(a)
As used in this Code section, the term 'governmental entity' shall mean the
court, superior court, the Department of Juvenile Justice, the Division of
Mental Health, Developmental Disabilities, and Addictive Diseases within the
Department of Human Resources, the Division of Family and Children Services
within the Department of Human Resources, county departments of family and
children services, law enforcement unit, as such term is defined in Code Section
35-8-2, or public school, as such term is defined in Code Section
16-11-35.
(b)
Governmental entities, state, county, consolidate governments, or municipal
government departments, boards, or agencies shall exchange with each other all
information not held as confidential pursuant to federal law and relating to a
child which may aid a governmental entity in the assessment, treatment,
intervention, or rehabilitation of a child, notwithstanding Code Section
15-1-15, 15-11-9.1, subsection (d) of Code Section 15-11-10, Code Section
15-11-66.1, 15-11-75, 15-11-81, 15-11-82, 15-11-174, 20-2-751.2, 20-14-40,
24-9-40.1, 24-9-41, 24-9-42, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53,
37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44,
49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best
interest of the child. Such information shall not be utilized to assist in the
prosecution of the child in juvenile court or superior court or utilized to the
detriment of the child.
(c)
Information released pursuant to this Code section shall not change or rescind
the confidential nature of such information and such information shall not be
subject to public disclosure or inspection unless otherwise provided by
law."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.