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SB 315 - Terrell Peterson Act - child protective custody
Thomas, Nadine (10th) Scott, David (36th) Fort, Vincent D (39th)
Status Summary SC: Judy HC: Judy FR: 01/13/00 LA: 04/06/00 Signed by Governor

First Reader Summary

A bill to be entitled 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 provide that a physician may retain temporary protective custody of a child without a court order and without parental consent if the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for immunity from liability; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

Page Numbers: 1 2 3 4 5 6
Code Sections - 15-11-17.2/ 15-11-15

RECORDED VOTES
Vote # Date Yeas Nays Description
SV0665 2/16/00 051 000 PASSAGE BY SUBSTITUTE
HV2000 3/14/00 164 004 Pass
SV0960 3/15/00 044 001 AGREE TO HOUSE SUBSTITUTE

Senate Action House
1/13/00 Read 1st time 2/17/00
2/8/00 Favorably Reported 2/29/00
Sub Committee Amend/Sub Sub
2/9/00 Read 2nd Time 2/21/00
2/16/00 Read 3rd Time 3/14/00
2/16/00 Passed/Adopted 3/14/00
CS Comm/Floor Amend/Sub CS
3/15/00 Amend/Sub Agreed To
3/28/00 Sent To Governor
4/6/00 Signed by Governor
493 Act/Veto Number
7/1/00 Effective Date
Version by LC Number
LC 19 4432 As Introduced
LC 22 3920S S - Favorably Reported (Sub)
LC 22 4026S H - Favorably Reported (CS ) (Sub )
SB315/AP Amend/Sub Agreed To

SB 315 00                                            SB315/AP 
 
      SENATE BILL 315 
 
      By:  Senators Thomas of the 20th, Scott of the 36th, 
           Fort of the 39th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 1 of Chapter 11 of Title 15 of the Official 
  1- 2  Code of Georgia Annotated, relating to juvenile proceedings, 
  1- 3  so as to provide that a physician may retain temporary 
  1- 4  protective custody of a child without a court order and 
  1- 5  without parental consent if the physician has reasonable 
  1- 6  cause to believe the child's life or health is in imminent 
  1- 7  danger; to provide a short title; to provide for procedures; 
  1- 8  to provide for authority and duties of the Department of 
  1- 9  Human Resources; to provide for immunity from liability; to 
  1-10  amend said chapter as reorganized by House Bill 1112 of 2000 
  1-11  accordingly; to provide for other matters relative thereto; 
  1-12  to provide for effective dates and contingent automatic 
  1-13  repealers; to repeal conflicting laws; and for other 
  1-14  purposes. 
 
  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-16                           SECTION 1. 
 
  1-17  This Act shall be known and may be cited as the "Terrell 
  1-18  Peterson Act." 
 
 
 
  1-19                           SECTION 2. 
 
  1-20  Article 1 of Chapter 11 of Title 15 of the Official Code of 
  1-21  Georgia Annotated, relating to juvenile proceedings, is 
  1-22  amended by inserting immediately following Code Section 
  1-23  15-11-17.1 a new Code Section 15-11-17.2 to read as follows: 
 
  1-24    "15-11-17.2. 
 
  1-25    (a) Notwithstanding Code Section 15-11-17 or any other 
  1-26    provision of law, a physician, licensed to practice 
  1-27    medicine in the State of Georgia in accordance with 
  1-28    Article 2 of Chapter 34 of Title 43, who is treating a 
  1-29    child may take or retain temporary protective custody of 
  1-30    the child, without a court order and without the consent 
  1-31    of a parent, guardian, or custodian, provided that: 
 
 
 
                                 -1- 
 
 
 
  2- 1      (1) The physician has reasonable cause to believe that 
  2- 2      the child is in a circumstance or condition that 
  2- 3      presents an imminent danger to the child's life or 
  2- 4      health as a result of suspected abuse or neglect; and 
 
  2- 5      (2) There is not sufficient time for a court order to be 
  2- 6      obtained under this article for temporary custody of the 
  2- 7      child before the child may be removed from the presence 
  2- 8      of the physician. 
 
  2- 9    (b) A physician detaining a child in temporary custody 
  2-10    shall: 
 
  2-11      (1) Make reasonable and diligent efforts to inform the 
  2-12      parents, guardian, or custodian of the child of the 
  2-13      whereabouts of the child; 
 
  2-14      (2) As soon as possible, make a report of the suspected 
  2-15      abuse or neglect which caused him or her to take 
  2-16      temporary custody of the child, as required by 
  2-17      subsection (e) of Code Section 19-7-5, and inform the 
  2-18      child welfare agency designated by the Department of 
  2-19      Human Resources to which such report is made that the 
  2-20      child has been detained in temporary custody as provided 
  2-21      in this Code section; and 
 
  2-22      (3) Not later than 24 hours after the child is detained 
  2-23      in temporary custody: 
 
  2-24        (A) Contact a juvenile court intake officer as 
  2-25        provided in paragraph (2) of subsection (a) of Code 
  2-26        Section 15-11-19, and inform such intake officer that 
  2-27        the child is in imminent danger to his or her life or 
  2-28        health as a result of suspected abuse or neglect; or 
 
  2-29        (B) Contact a law enforcement officer who shall take 
  2-30        the child into custody and promptly bring the child 
  2-31        before a juvenile court intake officer as provided in 
  2-32        Code Sections 15-11-19 and 15-11-21. 
 
  2-33    (c) A child who meets the requirements for inpatient 
  2-34    admission shall be retained in the hospital or institution 
  2-35    until such time as the child is medically ready for 
  2-36    discharge.  Upon notification by the hospital or 
  2-37    institution to the department that a child who is not 
  2-38    eligible for inpatient admission or who is medically ready 
  2-39    for discharge has been taken into custody by a physician 
  2-40    in accordance with subsection (b) of this Code section, 
  2-41    provided that the child has been placed in the custody of 
  2-42    the Department of Human Resources, the department shall 
 
 
                                 -2- 
 
 
 
  3- 1    take physical custody of the child within six hours of 
  3- 2    being notified. 
 
  3- 3    (d) If the intake officer determines that the child is to 
  3- 4    be detained, in accordance with Code Sections 15-11-18 and 
  3- 5    15-11-20 and subsection (a) of Code Section 15-11-21 and 
  3- 6    the court orders that the child be detained in the legal 
  3- 7    custody of the Department of Human Resources, acting by 
  3- 8    and through any of the county departments of family and 
  3- 9    children services, then: 
 
  3-10      (1) If the child remains in the physical care of the 
  3-11      physician, the department shall take physical possession 
  3-12      of the child within six hours of being notified by the 
  3-13      physician, unless the child meets the criteria for 
  3-14      admission to a hospital, or other medical institution or 
  3-15      facility where he or she has been detained in the 
  3-16      temporary custody by a physician; or 
 
  3-17      (2) If the child has been brought before the juvenile 
  3-18      court by a law enforcement officer, the department shall 
  3-19      promptly take physical possession of the child. 
 
  3-20    (e) If the child is not released, then the court shall 
  3-21    notify the child's parents, guardian, or other custodian, 
  3-22    the physician, and the Department of Human Resources of 
  3-23    the detention hearing which is to be held within 72 hours 
  3-24    as provided in subsection (c) of Code Section 15-11-21. 
 
  3-25    (f) If the intake officer determines that the child should 
  3-26    not be detained, the child shall be released pursuant to 
  3-27    the provisions set forth in Code Section 15-11-21. 
 
  3-28    (g) If after the detention hearing the child is not 
  3-29    released, the physician shall file the petition required 
  3-30    by subsection (e) of Code Section 15-11-21 in accordance 
  3-31    with this article, provided that such physician continues 
  3-32    to believe that the child's life or health is in danger as 
  3-33    a result of suspected abuse or neglect. 
 
  3-34    (h) Any hospital or physician authorized and acting in 
  3-35    good faith and in accordance with acceptable medical 
  3-36    practice in the treatment of a child under this Code 
  3-37    section shall have immunity from any liability, civil or 
  3-38    criminal, that might otherwise be incurred or imposed as a 
  3-39    result of taking or failing to take any action, pursuant 
  3-40    to this Code section.  This Code section shall not be 
  3-41    construed as imposing any additional duty not already 
  3-42    otherwise imposed by law." 
 
 
 
                                 -3- 
 
 
 
 
 
  4- 1                           SECTION 3. 
 
  4- 2  Article 1 of Chapter 11 of Title 15 of the Official Code of 
  4- 3  Georgia Annotated, relating to juvenile proceedings, is 
  4- 4  amended by inserting a new Code Section 15-11-15 to read as 
  4- 5  follows: 
 
  4- 6    "15-11-15. 
 
  4- 7    (a) Notwithstanding Code Section 15-11-45 or any other 
  4- 8    provision of law, a physician, licensed to practice 
  4- 9    medicine in the State of Georgia in accordance with 
  4-10    Article 2 of Chapter 34 of Title 43, who is treating a 
  4-11    child may take or retain temporary protective custody of 
  4-12    the child, without a court order and without the consent 
  4-13    of a parent, guardian, or custodian, provided that: 
 
  4-14      (1) The physician has reasonable cause to believe that 
  4-15      the child is in a circumstance or condition that 
  4-16      presents an imminent danger to the child's life or 
  4-17      health as a result of suspected abuse or neglect; and 
 
  4-18      (2) There is not sufficient time for a court order to be 
  4-19      obtained under this article for temporary custody of the 
  4-20      child before the child may be removed from the presence 
  4-21      of the physician. 
 
  4-22    (b) A physician detaining a child in temporary custody 
  4-23    shall: 
 
  4-24      (1) Make reasonable and diligent efforts to inform the 
  4-25      parents, guardian, or custodian of the child of the 
  4-26      whereabouts of the child; 
 
  4-27      (2) As soon as possible, make a report of the suspected 
  4-28      abuse or neglect which caused him or her to take 
  4-29      temporary custody of the child, as required by 
  4-30      subsection (e) of Code Section 19-7-5, and inform the 
  4-31      child welfare agency designated by the Department of 
  4-32      Human Resources to which such report is made that the 
  4-33      child has been detained in temporary custody as provided 
  4-34      in this Code section; and 
 
  4-35      (3) Not later than 24 hours after the child is detained 
  4-36      in temporary custody: 
 
  4-37        (A) Contact a juvenile court intake officer as 
  4-38        provided in paragraph (2) of subsection (a) of Code 
  4-39        Section 15-11-47, and inform such intake officer that 
 
 
 
                                 -4- 
 
 
 
  5- 1        the child is in imminent danger to his or her life or 
  5- 2        health as a result of suspected abuse or neglect; or 
 
  5- 3        (B) Contact a law enforcement officer who shall take 
  5- 4        the child into custody and promptly bring the child 
  5- 5        before a juvenile court intake officer as provided in 
  5- 6        Code Sections 15-11-47 and 15-11-48. 
 
  5- 7    (c) A child who meets the requirements for inpatient 
  5- 8    admission shall be retained in the hospital or institution 
  5- 9    until such time as the child is medically ready for 
  5-10    discharge.  Upon notification by the hospital or 
  5-11    institution to the department that a child who is not 
  5-12    eligible for inpatient admission or who is medically ready 
  5-13    for discharge has been taken into custody by a physician 
  5-14    in accordance with subsection (b) of this Code section, 
  5-15    provided that the child has been placed in the custody of 
  5-16    the Department of Human Resources, the department shall 
  5-17    take physical custody of the child within six hours of 
  5-18    being notified. 
 
  5-19    (d) If the intake officer determines that the child is to 
  5-20    be detained, in accordance with Code Sections 15-11-46 and 
  5-21    15-11-48 and subsection (a) of Code Section 15-11-49 and 
  5-22    the court orders that the child be detained in the legal 
  5-23    custody of the Department of Human Resources, acting by 
  5-24    and through any of the county departments of family and 
  5-25    children services, then: 
 
  5-26      (1) If the child remains in the physical care of the 
  5-27      physician, the department shall take physical possession 
  5-28      of the child within six hours of being notified by the 
  5-29      physician, unless the child meets the criteria for 
  5-30      admission to a hospital, or other medical institution or 
  5-31      facility where he or she has been detained in the 
  5-32      temporary custody by a physician; or 
 
  5-33      (2) If the child has been brought before the juvenile 
  5-34      court by a law enforcement officer, the department shall 
  5-35      promptly take physical possession of the child. 
 
  5-36    (e) If the child is not released, then the court shall 
  5-37    notify the child's parents, guardian, or other custodian, 
  5-38    the physician, and the Department of Human Resources of 
  5-39    the detention hearing which is to be held within 72 hours 
  5-40    as provided in subsection (c) of Code Section 15-11-49. 
 
 
 
 
 
                                 -5- 
 
 
 
  6- 1    (f) If the intake officer determines that the child should 
  6- 2    not be detained, the child shall be released pursuant to 
  6- 3    the provisions set forth in Code Section 15-11-49. 
 
  6- 4    (g) If after the detention hearing the child is not 
  6- 5    released, the physician shall file the petition required 
  6- 6    by subsection (e) of Code Section 15-11-49 in accordance 
  6- 7    with this article, provided that such physician continues 
  6- 8    to believe that the child's life or health is in danger as 
  6- 9    a result of suspected abuse or neglect. 
 
  6-10    (h) Any hospital or physician authorized and acting in 
  6-11    good faith and in accordance with acceptable medical 
  6-12    practice in the treatment of a child under this Code 
  6-13    section shall have immunity from any liability, civil or 
  6-14    criminal, that might otherwise be incurred or imposed as a 
  6-15    result of taking or failing to take any action, pursuant 
  6-16    to this Code section.  This Code section shall not be 
  6-17    construed as imposing any additional duty not already 
  6-18    otherwise imposed by law." 
 
 
 
  6-19                           SECTION 4. 
 
  6-20    (a) If House Bill 1112, reorganizing Articles 1, 2, and 4 
  6-21    of Chapter 11 of Title 15 of the Official Code of Georgia 
  6-22    Annotated, relating to juvenile proceedings, is approved 
  6-23    by the Governor or becomes law without such approval, 
  6-24    Sections 1 and 3 of this Act shall become effective July 
  6-25    1, 2000, and Section 2 of this Act shall be automatically 
  6-26    repealed on such date. 
 
  6-27    (b) If House Bill 1112, reorganizing Articles 1, 2, and 4 
  6-28    of Chapter 11 of Title 15 of the Official Code of Georgia 
  6-29    Annotated, relating to juvenile proceedings, is not 
  6-30    approved by the Governor and does not become law without 
  6-31    such approval, Sections 1 and 2 of this Act shall become 
  6-32    effective July 1, 2000, and Section 3 of this Act shall be 
  6-33    automatically repealed on such date. 
 
  6-34                           SECTION 5. 
 
  6-35  All laws and parts of laws in conflict with this Act are 
  6-36  repealed. 
 
 
 
 
 
 
 
                                 -6- 

Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00