05 LC 29
1703S
House
Bill 195 (COMMITTEE SUBSTITUTE)
By:
Representatives Fleming of the
117th,
Setzler of the
35th,
Burmeister of the
119th,
Freeman of the
140th,
Loudermilk of the
14th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to termination of parental rights, so as to change
provisions relating to the time frame for hearings and orders on petitions to
terminate parental rights; to provide for legislative findings; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds and declares that it is in the best interest of this
statés
foster children to have a safe and permanent home as soon as possible and that
childreńs
interests are not served by remaining in foster care any longer than is
absolutely necessary. The General Assembly presumes that once a petition to
terminate parental rights is filed in juvenile court, such cases should be heard
and decided as expeditiously as possible so as not to result in the delay of a
determination of a
child́s
future. It is the intent of the General Assembly to further expedite hearings
and final orders in parental rights termination cases and that this Act should
not be construed so as to require the refiling of a petition to terminate
parental rights or a rehearing of such case if the deadlines enunciated by this
Act are not met.
SECTION
2.
Article
2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to termination of parental rights, is amended by striking Code Section
15-11-106, relating to expedient hearings and disposition of orders, and
inserting in lieu thereof the following:
"15-11-106.
Provided
that no just cause has been shown for delay,
all
All
hearings contemplated by this article shall be conducted
in an
expedient manner. An
within 90 days
of the date a petition to terminate parental rights is filed pursuant to Code
Section 15-11-95. Provided that no just cause has been shown by written finding
of fact by the court for delay, an order
of disposition shall be issued by the juvenile court no later than
one year
after the filing of the petition required by Code Section 15-11-95, provided
that no just cause has been shown for
delay
30 days after
the conclusion of the hearing on the petition to terminate parental
rights. This Code section shall not affect
the right to request a rehearing or the right to appeal the juvenile
court́s
order."
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.