05 LC 29
1628
House
Bill 333
By:
Representatives Mumford of the
95th,
Ralston of the
7th,
and Mangham of the
94th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to juvenile proceedings, so as to update certain provisions relating to juvenile
proceedings; to change certain provisions relating to disposition of a deprived
child; to change certain provisions regarding reunification efforts; to change
certain provisions regarding child placement following termination orders; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by striking paragraph (2) of subsection (a) of Code
Section 15-11-55, relating to disposition of deprived child, and inserting in
its place the following:
"(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;
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
In deprivation
cases based on a petition brought by the Department of Human Resources, before a
transfer of temporary legal custody in an
order of disposition under this paragraph a reasonably diligent search for a
parent or relative of the child or
for
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"
SECTION
2.
Said
chapter is further amended by striking subsection (p) of Code Section 15-11-58,
relating to reunification efforts, and inserting in lieu thereof the
following:
"(p)
In advance of each review or hearing to be held with respect to a child pursuant
to this Code section, the court shall provide written notice or shall direct
that a party shall provide written notice of such review or hearing, including
their right to be heard at such review or hearing, to the custodian of the
child, to the foster parents of the child, and to any preadoptive parents or
relatives providing care for the child,
consistent
with the form and timing of notice
on or about
the time that notice is required to be
provided to parties; provided, however,
that this provision shall not be construed to require a custodian, foster
parent, preadoptive parent, or relative caring for the child to be made a party
to the hearing solely on the basis of such notice and opportunity to be heard.
At each such hearing the court in its discretion, based upon the evidence, may
enter an order accepting or rejecting any report of the Division of Family and
Children Services of the Department of Human Resources, ordering an additional
evaluation, appointing a guardian ad litem, or undertaking such other review as
it deems necessary and appropriate to determine the disposition that is in the
child́s
best interest. The
court́s
order may incorporate all or part of the report of the Division of Family and
Children Services of the Department of Human Resources. In its order the court
shall include findings of fact which reflect the
court́s
consideration,
in accordance with subsection (a) of Code Section
15-11-56, of the oral and written
testimony
information
offered by the parents, the custodian of the child, the foster parents of the
child, any preadoptive parents or relatives providing care for the child who are
required to be provided with notice and a right to be heard in any review or
hearing to be held with respect to the child, and the Division of Family and
Children Services of the Department of Human Resources. A disposition may be
made under the terms of this Code section only if the court finds that such
disposition is in the best interest of the
child."
SECTION
3.
Said
chapter is further amended by striking paragraph (3) of subsection (a) of Code
Section 15-11-103, relating to placement of child following termination order,
and inserting in lieu thereof the following:
"(3)
If no placement of the child is effected under paragraph (1) or (2) of this
subsection, the court may commit the child to a suitable individual
on the
condition that the person becomes
as
the guardian of the person of the child pursuant to the
court́s
authority under Code Section 15-11-30.1, if the court determines such placement
is the most appropriate for and in the best interest of the
child."
SECTION
4.
This
Act shall become effective on July 1, 2005.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.