07 HB 270/AP
House
Bill 270 (AS PASSED HOUSE AND SENATE)
By:
Representatives Ralston of the
7th,
Benton of the
31st,
Oliver of the
83rd,
Carter of the
159th,
Fleming of the
117th,
and others
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 under certain circumstances; to provide for confidentiality of certain
information; to provide for a penalty for disclosing confidential 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 lay 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 all the requirements
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)
If a juvenile court judge determines that a child involved in a deprivation
proceeding needs a CASA, the judge shall have the authority to appoint a CASA,
and in such circumstance shall sign an order appointing a CASA at the earliest
possible stage of the proceedings. Such order shall impose on a 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, except as ordered by the judge, 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 or 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,' a CASA shall be notified of all court hearings,
judicial reviews, judicial citizen review panels, and other significant changes
of circumstances of the child´s case to which the CASA has been appointed
to the same extent and in the same manner as the parties to the case are
notified of such matters.
(2)
A CASA shall be notified of the formulation of any case plan of the child´s
case to which the CASA has been appointed and may 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, such
CASA shall have access to all records and information relevant to the
child´s case to which such CASA has been appointed when such records and
information are not otherwise protected from disclosure pursuant to Code Section
19-7-5. Such records and information shall not include records and information
provided under Article 5 of this chapter, the 'Georgia Advocate for the
Protection of Children Act,' or provided under Chapter 4A of Title 49. The
CASA´s right to access such records shall be as otherwise authorized by
law.
(h)(1)
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.
(2)
Except as provided in Code Section 49-5-41, any CASA who discloses confidential
information obtained during the course of his or her appointment shall be guilty
of a misdemeanor. CASA´s shall maintain all information and records
regarding mental health, developmental disability, and substance abuse according
to the confidentiality requirements contained in Code Section 37-3-166,
37-4-125, or 37-7-166, as applicable.
(i)
Any CASA authorized and acting in good faith, in the absence of fraud or malice,
and in accordance with the duties required by 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 a 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.