07 LC 29
2806S
The
House Committee on Judiciary Non-civil offers the following substitute to
HB 599:
HB 599:
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 provide the juvenile court with concurrent
jurisdiction for certain adoption proceedings; to provide for certain procedures
relating to adoption proceedings; to amend Chapter 8 of Title 19 of the Official
Code of Georgia Annotated, relating to adoption, so as to revise provisions
relating to jurisdiction of adoption proceedings; to provide for related
matters; 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 adding a new subsection to Code Section 15-11-28,
relating to the jurisdiction and venue of the juvenile court, to read as
follows:
"(f)
Concurrent
jurisdiction as to adoption proceedings.
The juvenile court shall have concurrent jurisdiction to hear an adoption
petition that is first filed in the superior court in accordance with Chapter 8
of Title 19, provided that the juvenile court has previously entered an order
pursuant to Code Section 15-11-103 terminating parental rights of one or more of
the parents of the child or a deprivation proceeding is pending at the time the
adoption petition is filed in the superior court based upon a parent voluntarily
signing a surrender of parental rights in support of an adoption plan for such
child, and the date set by the superior court for final hearing on such adoption
petition is not within 30 days from the date of filing. In cases meeting the
requirements of this subsection, the adoption petition previously filed in the
superior court may be transferred to the juvenile court or withdrawn and refiled
in the juvenile court for a hearing to be held within ten days from the date of
transfer or refiling. An adoption petition withdrawn and refiled pursuant to
this subsection shall not constitute a ground for invalidation of a decree of
adoption granted by the juvenile court."
SECTION
2.
Said
chapter is further amended by revising subsection (e) of Code Section 15-11-103,
relating to the placement of a child following a termination order, as
follows:
"(e)
Except in those cases where the child was placed pursuant to paragraph (3) or
(5) of subsection (a) of this Code section,
if
a petition seeking the adoption of the child
is
not
shall
be filed within
six
four
months after the date of the disposition
order,
or final
decision of any appeal, unless an adoptive placement has not been approved by
the Department of Human Resources or the Department of Human Resources, in its
discretion, determined that it is not in the best interest of the child that a
petition seeking adoption be filed by that
time.
the
The
court shall
then,
and at least every six months
thereafter
as long as the child remains
unadopted,
review the circumstances of the child to determine what efforts have been made
to assure that the child will be adopted. The court may then enter such orders
as it deems necessary to further the adoption, including but not limited to
another placement. In those cases where the child was placed with a guardian of
the child´s person pursuant to paragraph (3) of subsection (a) of this Code
section, the guardian shall report to the court in the same manner and at the
same frequency as is required for guardians of the person of minors appointed by
the judge of the probate court. In those cases where the child was placed
pursuant to paragraph (5) of subsection (a) of this Code section, the court
shall, at least every six months thereafter as long as the child remains subject
to the jurisdiction of the court, review the circumstances of the child to
determine that placement in the family home-like setting continues to be in the
child´s best interests."
SECTION
3.
Chapter
8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption,
is amended by revising subsection (a) of Code Section19-8-2, relating to
jurisdiction and venue of adoption proceedings, as follows:
"(a)
The superior courts of the several counties shall have
exclusive
jurisdiction in all matters of adoption, except such jurisdiction as may be
granted to the juvenile courts
by delegation
from the superior court or as allowed pursuant to subsection (f) of Code Section
15-11-28."
SECTION
4.
Said
chapter is further amended by revising the introductory language to subsection
(a) of Code Section 19-8-13, relating to petitions for adoption, as
follows:
"(a)
The petition for adoption, duly verified, together with one conformed copy
thereof,
must
shall
be filed with the clerk of the
superior
court having jurisdiction and shall conform to the following
guidelines:"
SECTION
5.
Said
chapter is further amended by revising subsection (c) of Code Section 19-8-20,
relating to adoption certificates, as follows:
"(c)
The adoption certificate shall be in substantially the following form:
This
is to certify that _______________________ (names of each adopting parent) have
obtained a decree of adoption for _______________________ (full name of adopted
child) in the
Superior
_____________
(level of court) Court of _____________
County, Georgia, on the ______ day of ______________, as shown by the
court´s records.
Given
under the hand and seal of said court, this the ______ day of ______________,
____.
_______________
Clerk"
SECTION
6.
Said
chapter is further amended by revising subsection (c) of Code Section 19-8-26,
relating to the surrender of parental rights and forms, as follows:
"(c)
The surrender of rights by a parent or guardian pursuant to paragraph (1) of
subsection (e) of Code Section 19-8-5 shall conform substantially to the
following form:
SURRENDER
OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:
FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:
This
is an important legal document and by signing it you are surrendering all of
your right, title, and claim to the child identified herein, so as to facilitate
the child´s placement for adoption. You are to receive a copy of this
document and as explained below have the right to withdraw your surrender within
ten days from the date you sign it.
______________
I,
the undersigned, being solicitous that my (male) (female) child, born
(insert name
of child), on
(insert
birthdate of child), should receive the
benefits and advantages of a good home, to the end that (she) (he) may be fitted
for the requirements of life, consent to this surrender.
I,
the undersigned,
(insert
relationship to child) of the aforesaid
child, do hereby surrender the child to
(insert name,
surname not required, of each person to whom surrender is
made), PROVIDED each such person is named
as petitioner in a petition for adoption of the child filed in accordance with
Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days
from the date hereof. Furthermore, I promise not to interfere in the management
of the child in any respect whatever; and, in consideration of the benefits
guaranteed by
(insert name,
surname not required, of each person to whom surrender is
made) in thus providing for the child, I
do relinquish all right, title, and claim to the child herein named, it being my
wish, intent, and purpose to relinquish absolutely all parental control over the
child.
It
is also my wish, intent, and purpose that if each such person is not named as
petitioner in a petition for adoption as provided for above within the 60 day
period, other than for excusable neglect, or, if said petition for adoption is
filed within 60 days but the adoption action is dismissed with prejudice or
otherwise concluded without an order declaring the child to be the adopted child
of each such person, then I do hereby surrender the child as
follows:
(Mark
one of the following as chosen)
____
I wish the child returned to me, and I expressly acknowledge that this provision
applies only to the limited circumstance that the child is not adopted by the
person or persons designated herein and further that this provision does not
impair the validity, absolute finality, or totality of this surrender under any
circumstance other than the failure of the designated person or persons to adopt
the child and that no other provision of this surrender impairs the validity,
absolute finality, or totality of this surrender once the revocation period has
elapsed; or
____
I surrender the child to
(insert name
of designated licensed child-placing
agency), a licensed child-placing agency,
for placement for adoption; or
____
I surrender the child to the Department of Human Resources, as provided by
subsection (k) of Code Section 19-8-5, for placement for adoption; and
(insert name
of designated licensed child-placing
agency) or the Department of Human
Resources may petition the superior court
or other court
of competent jurisdiction for custody of
the child in accordance with the terms of this surrender.
Furthermore,
I hereby agree that the child is to be adopted either by each person named above
or by any other such person as may be chosen by the
(insert name
of designated licensed child-placing
agency) or the Department of Human
Resources and I do expressly waive any other notice or service in any of the
legal proceedings for the adoption of the child.
Furthermore,
I understand that under Georgia law an agent appointed by the court is required
to conduct an investigation and render a report to the court in connection with
the legal proceeding for the legal adoption of the child and I hereby agree to
cooperate fully with such agent in the conduct of this
investigation.
Furthermore,
I hereby certify that I have received a copy of this document and that I
understand I may only withdraw this surrender by giving written notice,
delivered in person or mailed by registered mail or statutory overnight
delivery, to
(insert name
and address of agent of each person to whom surrender is
made) within ten days from the date
hereof; that the ten days shall be counted consecutively beginning with the day
immediately following the date hereof; however, if the tenth day falls on a
Saturday, Sunday, or legal holiday then the last day on which the surrender may
be withdrawn shall be the next day that is not a Saturday, Sunday, or legal
holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore,
I hereby certify that I have not been subjected to any duress or undue pressure
in the execution of this surrender document and do so freely and
voluntarily.
Witness
my hand and seal this ______ day of ______________, ____.
______________(SEAL)
(Parent or guardian)
__________________
Unofficial witness
Sworn to and subscribed
before me this ______
day of ______________, ____.
(Parent or guardian)
__________________
Unofficial witness
Sworn to and subscribed
before me this ______
day of ______________, ____.
_______________________
Notary public (SEAL)
My commission expires ______________."
Notary public (SEAL)
My commission expires ______________."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.