08 LC 29
3196S
The
House Committee on Judiciary offers the following substitute to HB
1040:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to jurisdiction and venue of juvenile court
proceedings, so as to grant jurisdiction to juvenile courts for the appointment
of a permanent guardian for a deprived child under certain circumstances; to
provide for required findings; to provide for duration of orders; to provide for
modification, vacation, or revocation of orders; to provide for notice and a
hearing; to provide for rights and duties of the permanent guardians; to provide
for an oath; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to jurisdiction and venue of juvenile court proceedings, is
amended by revising Code Section 15-11-30.1, relating to appointment of guardian
and transfer of custody and child support questions from superior court, as
follows:
"15-11-30.1.
(a)(1)
The court is vested with jurisdiction to appoint a guardian of the person or
property of any child and with jurisdiction over proceedings involving any child
whose custody is the subject of controversy. Any such appointment shall be made
pursuant to the same requirements of notice and hearing as are provided for
appointments of guardians of the persons and properties of minors by the judge
of the probate court.
(2)(A)
In addition to the jurisdiction to appoint guardians pursuant to paragraph (1)
of this subsection, the juvenile court shall be vested with jurisdiction to
appoint a permanent guardian for a child whose custody is a subject of
controversy before the court as a result of an adjudication that the child is
deprived in accordance with Part 6 of this article. Prior to the entry of such
an order, the court shall:
(i)
Find that reasonable efforts to reunify the child with his or her parent would
be detrimental to the child in accordance with subsection (h) of Code Section
15-11-58 or find that the living parents or parent of the child have consented
to the permanent guardianship;
(ii)
Find that termination of parental rights and adoption and, if the proposed
guardian is not a relative of the child, that placement with a fit and willing
relative, is not in the best interest of the child;
(iii)
Find that the proposed permanent guardian can provide a safe and permanent home
for the child;
(iv)
Find that the appointment of a permanent guardian for the child is in the best
interest of the child and that the individual chosen as the child´s
permanent guardian is the individual most appropriate to be the child´s
permanent guardian taking into consideration the best interest of the child;
and
(v)
If the child is 14 years of age or older, find that the appointment of a
permanent guardian for the child is in the best interest of the child and that
the individual chosen by such child as the child´s permanent guardian is
the individual most appropriate to be the child´s permanent guardian taking
into consideration the best interest of the child.
(B)
The court may enter an order of support on behalf of the child against the
parents of the child in accordance with paragraph (2) of subsection (c) of Code
Section 15-11-28.
(C)
Orders under subparagraph (A) of this paragraph shall:
(i)
Remain in effect until the child reaches the age of 18 or becomes
emancipated;
(ii)
Not be subject to review by the court except as provided in subparagraph (D) of
this paragraph; and
(iii)
Establish a reasonable visitation schedule which allows the child to maintain
meaningful contact with his or her parents through personal visits, telephone
calls, letters, or other forms of communication or specifically include any
restriction on a parent´s right to visitation.
(D)
The court shall retain jurisdiction over a guardianship action under this
paragraph for the sole purpose of entering an order following the filing of a
petition to modify, vacate, or revoke the guardianship and to appoint a new
guardian. The superior courts shall have concurrent jurisdiction for
enforcement or modification of any child support or visitation order entered
pursuant to this Code section. The guardianship shall be modified, vacated, or
revoked based upon a finding, by clear and convincing evidence, that there has
been a material change in the circumstances of the child or the guardian and
that such modification, vacation, or revocation of the guardianship order and
the appointment of a new guardian is in the best interest of the child.
Appointment of a new guardian shall be subject to the provisions of this
paragraph.
(E)
Notice of a guardianship petition pursuant to this paragraph shall be given in
accordance with subsection (c) of Code Section 29-2-17 except that, if the
parents have consented to the guardianship, notice of the petition shall not be
required to be given to the individuals listed in division (vii) of subparagraph
(F) of this paragraph. The hearing shall be conducted in accordance with Code
Section 29-2-18, to determine the best interest of the child, and in reaching
its determination the court shall consider subparagraph (A) of this
paragraph.
(F)
The petition for the appointment of a permanent guardian pursuant to this
paragraph shall set forth:
(i)
A statement of the facts upon which the court´s jurisdiction is
based;
(ii)
The name and date of birth of the child;
(iii)
The name, address, and county of domicile of the petitioner and the
petitioner´s relationship to the child, if any, and, if different from the
petitioner, the name, address, and county of domicile of the individual
nominated by the petitioner to serve as guardian and that individual´s
relationship to the child, if any;
(iv)
A statement that:
(I)
Reasonable efforts to reunify the child with his or her parent would be
detrimental to the child in accordance with subsection (h) of Code Section
15-11-58 or that the living parents or parent of the child have consented to the
permanent guardianship;
(II)
Termination of parental rights and adoption and, if the proposed guardian is not
a relative of the child, that placement with a fit and willing relative is not
in the best interest of the child;
(III)
The proposed guardian can provide a safe and permanent home for the
child;
(IV)
The appointment of a permanent guardian for the child is in the best interest of
the child and that the individual chosen as the child´s guardian is the
individual most appropriate to be the child´s permanent guardian taking
into consideration the best interest of the child; and
(V)
If the child is 14 years of age or older, that the appointment of a permanent
guardian for the child is in the best interest of the child and that the
individual chosen by such child as the child´s permanent guardian is the
individual most appropriate to be the child´s permanent guardian taking
into consideration the best interest of the child;
(v)
A statement of whether the child was born out of wedlock and, if so, the name
and address of the biological father, if known;
(vi)
Whether, to the petitioner´s knowledge, there exists any notarized or
witnessed document made by a parent of the child that deals with the
guardianship of the child and the name and address of any designee named in the
document;
(vii)
In addition to the petitioner and the nominated guardian and, if the parents
have not consented to the permanent guardianship, the names and addresses of the
following relatives of the child whose whereabouts are known:
(I)
The adult siblings of the child; provided, however, that not more than three
adult siblings need to be listed;
(II)
If there is no adult sibling of the child, the grandparents of the child;
provided, however, that not more than three grandparents need to be listed;
or
(III)
If there is no grandparent of the child, any three of the nearest adult
relatives of the child determined according to Code Section 53-2-1 of the
'Revised Probate Code of 1998';
(viii)
Whether a temporary guardian has been appointed for the child or a petition for
the appointment of a temporary guardian has been filed or is being filed;
and
(ix)
The reason for any omission in the petition for appointment of a permanent
guardian for the child in the event full particulars are lacking.
(G)
A guardian of the person of a child appointed under this paragraph shall have
the rights and duties of a permanent guardian as are provided in Code Sections
29-2-21, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as
provided in Code Section 29-2-24.
(b)
Other courts, in handling divorce, alimony, habeas corpus, or other cases
involving the custody of a child or children, may transfer the question of the
determination of custody, support, or custody and support to the juvenile court
for investigation and a report back to the superior court or for investigation
and determination. If the referral is for investigation and determination, then
the juvenile court shall proceed to handle the matter in the same manner as
though the action originated under this article in compliance with the order of
the superior court. At any time prior to the determination of any such
question, the juvenile court may transfer the jurisdiction of the question back
to the referring superior court."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.