08 LC 38
0495-EC
House
Bill 1054
By:
Representatives Cooper of the
41st,
Manning of the
32nd,
Butler of the
18th,
Martin of the
47th,
Willard of the
49th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
enact the "Children and Family Services Strengthening Act of 2008"; to amend
Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,
relating to the Child Advocate for the Protection of Children, so as to provide
the necessary staffing and administrative support to the Georgia Child Fatality
Review Panel; to amend Chapter 14 of Title 19 of the Official Code of Georgia
Annotated, relating to child abuse and neglect prevention, so as to transfer the
functions of the Children´s Trust Fund Commission to the Governor´s
Office for Children and Families; to repeal Code Sections 19-14-2 through
19-14-9; to provide for the continued existence of the Children´s Trust
Fund; to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated,
relating to child abuse, so as to provide the Office of the Child Advocate for
the Protection of Children with certain responsibilities regarding
administrative and staff support; to provide that the Georgia Child Fatality
Review Panel shall be attached to the Office of Planning and Budget; to amend
Article 6 of Chapter 5 of Title 49, relating to programs and protection for
children, so as to make legislative declarations; to provide for definitions; to
establish the Governor´s Office for Children and Families; to provide such
office with certain powers and responsibilities; to provide for an executive
director; to provide for an advisory board; to provide for revisions for
purposes of conformity; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act may be cited as the "Children and Family Services Strengthening Act of
2008."
SECTION
2.
The
General Assembly finds that well-intentioned efforts over the years have
resulted in the creation of several agencies focused on preventing child abuse
and juvenile delinquency, on serving at-risk families and troubled youth, and on
promoting the improvement of our state´s child welfare system. The General
Assembly further finds that the work of some of these agencies overlaps, and
that the at-risk families and troubled children of Georgia will be more
efficiently and effectively served by consolidating the Children and Youth
Coordinating Council with the Children´s Trust Fund Commission, by placing
the functions of the Georgia Child Fatality Review Panel under the supervision
of the Child Advocate for the Protection of Children, and by encouraging these
consolidated agencies to collaborate to create a consistent vision for serving
the needs of our state´s families in need.
SECTION
3.
Article
5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to the Child Advocate for the Protection of Children, is amended in Code Section
15-11-173, relating to duties, by adding a new paragraph (3) and renumbering the
remaining paragraphs respectively.
"(3)
Coordinate and supervise the work of the Georgia Child Fatality Review Panel
created by Code Section 19-5-4 and provide such staffing and administrative
support to the panel as may be necessary to enable the panel to carry out its
statutory duties;"
SECTION
4.
Chapter
14 of Title 19 of the Official Code of Georgia Annotated, relating to child
abuse and neglect prevention, is amended by revising Code Section 19-14-1,
relating to the short title for the "Child Abuse and Neglect Prevention Act," to
read as follows:
"19-14-1.
This
chapter shall be known and may be cited as the 'Child Abuse and Neglect
Prevention Act.'
The functions
and duties of the State Children´s Trust Fund Commission are hereby
transferred to the Governor´s Office for Children and Families effective
July 1, 2008. All action taken by the State Children´s Trust Fund
Commission prior to that date shall be considered valid, and the Governor´s
Office for Children and Families shall as of July 1, 2008, assume all ongoing
and continuing obligations of the Children´s Trust Fund Commission. All
personnel, supplies, records, materials, furniture, furnishings, books,
equipment, and services of the Children´s Trust Fund Commission shall be
transferred to the office on July 1,
2008."
SECTION
5.
Said
chapter is further amended by repealing Code Sections 19-14-2 through
19-14-9.
SECTION
6.
Said
chapter is further amended by revising Code Section 19-14-20, relating to the
creation of the State Children´s Trust Fund, to read as
follows:
"19-14-20.
The
State Children´s Trust Fund is created as a separate fund in the state
treasury. The fund shall be expended only as provided in this chapter
and in Part 1
of Article 6 of Chapter 5 of Title 49, and the State Children´s Trust Fund
shall continue in existence until repealed by the
legislature."
SECTION
7.
Chapter
15 of Title 19 of the Official Code of Georgia Annotated, relating to child
abuse, is amended in Code Section 19-15-4, relating to the Georgia Child
Fatality Review Panel, by revising subsection (b) to read as
follows:
"(b)
The panel
shall be attached for administrative purposes only to the Department of Human
Resources. Notwithstanding any provision in Code Section 50-4-3 to the contrary,
the State Children´s Trust Fund Commission shall provide such staff support
as may be necessary to enable the panel to discharge its duties under the
law
The Office of
the Child Advocate for the Protection of Children shall coordinate the work of
the panel and shall provide such administrative and staff support to the panel
as may be necessary to enable the panel to discharge its duties under this
chapter. The panel shall be attached to the Office of Planning and Budget for
administrative purposes, and its planning, policy, and budget functions shall be
coordinated with those of the Office of the Child
Advocate."
SECTION
8.
Article
6 of Chapter 5 of Title 49, relating to programs and protection for children, is
amended by striking Part 1 in its entirety and inserting in lieu thereof a new
Part 1 to read as follows:
"Part
1
49-5-130.
The
General Assembly finds and declares:
(1)
That the future of this state depends on our supporting and nurturing the
creation and development of strong, safe, stable, and successful families.
Therefore, the General Assembly is committed to ensuring the provision of
appropriate services to children, youth, and families. The intent of this
article is to provide for the effective coordination and communication between
providers of prevention and early intervention services for children and youth
and juvenile justice and child welfare systems at all levels of state
government;
(2)
That consolidating multiple child welfare and juvenile justice funding and
policy agencies into a single agency with authority to address the needs of
at-risk children from birth through adolescence will create a more unified,
consistent approach to addressing the needs of our state´s children and
youth; and
(3)
Its intent to reduce the number of children committed by the courts to
institutions operated by the Department of Juvenile Justice and the Department
of Human Resources or other state agencies and to provide a preventative,
comprehensive plan for the development of community based alternatives so that
children who have committed delinquent acts and children who are at risk of
becoming dependents of state government and its institutions may not have to be
committed to a state detention facility or other such facility. Additionally,
it is the intent of this article to provide for noninstitutional disposition
options in any case before the juvenile court where such disposition is deemed
to be in the best interest of the child and of the community.
49-5-131.
(a)
As used in this article, the term:
(1)
'Board' means the advisory board to the Governor´s Office for Children and
Families created pursuant to Code Section 49-5-134.
(2)
'Child' means a person under the age of 17 years or a person under the age of 18
years who is alleged to be deprived or is alleged to be a status offender as
those terms are defined by Code Section 15-11-2.
(3)
'Delinquent act' means an act defined in paragraph (6) of Code Section 15-11-2;
provided, however, that such term shall not include a 'designated felony act' as
such term is defined in paragraph (2) of subsection (a) of Code Section
15-11-63.
(4)
'Director' means the executive director of the Governor´s Office for
Children and Families.
(5)
'Fund' means the Children´s Trust Fund created pursuant to Code Section
19-14-20.
(6)
'Neglect' means harm to a child´s health or welfare by a person responsible
for the child´s health or welfare which occurs through negligent treatment,
including the failure to provide adequate food, clothing, shelter, or medical
care.
(7)
'Office' means the Governor´s Office for Children and Families created
pursuant to Code Section 49-5-132.
(8)
'Prevention program' means a system of direct provision of child abuse and
neglect prevention services to a child, parent, or guardian and may include
research or educational programs related to prevention of child abuse and
neglect.
49-5-132.
(a)
There is established the Governor´s Office for Children and Families which
shall be assigned to the Governor´s Office of Planning and Budget for
administrative purposes.
(b)
The office shall be the successor entity to the Children and Youth Coordinating
Council and to the Children´s Trust Fund Commission and shall assume the
continuing responsibilities, duties, rights, and authorities of those bodies,
any law to the contrary notwithstanding.
(c)
The office may accept federal funds granted by Congress or executive order for
the purposes of the fund as well as gifts and donations from individuals,
private organizations, or foundations. The acceptance and use of federal funds
does not commit state funds and does not place an obligation upon the General
Assembly to continue the purposes for which the federal funds are made
available. All funds received in the manner described in this Code section
shall be transmitted to the director of the Office of Treasury and Fiscal
Services for deposit in the fund to be disbursed as other moneys in such
fund.
(d)
The office is further vested with authority to carry out the following duties
and responsibilities in consultation with the board:
(1)
To carry out the prevention and community based service programs as provided for
in Part 2 of this article;
(2)
To carry out the duties relating to mentoring as provided for in Part 3 of this
article;
(3)
To cooperate with and secure cooperation of every department, agency, or
instrumentality in the state government or its political subdivisions in the
furtherance of the purposes of this article;
(4)
To prepare, publish, and disseminate fundamental child related information of a
descriptive and analytical nature to all components of the children´s
service system of this state, including, but not limited to, the juvenile
justice system;
(5)
To serve as a state-wide clearing-house for child related information and
research;
(6)
In coordination and cooperation with all components of the children´s
service systems of this state, to develop legislative proposals and executive
policy proposals reflective of the priorities of the entire child related
systems of this state, including, but not limited to, child abuse injury
prevention, treatment, and juvenile justice systems;
(7)
To serve in an advisory capacity to the Governor on issues impacting the
children´s service systems of this state;
(8)
To coordinate high visibility child related research projects and studies with a
state-wide impact when those studies and projects cross traditional system
component lines;
(9)
To provide for the interaction, communication, and coordination of all
components of the children´s service systems of this state and to provide
assistance in establishing state-wide goals and standards in the
system;
(10)
To provide for the effective coordination and communication between providers of
children and youth services, including pediatrics, health, mental health,
business and industry, and all components of social services, education, and
educational services;
(11)
To encourage and facilitate the establishment of local commissions or coalitions
on children and youth and to facilitate the involvement of communities in
providing services for their children and youth;
(12)
To review and develop an integrated state plan for services provided to children
and youth in this state through state programs;
(13)
To provide technical assistance and consultation to members of the council and
local governments, particularly those involved in providing services to their
children and youth;
(14)
To facilitate elimination of unnecessary or duplicative efforts, programs, and
services; and
(15)
To do any and all things necessary and proper to enable it to perform wholly and
adequately its duties and to exercise the authority granted to it.
49-5-133.
(a)
There shall be an executive director of the office who shall be appointed by and
serve at the pleasure of the Governor.
(b)
The director may contract with other agencies, public or private, or persons as
the director deems necessary for the rendering and affording of such services,
facilities, studies, research, and reports as will best enable the office to
carry out its functions, responsibilities, and duties under this article. The
director is specifically authorized to enter cooperative contracts for the
sharing of staff expertise and personnel with the Office of the Child Advocate
for the Protection of Children.
49-5-134.
(a)
There is established an advisory board to the office which shall consist of at
least 15 members appointed by the Governor who as a group have training,
experience, or special knowledge concerning the prevention and treatment of
child abuse and neglect, emotional disability, foster care, teenage pregnancy,
juvenile delinquency, law enforcement, pediatrics, health care, drug treatment
and rehabilitation, early childhood, primary and secondary education, or the
administration of juvenile justice.
(b)
At least one-fifth of the members of the board shall be under the age of 24 at
the time of their appointment, and at least three members shall have been or
shall currently be under the jurisdiction of the juvenile justice system or the
foster care system. A single member may fulfill both of the above
requirements.
(c)
Membership on the commission does not constitute public office and no member
shall be disqualified from holding public office by reason of his or her
membership.
(d)
The Governor shall designate a chairperson of the commission from among the
members who shall serve in that position at the pleasure of the Governor. The
commission may elect such other officers and committees as it considers
appropriate.
(e)
Members shall serve without compensation, although each member of the board
shall be reimbursed for actual expenses incurred in the performance of his or
her duties from funds available to the office. Such reimbursement shall be
limited to all travel and other expenses necessarily incurred through service on
the board, in compliance with travel rules and regulations. However, in no case
shall a member of the board be reimbursed for expenses incurred in the
member´s capacity as the representative of another state
agency.
49-5-135.
(a)
The board shall:
(1)
Meet at such times and places as it shall determine necessary or convenient to
perform its duties. The board shall also meet on the call of the chairperson,
the director, or the Governor;
(2)
Maintain minutes of its meetings;
(3)
Adopt rules and regulations for the transaction of its business;
(4)
In consultation with the office, establish criteria for determining eligibility
for receipt of disbursements from the fund;
(5)
Review applications for disbursements of available money from the fund for child
abuse and neglect prevention purposes;
(6)
In consultation with the office, administer federal assistance funds for the
purposes mentioned in this article, including but not limited to funds under the
Juvenile Justice and Delinquency Prevention Act;
(7)
Maintain records of all expenditures of the funds received as gifts and
donations, and disbursements made, from the fund and from other state and
federal funds;
(8)
Conform to the standards and requirements prescribed by the state accounting
officer pursuant to Chapter 5B of Title 50;
(9)
Using the combined expertise and experience of its members, provide regular
advice and counsel to the director to enable the office to carry out its
statutory duties under this article; and
(10)
Carry out such duties of the office as may be required by federal law or
regulation so as to enable the state to receive and disburse federal funds for
child abuse prevention and treatment and juvenile delinquency prevention and
treatment.
(b)
The board may authorize the disbursement of available money from the fund after
appropriation thereof to an entity or program eligible pursuant to the criteria
of the office exclusively to fund a private nonprofit or public organization in
the development or operation of a prevention program if all of the following
conditions are met:
(1)
The organization demonstrates broad based community involvement emphasizing
volunteer efforts and demonstrates expertise in child abuse prevention
issues;
(2)
The organization demonstrates a willingness and ability to provide program
models and consultation to organizations and communities regarding program
development and maintenance; and
(3)
Other conditions that the board may deem appropriate.
(c)
Funds shall not be disbursed from the trust fund to any organization or other
entity or for any purpose authorized in subsection (a) of this Code section
until approved by the Governor; provided, however, that the Governor may not
authorize the disbursement of funds to an organization or other entity which the
office has not recommended for a grant."
SECTION
9.
Title
15 of the Official Code of Georgia Annotated, relating to the courts, is amended
by replacing "Children and Youth Coordinating Council" with "Governor´s
Office for Children and Families" wherever the former occurs
in:
(1) Code Section 15-5-81, relating to the Georgia Courts Automation Commission; and
(2) Code Section 15-11-79, relating to juvenile records.
(1) Code Section 15-5-81, relating to the Georgia Courts Automation Commission; and
(2) Code Section 15-11-79, relating to juvenile records.
SECTION
10.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended in Code Section 35-6A-3, relating to the
Criminal Justice Coordinating Council, by replacing "Children and Youth
Coordinating Council" with "Governor´s Office for Children and Families"
wherever the former occurs.
SECTION
11.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by replacing "Children and Youth Coordinating Council" with
"Governor´s Office for Children and Families" wherever the former occurs
in:
(1) Code Section 49-5-155, relating to the receipt of federal grant funds;
(2) Code Section 49-5-156, relating to mentoring programs for youth;
(3) Code Section 49-5-224, relating to certain reports required by the Department of Human Resources; and
(4) Code Section 49-5-227, relating to a coordinated system of care for children and youth.
(1) Code Section 49-5-155, relating to the receipt of federal grant funds;
(2) Code Section 49-5-156, relating to mentoring programs for youth;
(3) Code Section 49-5-224, relating to certain reports required by the Department of Human Resources; and
(4) Code Section 49-5-227, relating to a coordinated system of care for children and youth.
SECTION
12.
Said
title is further amended in Code Section 49-5-156, relating to mentoring
programs for youth, by replacing "council" with "office" wherever the former
occurs.
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.