07 LC 38
0239
House
Bill 153
By:
Representatives Loudermilk of the
14th,
Oliver of the
83rd,
Lewis of the
15th,
Franklin of the
43rd,
Setzler of the
35th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to the deprivation of juveniles, so as to provide
certain requirements when placing children with the Division of Family and
Children Services; to amend Article 1 of Chapter 5 of Title 49 of the Official
Code of Georgia Annotated, relating to children and youth services, so as to
provide new definitions; 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
6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to the deprivation of juveniles, is amended by revising
subsection (c) of Code Section 15-11-55, relating to the disposition of a
deprived child, as follows:
"(c)
Notwithstanding any other provision of law, the court after transferring
temporary legal custody of a child to the Division of Family and Children
Services within the Department of Human Resources may at any time conduct sua
sponte a judicial review of the current placement plan being provided to said
child. After its review the court may order the division to comply with the
current placement plan, order the division to devise a new placement plan within
available division resources, or make any other order relative to placement or
custody outside the Department of Human Resources as the court finds to be in
the best interest of the child.
Placement
or a change of custody by the court outside the Department of Human Resources
shall relieve the department of further responsibility for the child so
placed.
The policy of
the State of Georgia is that children in the custody of the Division of Family
and Children Services should have stable placements. The division shall keep
the court notified of the location of the child´s placement while in the
division´s custody. Changes in the child´s placement shall be made
only after notification to the court and all parties to allow time to challenge
the change as not in the child´s best interest. Exceptions to the advance
notice shall be made if the child´s health or welfare would be endangered
by delaying a change in placement, but the court and the parties must be
notified within 24 hours of the placement
change."
SECTION
2.
Article
1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating
to children and youth services, is amended by revising paragraph (12) of Code
Section 49-5-3, relating to definitions, as follows:
"(12)
'Legal custody' means a legal status created by court order embodying the
following rights and responsibilities:
(A)
The right to have the physical possession of the child or youth;
(B)
The right and the duty to protect, train, and discipline
him
the child or
youth;
(C)
The responsibility to provide
him
the child or
youth with food, clothing, shelter,
education, and ordinary medical care; and
(D)
The right to determine where and with whom
he
the child or
youth shall live,
provided
that these rights and responsibilities shall be exercised subject to the powers,
rights, duties, and responsibilities of the guardian of the person of the child
or youth and subject to any residual parental rights and responsibilities.
These rights
are subject to judicial oversight and review pursuant to Code Section
15-11-55."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.