07 LC 29
2903S
The
Senate Special Judiciary Committee offered the following substitute to HB
168:
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 change the qualifications for an associate
juvenile court judge; to provide that the duration of certain orders in
deprivation proceedings may be extended for longer periods under certain
circumstances; to provide for other party´s ability to file certain
motions; 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 revising subsections (a) and (b) of Code Section
15-11-21, relating to associate juvenile court judges, appointment and
compensation, qualifications, conduct of hearings, and rehearing, as
follows:
"(a)
The judge may appoint one or more persons to serve as associate juvenile court
judge in juvenile matters on a full-time or part-time basis. The associate
juvenile court judge shall serve at the pleasure of the judge, and his or her
salary shall be fixed by the judge with the approval of the governing authority
or governing authorities of the county or counties for which the associate
juvenile court judge is appointed. The salary of each associate juvenile court
judge shall be paid from county funds.
Except as
provided in subsection (b) of this Code section, an associate juvenile court
judge shall be a member of the State Bar of Georgia or shall be a graduate of a
law school; provided, however, that any person serving as a referee on July 1,
1983, shall be qualified for appointment thereafter to serve as an associate
juvenile court judge.
(b)
In each
county having a population of 75,000 or more according to the United States
decennial census of 1990 or any such future census and which employs a full-time
juvenile court judge, each
Each
associate juvenile court judge
appointed
after July 1, 1994, shall have the same
qualifications as required for a judge of the juvenile court as provided in
subsection (e) of Code Section 15-11-18; provided, however, that any person
serving as
a referee
on July 1, 1983
an associate
juvenile court judge on July 1, 2007,
shall be qualified for appointment thereafter to serve as an associate juvenile
court judge."
SECTION
2.
Said
chapter is further amended by revising subsection (n) of Code Section 15-11-58,
relating to reasonable efforts regarding reunification of family, reports and
plans, custody orders when reunification found not to be in child´s best
interest, duration of orders, review of determinations, hearings, and
supplemental orders, as follows:
"(n)
The court which made the order may extend its duration for
one or more
periods of not more than 12 months
if:
(1)
A hearing is held upon motion of the Division of Family and Children Services of
the Department of Human Resources
or any other
party in interest as recognized by the
court prior to the expiration of the
order;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and
opportunity to be heard are given to the parties affected; and
(3)
The court finds
by clear and
convincing evidence that the extension is
necessary to accomplish the purposes of the order extended
and is in the
best interest of the
child."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.