08 LC 28
4313S
The
House Committee on Special Rules offers the following substitute to HR
1701:
A
RESOLUTION
Creating
the House Study Committee for the Protection of Abused and Neglected Children;
and for other purposes.
WHEREAS,
the interest of the child should be first and foremost in all of Georgia´s
child protection laws; and
WHEREAS,
the safety and welfare of Georgia´s children is dependent upon the laws
established for the protection of children and the procedures for reviewing
child custody decisions; and
WHEREAS,
Georgia´s history is full of stories of tragedy involving the deaths of
children who were placed in temporary custody under the protective services of
the Division of Family and Children Services and cases where children were
removed from loving foster care parents and were unwisely returned to abusive
biological parents; and
WHEREAS,
moreover, this state is not immune from the horrible and tragic stories of child
abuse and child sexual exploitation; and
WHEREAS,
many of these tragedies could have been avoided if our laws were better suited
to ensuring that all information regarding an abused or neglected child is made
available to a fact finder in a criminal or child custody case; and
WHEREAS,
the greatest injustice in a legal system is a procedure that hides the truth of
the abusive treatment of a child; and
WHEREAS,
individuals, foster parents, Division of Family and Children Services employees,
and law enforcement officers have witnessed these tragedies first hand and, in
order to make a difference, these individuals have come together and made
recommendations to improve Georgia´s legal system in child abuse and child
custody cases; and
WHEREAS,
the voices of these concerned individuals have too long been ignored; it is time
to seriously consider their pleas for statutory changes and create comprehensive
legislation for the protection of Georgia´s children; and
WHEREAS,
the interests of Georgia´s children must be #1 in Georgia´s child
protection laws.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created
the House Study Committee for the Protection of Abused and Neglected Children to
be composed of five members. The Speaker of the House of Representatives shall
appoint five members of the House of Representatives as members of the committee
and shall designate one of such members as chairperson. The committee shall
elicit the views from experts who shall include case workers from Division of
Family and Children Services, law enforcement officials from local law
enforcement agencies who shall have experience investigating child abuse cases,
prosecutors with experience prosecuting child abuse cases, the child advocacy
officer, juvenile court judges with extensive experience in termination of
parental rights cases, and attorneys who shall be a member of the Georgia bar
with extensive experience in representing the best interest of a child in a
child custody proceeding. The committee shall meet at the call of the
chairperson.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of the
conditions, needs, issues, and problems mentioned above or related thereto and
recommend any actions or legislation which the committee deems necessary or
appropriate. The committee shall specifically undertake to consider the
following legislative proposals based upon recommendations from experienced
individuals working in the child care area:
(1)
Termination of parental rights where a parent or custodian has exhibited a
pattern of misbehavior resulting in permanent or serious injury to the
child;
(2)
Mandating that the termination of parental rights petition shall be filed within
12 months following placement of a child into temporary custody;
(3)
Authorizing DNA testing of a male parent in a termination of parental rights
preceding for the purpose of overriding a presumption that a husband of a wife
at the time of a child´s birth is the biological father of the child where
there is a basis for believing the male is not the child´s biological
parent;
(4)
Providing oversight of special assistant attorneys general appointed to
represent the Division of Family and Children Services in termination of
parental rights hearings or temporary custodial hearings;
(5)
Providing for appeals to the superior court from a juvenile court decision in
certain cases involving the termination of parental rights;
(6)
Clarifying the admission of evidence related to past parental misconduct in a
termination of parental rights case;
(7)
Authorizing foster parents to attend termination of parental rights
hearings;
(8)
Mandating drug and alcohol testing for custodians of abused children under
investigation upon certain conditions that permit a finding that drug and
alcohol use relates to the abuse or neglect of the child; and
(9)
Authorizing the child advocacy officer to have access to termination of parental
rights hearings, records, and case files.
In
addition, the study committee should undertake to study and evaluate current law
and government policies and practices related to the sexual exploitation of
children, particularly the commercialization of child sexual exploitation, and
the need to improve such laws, policies, and practices. The study committee
should also study and evaluate whether additional regulation of the adult
entertainment industry is warranted to minimize the secondary effects of such
industry relating to children, such as child prostitution and commercial
exploitation of children.
BE
IT FURTHER RESOLVED that the committee may conduct such meetings at such places
and at such times as it may deem necessary or convenient to enable it to
exercise fully and effectively its powers, perform its duties, and accomplish
the objectives and purposes of this resolution. The legislative members of the
committee shall receive the allowances provided for in Code Section 28-1-8 of
the Official Code of Georgia Annotated. Citizen members shall receive a daily
expense allowance in the amount specified in subsection (b) of Code Section
45-7-21 of the Official Code of Georgia Annotated as well as the mileage or
transportation allowance authorized for state employees. All other funds
necessary to carry out the provisions of this resolution shall come from funds
appropriated to the House of Representatives. The expenses and allowances
authorized by this resolution shall not be received by any member of the
committee for more than five days unless additional days are authorized. In the
event the committee makes a report of its findings and recommendations, with
suggestions for proposed legislation, if any, such report shall be made on or
before December 31, 2008. The committee shall stand abolished on December 31,
2008.