07 LC 38
0270
Senate
Bill 128
By:
Senator Carter of the 13th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to the Office of the Child Advocate for the Protection of
Children, so as to provide for confidentiality of records held by the Office of
the Child Advocate for the Protection of Children; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to the Office of the Child Advocate for the Protection of Children, is amended
by revising paragraph (2) of subsection (a) of Code Section 15-11-174, relating
to the rights and powers of the advocate, as follows:
"(2)
To have access to all records and files of the division concerning or relating
to a child, and to have access, including the right to inspect, copy, and
subpoena records held by clerks of the various courts, law enforcement agencies,
service providers, including medical and mental health, and institutions, public
or private, with whom a particular child has been either voluntarily or
otherwise placed for care or from whom the child has received treatment within
the state. To the extent any such information provides the names and addresses
of individuals who are the subject of any confidential proceeding or statutory
confidentiality provisions, such names and addresses or related information
which has the effect of identifying such individuals shall not be released to
the public without the consent of such
individuals.
The Office of the Child Advocate for the Protection of Children is bound by all
confidentiality safeguards provided in Code Sections 49-5-40 and 49-5-44.
Anyone wishing to obtain records held by the Office of the Child Advocate shall
petition the original agency of record where such records
exist;"
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.