07 LC 38
0420S
The
House Committee on Judiciary offers the following substitute to SB
128:
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 provide for confidentiality of records held by
the Office of the Child Advocate for the Protection of Children; to provide
specifically for the consideration of in-state and out-of-state placements for
children at permanency plan hearings; to provide for procedural safeguards to
assure that in a permanency hearing there is consultation with the child, in an
age appropriate manner, regarding the proposed permanency and transition plan
for the child; to require that foster parents, preadoptive parents, and relative
caregivers are given notice of their right to be heard at certain hearings and
proceedings; to provide that foster parents, preadoptive parents, and relative
caregivers must be provided notice of their right to be heard at all court
proceedings held pursuant to Article 2 of said chapter; to amend Chapter 5 of
Title 49, relating to programs and protections for children and youth; to
provide that the Department of Human Resources shall not disclose or use
information from child abuse and neglect registries obtained from other states
outside the department for any purpose other than conducting background checks
to be used in foster care and adoptive placements; to permit the department to
provide health and education records to children who leave foster care as a
result of reaching the age of majority; to provide for related matters; 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.
Chapter
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended in Code Section 15-11-174, relating to the rights and
powers of the advocate, by revising paragraph (2) of subsection (a) 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.
Said
chapter is further amended by adding a new Code section to read as
follows:
"15-11-55.1.
In
advance of any hearing or other proceeding to be held with respect to a child
pursuant to Code Section 15-11-55 or a deprivation hearing to be held with
respect to a child pursuant to paragraph (3) of subsection (c) of Code Section
15-11-49 and Code Sections 15-11-39 and 15-11-39.2, the court shall provide
notice or shall direct that a party shall provide notice of such hearing or
other proceeding, including their right to be heard at such hearing or other
proceeding, to the foster parents of the child, and to any preadoptive parents
or relatives providing care for the child, consistent with the form and timing
of notice to parties; provided, however, that this provision shall not be
construed to require a foster parent, preadoptive parent, or relative caring for
the child to be made a party to the hearing solely on the basis of such notice
and right to be heard."
SECTION
3.
Said
chapter is further amended in Code Section 15-11-58, relating to case plans,
permanency plans, and other court proceedings regarding deprived juveniles, by
revising paragraph (4) of subsection (o) as follows:
"(4)
The parents, the custodian of the child, the foster parents of the child, any
preadoptive parent or relative providing care for the child, and other parties
shall be given written notice of a permanency hearing at least five days in
advance and shall be advised that the permanency plan recommended by the
Division of Family and Children Services of the Department of Human Resources
will be submitted to the court for consideration to become an order of the
court. Procedural safeguards shall be applied with respect to parental rights
pertaining to the removal of the child from the home of his or her parents, to a
change in the child´s placement, and to any determination affecting
visitation privileges of parents.
Procedural
safeguards shall also be applied to assure that the court or the judicial
citizen review panel conducting a permanency hearing, including any hearing
regarding transition of the child from foster care to independent living, shall
consult, in an age-appropriate manner, with the child regarding the proposed
permanency or transition plan for such
child. The provisions of subsection (p)
of this Code section concerning notice, opportunity to be heard, authority of
the court, and content of the court´s order are applicable to proceedings
under this paragraph."
SECTION
4.
Said
chapter is further amended in Code Section 15-11-58, relating to case plans,
permanency plans, and other court proceedings regarding deprived juveniles, by
revising paragraph (6) of subsection (o) as follows:
"(6)
The court or judicial citizen review panel which conducts the permanency hearing
shall determine, as a finding of fact, whether the Division of Family and
Children Services of the Department of Human Resources has made reasonable
efforts to finalize the permanency plan which is in effect at the time of the
hearing. Further, the court or the judicial citizen review panel, if applicable,
shall determine as a finding of fact whether, in the case of a child placed out
of the state, the out-of-state placement continues to be appropriate and in the
best interest of the child and, in the case of a child who has attained the age
of 14, shall determine the services needed to assist the child to make a
transition from foster care to independent living.
Also, in the
case of a child whose permanency plan provides that the child will not be
returned to the parent, the court or judicial citizen review panel, if
applicable, shall consider in-state and out-of-state placement options for such
child. Such findings of fact shall be
made a part of the report of the judicial citizen review panel to the court and
any supplemental order entered by the court.
The
provisions of subsection (p) of this Code section concerning notice, opportunity
to be heard, authority of the court, and content of the court´s order are
applicable to proceedings under this
paragraph."
SECTION
5.
Said
chapter is further amended in Code Section 15-11-58, relating to case plans,
permanency plans, and other court proceedings regarding deprived juveniles, by
revising subsection (p) as follows:
"(p)
In advance of each
review,
or
hearing, or
other proceeding to be held with respect
to a child pursuant to this Code section, the court shall provide written notice
or shall direct that a party shall provide written notice of such
review,
or
hearing, or
other proceeding, including their right to
be heard at such
review,
or
hearing, or
other proceeding to the custodian of the
child, to the foster parents of the child, and to any preadoptive parents or
relatives providing care for the child, consistent with the form and timing of
notice to parties; provided, however, that this provision shall not be construed
to require a custodian, foster parent, preadoptive parent, or relative caring
for the child to be made a party to the
review,
hearing, or
other proceeding solely on the basis of
such notice and opportunity to be heard. At each such
review,
hearing, or
proceeding, the court in its discretion,
based upon the evidence, may enter an order accepting or rejecting any report of
the Division of Family and Children Services of the Department of Human
Resources, ordering an additional evaluation, appointing a guardian ad litem, or
undertaking such other review as it deems necessary and appropriate to determine
the disposition that is in the child´s best interest. The court´s
order may incorporate all or part of the report of the Division of Family and
Children Services of the Department of Human Resources. In its order the court
shall include findings of fact which reflect the court´s consideration of
the oral and written testimony offered by the parents, the custodian of the
child, the foster parents of the child, any preadoptive parents or relatives
providing care for the child who are required to be provided with notice and a
right to be heard in any
review,
or
hearing, or
proceeding to be held with respect to the
child, and the Division of Family and Children Services of the Department of
Human Resources. A disposition may be made under the terms of this Code section
only if the court finds that such disposition is in the best interest of the
child."
SECTION
6.
Said
chapter is further amended by revising Code Section 15-11-104, relating to the
applicability of Article 1 of Chapter 11 of Title 15 to Article 2, to read as
follows:
"15-11-104.
In
a proceeding under this article, the provisions of Article 1 of this chapter
shall apply unless in conflict with this article.
In advance of
any hearing or other proceeding to be held with respect to a child pursuant to
this article, the court shall provide written notice or shall direct that a
party shall provide written notice of such hearing or other proceeding,
including their right to be heard at such hearing or other proceeding, to the
foster parents of the child and to any preadoptive parents or relatives
providing care for the child, consistent with the form and timing of notice to
parties; provided, however, that this provision shall not be construed to
require a foster parent, preadoptive parent, or relative caring for the child to
be made a party to the hearing solely on the basis of such notice and right to
be heard."
SECTION
7.
Chapter
5 of Title 49 of the Official Code of Georgia Annotated, relating to programs
and protections for children and youth, is further amended by adding a new
subsection (c) to Code Section 49-5-40, relating to definitions and
confidentiality of records, to read as follows:
"(c)
Each and every record concerning child abuse or neglect which is received by the
department from the child abuse and neglect registry of any other state shall
not be disclosed or used outside the department for any other purpose other than
conducting background checks to be used in foster care and adoptive
placements."
SECTION
8.
Said
chapter is further amended by adding a new paragraph (12) to subsection (c) of
Code Section 49-5-41, relating to persons and agencies permitted access to
records, to read as follows:
"(12)
An individual, at the time such individual is leaving foster care by reason of
having attained the age of majority, but such access shall be limited to
providing such individual with a free copy of his or her health and education
records, including the most recent information available."
SECTION
9.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.