23 LC 48 0823
H. B. 460
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House Bill 460
By: Representatives Ballinger of the 23
rd
, Camp of the 135
th
, Reeves of the 99
th
, and Silcox
of the 53
rd
A BILL TO BE ENTITLED
AN ACT
To Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile
1
code, so as to provide for a child's right to legal representation in legitimation cases; to2
provide for a child's right to legal representation in permanent guardianship cases; to provide3
for a right to legal representation for guardians and respondents in dependency proceedings;4
to provide for the filing of a complaint in exceptional circumstances during removal5
proceedings; to provide for permanent guardianship proceedings; to provide for a right to6
legal representation for children in foster care; to amend Title 24 of the Official Code of7
Georgia Annotated, relating to evidence, so as to provide that children be deemed competent8
to testify in termination proceedings without taking a sworn oath; to provide that the medical9
narrative hearsay exception be used in dependency and termination proceedings; to provide10
for related matters; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile14
code, is amended by adding a new Code section to read as follows:15 23 LC 48 0823
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"15-11-11.1.16
A dependent child who is represented by court appointed counsel and who is the subject17
of a legitimation petition pursuant to Code Section 15-11-11 may be represented by the18
same appointed counsel in the legitimation matter."19
SECTION 2.20
Said chapter is further amended by revising subsection (a) of Code Section 15-11-14, relating21
to transfers from probate court, as follows:22
"(a) The court shall hold a hearing within 30 days of receipt of a case transferred from the23
probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code24
Section 29-2-8. A child may obtain a court appointed attorney for the hearing to determine25
whether continuation or termination of the temporary guardianship is in the best interests26
of the child."27
SECTION 3.28
Said chapter is further amended by revising subsections (a) and (b) of Code Section29
15-11-103, relating to right to attorney, as follows:30
"(a) A child and any custodian or guardian subject to a sworn complaint or affidavit and31
any other party respondent to a proceeding under this article shall have the right to an32
attorney at all stages of the proceedings under this article.33
(b) The court shall appoint an attorney for an alleged dependent child and any child34
receiving extended care youth services from DFCS at all stages of the proceedings under35
this article. The appointment shall be made as soon as practicable to ensure adequate36
representation of such child and, in any event, before the first court hearing that may37
substantially affect the interests of such child."38 23 LC 48 0823
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SECTION 4.
39
Said chapter is further amended by revising subsection (b) of Code Section 15-11-132,40
relating to verbal custody order, as follows:41
"(b) When a child is taken into custody under exceptional circumstances, an affidavit or42
sworn complaint containing the information previously relayed orally, including43
telephonically, shall be filed with the clerk of the court the next business day, and a written44
order shall be issued if not previously issued. Only when a child is taken into custody
45
under exceptional circumstances can an affidavit or sworn complaint be filed. The written46
order shall include the court's findings of fact supporting the necessity for such child's47
removal from the custody of his or her parent, guardian, or legal custodian in order to48
safeguard such child's welfare and shall designate a child's legal custodian."49
SECTION 5.50
Said chapter is further amended by revising Code Section 15-11-243, relating to notice and51
permanent guardianship hearing, as follows:52
"15-11-243.53
(a) Notice of a guardianship petition pursuant to this part shall be given to a parent of the54
child who was adjudicated as a dependent child and shall also be given in accordance with55
subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the56
guardianship, notice of the petition shall not be required to be given to:57
(1) The adult siblings of the child who was adjudicated as a dependent child;58
(2) The grandparents of the child who was adjudicated as a dependent child; or59
(3) The nearest adult relatives of the child who was adjudicated as a dependent child as60
determined in accordance with Code Section 53-2-1. The court shall direct the issuance61
of a summons to the legal mother or biological mother, legal father or biological father,62
guardian, legal custodian, attorney, and guardian ad litem, if any, of the child named in63
the petition to appoint a permanent guardian and any other persons who appear to the64 23 LC 48 0823
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court to be proper or necessary parties to the proceeding, requiring them to appear before65
the court to answer the allegations of the petition. A copy of such petition shall66
accompany the summons unless the summons is served by publication, in which case the67
published summons shall indicate the general nature of the allegations and where a copy68
of such petition can be obtained.69
(b) The court shall direct that notice and a copy of the petition be provided to the child70
named in the petition if the child is 14 years of age or older.71
(c) The summons shall include a notice of the effect of the court appointing a permanent72
guardian as provided in Code Section 15-11-242 and shall state that a party is entitled to73
an attorney in the proceedings and that the court will appoint an attorney if the party is an74
indigent person.75
(d) The court may endorse upon the summons an order directing the parent, guardian, or76
legal custodian of the child named in the petition to appear personally at the hearing or77
directing the person having physical custody or control of such child to bring such child78
to the hearing.79
(e) A party other than the child named in the petition may waive service of summons by80
written stipulation or by voluntary appearance at the hearing.81
(f) If a party to be served with a summons is within this state and can be found, the82
summons shall be served upon him or her personally as soon as possible and at least 3083
days before the permanent guardianship hearing.84
(g) If a party to be served is within this state and cannot be found but his or her address is85
known or can be ascertained with due diligence, the summons shall be served upon such86
party at least 30 days before the permanent guardianship hearing by mailing him or her a87
copy by registered or certified mail or statutory overnight delivery, return receipt requested.88
(h) If a party to be served is outside this state but his or her address is known or can be89
ascertained with due diligence, service of the summons shall be made at least 30 days90
before the permanent guardianship hearing either by delivering a copy to such party91 23 LC 48 0823
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personally or by mailing a copy to him or her by registered or certified mail or statutory92
overnight delivery, return receipt requested.93
(i) If, after due diligence, a party to be served with a summons cannot be found and such94
party's address cannot be ascertained, whether he or she is within or outside this state, the95
court may order service of the summons upon him or her by publication. The permanent96
guardianship hearing shall not be held earlier than 31 days after the date of last publication.97
(j)(1) Service by publication shall be made once a week for four consecutive weeks in98
the legal organ of the county where the petition for appointment of a permanent99
guardianship has been filed and of the county of the biological father's last known100
address. Service shall be deemed complete upon the date of last publication.101
(2) When served by publication, the notice shall contain the names of the parties, except102
that the anonymity of a child shall be preserved by the use of appropriate initials, and the103
date the petition for appointment of a permanent guardianship was filed. The notice shall104
indicate the general nature of the allegations and where a copy of the petition for105
appointment of a permanent guardianship can be obtained and require the party to be106
served by publication to appear before the court at the time fixed to answer the107
allegations of the petition for appointment of a permanent guardianship.108
(3) The petition for appointment of a permanent guardianship shall be available to the109
parties, except for the petitioner, free of charge from the court during business hours or,110
upon request, shall be mailed to such party.111
(4) Within 15 days after the filing of the order of service by publication, the clerk of112
court shall mail a copy of the notice, a copy of the order of service by publication, and113
a copy of the petition for appointment of a permanent guardianship to the absent party's114
last known address.115
(k) Service of the summons may be made by any suitable person under the direction of the116
court.117 23 LC 48 0823
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(l) The court may authorize the payment from county funds of the costs of service and of118
necessary travel expenses incurred by persons summoned or otherwise required to appear119
at the hearing.120
(m) The court shall hold a hearing and the standard for determination for all matters at121
issue shall be the best interests of The hearing shall be conducted in accordance with Code122
Section 29-2-18 to determine the best interests of the child who was adjudicated as a123
dependent child, and in reaching its determination the court shall consider Code Section124
15-11-240."125
SECTION 6.126
Said chapter is further amended by adding a new Code Section to read as follows:127
"15-11-243.1.128
(a) Unless he has surrendered all parental rights to his child, a summons shall be served129
in the same manner as provided in Code Section 15-11-282 on the biological father:130
(1) Whose paternity has been previously established in a judicial proceeding to which131
the father was a party;132
(2) Whose identity is known to the petitioner or the petitioner's attorney;133
(3) Who is a registrant on the putative father registry and has acknowledged paternity of134
the child named in the petition brought pursuant to this article;135
(4) Who is a registrant on the putative father registry who has indicated possible136
paternity of the child named in the petition brought pursuant to this article that was born137
to such child's mother during a period beginning no more than two years immediately138
preceding such child's date of birth; or139
(5) Who, if the court finds from the evidence including but not limited to the affidavit140
of the mother of a child named in the petition brought pursuant to this article, has141
performed any of the following acts:142
(A) Lived with such child;143 23 LC 48 0823
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(B) Contributed to such child's support;144
(C) Made any attempt to legitimate such child; or145
(D) Provided support or medical care for such mother either during her pregnancy or146
during her hospitalization for the birth of such child.147
(b) The notice shall advise the biological father who is not the legal father that the effect148
of the petition for appointment of a permanent guardianship is that the child will remain149
with the guardian until the child reaches the age of 18 or becomes emancipated, that the150
court may enter an order of support on behalf of the child against the biological father, and151
that the father may not be entitled to object to the termination of his rights to such child152
unless, within 30 days of receipt of notice, he files:153
(1) A petition to legitimate such child; and154
(2) Notice of the filing of the petition to legitimate with the court in which the petition155
for appointment of a permanent guardianship is pending.156
(c) If the identity of the biological father is not known to the petitioner or the petitioner's157
attorney and the biological father would not be entitled to notice in accordance with158
subsection (a) of this Code section, then it shall be rebuttably presumed that he is not159
entitled to notice of the proceedings. The court shall be authorized to require the mother160
to execute an affidavit supporting the presumption or show cause before the court if she161
refuses. Absent evidence rebutting the presumption, no further inquiry or notice shall be162
required by the court.163
(d) The court may enter an order for permanent guardianship over the objection of a164
biological father:165
(1) Who fails to file a timely petition to legitimate the child named in a petition brought166
pursuant to this article and notice in accordance with subsection (b) of this Code section;167
(2) Whose petition to legitimate is subsequently dismissed for failure to prosecute; or168
(3) Whose petition to legitimate does not result in a court order finding that he is the169
legal father of the child named in a petition brought pursuant to this article."170 23 LC 48 0823
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SECTION 7.
171
Said chapter is further amended by adding a new subsection to Code Section 15-11-340,172
relating to criteria for receiving services, development of transition plan, and termination, to173
read as follows:174
"(f) The trial court may appoint an attorney for a child at all stages of the proceedings
175
under this article with the child's consent. If a child does not have an attorney, a child shall176
be informed prior to any hearing of their right to have legal representation and shall be177
given an opportunity to:178
(1) Obtain an attorney of his or her own choice;179
(2) Obtain a court appointed attorney in the court's discretion; or180
(3) Waive the right to an attorney."181
SECTION 8.182
Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by183
revising subsection (b) of Code Section 24-6-603, relating to oath or affirmation relative to184
witnesses, as follows:185
"(b) Notwithstanding the provisions of subsection (a) of this Code section, in all186
proceedings involving dependency as defined by Code Section 15-11-2, in all proceedings187
involving termination of parental rights under Article 4 of Chapter 11 of Title 15, and in188
all criminal proceedings in which a child was a victim of or witness to any crime, the child189
shall be competent to testify, and the child's credibility shall be determined as provided in190
this chapter."191
SECTION 9.192
Said title is further amended by revising subsection (b) and adding two new subsections to193
Code Section 24-8-826, relating to medical reports in narrative form, to read as follows:194 23 LC 48 0823
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"(b) In all juvenile dependency proceedings under Article 3 of Chapter 11 of Title 15195
involving injury or disease, any medical report in narrative form as described in subsection196
(a) of this Code section, and notice of intention to introduce such report, shall first be197
provided to the adverse party at least five days prior to the adjudication hearing. Any198
adverse party may object to the admissibility of any portion of the report, other than on the199
ground that it is hearsay, within three days of being provided with the report. All other200
provisions of subsection (a) of this Code section concerning medical reports in narrative201
form are applicable to juvenile dependency proceedings.202
(c) In all termination of parental rights proceedings under Article 4 of Chapter 11 of Title203
15 involving injury or disease, any medical report in narrative form as described in204
subsection (a) of this Code section, and notice of intention to introduce such report, shall205
first be provided to the adverse party at least 15 days prior to the adjudication hearing. Any206
adverse party may object to the admissibility of any portion of the report, other than on the207
ground that it is hearsay, within seven days of being provided with the report. All other208
provisions of subsection (a) of this Code section concerning medical reports in narrative209
form are applicable to termination of parental rights proceedings.210
(d) The medical narrative shall be presented to the jury as depositions are presented to the211
jury and shall not go out with the jury as documentary evidence."212
SECTION 10.213
All laws and parts of laws in conflict with this Act are repealed.214