23 LC 48 0870S
H. B. 460 (SUB)
- 1 -
House Bill 460 (COMMITTEE SUBSTITUTE)
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 a right to legal representation for children in foster care; to6
provide for related matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile10
code, is amended by adding a new Code section to read as follows:11
"15-11-11.1.
12
A dependent child who is represented by court appointed counsel and who is the subject13
of a legitimation petition pursuant to Code Section 15-11-11 may be represented by the14
same appointed counsel in the legitimation matter."15 23 LC 48 0870S
H. B. 460 (SUB)
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SECTION 2.
16
Said chapter is further amended by revising subsection (a) of Code Section 15-11-14, relating17
to transfers from probate court, as follows:18
"(a) The court shall hold a hearing within 30 days of receipt of a case transferred from the19
probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code20
Section 29-2-8. A child may obtain a court appointed attorney for the hearing to determine
21
whether continuation or termination of the temporary guardianship is in the best interests22
of the child."23
SECTION 3.24
Said chapter is further amended by revising subsections (a) and (b) of Code Section25
15-11-103, relating to right to attorney, as follows:26
"(a) A child and any custodian or guardian subject to a sworn complaint or affidavit and27
any other party respondent to a proceeding under this article shall have the right to an28
attorney at all stages of the proceedings under this article.29
(b) The court shall appoint an attorney for an alleged dependent child and any child30
receiving extended care youth services from DFCS at all stages of the proceedings under31
this article. The appointment shall be made as soon as practicable to ensure adequate32
representation of such child and, in any event, before the first court hearing that may33
substantially affect the interests of such child."34
SECTION 4.35
Said chapter is further amended by revising subsection (b) of Code Section 15-11-132,36
relating to verbal custody order, as follows:37
"(b) When a child is taken into custody under exceptional circumstances, an affidavit or38
sworn complaint containing the information previously relayed orally, including39
telephonically, shall be filed with the clerk of the court the next business day, and a written40 23 LC 48 0870S
H. B. 460 (SUB)
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order shall be issued if not previously issued. Only when a child is taken into custody41
under exceptional circumstances can an affidavit or sworn complaint be filed. The written42
order shall include the court's findings of fact supporting the necessity for such child's43
removal from the custody of his or her parent, guardian, or legal custodian in order to44
safeguard such child's welfare and shall designate a child's legal custodian."45
SECTION 5.46
Said chapter is further amended by adding a new subsection to Code Section 15-11-340,47
relating to criteria for receiving services, development of transition plan, and termination, to48
read as follows:49
"(f) The trial court may appoint an attorney for a child at all stages of the proceedings50
under this article with the child's consent. If a child does not have an attorney, a child shall51
be informed prior to any hearing of their right to have legal representation and shall be52
given an opportunity to:53
(1) Obtain an attorney of his or her own choice;54
(2) Obtain a court appointed attorney in the court's discretion; or55
(3) Waive the right to an attorney."56
SECTION 6.57
All laws and parts of laws in conflict with this Act are repealed.58