Georgia 2023-2024 Regular Session

Georgia House Bill HB460 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 48 0870S~~/AP~~
2		-	H. B. 460
	1	+	23 LC 48 0870S
	2	+	H. B. 460 (SUB)
3	3		- 1 -
4		-	House Bill 460 (~~AS PASSED HOUSE AND SENATE~~)
	4	+	House Bill 460 (COMMITTEE SUBSTITUTE)
5	5		By: Representatives Ballinger of the 23
6	6		rd
7	7		, Camp of the 135
8	8		th
9	9		, Reeves of the 99
10	10		th
11	11		, and Silcox
12	12		of the 53
13	13		rd
14	14
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile
18	18		1
19	19		code, so as to provide for a child's right to legal representation in legitimation cases; to2
20	20		provide for a child's right to legal representation in permanent guardianship cases; to provide3
21	21		for a right to legal representation for guardians and respondents in dependency proceedings;4
22	22		to provide for the filing of a complaint in exceptional circumstances during removal5
23	23		proceedings; to provide for a right to legal representation for children in foster care; to6
24	24		provide for related matters; to repeal conflicting laws; and for other purposes.7
25	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	26		SECTION 1.9
27	27		Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile10
28	28		code, is amended by adding a new Code section to read as follows:11
29	29		"15-11-11.1.
30	30		12
31	31		A dependent child who is represented by court appointed counsel and who is the subject13
32	32		of a legitimation petition pursuant to Code Section 15-11-11 may be represented by the14
33		-	same appointed counsel in the legitimation matter."15 23 LC 48 0870S~~/AP~~
34		-	H. B. 460
	33	+	same appointed counsel in the legitimation matter."15 23 LC 48 0870S
	34	+	H. B. 460 (SUB)
35	35		- 2 -
36	36		SECTION 2.
37	37		16
38	38		Said chapter is further amended by revising subsection (a) of Code Section 15-11-14, relating17
39	39		to transfers from probate court, as follows:18
40	40		"(a) The court shall hold a hearing within 30 days of receipt of a case transferred from the19
41	41		probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code20
42	42		Section 29-2-8. A child may obtain a court appointed attorney for the hearing to determine
43	43		21
44	44		whether continuation or termination of the temporary guardianship is in the best interests22
45	45		of the child."23
46	46		SECTION 3.24
47	47		Said chapter is further amended by revising subsections (a) and (b) of Code Section25
48	48		15-11-103, relating to right to attorney, as follows:26
49	49		"(a) A child and any custodian or guardian subject to a sworn complaint or affidavit and27
50	50		any other party respondent to a proceeding under this article shall have the right to an28
51	51		attorney at all stages of the proceedings under this article.29
52	52		(b) The court shall appoint an attorney for an alleged dependent child and any child30
53	53		receiving extended care youth services from DFCS at all stages of the proceedings under31
54	54		this article. The appointment shall be made as soon as practicable to ensure adequate32
55	55		representation of such child and, in any event, before the first court hearing that may33
56	56		substantially affect the interests of such child."34
57	57		SECTION 4.35
58	58		Said chapter is further amended by revising subsection (b) of Code Section 15-11-132,36
59	59		relating to verbal custody order, as follows:37
60	60		"(b) When a child is taken into custody under exceptional circumstances, an affidavit or38
61	61		sworn complaint containing the information previously relayed orally, including39
62		-	telephonically, shall be filed with the clerk of the court the next business day, and a written40 23 LC 48 0870S~~/AP~~
63		-	H. B. 460
	62	+	telephonically, shall be filed with the clerk of the court the next business day, and a written40 23 LC 48 0870S
	63	+	H. B. 460 (SUB)
64	64		- 3 -
65	65		order shall be issued if not previously issued. Only when a child is taken into custody41
66	66		under exceptional circumstances can an affidavit or sworn complaint be filed. The written42
67	67		order shall include the court's findings of fact supporting the necessity for such child's43
68	68		removal from the custody of his or her parent, guardian, or legal custodian in order to44
69	69		safeguard such child's welfare and shall designate a child's legal custodian."45
70	70		SECTION 5.46
71	71		Said chapter is further amended by adding a new subsection to Code Section 15-11-340,47
72	72		relating to criteria for receiving services, development of transition plan, and termination, to48
73	73		read as follows:49
74	74		"(f) The trial court may appoint an attorney for a child at all stages of the proceedings50
75	75		under this article with the child's consent. If a child does not have an attorney, a child shall51
76	76		be informed prior to any hearing of their right to have legal representation and shall be52
77	77		given an opportunity to:53
78	78		(1) Obtain an attorney of his or her own choice;54
79	79		(2) Obtain a court appointed attorney in the court's discretion; or55
80	80		(3) Waive the right to an attorney."56
81	81		SECTION 6.57
82	82		All laws and parts of laws in conflict with this Act are repealed.58