| 1 | 1 | | 23 LC 55 0041 |
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| 2 | 2 | | H. B. 603 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 603 |
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| 5 | 5 | | By: Representatives Wiedower of the 121 |
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| 6 | 6 | | st |
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| 7 | 7 | | and Gaines of the 120 |
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| 8 | 8 | | th |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the |
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| 13 | 13 | | 1 |
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| 14 | 14 | | Juvenile Code, so as to expedite and prioritize processes for the termination of parental rights2 |
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| 15 | 15 | | in certain cases involving parental incapacity and child maltreatment; to revise and to provide3 |
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| 16 | 16 | | for definitions; to revise circumstances for when reasonable efforts by DFCS are not4 |
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| 17 | 17 | | required; to revise requirements for nonreunification hearings; to update a cross-reference;5 |
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| 18 | 18 | | to provide for legislative findings; to provide for related matters; to provide for an effective6 |
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| 19 | 19 | | date; to provide for applicability; to repeal conflicting laws; and for other purposes.7 |
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| 20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 21 | 21 | | SECTION 1.9 |
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| 22 | 22 | | The General Assembly finds that although the efforts of this state's child welfare10 |
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| 23 | 23 | | professionals to engage with families and resolve issues of maltreatment through the use of11 |
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| 24 | 24 | | appropriate services are proper and fit, there are certain situations in which the child's right12 |
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| 25 | 25 | | to grow and thrive in a safe, loving environment and to be cared for by a responsible,13 |
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| 26 | 26 | | trustworthy adult must take precedence. The General Assembly therefore finds it necessary,14 |
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| 27 | 27 | | in appropriate situations, to expedite safe, stable, and permanent placement with relatives or15 23 LC 55 0041 |
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| 28 | 28 | | H. B. 603 |
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| 29 | 29 | | - 2 - |
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| 30 | 30 | | adoptive families for those children who have suffered significant and chronic abuse at the |
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| 31 | 31 | | 16 |
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| 32 | 32 | | hands of a parent.17 |
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| 33 | 33 | | SECTION 2.18 |
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| 34 | 34 | | Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile19 |
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| 35 | 35 | | Code, is amended by revising paragraphs (1) and (5) of Code Section 15-11-2, relating to20 |
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| 36 | 36 | | definitions, as follows:21 |
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| 37 | 37 | | "(1) 'Abandonment' or 'abandoned' means any conduct on the part of a parent, guardian,22 |
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| 38 | 38 | | or legal custodian showing an intent to forgo parental duties or relinquish parental claims.23 |
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| 39 | 39 | | Intent to forgo parental duties or relinquish parental claims may be evidenced by:24 |
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| 40 | 40 | | (A) Failure, for a period of at least six months, to communicate meaningfully with a25 |
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| 41 | 41 | | child;26 |
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| 42 | 42 | | (B) Failure, for a period of at least six months, to maintain regular visitation with a27 |
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| 43 | 43 | | child;28 |
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| 44 | 44 | | (C) Leaving a child with another person without provision for his or her support for a29 |
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| 45 | 45 | | period of at least six months;30 |
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| 46 | 46 | | (D) Failure, for a period of at least six months, to participate in |
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| 47 | 47 | | fully comply with any31 |
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| 48 | 48 | | court ordered plan or program designed to reunite a child's parent, guardian, or legal32 |
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| 49 | 49 | | custodian with his or her child;33 |
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| 50 | 50 | | (E) Leaving a child without affording means of identifying such child or his or her34 |
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| 51 | 51 | | parent, guardian, or legal custodian and:35 |
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| 52 | 52 | | (i) The identity of such child's parent, guardian, or legal custodian cannot be36 |
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| 53 | 53 | | ascertained despite diligent searching; and37 |
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| 54 | 54 | | (ii) A parent, guardian, or legal custodian has not come forward to claim such child38 |
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| 55 | 55 | | within three months following the finding of such child;39 |
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| 56 | 56 | | (F) Being absent from the home of his or her child for a period of time that creates a40 |
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| 57 | 57 | | substantial risk of serious harm to a child left in the home;41 23 LC 55 0041 |
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| 58 | 58 | | H. B. 603 |
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| 59 | 59 | | - 3 - |
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| 60 | 60 | | (G) Failure to respond, for a period of at least six months, to notice of child protective |
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| 61 | 61 | | 42 |
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| 62 | 62 | | proceedings; or43 |
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| 63 | 63 | | (H) Any other conduct indicating an intent to forgo parental duties or relinquish44 |
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| 64 | 64 | | parental claims."45 |
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| 65 | 65 | | "(5) 'Aggravated circumstances' means the parent has:46 |
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| 66 | 66 | | (A) Abandoned a child;47 |
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| 67 | 67 | | (B) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary48 |
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| 68 | 68 | | manslaughter of another child of such parent;49 |
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| 69 | 69 | | (C) Subjected a child or his or her sibling to torture, chronic abuse or neglect |
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| 70 | 70 | | , sexual50 |
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| 71 | 71 | | abuse, or sexual exploitation;51 |
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| 72 | 72 | | (D) Committed the murder or voluntary manslaughter of his or her child's other parent52 |
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| 73 | 73 | | or has been convicted of aiding or abetting, attempting, conspiring, or soliciting the53 |
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| 74 | 74 | | murder or voluntary manslaughter of his or her child's other parent;54 |
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| 75 | 75 | | (E) Committed the murder or voluntary manslaughter of another child of such parent;55 |
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| 76 | 76 | | (F) Committed an assault that resulted in serious bodily injury to his or her child or56 |
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| 77 | 77 | | another child of such parent; or57 |
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| 78 | 78 | | (G) Caused his child to be conceived as a result of having nonconsensual sexual58 |
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| 79 | 79 | | intercourse with the mother of his child or when the mother is less than ten years of age;59 |
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| 80 | 80 | | or60 |
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| 81 | 81 | | (H) Subjected a child to prenatal abuse involving alcohol or illegal drugs, where the61 |
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| 82 | 82 | | parent has a history of chronic unrehabilitated substance abuse and the court finds such62 |
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| 83 | 83 | | substance abuse is likely to continue and will not likely be remedied in the reasonably63 |
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| 84 | 84 | | foreseeable future."64 |
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| 85 | 85 | | SECTION 3.65 |
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| 86 | 86 | | Said chapter is further amended by revising paragraph (14) of subsection (b) of Code66 |
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| 87 | 87 | | Section 15-11-201, relating to DFCS case plan and contents, as follows:67 23 LC 55 0041 |
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| 88 | 88 | | H. B. 603 |
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| 89 | 89 | | - 4 - |
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| 90 | 90 | | "(14) A recommendation for a permanency plan for such child. If, after considering |
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| 91 | 91 | | 68 |
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| 92 | 92 | | reunification, adoptive placement, permanent guardianship, or placement with a fit and69 |
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| 93 | 93 | | willing relative, DFCS recommends placement in another planned permanent living70 |
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| 94 | 94 | | arrangement for a child who has attained the age of 16, the case plan shall include:71 |
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| 95 | 95 | | (A) Documentation of a compelling reason or reasons why reunification, termination72 |
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| 96 | 96 | | of parental rights and adoption, permanent guardianship, or placement with a fit and73 |
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| 97 | 97 | | willing relative are not in the child's best interests; 74 |
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| 98 | 98 | | (B) Documentation of the intensive, ongoing, and unsuccessful efforts made by the75 |
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| 99 | 99 | | state agency to return the child home or secure a placement for the child with a fit and76 |
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| 100 | 100 | | willing relative, a legal guardian, or an adoptive parent, including through efforts that77 |
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| 101 | 101 | | utilize search technology, including social media, to find biological family members for78 |
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| 102 | 102 | | the child; and79 |
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| 103 | 103 | | (C) Documentation of the steps the state agency is taking to ensure that the child's80 |
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| 104 | 104 | | foster family home or child care institution is following the reasonable and prudent81 |
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| 105 | 105 | | parent standard, as defined in Code Section 49-5-3, and documentation that the child82 |
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| 106 | 106 | | has regular, ongoing opportunities to engage in age or developmentally appropriate83 |
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| 107 | 107 | | activities, as defined in Code Section 49-5-3, including by consulting with the child in84 |
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| 108 | 108 | | an age-appropriate manner about the opportunities of the child to participate in the85 |
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| 109 | 109 | | activities.86 |
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| 110 | 110 | | For purposes of this paragraph, a 'compelling reason' shall have the same meaning as in87 |
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| 111 | 111 | | paragraph (2) of subsection (b) |
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| 112 | 112 | | (c) of Code Section 15-11-233."88 |
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| 113 | 113 | | SECTION 4.89 |
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| 114 | 114 | | Said chapter is further amended by revising Code Section 15-11-203, relating to when 90 |
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| 115 | 115 | | reasonable efforts by DFCS not required, as follows:91 23 LC 55 0041 |
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| 116 | 116 | | H. B. 603 |
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| 117 | 117 | | - 5 - |
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| 118 | 118 | | "15-11-203. |
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| 119 | 119 | | 92 |
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| 120 | 120 | | (a) The court may direct that reasonable efforts to eliminate the need for placement of an93 |
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| 121 | 121 | | alleged dependent child shall not be |
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| 122 | 122 | | are not required or and shall cease if the court94 |
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| 123 | 123 | | determines and makes written findings of fact that a parent of an alleged dependent child:95 |
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| 124 | 124 | | (1) Has subjected his or her child to aggravated circumstances;96 |
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| 125 | 125 | | (2) Has been convicted of the murder or murder in the second degree of another child of97 |
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| 126 | 126 | | such parent;98 |
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| 127 | 127 | | (3) Has been convicted of the voluntary manslaughter of another child of such parent;99 |
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| 128 | 128 | | (4) Has been convicted of aiding or abetting, attempting, conspiring, or soliciting to100 |
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| 129 | 129 | | commit murder or voluntary manslaughter of another child of such parent;101 |
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| 130 | 130 | | (5) Has been convicted of committing a felony assault that results in serious bodily102 |
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| 131 | 131 | | injury to the child or another child of such parent;103 |
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| 132 | 132 | | (6) Has been convicted of rape, sodomy, aggravated sodomy, child molestation,104 |
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| 133 | 133 | | aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the105 |
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| 134 | 134 | | alleged dependent child or another child of the parent;106 |
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| 135 | 135 | | (7) Is required to register as a sex offender and that preservation of a parent-child107 |
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| 136 | 136 | | relationship is not in the alleged dependent child's best interests; or108 |
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| 137 | 137 | | (8) Has had his or her rights to a sibling of the alleged dependent child terminated109 |
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| 138 | 138 | | involuntarily and the circumstances leading to such termination of parental rights to that110 |
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| 139 | 139 | | sibling have not been resolved.111 |
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| 140 | 140 | | (b) In any case in which the court finds by clear and convincing evidence that any of the112 |
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| 141 | 141 | | circumstances enumerated in subsection (a) of this Code section exist, the court shall113 |
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| 142 | 142 | | presume that reunification efforts should not be made by DFCS and that the case should114 |
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| 143 | 143 | | proceed immediately to termination of parental rights, guardianship, or other permanency115 |
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| 144 | 144 | | plan not involving reunification. To overcome such presumption, a parent may present116 |
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| 145 | 145 | | evidence that:117 23 LC 55 0041 |
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| 146 | 146 | | H. B. 603 |
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| 147 | 147 | | - 6 - |
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| 148 | 148 | | (1) Such conduct was an aberration and not consistent with the parent's history and118 |
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| 149 | 149 | | overall capacity to care for the child in an appropriate manner; and119 |
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| 150 | 150 | | (2) The parent has fully addressed any issues that caused his or her conduct to the extent120 |
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| 151 | 151 | | that the court finds the parent to be rehabilitated and unlikely to repeat any instances of121 |
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| 152 | 152 | | maltreatment toward the child in question.122 |
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| 153 | 153 | | (b)(c) For each hearing, DFCS shall report to all parties and the court in writing whether123 |
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| 154 | 154 | | there are reasonable grounds to believe one or more of the circumstances enumerated in124 |
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| 155 | 155 | | subsection (a) of this Code section exist. If the court determines finds that one or more of125 |
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| 156 | 156 | | the circumstances enumerated in subsection (a) of this Code section exist or if DFCS has126 |
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| 157 | 157 | | submitted a written report to the court which does not contain a plan for reunification127 |
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| 158 | 158 | | services, the court shall within 30 days hold a nonreunification hearing pursuant to Code128 |
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| 159 | 159 | | Section 15-11-204 to determine whether reunification services should be provided then:129 |
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| 160 | 160 | | (1) A permanency plan hearing shall be held for a child adjudicated as a dependent child130 |
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| 161 | 161 | | within 30 days; and131 |
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| 162 | 162 | | (2) Reasonable efforts shall be made to place a child adjudicated as a dependent child in132 |
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| 163 | 163 | | a timely manner in accordance with the permanency plan and to complete whatever steps133 |
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| 164 | 164 | | are necessary to finalize the permanent placement of such child."134 |
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| 165 | 165 | | SECTION 5.135 |
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| 166 | 166 | | Said chapter is further amended by revising Code Section 15-11-204, relating to136 |
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| 167 | 167 | | nonreunification hearing, as follows:137 |
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| 168 | 168 | | "15-11-204.138 |
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| 169 | 169 | | (a) If the DFCS report does not contain a plan for reunification services, Whenever the139 |
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| 170 | 170 | | court finds reasonable grounds to believe one or more of the circumstances enumerated in140 |
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| 171 | 171 | | subsection (a) of Code Section 15-11-203 exist or whenever the DFCS report does not141 |
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| 172 | 172 | | contain a plan for reunification services, the court shall hold a nonreunification hearing to142 23 LC 55 0041 |
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| 173 | 173 | | H. B. 603 |
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| 174 | 174 | | - 7 - |
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| 175 | 175 | | review the report and the determination that a plan for reunification services is not |
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| 176 | 176 | | 143 |
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| 177 | 177 | | appropriate.144 |
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| 178 | 178 | | (b) The nonreunification hearing shall be held no later than 30 days from the time the145 |
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| 179 | 179 | | DFCS report is filed or the court finds that a reasonable ground for nonreunification exists |
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| 180 | 180 | | .146 |
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| 181 | 181 | | Notice of the nonreunification hearing shall be provided, by summons, to the child147 |
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| 182 | 182 | | adjudicated as a dependent child if he or she is 14 years of age or older,; his or her parent,148 |
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| 183 | 183 | | guardian, or legal custodian, attorney, or guardian ad litem, if any,; and specified149 |
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| 184 | 184 | | nonparties entitled to notice.150 |
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| 185 | 185 | | (c) At the nonreunification hearing:151 |
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| 186 | 186 | | (1) DFCS shall notify the court whether and when it intends to proceed with termination152 |
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| 187 | 187 | | of parental rights; and153 |
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| 188 | 188 | | (2) The court shall also hold a permanency plan hearing, at which the court shall154 |
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| 189 | 189 | | consider in-state and out-of-state permanent placement options for the child adjudicated155 |
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| 190 | 190 | | as a dependent child and shall incorporate a permanency plan for such child in its order.156 |
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| 191 | 191 | | (d) DFCS shall have the burden of demonstrating by clear and convincing evidence that157 |
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| 192 | 192 | | a reunification plan is not appropriate considering the health and safety of the child158 |
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| 193 | 193 | | adjudicated as a dependent child and such child's need for permanence. There shall be a159 |
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| 194 | 194 | | presumption that reunification is detrimental to a child adjudicated as a dependent child and160 |
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| 195 | 195 | | reunification services should not be provided if the court finds by clear and convincing161 |
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| 196 | 196 | | evidence that:162 |
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| 197 | 197 | | (1) Such child's parent has unjustifiably failed to comply with a previously ordered plan163 |
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| 198 | 198 | | designed to reunite the family;164 |
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| 199 | 199 | | (2) An alleged dependent child has been removed from his or her home on at least two165 |
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| 200 | 200 | | previous occasions and reunification services were made available on those occasions;166 |
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| 201 | 201 | | (3) A ground for terminating parental rights exists; or167 |
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| 202 | 202 | | (4) Any of the circumstances set out in subsection (a) of Code Section 15-11-203 exist,168 |
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| 203 | 203 | | making it unnecessary to provide reasonable efforts to reunify.169 23 LC 55 0041 |
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| 204 | 204 | | H. B. 603 |
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| 205 | 205 | | - 8 - |
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| 206 | 206 | | (e) If the court has entered an order finding that reasonable efforts to reunify a child |
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| 207 | 207 | | 170 |
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| 208 | 208 | | adjudicated as a dependent child with his or her family are not required but the court finds171 |
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| 209 | 209 | | further that referral for termination of parental rights and adoption is not in the best172 |
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| 210 | 210 | | interests of such child, the court may, upon proper petition, place such child in the custody173 |
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| 211 | 211 | | of a permanent guardian pursuant to the provisions of this article."174 |
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| 212 | 212 | | SECTION 6.175 |
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| 213 | 213 | | Said chapter is further amended by revising Code Section 15-11-233, relating to termination176 |
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| 214 | 214 | | of parental rights and exceptions, as follows:177 |
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| 215 | 215 | | "15-11-233.178 |
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| 216 | 216 | | (a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to179 |
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| 217 | 217 | | terminate the parental rights of a parent of a child adjudicated as a dependent child or, if180 |
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| 218 | 218 | | such a petition has been filed by another party, seek to be joined as a party to the petition,181 |
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| 219 | 219 | | and, concurrently, to identify, recruit, process, and approve a qualified family for an182 |
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| 220 | 220 | | adoption if:183 |
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| 221 | 221 | | (1) A child adjudicated as a dependent child has been in foster care under the184 |
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| 222 | 222 | | responsibility of DFCS for 15 of the most recent 22 months;185 |
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| 223 | 223 | | (2) The court has made a determination that the parent has subjected his or her child to186 |
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| 224 | 224 | | aggravated circumstances; or187 |
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| 225 | 225 | | (3) The court has made a determination that the parent of a child adjudicated as a188 |
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| 226 | 226 | | dependent child has been convicted of:189 |
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| 227 | 227 | | (A) The murder of another child of such parent;190 |
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| 228 | 228 | | (B) Murder in the second degree of another child of such parent;191 |
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| 229 | 229 | | (C) Voluntary manslaughter of another child of such parent;192 |
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| 230 | 230 | | (D) Voluntary manslaughter of the other parent of such child;193 |
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| 231 | 231 | | (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or194 |
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| 232 | 232 | | voluntary manslaughter of another child of such parent;195 23 LC 55 0041 |
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| 233 | 233 | | H. B. 603 |
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| 234 | 234 | | - 9 - |
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| 235 | 235 | | (F) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or |
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| 236 | 236 | | 196 |
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| 237 | 237 | | voluntary manslaughter of the other parent of such child; or197 |
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| 238 | 238 | | (G) Committing felony assault that has resulted in serious bodily injury to such child198 |
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| 239 | 239 | | or to another child of such parent.199 |
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| 240 | 240 | | (b) The petition required by subsection (a) of this Code section shall be filed within 30 |
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| 241 | 241 | | 200 |
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| 242 | 242 | | days of a determination by the court that:201 |
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| 243 | 243 | | (1) Any of the circumstances enumerated in paragraphs (1) through (3) of subsection (a)202 |
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| 244 | 244 | | of this Code section exist;203 |
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| 245 | 245 | | (2) DFCS is not required to provide reunification services pursuant to Code204 |
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| 246 | 246 | | Section 15-11-203; or205 |
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| 247 | 247 | | (3) A parent has voluntarily surrendered his or her parental rights.206 |
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| 248 | 248 | | (b)(c) Termination of parental rights may not be in the best interests of a child adjudicated207 |
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| 249 | 249 | | as a dependent child when:208 |
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| 250 | 250 | | (1) Such child is being cared for by his or her relative;209 |
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| 251 | 251 | | (2) The case plan documents a compelling reason for determining that filing such a210 |
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| 252 | 252 | | petition would not be in the best interests of such child. Such compelling reasons may211 |
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| 253 | 253 | | include, but shall not be limited to:212 |
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| 254 | 254 | | (A) A parent of such child is successfully participating in services that will make it213 |
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| 255 | 255 | | possible for his or her child to safely return home;214 |
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| 256 | 256 | | (B) Another permanency plan is better suited to meet the health and safety needs of215 |
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| 257 | 257 | | such child. Documentation that another permanent plan is better suited to meet the216 |
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| 258 | 258 | | health and safety needs of such child may include documentation that:217 |
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| 259 | 259 | | (i) Such child is 14 years of age or older and objects to termination of parental rights.218 |
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| 260 | 260 | | Prior to accepting a child's objection, the court shall personally question such child219 |
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| 261 | 261 | | in chambers to determine whether the objection is a voluntary and knowing choice;220 |
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| 262 | 262 | | (ii) Such child is 16 years of age or older and specifically requests that emancipation221 |
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| 263 | 263 | | be established as his or her permanent plan;222 23 LC 55 0041 |
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| 264 | 264 | | H. B. 603 |
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| 265 | 265 | | - 10 - |
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| 266 | 266 | | (iii) The parent of such child and such child have a significant bond, but such parent |
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| 267 | 267 | | 223 |
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| 268 | 268 | | is unable to care for such child because of an emotional or physical disability and224 |
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| 269 | 269 | | such child's caregiver has committed to raising such child to the age of majority and225 |
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| 270 | 270 | | facilitating visitation with such disabled parent; or226 |
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| 271 | 271 | | (iv) Such child is in a residential treatment facility that provides services specifically227 |
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| 272 | 272 | | designed to address his or her treatment needs and the court determines that his or her228 |
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| 273 | 273 | | needs could not be served by a less restrictive placement;229 |
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| 274 | 274 | | (C) Such child is living with his or her relative who is unable or unwilling to adopt230 |
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| 275 | 275 | | such child, but who is willing and capable of providing such child with a stable and231 |
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| 276 | 276 | | permanent home environment and the removal of such child from the physical custody232 |
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| 277 | 277 | | of his or her relative would be detrimental to such child's emotional well-being;233 |
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| 278 | 278 | | (D) The court or judicial citizen review panel, in a prior hearing or review, determined234 |
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| 279 | 279 | | that while the case plan was to reunify the family, DFCS did not make reasonable235 |
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| 280 | 280 | | efforts; or236 |
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| 281 | 281 | | (E) Such child is an unaccompanied refugee or there are international legal obligations237 |
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| 282 | 282 | | or foreign policy reasons that would preclude terminating parental rights; or238 |
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| 283 | 283 | | (3) DFCS has not provided to the family of such child services deemed necessary for his239 |
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| 284 | 284 | | or her safe return to his or her home, consistent with the specific time frames for the240 |
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| 285 | 285 | | accomplishment of the case plan goals.241 |
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| 286 | 286 | | (c) |
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| 287 | 287 | | (d) The recommendation by DFCS that termination of parental rights is not in the best242 |
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| 288 | 288 | | interests of a child shall be based on the present family circumstances of such child and243 |
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| 289 | 289 | | shall not preclude a different recommendation at a later date if the family circumstances244 |
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| 290 | 290 | | of a child adjudicated as a dependent child change."245 23 LC 55 0041 |
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| 291 | 291 | | H. B. 603 |
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| 292 | 292 | | - 11 - |
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| 293 | 293 | | SECTION 7. |
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| 294 | 294 | | 246 |
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| 295 | 295 | | This Act shall become effective upon its approval by the Governor or upon its becoming law247 |
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| 296 | 296 | | without such approval and shall apply to all dependency and termination of parental rights248 |
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| 297 | 297 | | cases currently pending, and all such cases later filed, in the juvenile court.249 |
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| 298 | 298 | | SECTION 8.250 |
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| 299 | 299 | | All laws and parts of laws in conflict with this Act are repealed.251 |
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