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