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Senate Bill 131
By: Senators Tillery of the 19th, Hatchett of the 50th, Dugan of the 30th, Harbin of the 16th,
Cowsert of the 46th and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 13 of Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia
1
Annotated, relating to permanent guardianship, so as to provide for service by publication;2
to update permanent guardianship proceedings; to provide for an exception for parties who3
have terminated their parental rights; to provide for a waiver of service; to provide for notice4
and service of permanent guardianship; to provide for notice of guardianship petition; to5
provide for objection to appointment of guardianship; to provide for a rebuttable presumption6
for nonentitlement to notice in guardianship proceedings; to provide for related matters; to7
repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Part 13 of Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,11
relating to permanent guardianship, is amended by revising Code Section 15-11-243, relating12
to notice and permanent guardianship hearing, as follows:13
"15-11-243.14
(a) Notice of a guardianship petition pursuant to this part shall be given to a parent of the
15
child who was adjudicated as a dependent child and shall also be given in accordance with16 23 LC 48 0817
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subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the17
guardianship, notice of the petition shall not be required to be given to:18
(1) The adult siblings of the child who was adjudicated as a dependent child;19
(2) The grandparents of the child who was adjudicated as a dependent child; or20
(3) The nearest adult relatives of the child who was adjudicated as a dependent child as21
determined in accordance with Code Section 53-2-1.22
(b) The A guardianship petition hearing shall be conducted in accordance with Code23
Section 29-2-18 to determine the best interests of the child who was adjudicated as a24
dependent child, and in reaching its determination the court shall consider Code25
Section 15-11-240."26
SECTION 2.27
Said part is further amended by adding new Code sections to read as follows:28
"15-11-243.1.29
(a) The court shall direct the issuance of a summons to the mother, legal father or30
biological father, legal custodian, attorney, and guardian ad litem, if any, of the child who31
was adjudicated as a dependent child and any other persons who appear to the court to be32
proper or necessary parties to the proceeding. A copy of such petition shall accompany the33
summons unless the summons is served by publication, in which case the published34
summons shall indicate the general nature of the allegations and where a copy of such35
petition can be obtained.36
(b) No service of summons shall be required for any parent whose parental rights have37
been terminated or voluntarily surrendered.38
(c) The court shall direct notice and a copy of the petition be provided to the child named39
in the petition if the child is 14 years of age or older.40
(d) The court may endorse upon the summons an order directing the parent, guardian, or41
legal custodian of the child named in the petition to appear personally at the hearing or42 23 LC 48 0817
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directing the person having the physical custody or control of such child to bring such child43
to the hearing.44
(e) A party other than the child named in the petition may waive service of summons by45
written stipulation or by voluntary appearance at the hearing.46
15-11-243.2.47
(a) If a party to be served with a summons is within this state and can be found, the48
summons shall be served upon him or her personally as soon as possible and at least 1449
days before the permanent guardianship hearing.50
(b) If a party to be served is within this state and cannot be found, but his or her address51
is known or can be ascertained with due diligence, the summons shall be served upon such52
party at least 14 days before the permanent guardianship hearing by mailing him or her a53
copy by registered or certified mail or statutory overnight delivery, return receipt requested.54
(c) If a party to be served is outside this state but his or her address is known or can be55
ascertained with due diligence, service of the summons shall be made at least 14 days56
before the permanent guardianship hearing either by delivering a copy to such party57
personally or by mailing a copy to him or her by registered or certified mail or statutory58
overnight delivery, return receipt requested.59
(d)(1) If, after due diligence, a party to be served with a summons cannot be found and60
such party's address cannot be ascertained whether he or she is within or outside this61
state, the court may order service of the summons upon him or her by publication. The62
permanent guardianship hearing shall not be earlier than 15 days after the date of the last63
publication.64
(2) Service by publication shall be made once a week for two consecutive weeks in the65
legal organ of the county where the petition for permanent guardianship has been filed.66
Service shall be deemed complete upon the date of the last publication.67 23 LC 48 0817
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(3) When served by publication, the notice shall contain the names of the parties, except68
that the anonymity of a child shall be preserved by the use of appropriate initials, and the69
date the petition for permanent guardianship was filed. The notice shall indicate the70
general nature of the proceedings and where a copy of the petition for permanent71
guardianship can be obtained and require the party to file any objections in accordance72
with paragraph (4) of this subsection.73
(4) The notice shall state that the individual is entitled to object either to the74
establishment of a permanent guardianship or to the selection of the proposed guardian,75
or both. The notice shall require that any objection be filed in writing with the court76
within ten days of the personal service, within 14 days of the mailing of the notice, or77
within ten days of the date of the second publication of the notice.78
(e) Service of the summons may be made by any suitable person under the direction of the79
court.80
15-11-243.3.81
(a) Unless he has surrendered all parental rights to his child, a summons shall be served82
in the same manner as set forth in Code Section 15-11-243.2 on the biological father:83
(1) Whose paternity has been established in a judicial proceeding to which the father was84
a party;85
(2) Whose identity is known to the petitioner or the petitioner's attorney;86
(3) Who is a registrant on the putative father registry who has indicated possible87
paternity of the child named in the petition brought pursuant to this article;88
(4) Who is a registrant on the putative father registry who has indicated possible89
paternity of the child named in the petition brought pursuant to this article who was born90
to such child's mother during a period beginning no more than two years immediately91
preceding such child's date of birth; or92 23 LC 48 0817
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(5) Who, if the court finds from the evidence, including, but not limited to, the affidavit93
of the mother of a child named in the petition brought pursuant to this article, has94
performed any of the following acts:95
(A) Lived with such child;96
(B) Contributed to such child's support;97
(C) Made any attempt to legitimate such child; or98
(D) Provided support or medical care for such mother either during her pregnancy or99
during her hospitalization for the birth of such child.100
(b) The notice shall advise the biological father that he will lose all rights to object to the101
appointment of a permanent guardian for the minor if he does not file an objection with the102
court within 14 days of the notice and file a petition to legitimate the minor within 30 days103
of the hearing on his objection. The notice shall include the name of the individual who104
will be the minor's permanent guardian if the petition is granted.105
(c) If the biological father files a timely objection to the petition, the court shall hear the106
objection and, if the biological father makes a request, shall continue the hearing for 30107
days to allow the father to file a petition to legitimate the minor.108
(d) If the biological father does not file a petition for legitimation within 30 days or files109
a petition that is subsequently dismissed for failure to prosecute or files a petition and the110
action is subsequently concluded without a court order declaring that he is the father of the111
minor, the biological father shall have no further rights to receive notice of or object to the112
appointment of a permanent guardian for the minor.113
(e) If the identity of the biological father of the child for whom a permanent guardianship114
is sought is not known to the petitioner or the petitioner's attorney and the biological father115
would not be entitled to notice in accordance with subsection (a) of Code Section116
15-11-243.1, then it shall be rebuttably presumed that he is not entitled to notice of the117
proceedings. The court shall be authorized to require the mother to execute an affidavit118
supporting the presumption or show cause before the court if she refuses. Absent evidence119 23 LC 48 0817
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rebutting the presumption, no further inquiry or notice shall be required by the court, and120
the biological father shall have no further rights to receive notice of or object to the121
appointment of a permanent guardian for the minor."122
SECTION 3.123
All laws and parts of laws in conflict with this Act are repealed.124