23 SB 131/AP
S. B. 131
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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
AS PASSED
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 amend Article 1 of Chapter 97
of Title 19 of the Official Code of Georgia Annotated, relating to general provisions8
regarding child custody proceedings, so as to provide judicial discretion in determining the9
right of a surviving parent to custody of a child when such surviving parent is criminally10
charged with the murder or voluntary manslaughter of the other parent; to amend Code11
Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental12
power lies, how such power lost, and recovery for homicide of child or unborn child, so as13
to provide for the automatic termination of parental rights upon conviction of certain14
offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 23 SB 131/AP
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SECTION 1.
17
Part 13 of Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,18
relating to permanent guardianship, is amended by revising Code Section 15-11-243, relating19
to notice and permanent guardianship hearing, as follows:20
"15-11-243.21
(a) Notice of a guardianship petition pursuant to this part shall be given to a parent of the
22
child who was adjudicated as a dependent child and shall also be given in accordance with23
subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the24
guardianship, notice of the petition shall not be required to be given to:25
(1) The adult siblings of the child who was adjudicated as a dependent child;26
(2) The grandparents of the child who was adjudicated as a dependent child; or27
(3) The nearest adult relatives of the child who was adjudicated as a dependent child as28
determined in accordance with Code Section 53-2-1.29
(b) The A guardianship petition hearing shall be conducted in accordance with Code30
Section 29-2-18 to determine the best interests of the child who was adjudicated as a31
dependent child, and in reaching its determination the court shall consider Code32
Section 15-11-240."33
SECTION 2.34
Said part is further amended by adding new Code sections to read as follows:35
"15-11-243.1.36
(a) The court shall direct the issuance of a summons to the legal mother, legal father,37
biological father, legal custodian, attorney, and guardian ad litem, if any, of the child who38
was adjudicated as a dependent child and any other persons who appear to the court to be39
proper or necessary parties to the proceeding. A copy of such petition shall accompany the40
summons unless the summons is served by publication, in which case the published41 23 SB 131/AP
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summons shall indicate the general nature of the allegations and where a copy of such42
petition can be obtained.43
(b) No service of summons shall be required for any parent whose parental rights have44
been terminated or voluntarily surrendered.45
(c) The court shall direct notice and a copy of the petition be provided to the child named46
in the petition if the child is 14 years of age or older.47
(d) The court may endorse upon the summons an order directing the parent, guardian, or48
legal custodian of the child named in the petition to appear personally at the hearing or49
directing the person having the physical custody or control of such child to bring such child50
to the hearing.51
(e) A party other than the child named in the petition may waive service of summons by52
written stipulation or by voluntary appearance at the hearing.53
15-11-243.2.54
(a) If a party to be served with a summons is within this state and can be found, the55
summons shall be served upon him or her personally as soon as possible and at least 1456
days before the permanent guardianship hearing.57
(b) If a party to be served is within this state and cannot be found, but his or her address58
is known or can be ascertained with due diligence, the summons shall be served upon such59
party at least 14 days before the permanent guardianship hearing by mailing him or her a60
copy by registered or certified mail or statutory overnight delivery, return receipt requested.61
(c) If a party to be served is outside this state but his or her address is known or can be62
ascertained with due diligence, service of the summons shall be made at least 14 days63
before the permanent guardianship hearing either by delivering a copy to such party64
personally or by mailing a copy to him or her by registered or certified mail or statutory65
overnight delivery, return receipt requested.66 23 SB 131/AP
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(d)(1) If, after due diligence, a party to be served with a summons cannot be found and67
such party's address cannot be ascertained whether he or she is within or outside this68
state, the court may order service of the summons upon him or her by publication. The69
permanent guardianship hearing shall not be earlier than 15 days after the date of the last70
publication.71
(2) Service by publication shall be made once a week for two consecutive weeks in the72
legal organ of the county where the petition for permanent guardianship has been filed.73
Service shall be deemed complete upon the date of the last publication.74
(3) When served by publication, the notice shall contain the names of the parties, except75
that the anonymity of a child shall be preserved by the use of appropriate initials, and the76
date the petition for permanent guardianship was filed. The notice shall indicate the77
general nature of the proceedings and where a copy of the petition for permanent78
guardianship can be obtained and require the party to file any objections in accordance79
with paragraph (4) of this subsection.80
(4) The notice shall state that the individual is entitled to object either to the81
establishment of a permanent guardianship or to the selection of the proposed guardian,82
or both. The notice shall require that any objection be filed in writing with the court83
within ten days of the personal service, within 14 days of the mailing of the notice, or84
within ten days of the date of the second publication of the notice.85
(e) Service of the summons may be made by any suitable person under the direction of the86
court.87
15-11-243.3.88
(a) Unless he has surrendered all parental rights to his child, a summons shall be served89
in the same manner as set forth in Code Section 15-11-243.2 on the biological father:90
(1) Whose paternity has been established in a judicial proceeding to which the father was91
a party;92 23 SB 131/AP
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(2) Whose identity is known to the petitioner or the petitioner's attorney;93
(3) Who is a registrant on the putative father registry who has indicated possible94
paternity of the child named in the petition brought pursuant to this article;95
(4) Who is a registrant on the putative father registry who has indicated possible96
paternity of the child named in the petition brought pursuant to this article who was born97
to such child's mother during a period beginning no more than two years immediately98
preceding such child's date of birth; or99
(5) Who, if the court finds from the evidence, including, but not limited to, the affidavit100
of the mother of a child named in the petition brought pursuant to this article, has101
performed any of the following acts:102
(A) Lived with such child;103
(B) Contributed to such child's support;104
(C) Made any attempt to legitimate such child; or105
(D) Provided support or medical care for such mother either during her pregnancy or106
during her hospitalization for the birth of such child.107
(b) The notice shall advise the biological father that he will lose all rights to object to the108
appointment of a permanent guardian for the minor if he does not file an objection with the109
court within 14 days of the notice and file a petition to legitimate the minor within 30 days110
of the hearing on his objection. The notice shall include the name of the individual who111
will be the minor's permanent guardian if the petition is granted.112
(c) If the biological father files a timely objection to the petition, the court shall hear the113
objection and, if the biological father makes a request, shall continue the hearing for 30114
days to allow the father to file a petition to legitimate the minor.115
(d) If the biological father does not file a petition for legitimation within 30 days or files116
a petition that is subsequently dismissed for failure to prosecute or files a petition and the117
action is subsequently concluded without a court order declaring that he is the father of the118 23 SB 131/AP
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minor, the biological father shall have no further rights to receive notice of or object to the119
appointment of a permanent guardian for the minor.120
(e) If the identity of the biological father of the child for whom a permanent guardianship121
is sought is not known to the petitioner or the petitioner's attorney and the biological father122
would not be entitled to notice in accordance with subsection (a) of Code Section123
15-11-243.1, then it shall be rebuttably presumed that he is not entitled to notice of the124
proceedings. The court shall be authorized to require the mother to execute an affidavit125
supporting the presumption or show cause before the court if she refuses. Absent evidence126
rebutting the presumption, no further inquiry or notice shall be required by the court, and127
the biological father shall have no further rights to receive notice of or object to the128
appointment of a permanent guardian for the minor."129
SECTION 3.130
Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental131
power lies, how such power lost, and recovery for homicide of child or unborn child, is132
amended by adding a new paragraph to subsection (b) to read as follows:133
"(7) Upon conviction for the murder or voluntary manslaughter of the other parent of134
such child;135
(8) A superior court order terminating parental rights in an adoption proceeding in136
accordance with Chapter 8 of this title; or137
(8)(9) A superior court order terminating parental rights of the legal father or the138
biological father who is not the legal father of the child in a petition for legitimation, a139
petition to establish paternity, a divorce proceeding, or a custody proceeding pursuant to140
this chapter or Chapter 5, 8, or 9 of this title, provided that such termination is in the best141
interest of such child; and provided, further, that this paragraph shall not apply to such142
termination when a child has been adopted or is conceived by artificial insemination as143 23 SB 131/AP
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set forth in Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2
144
of Chapter 8 of this title."145
SECTION 4.146
Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to147
general provisions regarding child custody proceedings, is amended by revising Code Section148
19-9-2, relating to right of surviving parent to custody of child and discretion of judge, as149
follows:150
"19-9-2.151
Upon the death of either parent, the survivor is entitled to custody of the child; provided,152
however, that the judge, upon petition,
:153
(1) May may exercise discretion as to the custody of the child, looking solely to the154
child's best interest and welfare; and155
(2) In the case of a surviving parent being criminally indicted for the offense of murder156
or voluntary manslaughter of the other parent, can proceed in the court's discretion."157
SECTION 5.158
All laws and parts of laws in conflict with this Act are repealed.159