Georgia 2023-2024 Regular Session

Georgia Senate Bill SB131 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~SB 131/AP~~
2		-	S. B. 131
	1	+	23 LC 48 0945S
	2	+	S. B. 131 (SUB)
3	3		- 1 -
4		-	Senate Bill 131
5		-	By: Senators Tillery of the 19th, Hatchett of the 50th, Dugan of the 30th, Harbin of the 16th,
6		-	Cowsert of the 46th and others
7		-	AS PASSED
	4	+	The House Committee on Juvenile Justice offers the following substitute to SB 131:
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	To amend Part 13 of Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia
11		-	1
	7	+	To amend Part 13 of Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia1
12	8		Annotated, relating to permanent guardianship, so as to provide for service by publication;2
13	9		to update permanent guardianship proceedings; to provide for an exception for parties who3
14	10		have terminated their parental rights; to provide for a waiver of service; to provide for notice4
15	11		and service of permanent guardianship; to provide for notice of guardianship petition; to5
16	12		provide for objection to appointment of guardianship; to provide for a rebuttable presumption6
17	13		for nonentitlement to notice in guardianship proceedings; to amend Article 1 of Chapter 97
18	14		of Title 19 of the Official Code of Georgia Annotated, relating to general provisions8
19	15		regarding child custody proceedings, so as to provide judicial discretion in determining the9
20	16		right of a surviving parent to custody of a child when such surviving parent is criminally10
21	17		charged with the murder or voluntary manslaughter of the other parent; to amend Code11
22	18		Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental12
23	19		power lies, how such power lost, and recovery for homicide of child or unborn child, so as13
24	20		to provide for the automatic termination of parental rights upon conviction of certain14
25	21		offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.15
26		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 23 ~~SB 131/AP~~
27		-	S. B. 131
	22	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 23 LC 48 0945S
	23	+	S. B. 131 (SUB)
28	24		- 2 -
29		-	SECTION 1.
30		-	17
	25	+	SECTION 1.17
31	26		Part 13 of Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,18
32	27		relating to permanent guardianship, is amended by revising Code Section 15-11-243, relating19
33	28		to notice and permanent guardianship hearing, as follows:20
34	29		"15-11-243.21
35		-	(a) Notice of a guardianship petition pursuant to this part shall be given to a parent of the
36		-	22
	30	+	(a) Notice of a guardianship petition pursuant to this part shall be given to a parent of the22
37	31		child who was adjudicated as a dependent child and shall also be given in accordance with23
38	32		subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the24
39	33		guardianship, notice of the petition shall not be required to be given to:25
40	34		(1) The adult siblings of the child who was adjudicated as a dependent child;26
41	35		(2) The grandparents of the child who was adjudicated as a dependent child; or27
42	36		(3) The nearest adult relatives of the child who was adjudicated as a dependent child as28
43	37		determined in accordance with Code Section 53-2-1.29
44	38		(b) The A guardianship petition hearing shall be conducted in accordance with Code30
45	39		Section 29-2-18 to determine the best interests of the child who was adjudicated as a31
46	40		dependent child, and in reaching its determination the court shall consider Code32
47	41		Section 15-11-240."33
48	42		SECTION 2.34
49	43		Said part is further amended by adding new Code sections to read as follows:35
50	44		"15-11-243.1.36
51	45		(a) The court shall direct the issuance of a summons to the legal mother, legal father,37
52	46		biological father, legal custodian, attorney, and guardian ad litem, if any, of the child who38
53	47		was adjudicated as a dependent child and any other persons who appear to the court to be39
54	48		proper or necessary parties to the proceeding. A copy of such petition shall accompany the40
55		-	summons unless the summons is served by publication, in which case the published41 23 ~~SB 131/AP~~
56		-	S. B. 131
	49	+	summons unless the summons is served by publication, in which case the published41 23 LC 48 0945S
	50	+	S. B. 131 (SUB)
57	51		- 3 -
58	52		summons shall indicate the general nature of the allegations and where a copy of such42
59	53		petition can be obtained.43
60	54		(b) No service of summons shall be required for any parent whose parental rights have44
61	55		been terminated or voluntarily surrendered.45
62	56		(c) The court shall direct notice and a copy of the petition be provided to the child named46
63	57		in the petition if the child is 14 years of age or older.47
64	58		(d) The court may endorse upon the summons an order directing the parent, guardian, or48
65	59		legal custodian of the child named in the petition to appear personally at the hearing or49
66	60		directing the person having the physical custody or control of such child to bring such child50
67	61		to the hearing.51
68	62		(e) A party other than the child named in the petition may waive service of summons by52
69	63		written stipulation or by voluntary appearance at the hearing.53
70	64		15-11-243.2.54
71	65		(a) If a party to be served with a summons is within this state and can be found, the55
72	66		summons shall be served upon him or her personally as soon as possible and at least 1456
73	67		days before the permanent guardianship hearing.57
74	68		(b) If a party to be served is within this state and cannot be found, but his or her address58
75	69		is known or can be ascertained with due diligence, the summons shall be served upon such59
76	70		party at least 14 days before the permanent guardianship hearing by mailing him or her a60
77	71		copy by registered or certified mail or statutory overnight delivery, return receipt requested.61
78	72		(c) If a party to be served is outside this state but his or her address is known or can be62
79	73		ascertained with due diligence, service of the summons shall be made at least 14 days63
80	74		before the permanent guardianship hearing either by delivering a copy to such party64
81	75		personally or by mailing a copy to him or her by registered or certified mail or statutory65
82		-	overnight delivery, return receipt requested.66 23 ~~SB 131/AP~~
83		-	S. B. 131
	76	+	overnight delivery, return receipt requested.66 23 LC 48 0945S
	77	+	S. B. 131 (SUB)
84	78		- 4 -
85	79		(d)(1) If, after due diligence, a party to be served with a summons cannot be found and67
86	80		such party's address cannot be ascertained whether he or she is within or outside this68
87	81		state, the court may order service of the summons upon him or her by publication. The69
88	82		permanent guardianship hearing shall not be earlier than 15 days after the date of the last70
89	83		publication.71
90	84		(2) Service by publication shall be made once a week for two consecutive weeks in the72
91	85		legal organ of the county where the petition for permanent guardianship has been filed.73
92	86		Service shall be deemed complete upon the date of the last publication.74
93	87		(3) When served by publication, the notice shall contain the names of the parties, except75
94	88		that the anonymity of a child shall be preserved by the use of appropriate initials, and the76
95	89		date the petition for permanent guardianship was filed. The notice shall indicate the77
96	90		general nature of the proceedings and where a copy of the petition for permanent78
97	91		guardianship can be obtained and require the party to file any objections in accordance79
98	92		with paragraph (4) of this subsection.80
99	93		(4) The notice shall state that the individual is entitled to object either to the81
100	94		establishment of a permanent guardianship or to the selection of the proposed guardian,82
101	95		or both. The notice shall require that any objection be filed in writing with the court83
102	96		within ten days of the personal service, within 14 days of the mailing of the notice, or84
103	97		within ten days of the date of the second publication of the notice.85
104	98		(e) Service of the summons may be made by any suitable person under the direction of the86
105	99		court.87
106	100		15-11-243.3.88
107	101		(a) Unless he has surrendered all parental rights to his child, a summons shall be served89
108	102		in the same manner as set forth in Code Section 15-11-243.2 on the biological father:90
109	103		(1) Whose paternity has been established in a judicial proceeding to which the father was91
110		-	a party;92 23 ~~SB 131/AP~~
111		-	S. B. 131
	104	+	a party;92 23 LC 48 0945S
	105	+	S. B. 131 (SUB)
112	106		- 5 -
113	107		(2) Whose identity is known to the petitioner or the petitioner's attorney;93
114	108		(3) Who is a registrant on the putative father registry who has indicated possible94
115	109		paternity of the child named in the petition brought pursuant to this article;95
116	110		(4) Who is a registrant on the putative father registry who has indicated possible96
117	111		paternity of the child named in the petition brought pursuant to this article who was born97
118	112		to such child's mother during a period beginning no more than two years immediately98
119	113		preceding such child's date of birth; or99
120	114		(5) Who, if the court finds from the evidence, including, but not limited to, the affidavit100
121	115		of the mother of a child named in the petition brought pursuant to this article, has101
122	116		performed any of the following acts:102
123	117		(A) Lived with such child;103
124	118		(B) Contributed to such child's support;104
125	119		(C) Made any attempt to legitimate such child; or105
126	120		(D) Provided support or medical care for such mother either during her pregnancy or106
127	121		during her hospitalization for the birth of such child.107
128	122		(b) The notice shall advise the biological father that he will lose all rights to object to the108
129	123		appointment of a permanent guardian for the minor if he does not file an objection with the109
130	124		court within 14 days of the notice and file a petition to legitimate the minor within 30 days110
131	125		of the hearing on his objection. The notice shall include the name of the individual who111
132	126		will be the minor's permanent guardian if the petition is granted.112
133	127		(c) If the biological father files a timely objection to the petition, the court shall hear the113
134	128		objection and, if the biological father makes a request, shall continue the hearing for 30114
135	129		days to allow the father to file a petition to legitimate the minor.115
136	130		(d) If the biological father does not file a petition for legitimation within 30 days or files116
137	131		a petition that is subsequently dismissed for failure to prosecute or files a petition and the117
138		-	action is subsequently concluded without a court order declaring that he is the father of the118 23 ~~SB 131/AP~~
139		-	S. B. 131
	132	+	action is subsequently concluded without a court order declaring that he is the father of the118 23 LC 48 0945S
	133	+	S. B. 131 (SUB)
140	134		- 6 -
141	135		minor, the biological father shall have no further rights to receive notice of or object to the119
142	136		appointment of a permanent guardian for the minor.120
143	137		(e) If the identity of the biological father of the child for whom a permanent guardianship121
144	138		is sought is not known to the petitioner or the petitioner's attorney and the biological father122
145	139		would not be entitled to notice in accordance with subsection (a) of Code Section123
146	140		15-11-243.1, then it shall be rebuttably presumed that he is not entitled to notice of the124
147	141		proceedings. The court shall be authorized to require the mother to execute an affidavit125
148	142		supporting the presumption or show cause before the court if she refuses. Absent evidence126
149	143		rebutting the presumption, no further inquiry or notice shall be required by the court, and127
150	144		the biological father shall have no further rights to receive notice of or object to the128
151	145		appointment of a permanent guardian for the minor."129
152	146		SECTION 3.130
153	147		Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental131
154	148		power lies, how such power lost, and recovery for homicide of child or unborn child, is132
155	149		amended by adding a new paragraph to subsection (b) to read as follows:133
156	150		"(7) Upon conviction for the murder or voluntary manslaughter of the other parent of134
157	151		such child;135
158	152		(8) A superior court order terminating parental rights in an adoption proceeding in136
159	153		accordance with Chapter 8 of this title; or137
160	154		(8)(9) A superior court order terminating parental rights of the legal father or the138
161	155		biological father who is not the legal father of the child in a petition for legitimation, a139
162	156		petition to establish paternity, a divorce proceeding, or a custody proceeding pursuant to140
163	157		this chapter or Chapter 5, 8, or 9 of this title, provided that such termination is in the best141
164	158		interest of such child; and provided, further, that this paragraph shall not apply to such142
165		-	termination when a child has been adopted or is conceived by artificial insemination as143 23 ~~SB 131/AP~~
166		-	S. B. 131
	159	+	termination when a child has been adopted or is conceived by artificial insemination as143 23 LC 48 0945S
	160	+	S. B. 131 (SUB)
167	161		- 7 -
168		-	set forth in Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2
169		-	144
	162	+	set forth in Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2144
170	163		of Chapter 8 of this title."145
171	164		SECTION 4.146
172	165		Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to147
173	166		general provisions regarding child custody proceedings, is amended by revising Code Section148
174	167		19-9-2, relating to right of surviving parent to custody of child and discretion of judge, as149
175	168		follows:150
176	169		"19-9-2.151
177	170		Upon the death of either parent, the survivor is entitled to custody of the child; provided,152
178		-	however, that the judge, upon petition,
179		-	:153
	171	+	however, that the judge, upon petition,:153
180	172		(1) May may exercise discretion as to the custody of the child, looking solely to the154
181	173		child's best interest and welfare; and155
182	174		(2) In the case of a surviving parent being criminally indicted for the offense of murder156
183	175		or voluntary manslaughter of the other parent, can proceed in the court's discretion."157
184	176		SECTION 5.158
185	177		All laws and parts of laws in conflict with this Act are repealed.159