Georgia 2023-2024 Regular Session

Georgia Senate Bill SB133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 SB 133/AP
2		-	S. B. 133
	1	+	LC 49 1461S
3	2		- 1 -
4		-	Senate Bill 133
5		-	By: Senators Strickland of the 17th, Kirkpatrick of the 32nd, Burns of the 23rd, Dugan of the
6		-	30th, Gooch of the 51st and others
7		-	AS PASSED
	3	+	The House Committee on Rules offers the following substitute to SB 133:
8	4		A BILL TO BE ENTITLED
9	5		AN ACT
10		-	To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the
11		-	1
	6	+	To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the1
12	7		juvenile code, so as to create a uniform process to assume custody of children as a result of2
13	8		disposition orders; to provide for definitions; to provide for reporting requirements; to3
14	9		provide for a hearing; to provide for related matters; to repeal conflicting laws; and for other4
15	10		purposes.5
16	11		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
17	12		SECTION 1.7
18	13		Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile8
19	14		code, is amended by revising paragraph (8) of subsection (b) of Code Section 15-11-442,9
20	15		relating to disposition hearing, time limitations, and disposition of a child in need of services,10
21	16		to read as follows:11
22		-	"(8) Any order authorized for the disposition of a dependent child; provided, however,
23		-	12
	17	+	"(8) Any order authorized for the disposition of a dependent child; provided, however,12
24	18		that the court shall comply with Code Section 15-11-12 for the dual designation of a13
25		-	child;"14 23 SB 133/AP
26		-	S. B. 133
	19	+	child;"14 LC 49 1461S
27	20		- 2 -
28		-	SECTION 2.
29		-	15
	21	+	SECTION 2.15
30	22		Said chapter is further amended by adding a new Code section to read as follows:16
31		-	"15-11-442.1.
32		-	17
	23	+	"15-11-442.1.17
33	24		(a)(1) As used in this Code section, the term 'CHINS' means a child in need of services.18
34	25		(2) Prior to placing a child in the custody of DFCS on a nonemergency basis or in the19
35	26		absence of exceptional circumstances based on evidence adduced at a disposition hearing,20
36	27		the court shall:21
37	28		(A) Comply with Article 3 of Chapter 11 of this title;22
38	29		(B) Consider on the record what services have been provided to the child or his or her23
39	30		parent or guardian;24
40	31		(C) Consider on the record what services are available to the child or his or her parent25
41	32		or guardian which could allow the child to remain in his or her home;26
42	33		(D) Consider on the record what efforts have been made to secure placement of the27
43	34		child other than in the custody of DFCS;28
44	35		(E) Consider on the record whether a child protective services report was made in29
45	36		accordance with paragraph (3) of this subsection and if not, the court shall notify DFCS30
46	37		through the county director, the court liaison, or the attorney representing DFCS by31
47	38		phone or email that the court will be considering placing the child into the custody of32
48	39		DFCS. DFCS shall have an opportunity to be present at the case disposition hearing33
49	40		of the child in need of services to provide information to the court as to the availability34
50	41		of services for the child. Notice to the DFCS county office via, phone, email, or other35
51	42		means shall be considered sufficient; and36
52	43		(F) As used in this paragraph, the term 'consider on the record' means the court's37
53	44		foundational inquiry regarding the possible services available to a dependent child.38
54	45		(3) In any CHINS case in which DJJ or any county operated probation office serving the39
55	46		court determines that there is a reasonable basis to believe that the child is dependent, it40
56		-	shall make a child protective services report to the Statewide Child Protective Services41 23 SB 133/AP
57		-	S. B. 133
	47	+	shall make a child protective services report to the Statewide Child Protective Services41 LC 49 1461S
58	48		- 3 -
59	49		Communication Center (CICC) and shall notify the county director of the DFCS office42
60	50		in the county in which disposition is to be made in the CHINS case.43
61	51		(4) Once a child has been ordered into the custody of DFCS, the court shall comply with44
62	52		Article 3 of Chapter 11 of this title, including conducting a preliminary protective hearing45
63	53		not later than 72 hours after the child is placed in DFCS custody as required by Code46
64	54		Section 15-11-145.47
65	55		(5) All parties to the CHINS case shall provide copies of all medical, psychological, and48
66	56		educational assessments and reports pertaining to the child and the child's parent or49
67	57		guardian in their possession to DFCS no later than 72 hours after a child has been ordered50
68	58		into the custody of DFCS by the court.51
69	59		(A) The court shall make an inquiry as to whether any parties to the CHINS case or52
70	60		court personnel, including the court clerk's file, have either possession of or immediate53
71	61		access to such records. The parties or personnel in possession of such records or with54
72	62		access to such records shall provide copies of all such records to DFCS;55
73	63		(B) Each county DFCS office shall designate at least one county DFCS employee to56
74	64		receive such documents via email; and57
75	65		(C) The court shall also inquire of all parties to the CHINS case as to the existence of58
76	66		assessments, evaluations, and reports pertaining to the child that are not in the59
77	67		possession of the parties. If any such records exist, the court shall immediately order60
78	68		the production of said records to DFCS.61
79	69		(6) Nothing contained in this Code section shall abrogate the authority of the court to62
80	70		order a child into protective custody in accordance with Code Section 15-11-133."63
81	71		SECTION 3.64
82	72		Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section65
83	73		15-11-601, relating to disposition of delinquent act, and by adding a new subsection to read66
84		-	as follows:67 23 SB 133/AP
85		-	S. B. 133
	74	+	as follows:67 LC 49 1461S
86	75		- 4 -
87		-	"(1) Any order authorized for the disposition of a dependent child other than placement
88		-	68
	76	+	"(1) Any order authorized for the disposition of a dependent child other than placement68
89	77		in the temporary custody of DFCS unless such child is also adjudicated as a dependent69
90		-	child in compliance with Code Section 15-11-12 for the dual designation of a child
91		-	;"70
	78	+	child in compliance with Code Section 15-11-12 for the dual designation of a child;"70
92	79		SECTION 4.71
93	80		Said chapter is further amended by adding a new Code section to read as follows:72
94	81		"15-11-601.1.73
95	82		(a)(1) Prior to placing a child in the custody of DFCS on a nonemergency basis or in the74
96	83		absence of exceptional circumstances based on evidence adduced at a disposition hearing,75
97	84		the court shall:76
98	85		(A) Comply with Article 3 of Chapter 11 of this title;77
99	86		(B) Consider on the record what services have been provided to the child or his or her78
100	87		parent or guardian;79
101	88		(C) Consider on the record what efforts have been made to secure placement of the80
102	89		child other than in the custody of DFCS;81
103	90		(D) Consider on the record whether a child protective services report was made in82
104	91		accordance with paragraph (2) of this subsection and if not, the court shall notify DFCS83
105	92		through the county director, the court liaison, or the attorney representing DFCS by84
106	93		phone or email that the court will be considering placing the child into the custody of85
107	94		DFCS. DFCS shall have an opportunity to be present at the delinquency hearing to86
108	95		provide information to the court as to the availability of services for the child. Notice87
109	96		to the DFCS county office via, phone, email, or other means shall be considered88
110	97		sufficient; and89
111	98		(E) As used in this paragraph, the term 'consider on the record' means the court's90
112	99		foundational inquiry regarding the possible services available to a dependent child.91
113	100		(2) In any delinquency case in which DJJ or any county operated probation office92
114		-	serving the court determines that there is a reasonable basis to believe that the child is93 23 SB 133/AP
115		-	S. B. 133
	101	+	serving the court determines that there is a reasonable basis to believe that the child is93 LC 49 1461S
116	102		- 5 -
117	103		dependent, it shall make a child protective services report to the Statewide Child94
118	104		Protective Services Communication Center (CICC) and shall notify the county director95
119	105		of the DFCS office in the county in which disposition is to be made in the delinquency96
120	106		case.97
121	107		(3) Once a child has been ordered into the custody of DFCS, the court shall comply with98
122	108		Article 3 of Chapter 11 of this title ,including conducting a preliminary protective hearing99
123	109		to be held not later than 72 hours after the child is placed in DFCS custody as required100
124	110		by Code Section 15-11-145.101
125	111		(4) All parties to the delinquency case shall provide copies of all medical, psychological,102
126	112		and educational assessments and reports pertaining to the child and the child's parent or103
127	113		guardian in their possession to DFCS no later than 72 hours after a child has been ordered104
128	114		into the custody of DFCS by the court.105
129	115		(A) The court shall make an inquiry as to whether any parties to the delinquency case106
130	116		or court personnel, including the court clerk's file, have either possession of or107
131	117		immediate access to such records. The parties or personnel in possession of such108
132	118		records or with access to such records shall provide copies of all such records to DFCS;109
133	119		(B) Each county DFCS office shall designate at least one county DFCS employee to110
134	120		receive such documents via email; and111
135	121		(C) The court shall also inquire as to the existence of assessments, evaluations, and112
136	122		reports pertaining to the child that are not in the possession of the parties. If any such113
137	123		records exist, the court shall immediately order the production of said records to DFCS.114
138	124		(5) Nothing contained in this Code section shall abrogate the authority of the court to115
139	125		order a child into protective custody in accordance with Code Section 15-11-133."116
140	126		SECTION 5.117
141	127		All laws and parts of laws in conflict with this Act are repealed.118