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Senate Bill 133
By: Senators Strickland of the 17th, Kirkpatrick of the 32nd, Burns of the 23rd, Dugan of the
30th, Gooch of the 51st and others
AS PASSED
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 create a uniform process to assume custody of children as a result of2
disposition orders; to provide for definitions; to provide for reporting requirements; to3
provide for a hearing; to provide for related matters; to repeal conflicting laws; and for other4
purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile8
code, is amended by revising paragraph (8) of subsection (b) of Code Section 15-11-442,9
relating to disposition hearing, time limitations, and disposition of a child in need of services,10
to read as follows:11
"(8) Any order authorized for the disposition of a dependent child; provided, however,
12
that the court shall comply with Code Section 15-11-12 for the dual designation of a13
child;"14 23 SB 133/AP
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SECTION 2.
15
Said chapter is further amended by adding a new Code section to read as follows:16
"15-11-442.1.
17
(a)(1) As used in this Code section, the term 'CHINS' means a child in need of services.18
(2) Prior to placing a child in the custody of DFCS on a nonemergency basis or in the19
absence of exceptional circumstances based on evidence adduced at a disposition hearing,20
the court shall:21
(A) Comply with Article 3 of Chapter 11 of this title;22
(B) Consider on the record what services have been provided to the child or his or her23
parent or guardian;24
(C) Consider on the record what services are available to the child or his or her parent25
or guardian which could allow the child to remain in his or her home;26
(D) Consider on the record what efforts have been made to secure placement of the27
child other than in the custody of DFCS;28
(E) Consider on the record whether a child protective services report was made in29
accordance with paragraph (3) of this subsection and if not, the court shall notify DFCS30
through the county director, the court liaison, or the attorney representing DFCS by31
phone or email that the court will be considering placing the child into the custody of32
DFCS. DFCS shall have an opportunity to be present at the case disposition hearing33
of the child in need of services to provide information to the court as to the availability34
of services for the child. Notice to the DFCS county office via, phone, email, or other35
means shall be considered sufficient; and36
(F) As used in this paragraph, the term 'consider on the record' means the court's37
foundational inquiry regarding the possible services available to a dependent child.38
(3) In any CHINS case in which DJJ or any county operated probation office serving the39
court determines that there is a reasonable basis to believe that the child is dependent, it40
shall make a child protective services report to the Statewide Child Protective Services41 23 SB 133/AP
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Communication Center (CICC) and shall notify the county director of the DFCS office42
in the county in which disposition is to be made in the CHINS case.43
(4) Once a child has been ordered into the custody of DFCS, the court shall comply with44
Article 3 of Chapter 11 of this title, including conducting a preliminary protective hearing45
not later than 72 hours after the child is placed in DFCS custody as required by Code46
Section 15-11-145.47
(5) All parties to the CHINS case shall provide copies of all medical, psychological, and48
educational assessments and reports pertaining to the child and the child's parent or49
guardian in their possession to DFCS no later than 72 hours after a child has been ordered50
into the custody of DFCS by the court.51
(A) The court shall make an inquiry as to whether any parties to the CHINS case or52
court personnel, including the court clerk's file, have either possession of or immediate53
access to such records. The parties or personnel in possession of such records or with54
access to such records shall provide copies of all such records to DFCS;55
(B) Each county DFCS office shall designate at least one county DFCS employee to56
receive such documents via email; and57
(C) The court shall also inquire of all parties to the CHINS case as to the existence of58
assessments, evaluations, and reports pertaining to the child that are not in the59
possession of the parties. If any such records exist, the court shall immediately order60
the production of said records to DFCS.61
(6) Nothing contained in this Code section shall abrogate the authority of the court to62
order a child into protective custody in accordance with Code Section 15-11-133."63
SECTION 3.64
Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section65
15-11-601, relating to disposition of delinquent act, and by adding a new subsection to read66
as follows:67 23 SB 133/AP
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"(1) Any order authorized for the disposition of a dependent child other than placement
68
in the temporary custody of DFCS unless such child is also adjudicated as a dependent69
child in compliance with Code Section 15-11-12 for the dual designation of a child
;"70
SECTION 4.71
Said chapter is further amended by adding a new Code section to read as follows:72
"15-11-601.1.73
(a)(1) Prior to placing a child in the custody of DFCS on a nonemergency basis or in the74
absence of exceptional circumstances based on evidence adduced at a disposition hearing,75
the court shall:76
(A) Comply with Article 3 of Chapter 11 of this title;77
(B) Consider on the record what services have been provided to the child or his or her78
parent or guardian;79
(C) Consider on the record what efforts have been made to secure placement of the80
child other than in the custody of DFCS;81
(D) Consider on the record whether a child protective services report was made in82
accordance with paragraph (2) of this subsection and if not, the court shall notify DFCS83
through the county director, the court liaison, or the attorney representing DFCS by84
phone or email that the court will be considering placing the child into the custody of85
DFCS. DFCS shall have an opportunity to be present at the delinquency hearing to86
provide information to the court as to the availability of services for the child. Notice87
to the DFCS county office via, phone, email, or other means shall be considered88
sufficient; and89
(E) As used in this paragraph, the term 'consider on the record' means the court's90
foundational inquiry regarding the possible services available to a dependent child.91
(2) In any delinquency case in which DJJ or any county operated probation office92
serving the court determines that there is a reasonable basis to believe that the child is93 23 SB 133/AP
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dependent, it shall make a child protective services report to the Statewide Child94
Protective Services Communication Center (CICC) and shall notify the county director95
of the DFCS office in the county in which disposition is to be made in the delinquency96
case.97
(3) Once a child has been ordered into the custody of DFCS, the court shall comply with98
Article 3 of Chapter 11 of this title ,including conducting a preliminary protective hearing99
to be held not later than 72 hours after the child is placed in DFCS custody as required100
by Code Section 15-11-145.101
(4) All parties to the delinquency case shall provide copies of all medical, psychological,102
and educational assessments and reports pertaining to the child and the child's parent or103
guardian in their possession to DFCS no later than 72 hours after a child has been ordered104
into the custody of DFCS by the court.105
(A) The court shall make an inquiry as to whether any parties to the delinquency case106
or court personnel, including the court clerk's file, have either possession of or107
immediate access to such records. The parties or personnel in possession of such108
records or with access to such records shall provide copies of all such records to DFCS;109
(B) Each county DFCS office shall designate at least one county DFCS employee to110
receive such documents via email; and111
(C) The court shall also inquire as to the existence of assessments, evaluations, and112
reports pertaining to the child that are not in the possession of the parties. If any such113
records exist, the court shall immediately order the production of said records to DFCS.114
(5) Nothing contained in this Code section shall abrogate the authority of the court to115
order a child into protective custody in accordance with Code Section 15-11-133."116
SECTION 5.117
All laws and parts of laws in conflict with this Act are repealed.118