Georgia 2023-2024 Regular Session

Georgia Senate Bill SB230 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 48 1296S
2		-	The House Committee on Juvenile Justice offers the following substitute to SB 230:
	1	+	23 LC 33 9329
	2	+	S. B. 230
	3	+	- 1 -
	4	+	Senate Bill 230
	5	+	By: Senators Brass of the 28th, Echols of the 49th, Gooch of the 51st, Summers of the 13th
	6	+	and Robertson of the 29th
	7	+	AS PASSED SENATE
3	8		A BILL TO BE ENTITLED
4	9		AN ACT
5		-	To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to1
	10	+	To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to
	11	+	1
6	12		programs and protection for children, so as to revise provisions relating to the foster parents2
7	13		bill of rights; to provide for definitions; to provide that such rights include relative caregivers3
8	14		and fictive kin; to provide for the development of administrative procedures; to provide for4
9	15		related matters; to provide for an effective date; to repeal conflicting laws; and for other5
10	16		purposes.6
11	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
12	18		SECTION 1.8
13	19		Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and9
14	20		protection for children, is amended in Code Section 49-5-41, relating to persons and agencies10
15	21		permitted access to records, by adding a new subsection to read as follows:11
16		-	"(h) As used in this Code section, the term 'foster parent' shall have the same meaning as12
17		-	in Code Section 49-5-281."13
18		-	S. B. 230 (SUB)
19		-	- 1 - 24 LC 48 1296S
20		-	SECTION 2.14
	22	+	"(h) As used in this Code section, the term 'foster parent' shall have the same meaning as
	23	+	12
	24	+	in Code Section 49-5-281."13 23 LC 33 9329
	25	+	S. B. 230
	26	+	- 2 -
	27	+	SECTION 2.
	28	+	14
21	29		Said chapter is further amended by revising Code Section 49-5-281, relating to bill of rights15
22		-	for foster parents and ~~grievances for violations~~, as follows:16
	30	+	for foster parents and filing of grievance in event of violation, as follows:16
23	31		"49-5-281.17
24		-	(a) As used in this Code section, the term:18
	32	+	(a) As used in this Code section, the term:
	33	+	18
25	34		(1) 'Certified volunteer advocate' means an individual approved as a volunteer advocate19
26	35		by the Office of the Child Advocate for the Protection of Children.20
27	36		(2) 'Fictive kin' shall have the same meaning as in Code Section 15-11-2.21
28	37		(3) 'Foster parent' means foster parents, relative caregivers, and fictive kin who provide22
29	38		care for children in the custody of the Division of Family and Children Services of the23
30	39		Department of Human Services.24
31	40		(4) 'Reasonable and prudent parent standard' shall have the same meaning as in Code25
32	41		Section 49-5-3.26
33	42		(5) 'Relative caregiver' means a grandparent, great-grandparent, aunt, uncle, great aunt,27
34	43		great uncle, cousin, sibling, stepparent, or step-sibling who has assumed responsibility28
35	44		for raising a child in an informal, noncustodial, or guardianship capacity.29
36	45		(b) The General Assembly finds that foster parents providing care for children who are in30
37	46		the custody of the Department of Human Services play an integral, indispensable, and vital31
38	47		role in the state's effort to care for dependent children displaced from their homes. The32
39	48		General Assembly further finds that it is in the best interest of Georgia's child welfare33
40	49		system to acknowledge foster parents these caregivers as active and participating members34
41	50		of this system and to support them through the following bill of rights for foster parents35
42	51		who care for children in the custody of the Department of Human Services through direct36
43	52		approval and placement by the department:37
44	53		(1) The right to be treated by the Division of Family and Children Services of the38
45		-	Department of Human Services and other partners in the care of abused children with39
46		-	S. B. 230 (SUB)
47		-	- 2 - 24 LC 48 1296S
48		-	dignity, respect, and trust as a primary provider of foster care and a member of the40
49		-	professional team caring for foster children children in foster care;41
	54	+	Department of Human Services and other partners in the care of abused children with39 23 LC 33 9329
	55	+	S. B. 230
	56	+	- 3 -
	57	+	dignity, respect, and trust as a primary provider of foster care and a member of the
	58	+	40
	59	+	professional team caring for foster children
	60	+	children in foster care;41
50	61		(2) The right not to be discriminated against on the basis of religion, race, color, creed,42
51	62		gender, marital status, national origin, age, or physical handicap;43
52	63		(3) The right to continue with his or her own family values and beliefs, so long as the44
53	64		values and beliefs of the foster child and the birth family are not infringed upon and45
54	65		consideration is given to the special needs of children who have experienced trauma and46
55	66		separation from their families. This shall include the right to exercise parental authority47
56	67		within the limits of policies, procedures, and other directions of the Division of Family48
57	68		and Children Services and within the limits of the laws of the State of Georgia;49
58	69		(3.1) The right to use a reasonable and prudent parent standard when determining the50
59	70		ability of a child in foster care to engage in extracurricular, enrichment, cultural, social,51
60		-	or skill-building activities;52
	71	+	or skill-building activities.52
61	72		(4) The right to receive both standardized pre-service training, including training in53
62	73		Division of Family and Children Services policies and procedures and appropriate54
63	74		ongoing training, by the Division of Family and Children Services or the placing55
64	75		child-placing agency at appropriate intervals to meet mutually assessed needs of the child56
65	76		and to improve foster parents' skills and to apprise foster parents of any changes in57
66	77		policies and procedures of the Division of Family and Children Services and any changes58
67	78		in applicable law;59
68	79		(5) The right to be apprised of, and to seek out from independent sources, information,60
69	80		laws, and guidelines on the obligations, responsibilities, and opportunities of foster61
70	81		parenting and to be kept informed of any changes in laws, policies, and procedures62
71	82		regarding foster parenting by the Division of Family and Children Services in a timely63
72	83		manner and at least annually;64
73	84		(6) The right to receive timely financial reimbursement according to the agreement65
74		-	between the foster parents and the Department of Human Services from funds66
75		-	S. B. 230 (SUB)
76		-	- 3 - 24 LC 48 1296S
77		-	appropriated by the General Assembly and to be notified of any costs or expenses for67
	85	+	between the foster parents and the Department of Human Services from funds66 23 LC 33 9329
	86	+	S. B. 230
	87	+	- 4 -
	88	+	appropriated by the General Assembly and to be notified of any costs or expenses for
	89	+	67
78	90		which the foster parent may be eligible for reimbursement;68
79	91		(7) The right to receive information from the Division of Family and Children Services69
80	92		on how to receive services and reach personnel 24 hours per day, seven days per week;70
81	93		(8) The right prior to the placement of a child to be notified of any issues relative to the71
82	94		child that may jeopardize the health and safety of the foster family or the child or alter72
83	95		the manner in which foster care should be administered;73
84	96		(9) The right to discuss information regarding the child prior to placement. The Division74
85	97		of Family and Children Services will provide such information as it becomes available75
86	98		as allowable under state and federal laws;76
87	99		(10) The right to refuse placement of a child in the foster home or to request, upon77
88	100		reasonable notice, the removal of a child from the foster home without fear of reprisal or78
89	101		any adverse effect on being assigned any future foster or adoptive placements;79
90	102		(11) The right to receive any information through the Division of Family and Children80
91	103		Services regarding the number of times a foster child has been moved and the reasons81
92	104		therefor; and to receive the names and phone numbers of the previous foster parents if the82
93	105		previous foster parents have authorized such release and as allowable under state and83
94	106		federal law;84
95	107		(12) The right, at any time during which a child is placed with the foster parent, to85
96	108		receive from the Division of Family and Children Services any and all additional86
97	109		pertinent information relevant to the care of the child;87
98	110		(13) The right to be provided with a written copy of the individual treatment and service88
99		-	plan or case plan created pursuant to Code Section 15-11-201 concerning the child in the89
	111	+	plan or case plan created pursuant to Code Section 15-11-201
	112	+	concerning the child in the89
100	113		foster parent's home and to discuss such plan with the case manager, as well as reasonable90
101		-	notification of any changes to that plan;91
102		-	S. B. 230 (SUB)
103		-	- 4 - 24 LC 48 1296S
104		-	(14) The right to participate in the planning of visitation with the child and the child's92
	114	+	notification of any changes to that plan;91 23 LC 33 9329
	115	+	S. B. 230
	116	+	- 5 -
	117	+	(14) The right to participate in the planning of visitation with the child and the child's
	118	+	92
105	119		biological family with the foster parents recognizing that visitation with his or her93
106	120		biological family is important to the child;94
107	121		(15) The right to participate in the case planning and decision-making process with the95
108	122		Division of Family and Children Services regarding the child as provided in Code Section96
109	123		15-11-201;97
110	124		(16) The right to provide input concerning the plan of services for the child and to have98
111	125		that input considered by the department;99
112	126		(17) The right to communicate for the purpose of participating in the case of the foster100
113	127		child with other professionals who work with such child within the context of the101
114	128		professional team, including, but not limited to, therapists, physicians, and teachers, as102
115	129		allowable under state and federal law;103
116	130		(18) The right to be notified in advance, in writing, by the Division of Family and104
117	131		Children Services or the court of any hearing or review where the case plan or105
118	132		permanency of the child is an issue, including initial and periodic reviews held by the106
119	133		court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel107
120	134		in accordance with Code Section 15-11-217, hearings following revocation of the license108
121	135		of an agency which has permanent custody of a child in accordance with Code Section109
122	136		31-2-6, and permanency plan hearings in accordance with Code Section 15-11-230;110
123	137		(19) The right to be considered, where appropriate, as a preferential placement option111
124	138		when a child who was formerly placed with the foster parents has reentered the foster112
125	139		care system;113
126	140		(20) The right to be considered, where appropriate, as the first choice as a permanent114
127	141		parent or parents for a child who, after 12 months of placement in the foster home, is115
128	142		released for adoption or permanent foster care;116
129	143		(21) The right to be provided a fair and timely investigation of complaints concerning117
130		-	the operation of a foster home;118
131		-	S. B. 230 (SUB)
132		-	- 5 - 24 LC 48 1296S
133		-	(22) The right to an explanation of a corrective action plan or policy violation relating119
134		-	to foster parents; and120
	144	+	the operation of a foster home;118 23 LC 33 9329
	145	+	S. B. 230
	146	+	- 6 -
	147	+	(22) The right to an explanation of a corrective action plan or policy violation relating
	148	+	119
	149	+	to foster parents; and
	150	+	120
135	151		(23) The right, to the extent allowed under state and federal law, to have an advocate121
136	152		present at all portions of investigations of abuse and neglect at which an accused foster122
137	153		parent is present. Child abuse and neglect investigations shall be investigated pursuant123
138	154		to Division of Family and Children Services policies and procedures, and any removal124
139	155		of a foster child shall be conducted pursuant to those policies and procedures. The125
140	156		Division of Family and Children Services will permit volunteers with the Adoptive and126
141	157		Foster Parent Association of Georgia to be educated concerning the procedures relevant127
142	158		to investigations of alleged abuse and neglect and the rights of accused foster parents.128
143	159		After such training, a volunteer will be permitted to serve as an advocate for an accused129
144	160		foster parent. The right to be provided a fair, timely, and impartial investigation of130
145	161		complaints concerning the foster parent's licensure, to be provided the opportunity to131
146	162		have a certified volunteer advocate of the foster parent's choosing present during the132
147	163		investigation, and to be provided due process during the investigation; the right to be133
148	164		provided the opportunity to request and receive mediation or an administrative review of134
149	165		decisions that affect licensing parameters, or both mediation and an administrative135
150	166		review; and the right to have decisions concerning a licensing corrective action plan136
151	167		specifically explained and cited to the licensing standards violated. All communication137
152	168		received by the certified volunteer advocate in this capacity shall be strictly confidential.;138
153	169		(24) The right to request that a certified volunteer advocate be present at all meetings139
154	170		with the department where the foster parent is present, including, but not limited to,140
155	171		individual treatment and service planning, administrative hearings, the grievance and141
156	172		mediation process, the adoption process, and any meetings relating to an allegation142
157	173		process. All communication received by the certified volunteer advocate in this capacity143
158		-	shall be strictly confidential;144
159		-	S. B. 230 ~~(SUB)~~
160		-	- ~~6 - 24 LC 48 1296S~~
	174	+	shall be strictly confidential;144 23 LC 33 9329
	175	+	S. B. 230
	176	+	- 7 -
161	177		(25) The right to be free from retaliation or discrimination based upon the filing of any145
162	178		complaint or grievance with the Division of Family and Children Services; and146
163	179		(26) The right to seek and obtain independent legal advice and counsel regarding the147
164	180		foster parent's status.148
165	181		(b)(c) This bill of rights shall be given full consideration when Division of Family and149
166	182		Children Services policies regarding foster care and adoptive placement are developed.150
167	183		(c)(d) Foster parents who care for children in the custody of the Department of Human151
168	184		Services through direct approval and placement by the department shall have the right to152
169	185		file a grievance in response to any violation of this article, which shall be such foster153
170	186		parents' exclusive administrative remedy for any violation of this article. The Division of154
171	187		Family and Children Services and the Office of the Child Advocate for the Protection of155
172	188		Children, along with an advisory committee comprised in part of representatives from the156
173	189		Adoptive and Foster Parent Association of Georgia, who provide private placements foster157
174	190		parent advocacy organizations will develop a grievance procedure, including a mediation158
175	191		procedure and an administrative procedure, to be published in departmental policy manuals159
176		-	and the Foster Parent Handbook no later than July 1, 2005 ~~2024~~.160
	192	+	and the Foster Parent Handbook no later than July 1, 2005 2023.160
177	193		(d)(e) The General Assembly further finds that it is also in the best interest of Georgia's161
178	194		child welfare system for the Division of Family and Children Services of the Department162
179	195		of Human Services to recognize the bill of rights, with reasonable modifications made to163
180	196		adapt the provisions as required to make them applicable to private agencies, by164
181	197		incorporating them into contracts with private agencies serving children in the custody of165
182	198		the Department of Human Services. The Department of Human Services shall, by contract,166
183	199		require that providers, with whom it contracts for the placement of children in its custody,167
184	200		give full consideration to the rights in subsection (a) (b) of this Code section in developing168
185	201		their policies, practices, and procedures regarding foster care and adoptive placement. The169
186	202		department shall provide information needed by the contractors to meet the requirements170
187		-	of this subsection in a timely manner.171
188		-	S. B. 230 ~~(SUB)~~
189		-	- ~~7 - 24 LC 48 1296S~~
	203	+	of this subsection in a timely manner.171 23 LC 33 9329
	204	+	S. B. 230
	205	+	- 8 -
190	206		(e)(f) The Department of Human Services, in consultation with appropriate provider172
191	207		associations and the Adoptive and Foster Parent Association of Georgia foster parent173
192	208		advocacy organizations, shall develop a grievance procedure for dealing with any174
193	209		grievances their foster parents have in response to any violation of this article, no later than175
194		-	July 1, 2007 ~~2024~~. The department shall enforce this provision through policies and176
	210	+	July 1, 2007 2023. The department shall enforce this provision through policies and176
195	211		procedures and through its contracts with providers."177
196	212		SECTION 3.178
197	213		This Act shall become effective upon its approval by the Governor or upon its becoming law179
198	214		without such approval.180
199	215		SECTION 4.181
200	216		All laws and parts of laws in conflict with this Act are repealed.182
201		-	S. B. 230 (SUB)
202		-	- 8 -