24 LC 52 0375
Senate Bill 376
By: Senators Tillery of the 19th, Kirkpatrick of the 32nd, Burns of the 23rd, Payne of the
54th, Strickland of the 17th and others
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 clarify requirements of parents, DFCS, and court in order to improve2
timely permanent placement of a child removed from their home; to provide for the diligent3
search and timely evaluation of a relative with an active and present interest in providing a4
permanent home for such child; to provide that, at a periodic review hearing, a court shall5
determine whether the parent has made substantial progress toward completion of the case6
plan; to provide that a court shall timely review and adopt any revised case plans; to provide7
that a court shall include certain information in its written findings of fact after a periodic8
review hearing; to provide that a court shall include certain information in its written findings9
of fact at a permanency plan hearing; to provide that termination of parental rights may not10
be in the best interests of a child when such child is being cared for by a relative that intends11
to be a permanent placement for such child; to provide for a hearing to be held prior to a12
dependent child's fifteenth month in foster care to review a determination of the Division of13
Family and Children Services of the Department of Human Services not to petition to14
terminate parental rights; to provide for related matters; to provide for an effective date and15
applicability; to repeal conflicting laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
SECTION 1.18
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Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile
19
Code, is amended by revising Code Section 15-11-211, relating to relative search by DFCS,20
as follows:21
"15-11-211.22
(a) A diligent search shall be initiated at the outset of a case under this article and shall be23
conducted throughout the duration of a case, when appropriate.24
(b) A diligent search shall include at a minimum:25
(1) Interviews with the child's parent during the course of an investigation, while child26
protective services are provided, and while such child is in care;27
(2) Interviews with the child;28
(3) Interviews with identified relatives throughout the case;29
(4) Interviews with any other person who is likely to have information about the identity30
or location of the person being sought;31
(5) Comprehensive searches of data bases available to DFCS including, but not limited32
to, searches of employment, residence, utilities, vehicle registration, child support33
enforcement, law enforcement, corrections records, and any other records likely to result34
in identifying and locating the person being sought;35
(6) Appropriate inquiry during the course of hearings in the case; and36
(7) Any other reasonable means that are likely to identify relatives or other persons who37
have demonstrated an ongoing commitment to the child.38
(c) All adult relatives of the alleged dependent child identified in a diligent search required39
by this Code section and all parents of a sibling of such child, when such parent has legal40
custody of such sibling, subject to exceptions due to family or domestic violence, shall be41
provided with notice:42
(1) Specifying that an alleged dependent child has been or is being removed from his or43
her parental custody;44
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(2) Explaining the options a relative has to participate in the care and placement of the
45
alleged dependent child and any options that may be lost by failing to respond to the46
notice;47
(2.1) Stating that, if the relative demonstrates an active and present interest in and
48
willingness to provide a permanent home for a child within six months of such notice,49
DFCS shall timely conduct an evaluation of such relative; provided that, if such relative50
does not demonstrate such interest, the opportunity for an evaluation by DFCS and51
permanent placement of such child shall be lost;52
(3) Describing the process for becoming an approved foster family home and the53
additional services and supports available for children placed in approved foster homes;54
and55
(4) Describing any financial assistance for which a relative may be eligible.56
(d) The diligent search required by this Code section and the notification required by57
subsection (c) of this Code section shall be completed, documented in writing, and filed58
with the court within 30 days from the date on which the alleged dependent child was59
removed from his or her home and at each periodic review hearing required by Code60
Section 15-11-216.61
(e) After the completion of the diligent search required by this Code section, DFCS shall62
have a continuing duty to search for relatives or other persons who have demonstrated an63
ongoing commitment to a child and with whom it may be appropriate to place the alleged64
dependent child until such relatives or persons are found or until such child is placed for65
adoption unless the court excuses DFCS from conducting a diligent search. If a relative66
entitled to notice under subsection (c) of this Code section fails, within six months from the67
date he or she receives the required notice, to demonstrate an active and present interest in68
and willingness to provide a permanent home for a child, the court may excuse DFCS from69
considering such relative as a placement; provided, however, that if such relative70
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demonstrates an active and present interest in and willingness to provide a permanent home71
for a child, DFCS shall conduct a timely evaluation of such relative."72
SECTION 2.73
Said chapter is further amended by revising Code Section 15-11-216, relating to periodic74
review hearing, required evidence, and consideration of hearsay evidence, as follows:75
"15-11-216.76
(a) All cases of children in DFCS custody shall be initially reviewed within 75 days77
following a child adjudicated as a dependent child's removal from his or her home and shall78
be conducted by the court. An additional periodic review shall be held within four months79
following the initial review and shall be conducted by the court or by judicial citizen80
review panels established by the court, as the court directs, meeting such standards and81
using such procedures as are established by court rule by the Supreme Court, with the82
advice and consent of the Council of Juvenile Court Judges. The court shall have the83
discretion to schedule any subsequent review hearings as necessary.84
(b) At any periodic review hearing, the paramount concern shall be the health and safety85
of a child adjudicated as a dependent child's health and safety child.86
(c) At the initial 75 day periodic review, the court shall approve the completion of the87
relative search, schedule the subsequent four-month review to be conducted by the court88
or a judicial citizen review panel, and shall determine:89
(1) Whether a child adjudicated as a dependent child continues to be a dependent child;90
(2) Whether the existing case plan is still the best case plan for such child and his or her91
family and whether any changes need to be made to the case plan, including whether a92
concurrent case plan for nonreunification is appropriate;93
(3) The extent of compliance with the case plan by all participants;94
(3.1) Whether the parent has made substantial progress toward completion of the case95
plan;96
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(4) The appropriateness of any recommended changes to such child's placement;
97
(5) Whether appropriate progress is being made on the permanency plan;98
(6) Whether all legally required services are being provided to a child adjudicated as a99
dependent child, his or her foster parents if there are foster parents, and his or her parent,100
guardian, or legal custodian;101
(7) Whether visitation is appropriate and, if so, approve and establish a reasonable102
visitation schedule consistent with the age and developmental needs of a child103
adjudicated as a dependent child;104
(8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older,105
the services needed to assist such child to make a transition from foster care to106
independent living are being provided; and107
(9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity108
of such child's removal from his or her home and to reunify the family after removal of109
a child adjudicated as a dependent child, unless reasonable efforts were not required.110
(d) If at any review subsequent to the initial 75 day review the court finds that there is a111
lack of substantial progress towards
toward completion of the case plan, the court shall112
order DFCS to develop a case plan for nonreunification or a concurrent case plan113
contemplating nonreunification within 14 days of such review. The court shall review and114
adopt the revised case plan, as submitted or as amended, within 45 days of such review or115
at a previously scheduled hearing.116
(d.1) At each review hearing held with respect to a child who remains placed in a qualified117
residential treatment program, the department shall submit evidence documenting that:118
(1) Ongoing assessment of the strengths and needs of the child continues to support the119
determination that the needs of the child cannot be met through placement in a foster120
family home;121
(2) Placement in a qualified residential treatment program provides the most effective122
and appropriate level of care for the child in the least restrictive environment;123
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(3) Placement in a qualified residential treatment program is consistent with the
124
short-term and long-term goals for the child, as specified in the permanency plan for the125
child;126
(4) The specific treatment or service needs that will be met for the child in the placement127
and the length of time the child is expected to need the treatment or services; and128
(5) The efforts made by the department to prepare the child to return home or to be129
placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster130
family home.131
(e) At the time of each review of a child adjudicated as a dependent child in DFCS132
custody, DFCS shall notify the court whether and when it intends to proceed with the133
termination of parental rights.134
(f) The court may consider any evidence, including hearsay evidence, that the court finds135
to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a136
dependent child and the most appropriate case plan and permanency plan."137
SECTION 3.138
Said chapter is further amended by revising subsection (a) of Code Section 15-11-218,139
relating to content of orders following periodic review hearings or reports by judicial citizen140
review panels, as follows:141
"(a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial142
citizen review panel, the court shall issue written findings of fact that include:143
(1) Why a child adjudicated as a dependent child continues to be a dependent child;144
(2) Whether the existing case plan is still the best case plan for a child adjudicated as a145
dependent child and his or her family and whether any changes need to be made to the146
case plan including whether a concurrent case plan for nonreunification is appropriate;147
(3) The extent of compliance with the case plan by all participants;148
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(3.1) Whether the parent has made substantial progress toward completion of the case149
plan;150
(4) The basis for any changes to the placement of a child adjudicated as a dependent151
child;152
(5) Whether visitation is or continues to be appropriate;153
(6) A description of progress being made on the permanency plan;154
(7) Whether all legally required services are being provided to a child adjudicated as a155
dependent child, his or her foster parents if there are foster parents, and his or her parent,156
guardian, or legal custodian;157
(8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older,158
the services needed to assist such child to make a transition from foster care to159
independent living are being provided; and160
(9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity161
of the removal of a child adjudicated as a dependent child and to reunify his or her family162
after removal, unless reasonable efforts were not required."163
SECTION 4.164
Said chapter is further amended by revising subsection (a) of Code Section 15-11-232,165
relating to permanency plan hearing and findings, as follows:166
"(a) At the permanency plan hearing, the court shall make written findings of fact that167
include the following:168
(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which169
is in effect at the time of the hearing;170
(2) The continuing necessity for and the safety and appropriateness of the placement;171
(3) Compliance with the permanency plan by DFCS, parties, and any other service172
providers;173
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(3.1) Whether the parent has made substantial progress toward completion of the case174
plan;175
(4) Efforts to involve appropriate service providers in addition to DFCS staff in planning176
to meet the special needs of a child adjudicated as a dependent child and his or her parent,177
guardian, or legal custodian;178
(5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent179
child outside of his or her home and toward returning such child safely to his or her home180
or obtaining a permanent placement for such child;181
(6) The date by which it is likely that a child adjudicated as a dependent child will be182
returned to his or her home, placed for adoption, or placed with a permanent guardian or183
in some other alternative permanent placement;184
(7) Whether, in the case of a child adjudicated as a dependent child placed out of state,185
the out-of-state placement continues to be appropriate and in the best interests of such186
child;187
(8) In the case of a child adjudicated as a dependent child who is 14 years of age or188
older, the services needed to assist such child to make a transition from foster care to189
independent living;190
(9) In the case of a child for whom another planned permanent living arrangement is the191
permanency plan:192
(A) Whether DFCS has documented intensive, ongoing, and, as of the date of the193
hearing, unsuccessful efforts to return the child to the home or to secure a placement194
for the child with a fit and willing relative, a legal guardian, or an adoptive parent,195
including through efforts that utilize search technology, including social media, to find196
biological family members for the children;197
(B) Whether DFCS has documented the steps it is taking to ensure that the child's198
foster family home or child care institution is following the reasonable and prudent199
parent standard and the child has regular, ongoing opportunities to engage in age or200
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developmentally appropriate activities, including by consulting with the child in an
201
age-appropriate manner about the opportunities of the child to participate in the202
activities; and203
(C) After asking the child, what his or her desired permanency outcome is;204
(10) If a child has attained the age of 14 years old, whether the permanency plan205
developed for the child, and any revision or addition to the plan, was developed in206
consultation with the child and, at the option of the child, with not more than two207
members of the permanency planning team who were selected by the child and who are208
not a foster parent of or caseworker for the child in accordance with subparagraph (A) of
209
paragraph (15) (b)(15)(B) of Code Section 15-11-201; and210
(11) In the case of a child placed in a qualified residential treatment program:211
(A) Whether DFCS has documented ongoing assessments of the strengths and needs212
of the child that continues to support the determination that the needs of the child213
cannot be met through placement in a foster family home;214
(B) Whether DFCS has documented that placement in a qualified residential treatment215
program provides the most effective and appropriate level of care for the child in the216
least restrictive environment;217
(C) Whether DFCS has documented that the child's placement in a qualified residential218
treatment program is consistent with the short-term and long-term goals for the child,219
as specified in the permanency plan for the child;220
(D) Whether DFCS has documented the specific treatment or service needs that will221
be met for the child in the placement and the length of time the child is expected to222
need the treatment or services; and223
(E) Whether DFCS has documented their efforts to prepare the child to return home224
or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent,225
or in a foster family home."226
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SECTION 5.
227
Said chapter is further amended by revising Code Section 15-11-233, relating to termination228
of parental rights and exceptions, as follows:229
"15-11-233.230
(a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to231
terminate the parental rights of a parent of a child adjudicated as a dependent child or, if232
such a petition has been filed by another party, seek to be joined as a party to the petition,233
and, concurrently, to identify, recruit, process, and approve a qualified family for an234
adoption if:235
(1) A child adjudicated as a dependent child has been in foster care under the236
responsibility of DFCS for 15 of the most recent 22 months;237
(2) The court has made a determination that the parent has subjected his or her child to238
aggravated circumstances; or239
(3) The court has made a determination that the parent of a child adjudicated as a240
dependent child has been convicted of:241
(A) The murder of another child of such parent;242
(B) Murder in the second degree of another child of such parent;243
(C) Voluntary manslaughter of another child of such parent;244
(D) Voluntary manslaughter of the other parent of such child;245
(E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or246
voluntary manslaughter of another child of such parent;247
(F) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or248
voluntary manslaughter of the other parent of such child; or249
(G) Committing felony assault that has resulted in serious bodily injury to such child250
or to another child of such parent.251
(b) Termination of parental rights may not be in the best interests of a child adjudicated252
as a dependent child when:253
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(1) Such child is being cared for by his or her relative that intends to be a permanent254
placement for such child in accordance with a permanency plan approved by the court255
and in a time frame that is consistent with the developmental needs of such child;256
(2) The case plan documents a compelling reason for determining that filing such a257
petition would not be in the best interests of such child. Such compelling reasons may258
include, but not be limited to:259
(A) A parent of such child is successfully participating in services that will make it260
possible for his or her child to safely return home;261
(B) Another permanency plan is better suited to meet the health and safety needs of262
such child. Documentation that another permanent plan is better suited to meet the263
health and safety needs of such child may include documentation that:264
(i) Such child is 14 years of age or older and objects to termination of parental rights.265
Prior to accepting a child's objection, the court shall personally question such child266
in chambers to determine whether the objection is a voluntary and knowing choice;267
(ii) Such child is 16 years of age or older and specifically requests that emancipation268
be established as his or her permanent plan;269
(iii) The parent of such child and such child have a significant bond, but such parent270
is unable to care for such child because of an emotional or physical disability and271
such child's caregiver has committed to raising such child to the age of majority and272
facilitating visitation with such disabled parent; or273
(iv) Such child is in a residential treatment facility that provides services specifically274
designed to address his or her treatment needs and the court determines that his or her275
needs could not be served by a less restrictive placement;276
(C) Such child is living with his or her relative who is unable or unwilling to adopt277
such child, but who is willing and capable of providing such child with a stable and278
permanent home environment and the removal of such child from the physical custody279
of his or her relative would be detrimental to such child's emotional well-being;280
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(D) The court or judicial citizen review panel, in a prior hearing or review, determined
281
that while the case plan was to reunify the family, DFCS did not make reasonable282
efforts; or283
(E) Such child is an unaccompanied refugee or there are international legal obligations284
or foreign policy reasons that would preclude terminating parental rights; or285
(3) DFCS has not provided to the family of such child services deemed necessary for his286
or her safe return to his or her home, consistent with the specific time frames for the287
accomplishment of the case plan goals.288
(c) The recommendation by DFCS that termination of parental rights is not in the best289
interests of a child shall be based on the present family circumstances of such child and290
shall not preclude a different recommendation at a later date if the family circumstances291
of a child adjudicated as a dependent child change.292
(d) At least 30 days prior to the fifteenth month a child has been in foster care and when
293
the court deems appropriate, the court shall review DFCS's determination that filing a294
petition to terminate parental rights would not be in the best interests of such child, as295
provided for in paragraph (2) of subsection (b) of this Code section. Such hearing may be296
in conjunction with other matters of the case. At such hearing, the court may appoint an297
attorney guardian ad litem to file a petition to terminate parental rights on behalf of the298
child and may make any additional rulings."299
SECTION 6.300
This Act shall become effective upon its approval by the Governor or upon its becoming law301
without such approval and shall apply to all dependency and termination of parental rights302
cases currently pending, and all such cases later filed, in the juvenile court.303
SECTION 7.304
All laws and parts of laws in conflict with this Act are repealed.305
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