Georgia 2023-2024 Regular Session

Georgia Senate Bill SB376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 ~~SB 376/AP~~
	1	+	24 LC 57 0073S (SCS)
2	2		Senate Bill 376
3	3		By: Senators Tillery of the 19th, Kirkpatrick of the 32nd, Burns of the 23rd, Payne of the
4	4		54th, Strickland of the 17th and others
5		-	AS PASSED
	5	+	AS PASSED SENATE
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the
9	9		1
10	10		Juvenile Code, so as to clarify requirements of parents, DFCS, and court in order to improve2
11	11		timely permanent placement of a child removed from their home; to provide that, at a3
12	12		periodic review hearing, a court shall determine whether the parent has made substantial4
13	13		progress toward completion of the case plan; to provide that a court shall timely review and5
14	14		adopt any revised case plans; to provide that a court shall include certain information in its6
15	15		written findings of fact after a periodic review hearing; to provide that a court shall include7
16	16		certain information in its written findings of fact at a permanency plan hearing; to provide8
17	17		that termination of parental rights may not be in the best interests of a child when such child9
18	18		is being cared for by a relative that intends to be a permanent placement for such child; to10
19	19		provide for a hearing to be held prior to a dependent child's fifteenth month in foster care to11
20	20		review a determination of the Division of Family and Children Services of the Department12
21	21		of Human Services not to petition to terminate parental rights; to provide for related matters;13
22	22		to provide for an effective date and applicability; to repeal conflicting laws; and for other14
23	23		purposes.15
24	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
25	25		S. B. 376
26		-	- 1 - 24 ~~SB 376/AP~~
	26	+	- 1 - 24 LC 57 0073S (SCS)
27	27		SECTION 1.
28	28		17
29	29		Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile18
30	30		Code, is amended by revising Code Section 15-11-216, relating to periodic review hearing,19
31	31		required evidence, and consideration of hearsay evidence, as follows:20
32	32		"15-11-216.21
33	33		(a) All cases of children in DFCS custody shall be initially reviewed within 75 days22
34	34		following a child adjudicated as a dependent child's removal from his or her home and shall23
35	35		be conducted by the court. An additional periodic review shall be held within four months24
36	36		following the initial review and shall be conducted by the court or by judicial citizen25
37	37		review panels established by the court, as the court directs, meeting such standards and26
38	38		using such procedures as are established by court rule by the Supreme Court, with the27
39	39		advice and consent of the Council of Juvenile Court Judges. The court shall have the28
40	40		discretion to schedule any subsequent review hearings as necessary.29
41	41		(b) At any periodic review hearing, the paramount concern shall be the health and safety
42	42		30
43	43		of a child adjudicated as a dependent child's health and safety child.31
44	44		(c) At the initial 75 day periodic review, the court shall approve the completion of the32
45	45		relative search, schedule the subsequent four-month review to be conducted by the court33
46	46		or a judicial citizen review panel, and shall determine:34
47	47		(1) Whether a child adjudicated as a dependent child continues to be a dependent child;35
48	48		(2) Whether the existing case plan is still the best case plan for such child and his or her36
49	49		family and whether any changes need to be made to the case plan, including whether a37
50	50		concurrent case plan for nonreunification is appropriate;38
51	51		(3) The extent of compliance with the case plan by all participants;39
52	52		(3.1) Whether the parent has made substantial progress toward completion of the case40
53	53		plan;41
54	54		(4) The appropriateness of any recommended changes to such child's placement;42
55	55		(5) Whether appropriate progress is being made on the permanency plan;43
56	56		S. B. 376
57		-	- 2 - 24 ~~SB 376/AP~~
	57	+	- 2 - 24 LC 57 0073S (SCS)
58	58		(6) Whether all legally required services are being provided to a child adjudicated as a
59	59		44
60	60		dependent child, his or her foster parents if there are foster parents, and his or her parent,45
61	61		guardian, or legal custodian;46
62	62		(7) Whether visitation is appropriate and, if so, approve and establish a reasonable47
63	63		visitation schedule consistent with the age and developmental needs of a child48
64	64		adjudicated as a dependent child;49
65	65		(8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older,50
66	66		the services needed to assist such child to make a transition from foster care to51
67	67		independent living are being provided; and52
68	68		(9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity53
69	69		of such child's removal from his or her home and to reunify the family after removal of54
70	70		a child adjudicated as a dependent child, unless reasonable efforts were not required.55
71	71		(d) If at any review subsequent to the initial 75 day review the court finds that there is a56
72	72		lack of substantial progress towards
73	73		toward completion of the case plan, the court shall57
74	74		order DFCS to develop a case plan for nonreunification or a concurrent case plan58
75	75		contemplating nonreunification within 14 days of such review. The court shall review and59
76	76		adopt the revised case plan, as submitted or as amended, within 45 days of such review or60
77	77		at a previously scheduled hearing.61
78	78		(d.1) At each review hearing held with respect to a child who remains placed in a qualified62
79	79		residential treatment program, the department shall submit evidence documenting that:63
80	80		(1) Ongoing assessment of the strengths and needs of the child continues to support the64
81	81		determination that the needs of the child cannot be met through placement in a foster65
82	82		family home;66
83	83		(2) Placement in a qualified residential treatment program provides the most effective67
84	84		and appropriate level of care for the child in the least restrictive environment;68
85	85		S. B. 376
86		-	- 3 - 24 ~~SB 376/AP~~
	86	+	- 3 - 24 LC 57 0073S (SCS)
87	87		(3) Placement in a qualified residential treatment program is consistent with the
88	88		69
89	89		short-term and long-term goals for the child, as specified in the permanency plan for the70
90	90		child;71
91	91		(4) The specific treatment or service needs that will be met for the child in the placement72
92	92		and the length of time the child is expected to need the treatment or services; and73
93	93		(5) The efforts made by the department to prepare the child to return home or to be74
94	94		placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster75
95	95		family home.76
96	96		(e) At the time of each review of a child adjudicated as a dependent child in DFCS77
97	97		custody, DFCS shall notify the court whether and when it intends to proceed with the78
98	98		termination of parental rights.79
99	99		(f) The court may consider any evidence, including hearsay evidence, that the court finds80
100	100		to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a81
101	101		dependent child and the most appropriate case plan and permanency plan."82
102	102		SECTION 2.83
103	103		Said chapter is further amended by revising subsection (a) of Code Section 15-11-218,84
104	104		relating to content of orders following periodic review hearings or reports by judicial citizen85
105	105		review panels, as follows:86
106	106		"(a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial87
107	107		citizen review panel, the court shall issue written findings of fact that include:88
108	108		(1) Why a child adjudicated as a dependent child continues to be a dependent child;89
109	109		(2) Whether the existing case plan is still the best case plan for a child adjudicated as a90
110	110		dependent child and his or her family and whether any changes need to be made to the91
111	111		case plan including whether a concurrent case plan for nonreunification is appropriate;92
112	112		(3) The extent of compliance with the case plan by all participants;93
113	113		S. B. 376
114		-	- 4 - 24 ~~SB 376/AP~~
	114	+	- 4 - 24 LC 57 0073S (SCS)
115	115		(3.1) Whether the parent has made substantial progress toward completion of the case94
116	116		plan;95
117	117		(4) The basis for any changes to the placement of a child adjudicated as a dependent96
118	118		child;97
119	119		(5) Whether visitation is or continues to be appropriate;98
120	120		(6) A description of progress being made on the permanency plan;99
121	121		(7) Whether all legally required services are being provided to a child adjudicated as a100
122	122		dependent child, his or her foster parents if there are foster parents, and his or her parent,101
123	123		guardian, or legal custodian;102
124	124		(8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older,103
125	125		the services needed to assist such child to make a transition from foster care to104
126	126		independent living are being provided; and105
127	127		(9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity106
128	128		of the removal of a child adjudicated as a dependent child and to reunify his or her family107
129	129		after removal, unless reasonable efforts were not required."108
130	130		SECTION 3.109
131	131		Said chapter is further amended by revising subsection (a) of Code Section 15-11-232,110
132	132		relating to permanency plan hearing and findings, as follows:111
133	133		"(a) At the permanency plan hearing, the court shall make written findings of fact that112
134	134		include the following:113
135	135		(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which114
136	136		is in effect at the time of the hearing;115
137	137		(2) The continuing necessity for and the safety and appropriateness of the placement;116
138	138		(3) Compliance with the permanency plan by DFCS, parties, and any other service117
139	139		providers;118
140	140		S. B. 376
141		-	- 5 - 24 ~~SB 376/AP~~
	141	+	- 5 - 24 LC 57 0073S (SCS)
142	142		(3.1) Whether the parent has made substantial progress toward completion of the case119
143	143		plan;120
144	144		(4) Efforts to involve appropriate service providers in addition to DFCS staff in planning121
145	145		to meet the special needs of a child adjudicated as a dependent child and his or her parent,122
146	146		guardian, or legal custodian;123
147	147		(5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent124
148	148		child outside of his or her home and toward returning such child safely to his or her home125
149	149		or obtaining a permanent placement for such child;126
150	150		(6) The date by which it is likely that a child adjudicated as a dependent child will be127
151	151		returned to his or her home, placed for adoption, or placed with a permanent guardian or128
152	152		in some other alternative permanent placement;129
153	153		(7) Whether, in the case of a child adjudicated as a dependent child placed out of state,130
154	154		the out-of-state placement continues to be appropriate and in the best interests of such131
155	155		child;132
156	156		(8) In the case of a child adjudicated as a dependent child who is 14 years of age or133
157	157		older, the services needed to assist such child to make a transition from foster care to134
158	158		independent living;135
159	159		(9) In the case of a child for whom another planned permanent living arrangement is the136
160	160		permanency plan:137
161	161		(A) Whether DFCS has documented intensive, ongoing, and, as of the date of the138
162	162		hearing, unsuccessful efforts to return the child to the home or to secure a placement139
163	163		for the child with a fit and willing relative, a legal guardian, or an adoptive parent,140
164	164		including through efforts that utilize search technology, including social media, to find141
165	165		biological family members for the children;142
166	166		(B) Whether DFCS has documented the steps it is taking to ensure that the child's143
167	167		foster family home or child care institution is following the reasonable and prudent144
168	168		parent standard and the child has regular, ongoing opportunities to engage in age or145
169	169		S. B. 376
170		-	- 6 - 24 ~~SB 376/AP~~
	170	+	- 6 - 24 LC 57 0073S (SCS)
171	171		developmentally appropriate activities, including by consulting with the child in an
172	172		146
173	173		age-appropriate manner about the opportunities of the child to participate in the147
174	174		activities; and148
175	175		(C) After asking the child, what his or her desired permanency outcome is;149
176	176		(10) If a child has attained the age of 14 years old, whether the permanency plan150
177	177		developed for the child, and any revision or addition to the plan, was developed in151
178	178		consultation with the child and, at the option of the child, with not more than two152
179	179		members of the permanency planning team who were selected by the child and who are153
180	180		not a foster parent of or caseworker for the child in accordance with subparagraph (A) of
181	181		154
182	182		paragraph (15) (b)(15)(B) of Code Section 15-11-201; and155
183	183		(11) In the case of a child placed in a qualified residential treatment program:156
184	184		(A) Whether DFCS has documented ongoing assessments of the strengths and needs157
185	185		of the child that continues to support the determination that the needs of the child158
186	186		cannot be met through placement in a foster family home;159
187	187		(B) Whether DFCS has documented that placement in a qualified residential treatment160
188	188		program provides the most effective and appropriate level of care for the child in the161
189	189		least restrictive environment;162
190	190		(C) Whether DFCS has documented that the child's placement in a qualified residential163
191	191		treatment program is consistent with the short-term and long-term goals for the child,164
192	192		as specified in the permanency plan for the child;165
193	193		(D) Whether DFCS has documented the specific treatment or service needs that will166
194	194		be met for the child in the placement and the length of time the child is expected to167
195	195		need the treatment or services; and168
196	196		(E) Whether DFCS has documented their efforts to prepare the child to return home169
197	197		or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent,170
198	198		or in a foster family home."171
199	199		S. B. 376
200		-	- 7 - 24 ~~SB 376/AP~~
	200	+	- 7 - 24 LC 57 0073S (SCS)
201	201		SECTION 4.
202	202		172
203	203		Said chapter is further amended by revising Code Section 15-11-233, relating to termination173
204	204		of parental rights and exceptions, as follows:174
205	205		"15-11-233.175
206	206		(a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to176
207	207		terminate the parental rights of a parent of a child adjudicated as a dependent child or, if177
208	208		such a petition has been filed by another party, seek to be joined as a party to the petition,178
209	209		and, concurrently, to identify, recruit, process, and approve a qualified family for an179
210	210		adoption if:180
211	211		(1) A child adjudicated as a dependent child has been in foster care under the181
212	212		responsibility of DFCS for 15 of the most recent 22 months;182
213	213		(2) The court has made a determination that the parent has subjected his or her child to183
214	214		aggravated circumstances; or184
215	215		(3) The court has made a determination that the parent of a child adjudicated as a185
216	216		dependent child has been convicted of:186
217	217		(A) The murder of another child of such parent;187
218	218		(B) Murder in the second degree of another child of such parent;188
219	219		(C) Voluntary manslaughter of another child of such parent;189
220	220		(D) Voluntary manslaughter of the other parent of such child;190
221	221		(E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or191
222	222		voluntary manslaughter of another child of such parent;192
223	223		(F) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or193
224	224		voluntary manslaughter of the other parent of such child; or194
225	225		(G) Committing felony assault that has resulted in serious bodily injury to such child195
226	226		or to another child of such parent.196
227	227		(b) Termination of parental rights may not be in the best interests of a child adjudicated197
228	228		as a dependent child when:198
229	229		S. B. 376
230		-	- 8 - 24 ~~SB 376/AP~~
	230	+	- 8 - 24 LC 57 0073S (SCS)
231	231		(1) Such child is being cared for by his or her relative that intends to be a permanent199
232	232		placement for such child in accordance with a permanency plan approved by the court200
233	233		and in a time frame that is consistent with the developmental needs of such child;201
234	234		(2) The case plan documents a compelling reason for determining that filing such a202
235	235		petition would not be in the best interests of such child. Such compelling reasons may203
236	236		include, but not be limited to:204
237	237		(A) A parent of such child is successfully participating in services that will make it205
238	238		possible for his or her child to safely return home;206
239	239		(B) Another permanency plan is better suited to meet the health and safety needs of207
240	240		such child. Documentation that another permanent plan is better suited to meet the208
241	241		health and safety needs of such child may include documentation that:209
242	242		(i) Such child is 14 years of age or older and objects to termination of parental rights.210
243	243		Prior to accepting a child's objection, the court shall personally question such child211
244	244		in chambers to determine whether the objection is a voluntary and knowing choice;212
245	245		(ii) Such child is 16 years of age or older and specifically requests that emancipation213
246	246		be established as his or her permanent plan;214
247	247		(iii) The parent of such child and such child have a significant bond, but such parent215
248	248		is unable to care for such child because of an emotional or physical disability and216
249	249		such child's caregiver has committed to raising such child to the age of majority and217
250	250		facilitating visitation with such disabled parent; or218
251	251		(iv) Such child is in a residential treatment facility that provides services specifically219
252	252		designed to address his or her treatment needs and the court determines that his or her220
253	253		needs could not be served by a less restrictive placement;221
254	254		(C) Such child is living with his or her relative who is unable or unwilling to adopt222
255	255		such child, but who is willing and capable of providing such child with a stable and223
256	256		permanent home environment and the removal of such child from the physical custody224
257	257		of his or her relative would be detrimental to such child's emotional well-being;225
258	258		S. B. 376
259		-	- 9 - 24 ~~SB 376/AP~~
	259	+	- 9 - 24 LC 57 0073S (SCS)
260	260		(D) The court or judicial citizen review panel, in a prior hearing or review, determined
261	261		226
262	262		that while the case plan was to reunify the family, DFCS did not make reasonable227
263	263		efforts; or228
264	264		(E) Such child is an unaccompanied refugee or there are international legal obligations229
265	265		or foreign policy reasons that would preclude terminating parental rights; or230
266	266		(3) DFCS has not provided to the family of such child services deemed necessary for his231
267	267		or her safe return to his or her home, consistent with the specific time frames for the232
268	268		accomplishment of the case plan goals.233
269	269		(c) The recommendation by DFCS that termination of parental rights is not in the best234
270	270		interests of a child shall be based on the present family circumstances of such child and235
271	271		shall not preclude a different recommendation at a later date if the family circumstances236
272	272		of a child adjudicated as a dependent child change.237
273	273		(d) At least 30 days prior to the fifteenth month a child has been in foster care and when
274	274		238
275	275		the court deems appropriate, the court shall review DFCS's determination that filing a239
276	276		petition to terminate parental rights would not be in the best interests of such child, as240
277	277		provided for in paragraph (2) of subsection (b) of this Code section. Such hearing may be241
278	278		in conjunction with other matters of the case. At such hearing, the court may appoint an242
279	279		attorney guardian ad litem, who may, after his or her own determination, file a petition to243
280	280		terminate parental rights on behalf of the child. The court in its sole discretion may make244
281	281		any additional rulings."245
282	282		SECTION 5.246
283	283		This Act shall become effective upon its approval by the Governor or upon its becoming law247
284	284		without such approval and shall apply to all dependency and termination of parental rights248
285	285		cases currently pending, and all such cases later filed, in the juvenile court.249
286	286		S. B. 376
287		-	- 10 - 24 ~~SB 376/AP~~
	287	+	- 10 - 24 LC 57 0073S (SCS)
288	288		SECTION 6.
289	289		250
290	290		All laws and parts of laws in conflict with this Act are repealed.251
291	291		S. B. 376
292	292		- 11 -