24 SB 376/AP
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
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 clarify requirements of parents, DFCS, and court in order to improve2
timely permanent placement of a child removed from their home; to provide that, at a3
periodic review hearing, a court shall determine whether the parent has made substantial4
progress toward completion of the case plan; to provide that a court shall timely review and5
adopt any revised case plans; to provide that a court shall include certain information in its6
written findings of fact after a periodic review hearing; to provide that a court shall include7
certain information in its written findings of fact at a permanency plan hearing; to provide8
that termination of parental rights may not be in the best interests of a child when such child9
is being cared for by a relative that intends to be a permanent placement for such child; to10
provide for a hearing to be held prior to a dependent child's fifteenth month in foster care to11
review a determination of the Division of Family and Children Services of the Department12
of Human Services not to petition to terminate parental rights; to provide for related matters;13
to provide for an effective date and applicability; to repeal conflicting laws; and for other14
purposes.15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
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SECTION 1.
17
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile18
Code, is amended by revising Code Section 15-11-216, relating to periodic review hearing,19
required evidence, and consideration of hearsay evidence, as follows:20
"15-11-216.21
(a) All cases of children in DFCS custody shall be initially reviewed within 75 days22
following a child adjudicated as a dependent child's removal from his or her home and shall23
be conducted by the court. An additional periodic review shall be held within four months24
following the initial review and shall be conducted by the court or by judicial citizen25
review panels established by the court, as the court directs, meeting such standards and26
using such procedures as are established by court rule by the Supreme Court, with the27
advice and consent of the Council of Juvenile Court Judges. The court shall have the28
discretion to schedule any subsequent review hearings as necessary.29
(b) At any periodic review hearing, the paramount concern shall be the health and safety
30
of a child adjudicated as a dependent child's health and safety child.31
(c) At the initial 75 day periodic review, the court shall approve the completion of the32
relative search, schedule the subsequent four-month review to be conducted by the court33
or a judicial citizen review panel, and shall determine:34
(1) Whether a child adjudicated as a dependent child continues to be a dependent child;35
(2) Whether the existing case plan is still the best case plan for such child and his or her36
family and whether any changes need to be made to the case plan, including whether a37
concurrent case plan for nonreunification is appropriate;38
(3) The extent of compliance with the case plan by all participants;39
(3.1) Whether the parent has made substantial progress toward completion of the case40
plan;41
(4) The appropriateness of any recommended changes to such child's placement;42
(5) Whether appropriate progress is being made on the permanency plan;43
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(6) Whether all legally required services are being provided to a child adjudicated as a
44
dependent child, his or her foster parents if there are foster parents, and his or her parent,45
guardian, or legal custodian;46
(7) Whether visitation is appropriate and, if so, approve and establish a reasonable47
visitation schedule consistent with the age and developmental needs of a child48
adjudicated as a dependent child;49
(8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older,50
the services needed to assist such child to make a transition from foster care to51
independent living are being provided; and52
(9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity53
of such child's removal from his or her home and to reunify the family after removal of54
a child adjudicated as a dependent child, unless reasonable efforts were not required.55
(d) If at any review subsequent to the initial 75 day review the court finds that there is a56
lack of substantial progress towards
toward completion of the case plan, the court shall57
order DFCS to develop a case plan for nonreunification or a concurrent case plan58
contemplating nonreunification within 14 days of such review. The court shall review and59
adopt the revised case plan, as submitted or as amended, within 45 days of such review or60
at a previously scheduled hearing.61
(d.1) At each review hearing held with respect to a child who remains placed in a qualified62
residential treatment program, the department shall submit evidence documenting that:63
(1) Ongoing assessment of the strengths and needs of the child continues to support the64
determination that the needs of the child cannot be met through placement in a foster65
family home;66
(2) Placement in a qualified residential treatment program provides the most effective67
and appropriate level of care for the child in the least restrictive environment;68
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(3) Placement in a qualified residential treatment program is consistent with the
69
short-term and long-term goals for the child, as specified in the permanency plan for the70
child;71
(4) The specific treatment or service needs that will be met for the child in the placement72
and the length of time the child is expected to need the treatment or services; and73
(5) The efforts made by the department to prepare the child to return home or to be74
placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster75
family home.76
(e) At the time of each review of a child adjudicated as a dependent child in DFCS77
custody, DFCS shall notify the court whether and when it intends to proceed with the78
termination of parental rights.79
(f) The court may consider any evidence, including hearsay evidence, that the court finds80
to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a81
dependent child and the most appropriate case plan and permanency plan."82
SECTION 2.83
Said chapter is further amended by revising subsection (a) of Code Section 15-11-218,84
relating to content of orders following periodic review hearings or reports by judicial citizen85
review panels, as follows:86
"(a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial87
citizen review panel, the court shall issue written findings of fact that include:88
(1) Why a child adjudicated as a dependent child continues to be a dependent child;89
(2) Whether the existing case plan is still the best case plan for a child adjudicated as a90
dependent child and his or her family and whether any changes need to be made to the91
case plan including whether a concurrent case plan for nonreunification is appropriate;92
(3) The extent of compliance with the case plan by all participants;93
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(3.1) Whether the parent has made substantial progress toward completion of the case94
plan;95
(4) The basis for any changes to the placement of a child adjudicated as a dependent96
child;97
(5) Whether visitation is or continues to be appropriate;98
(6) A description of progress being made on the permanency plan;99
(7) Whether all legally required services are being provided to a child adjudicated as a100
dependent child, his or her foster parents if there are foster parents, and his or her parent,101
guardian, or legal custodian;102
(8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older,103
the services needed to assist such child to make a transition from foster care to104
independent living are being provided; and105
(9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity106
of the removal of a child adjudicated as a dependent child and to reunify his or her family107
after removal, unless reasonable efforts were not required."108
SECTION 3.109
Said chapter is further amended by revising subsection (a) of Code Section 15-11-232,110
relating to permanency plan hearing and findings, as follows:111
"(a) At the permanency plan hearing, the court shall make written findings of fact that112
include the following:113
(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which114
is in effect at the time of the hearing;115
(2) The continuing necessity for and the safety and appropriateness of the placement;116
(3) Compliance with the permanency plan by DFCS, parties, and any other service117
providers;118
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(3.1) Whether the parent has made substantial progress toward completion of the case119
plan;120
(4) Efforts to involve appropriate service providers in addition to DFCS staff in planning121
to meet the special needs of a child adjudicated as a dependent child and his or her parent,122
guardian, or legal custodian;123
(5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent124
child outside of his or her home and toward returning such child safely to his or her home125
or obtaining a permanent placement for such child;126
(6) The date by which it is likely that a child adjudicated as a dependent child will be127
returned to his or her home, placed for adoption, or placed with a permanent guardian or128
in some other alternative permanent placement;129
(7) Whether, in the case of a child adjudicated as a dependent child placed out of state,130
the out-of-state placement continues to be appropriate and in the best interests of such131
child;132
(8) In the case of a child adjudicated as a dependent child who is 14 years of age or133
older, the services needed to assist such child to make a transition from foster care to134
independent living;135
(9) In the case of a child for whom another planned permanent living arrangement is the136
permanency plan:137
(A) Whether DFCS has documented intensive, ongoing, and, as of the date of the138
hearing, unsuccessful efforts to return the child to the home or to secure a placement139
for the child with a fit and willing relative, a legal guardian, or an adoptive parent,140
including through efforts that utilize search technology, including social media, to find141
biological family members for the children;142
(B) Whether DFCS has documented the steps it is taking to ensure that the child's143
foster family home or child care institution is following the reasonable and prudent144
parent standard and the child has regular, ongoing opportunities to engage in age or145
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developmentally appropriate activities, including by consulting with the child in an
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age-appropriate manner about the opportunities of the child to participate in the147
activities; and148
(C) After asking the child, what his or her desired permanency outcome is;149
(10) If a child has attained the age of 14 years old, whether the permanency plan150
developed for the child, and any revision or addition to the plan, was developed in151
consultation with the child and, at the option of the child, with not more than two152
members of the permanency planning team who were selected by the child and who are153
not a foster parent of or caseworker for the child in accordance with subparagraph (A) of
154
paragraph (15) (b)(15)(B) of Code Section 15-11-201; and155
(11) In the case of a child placed in a qualified residential treatment program:156
(A) Whether DFCS has documented ongoing assessments of the strengths and needs157
of the child that continues to support the determination that the needs of the child158
cannot be met through placement in a foster family home;159
(B) Whether DFCS has documented that placement in a qualified residential treatment160
program provides the most effective and appropriate level of care for the child in the161
least restrictive environment;162
(C) Whether DFCS has documented that the child's placement in a qualified residential163
treatment program is consistent with the short-term and long-term goals for the child,164
as specified in the permanency plan for the child;165
(D) Whether DFCS has documented the specific treatment or service needs that will166
be met for the child in the placement and the length of time the child is expected to167
need the treatment or services; and168
(E) Whether DFCS has documented their efforts to prepare the child to return home169
or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent,170
or in a foster family home."171
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SECTION 4.
172
Said chapter is further amended by revising Code Section 15-11-233, relating to termination173
of parental rights and exceptions, as follows:174
"15-11-233.175
(a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to176
terminate the parental rights of a parent of a child adjudicated as a dependent child or, if177
such a petition has been filed by another party, seek to be joined as a party to the petition,178
and, concurrently, to identify, recruit, process, and approve a qualified family for an179
adoption if:180
(1) A child adjudicated as a dependent child has been in foster care under the181
responsibility of DFCS for 15 of the most recent 22 months;182
(2) The court has made a determination that the parent has subjected his or her child to183
aggravated circumstances; or184
(3) The court has made a determination that the parent of a child adjudicated as a185
dependent child has been convicted of:186
(A) The murder of another child of such parent;187
(B) Murder in the second degree of another child of such parent;188
(C) Voluntary manslaughter of another child of such parent;189
(D) Voluntary manslaughter of the other parent of such child;190
(E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or191
voluntary manslaughter of another child of such parent;192
(F) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or193
voluntary manslaughter of the other parent of such child; or194
(G) Committing felony assault that has resulted in serious bodily injury to such child195
or to another child of such parent.196
(b) Termination of parental rights may not be in the best interests of a child adjudicated197
as a dependent child when:198
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(1) Such child is being cared for by his or her relative that intends to be a permanent199
placement for such child in accordance with a permanency plan approved by the court200
and in a time frame that is consistent with the developmental needs of such child;201
(2) The case plan documents a compelling reason for determining that filing such a202
petition would not be in the best interests of such child. Such compelling reasons may203
include, but not be limited to:204
(A) A parent of such child is successfully participating in services that will make it205
possible for his or her child to safely return home;206
(B) Another permanency plan is better suited to meet the health and safety needs of207
such child. Documentation that another permanent plan is better suited to meet the208
health and safety needs of such child may include documentation that:209
(i) Such child is 14 years of age or older and objects to termination of parental rights.210
Prior to accepting a child's objection, the court shall personally question such child211
in chambers to determine whether the objection is a voluntary and knowing choice;212
(ii) Such child is 16 years of age or older and specifically requests that emancipation213
be established as his or her permanent plan;214
(iii) The parent of such child and such child have a significant bond, but such parent215
is unable to care for such child because of an emotional or physical disability and216
such child's caregiver has committed to raising such child to the age of majority and217
facilitating visitation with such disabled parent; or218
(iv) Such child is in a residential treatment facility that provides services specifically219
designed to address his or her treatment needs and the court determines that his or her220
needs could not be served by a less restrictive placement;221
(C) Such child is living with his or her relative who is unable or unwilling to adopt222
such child, but who is willing and capable of providing such child with a stable and223
permanent home environment and the removal of such child from the physical custody224
of his or her relative would be detrimental to such child's emotional well-being;225
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(D) The court or judicial citizen review panel, in a prior hearing or review, determined
226
that while the case plan was to reunify the family, DFCS did not make reasonable227
efforts; or228
(E) Such child is an unaccompanied refugee or there are international legal obligations229
or foreign policy reasons that would preclude terminating parental rights; or230
(3) DFCS has not provided to the family of such child services deemed necessary for his231
or her safe return to his or her home, consistent with the specific time frames for the232
accomplishment of the case plan goals.233
(c) The recommendation by DFCS that termination of parental rights is not in the best234
interests of a child shall be based on the present family circumstances of such child and235
shall not preclude a different recommendation at a later date if the family circumstances236
of a child adjudicated as a dependent child change.237
(d) At least 30 days prior to the fifteenth month a child has been in foster care and when
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the court deems appropriate, the court shall review DFCS's determination that filing a239
petition to terminate parental rights would not be in the best interests of such child, as240
provided for in paragraph (2) of subsection (b) of this Code section. Such hearing may be241
in conjunction with other matters of the case. At such hearing, the court may appoint an242
attorney guardian ad litem, who may, after his or her own determination, file a petition to243
terminate parental rights on behalf of the child. The court in its sole discretion may make244
any additional rulings."245
SECTION 5.246
This Act shall become effective upon its approval by the Governor or upon its becoming law247
without such approval and shall apply to all dependency and termination of parental rights248
cases currently pending, and all such cases later filed, in the juvenile court.249
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SECTION 6.
250
All laws and parts of laws in conflict with this Act are repealed.251
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