24 LC 57 0051
Senate Bill 387
By: Senators Kirkpatrick of the 32nd, Hatchett of the 50th, Payne of the 54th, Robertson of
the 29th, Jackson of the 41st and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated,
1
relating to identification cards for persons without drivers' licenses, so as to provide that2
personal identification card applications of certain applicants who are either homeless or in3
the legal custody of the Division of Family and Children Services do not require signatures4
by the applicant's parent, guardian, or responsible adult; to provide that fees for such cards5
for persons in DFCS custody shall be waived; to amend Article 1 of Chapter 5 of Title 49 of6
the Official Code of Georgia Annotated, relating to children and youth services, so as to7
authorize the Department of Human Services to establish programs that will provide a child8
or youth entering foster care with a photograph; to authorize such department to establish9
programs that will provide certain such child or youth with a personal identification card, if10
eligible; to provide for related matters; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to14
identification cards for persons without drivers' licenses, is amended in Code Section15
40-5-100, relating to personal identification cards, contents, possession of more than one card16
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prohibited, and optional contributions to and participation in voluntary programs, by adding
17
a new subsection to read as follows:18
"(g) Any eligible applicant child or youth 14 to 17 years of age who does not have an
19
address of residence or is in the legal custody of the Division of Family and Children20
Services of the Department of Human Services shall not be required to have a parent,21
guardian, or responsible adult sign or verify the application for an identification card."22
SECTION 2.23
Said article is further amended by revising subsection (c) of Code Section 40-5-103, relating24
to fee, issuance period, exemptions from fees, and renewal, as follows:25
"(c) The department shall not be authorized to collect a fee for an identification card from26
those persons who are entitled to a free veterans' or honorary driver's license under the27
provisions of Code Section 40-5-36, from a child or youth who is in the legal custody of28
the Division of Family and Children Services of the Department of Human Services, or29
from an individual receiving extended care youth services from such division."30
SECTION 3.31
Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to32
children and youth services, is amended by revising subsection (a) of Code Section 49-5-8,33
relating to powers and duties of the Department of Human Services, as follows:34
"(a) The Department of Human Services is authorized and empowered, through its own35
programs and the programs of county or district departments of family and children36
services, to establish, maintain, extend, and improve throughout the state, within the limits37
of funds appropriated therefor, programs that will provide:38
(1) Preventive services as follows:39
(A) Collecting and disseminating information about the problems of children and40
youths and providing consultative assistance to groups, public and private, interested41
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in developing programs and services for the prevention, control, and treatment of
42
dependency and delinquency among the children of this state; and43
(B) Research and demonstration projects designed to add to the store of information44
about the social and emotional problems of children and youths and improve the45
methods for dealing with these problems;46
(2) Child welfare services as follows:47
(A) Casework services for children and youths and for mothers bearing children out48
of wedlock, whether living in their own homes or elsewhere, to help overcome49
problems that result in dependency or delinquency. The department shall be authorized50
to contract with, certify, or partner with licensed child-placing agencies to assist with51
or provide such casework services;52
(B) Protective services that will investigate complaints of abuse or abandonment of53
children and youths by parents, guardians, custodians, or persons serving in loco54
parentis and, on the basis of the findings of such investigation, offer social services to55
such parents, guardians, custodians, or persons serving in loco parentis in relation to the56
problem or bring the situation to the attention of a law enforcement agency, an57
appropriate court, or another community agency;58
(C) Supervising and providing required services and care involved in the interstate59
placement of children;60
(D) Homemaker service, or payment of the cost of such service, when needed due to61
the absence or incapacity of the mother;62
(E) Boarding care, or payment of maintenance costs, in foster family homes or in63
group-care facilities for children and youths who cannot be adequately cared for in their64
own homes;65
(F) Boarding care or payment of maintenance costs for mothers bearing children out66
of wedlock prior to, during, and for a reasonable period after childbirth;67
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(G) Day-care services for the care and protection of children whose parents are absent
68
from the home or unable for other reasons to provide parental supervision; and69
(H) Casework services and care to all children and youths where the parent, custodian,70
or guardian has placed such children in the custody of the department by voluntary71
agreement, until such agreement is revoked by the parent, custodian, or guardian upon72
request that such children be returned to the parent, custodian, or guardian or to another73
relative or the voluntary agreement expires; provided, however, that nothing in this74
subparagraph shall prohibit the department from obtaining an order placing such75
children in its custody in accordance with Article 3 of Chapter 11 of Title 15. The76
department shall be authorized to contract with, certify, or partner with licensed77
child-placing agencies to assist with or provide such casework services;78
(3) Services to courts, upon their request, as follows:79
(A) Accepting for casework services and care all children and youths whose legal80
custody is vested in the department by the court;81
(B) Providing shelter or custodial care for children prior to examination and study or82
pending court hearing;83
(C) Making social studies and reports to the court with respect to children and youths84
as to whom petitions have been filed; and85
(D) Providing casework services and care or payment of maintenance costs for children86
and youths who have run away from their home communities within this state, or from87
their home communities in this state to another state, or from their home communities88
in another state to this state; paying the costs of returning such runaway children and89
youths to their home communities; and providing such services, care, or costs for90
runaway children and youths as may be required under Chapter 4B of this title;91
(4) Regional group-care facilities for the purpose of:92
(A) Providing local authorities an alternative to placing any child in a common jail;93
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(B) Shelter care prior to examination and study or pending a hearing before juvenile
94
court;95
(C) Detention prior to examination and study or pending a hearing before juvenile96
court; and97
(D) Study and diagnosis pending determination of treatment or a hearing before98
juvenile court;99
(5) Facilities designed to afford specialized and diversified programs, such as forestry100
camps, ranches, and group residences, for the care, treatment, and training of children and101
youths of different ages and different emotional, mental, and physical conditions;102
(6) Regulation of child-placing agencies, child-caring institutions, and maternity homes103
by:104
(A) Establishing rules and regulations for and providing consultation on such rules and105
regulations for all such agencies, institutions, and homes; and106
(B) Licensing and inspecting periodically all such agencies, institutions, and homes to107
ensure their adherence to established standards as prescribed by the department;108
(7) Adoption services, as follows:109
(A) Supervising the work of all child-placing agencies when funds are made available;110
(B) Providing services to parents desiring to surrender children for adoption as111
provided for in adoption statutes;112
(C) Providing care or payment of maintenance costs for mothers bearing children out113
of wedlock and children being considered for adoption;114
(D) Inquiring into the character and reputation of persons making application for the115
adoption of children;116
(E) Placing children for adoption;117
(F) Providing financial assistance to families adopting children once the child has been118
placed for adoption, determined eligible for assistance, and the adoption assistance119
agreement has been signed prior to the finalization of the adoption by all parties. 120
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Financial assistance may only be granted for hard-to-place children with physical,
121
mental, or emotional disabilities or with other problems for whom it is difficult to find122
a permanent home. Financial assistance may not exceed 100 percent of the amount that123
would have been paid for boarding such child in a family foster home and for special124
services such as medical care not available through insurance or public facilities. Such125
supplements shall only be available to families who could not provide for the child126
adequately without continued financial assistance. The department may review the127
supplements paid at any time but shall review them at least annually to determine the128
need for continued assistance;129
(G) Providing payment to a licensed child-placing agency which places a child with130
special needs who is under the jurisdiction of the department for adoption. Payment131
may not exceed $5,000.00 for each such adoption arranged by an agency. The board132
shall define the special needs child. One-half of such payment shall be made at the time133
of placement and the remaining amount shall be paid when the adoption is finalized. 134
If the adoption disrupts prior to finalization, the state shall be reimbursed by the135
child-placing agency in an amount calculated on a prorated basis based on length of136
time the child was in the home and the services provided; and137
(H) Providing payment to an agency which recruits, educates, or trains potential138
adoptive or foster parents for preparation in anticipation of adopting or fostering a139
special needs child. The board shall define the special needs child and set the payment140
amount by rule and regulation. Upon appropriate documentation of these preplacement141
services in a timely manner, payments as set by the board shall be made upon142
enrollment of each potential adoptive or foster parent for such services;143
(8) Staff development and recruitment programs through in-service training and144
educational scholarships for personnel as may be necessary to assure efficient and145
effective administration of the services and care for children and youths authorized in this146
article. The department is authorized to disburse state funds to match federal funds in147
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order to provide qualified employees with graduate or postgraduate educational
148
scholarships in accordance with rules and regulations adopted by the board pursuant to149
Article VIII, Section VII, Paragraph I of the Constitution of Georgia;150
(9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical,151
or dental services or payment of the costs of such services as may be considered152
appropriate and necessary by competent medical authority to those children subject to the153
supervision and control of the department without securing prior consent of parents or154
legal guardians;155
(10) Preparation, education, and training for foster parents which will provide them with156
the appropriate knowledge and skills to provide for the needs of foster children, including157
knowledge and skills relating to the reasonable and prudent parent standard for the158
participation of the child in age or developmentally appropriate activities, and continue159
such preparation, as necessary, after the placement of the children. The department shall160
be authorized to require varying levels of initial and annual training based on the161
experience of the foster parents, the age and needs of the foster child or children, and162
whether the foster parents are providing only respite care. All or part of such training163
may be offered online;164
(11)(A) Each child or youth who has entered foster care, and within 90 days of such
165
entrance, with, a photograph of himself or herself, provided however, that if such child166
or youth is under 14 years of age, then his or her foster parent or placement shall be167
provided a photograph of such child or youth. It shall be the responsibility of the168
Division of Family and Children Services of the department to ensure that each such169
child or youth receives a photograph in accordance with the provisions of this170
paragraph. Provision of records in accordance with this paragraph shall not be171
considered a violation of subsection (b) of Code Section 49-5-40;172
(B) Each child or youth who is 14 years of age or older, has entered foster care, and173
within 90 days of such entrance, with, if such child or youth is eligible, a personal174
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identification card issued pursuant to Code Section 40-5-100. It shall be the175
responsibility of the Division of Family and Children Services of the department to176
ensure that each such eligible child or youth receives a personal identification card in177
accordance with the provisions of this paragraph. Provision of records in accordance178
with this paragraph shall not be considered a violation of subsection (b) of Code179
Section 49-5-40;180
(11)(12) Each youth who is leaving foster care by reason of having attained 18 years of181
age, unless the child has been in foster care for less than six months, with, if the child is182
eligible to receive such document, an official or certified copy of the United States birth183
certificate of the child, a social security card issued by the Commissioner of Social184
Security, health insurance information, a copy of the child's medical records, a driver's185
license or identification card issued by a state in accordance with the requirements of186
Section 202 of the REAL ID Act of 2005, and any official documentation necessary to187
prove that the child was previously in foster care. Provision of records in accordance188
with this paragraph shall not be considered a violation of subsection (b) of Code Section189
49-5-40; and190
(12)(13) Extended care youth services for youths between 18 and 21 years of age as set191
forth in Article 4A of Chapter 11 of Title 15 and to receive federal reimbursement for192
providing such services in accordance with 42 U.S.C. Section 675, as it existed on193
February 1, 2018."194
SECTION 4.195
All laws and parts of laws in conflict with this Act are repealed.196
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