Georgia 2023-2024 Regular Session

Georgia Senate Bill SB387 Compare Versions

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11 24 LC 57 0051
22 Senate Bill 387
33 By: Senators Kirkpatrick of the 32nd, Hatchett of the 50th, Payne of the 54th, Robertson of
44 the 29th, Jackson of the 41st and others
5-AS PASSED
5+AS PASSED SENATE
66 A BILL TO BE ENTITLED
77 AN ACT
88 To amend Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated,
99 1
1010 relating to identification cards for persons without drivers' licenses, so as to provide that2
1111 personal identification card applications of certain applicants who are either homeless or in3
1212 the legal custody of the Division of Family and Children Services do not require signatures4
1313 by the applicant's parent, guardian, or responsible adult; to provide that fees for such cards5
1414 for persons in DFCS custody shall be waived; to amend Article 1 of Chapter 5 of Title 49 of6
1515 the Official Code of Georgia Annotated, relating to children and youth services, so as to7
1616 authorize the Department of Human Services to establish programs that will provide a child8
1717 or youth entering foster care with a photograph; to authorize such department to establish9
1818 programs that will provide certain such child or youth with a personal identification card, if10
1919 eligible; to provide for related matters; to repeal conflicting laws; and for other purposes.11
2020 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
2121 SECTION 1.13
2222 Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to14
2323 identification cards for persons without drivers' licenses, is amended in Code Section15
2424 40-5-100, relating to personal identification cards, contents, possession of more than one card16
2525 S. B. 387
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2727 prohibited, and optional contributions to and participation in voluntary programs, by adding
2828 17
2929 a new subsection to read as follows:18
3030 "(g) Any eligible applicant child or youth 14 to 17 years of age who does not have an
3131 19
3232 address of residence or is in the legal custody of the Division of Family and Children20
3333 Services of the Department of Human Services shall not be required to have a parent,21
3434 guardian, or responsible adult sign or verify the application for an identification card."22
3535 SECTION 2.23
3636 Said article is further amended by revising subsection (c) of Code Section 40-5-103, relating24
3737 to fee, issuance period, exemptions from fees, and renewal, as follows:25
3838 "(c) The department shall not be authorized to collect a fee for an identification card from26
3939 those persons who are entitled to a free veterans' or honorary driver's license under the27
4040 provisions of Code Section 40-5-36, from a child or youth who is in the legal custody of28
4141 the Division of Family and Children Services of the Department of Human Services, or29
4242 from an individual receiving extended care youth services from such division."30
4343 SECTION 3.31
4444 Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to32
4545 children and youth services, is amended by revising subsection (a) of Code Section 49-5-8,33
4646 relating to powers and duties of the Department of Human Services, as follows:34
4747 "(a) The Department of Human Services is authorized and empowered, through its own35
4848 programs and the programs of county or district departments of family and children36
4949 services, to establish, maintain, extend, and improve throughout the state, within the limits37
5050 of funds appropriated therefor, programs that will provide:38
5151 (1) Preventive services as follows:39
5252 (A) Collecting and disseminating information about the problems of children and40
5353 youths and providing consultative assistance to groups, public and private, interested41
5454 S. B. 387
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5656 in developing programs and services for the prevention, control, and treatment of
5757 42
5858 dependency and delinquency among the children of this state; and43
5959 (B) Research and demonstration projects designed to add to the store of information44
6060 about the social and emotional problems of children and youths and improve the45
6161 methods for dealing with these problems;46
6262 (2) Child welfare services as follows:47
6363 (A) Casework services for children and youths and for mothers bearing children out48
6464 of wedlock, whether living in their own homes or elsewhere, to help overcome49
6565 problems that result in dependency or delinquency. The department shall be authorized50
6666 to contract with, certify, or partner with licensed child-placing agencies to assist with51
6767 or provide such casework services;52
6868 (B) Protective services that will investigate complaints of abuse or abandonment of53
6969 children and youths by parents, guardians, custodians, or persons serving in loco54
7070 parentis and, on the basis of the findings of such investigation, offer social services to55
7171 such parents, guardians, custodians, or persons serving in loco parentis in relation to the56
7272 problem or bring the situation to the attention of a law enforcement agency, an57
7373 appropriate court, or another community agency;58
7474 (C) Supervising and providing required services and care involved in the interstate59
7575 placement of children;60
7676 (D) Homemaker service, or payment of the cost of such service, when needed due to61
7777 the absence or incapacity of the mother;62
7878 (E) Boarding care, or payment of maintenance costs, in foster family homes or in63
7979 group-care facilities for children and youths who cannot be adequately cared for in their64
8080 own homes;65
8181 (F) Boarding care or payment of maintenance costs for mothers bearing children out66
8282 of wedlock prior to, during, and for a reasonable period after childbirth;67
8383 S. B. 387
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8585 (G) Day-care services for the care and protection of children whose parents are absent
8686 68
8787 from the home or unable for other reasons to provide parental supervision; and69
8888 (H) Casework services and care to all children and youths where the parent, custodian,70
8989 or guardian has placed such children in the custody of the department by voluntary71
9090 agreement, until such agreement is revoked by the parent, custodian, or guardian upon72
9191 request that such children be returned to the parent, custodian, or guardian or to another73
9292 relative or the voluntary agreement expires; provided, however, that nothing in this74
9393 subparagraph shall prohibit the department from obtaining an order placing such75
9494 children in its custody in accordance with Article 3 of Chapter 11 of Title 15. The76
9595 department shall be authorized to contract with, certify, or partner with licensed77
9696 child-placing agencies to assist with or provide such casework services;78
9797 (3) Services to courts, upon their request, as follows:79
9898 (A) Accepting for casework services and care all children and youths whose legal80
9999 custody is vested in the department by the court;81
100100 (B) Providing shelter or custodial care for children prior to examination and study or82
101101 pending court hearing;83
102102 (C) Making social studies and reports to the court with respect to children and youths84
103103 as to whom petitions have been filed; and85
104104 (D) Providing casework services and care or payment of maintenance costs for children86
105105 and youths who have run away from their home communities within this state, or from87
106106 their home communities in this state to another state, or from their home communities88
107107 in another state to this state; paying the costs of returning such runaway children and89
108108 youths to their home communities; and providing such services, care, or costs for90
109109 runaway children and youths as may be required under Chapter 4B of this title;91
110110 (4) Regional group-care facilities for the purpose of:92
111111 (A) Providing local authorities an alternative to placing any child in a common jail;93
112112 S. B. 387
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114114 (B) Shelter care prior to examination and study or pending a hearing before juvenile
115115 94
116116 court;95
117117 (C) Detention prior to examination and study or pending a hearing before juvenile96
118118 court; and97
119119 (D) Study and diagnosis pending determination of treatment or a hearing before98
120120 juvenile court;99
121121 (5) Facilities designed to afford specialized and diversified programs, such as forestry100
122122 camps, ranches, and group residences, for the care, treatment, and training of children and101
123123 youths of different ages and different emotional, mental, and physical conditions;102
124124 (6) Regulation of child-placing agencies, child-caring institutions, and maternity homes103
125125 by:104
126126 (A) Establishing rules and regulations for and providing consultation on such rules and105
127127 regulations for all such agencies, institutions, and homes; and106
128128 (B) Licensing and inspecting periodically all such agencies, institutions, and homes to107
129129 ensure their adherence to established standards as prescribed by the department;108
130130 (7) Adoption services, as follows:109
131131 (A) Supervising the work of all child-placing agencies when funds are made available;110
132132 (B) Providing services to parents desiring to surrender children for adoption as111
133133 provided for in adoption statutes;112
134134 (C) Providing care or payment of maintenance costs for mothers bearing children out113
135135 of wedlock and children being considered for adoption;114
136136 (D) Inquiring into the character and reputation of persons making application for the115
137137 adoption of children;116
138138 (E) Placing children for adoption;117
139139 (F) Providing financial assistance to families adopting children once the child has been118
140140 placed for adoption, determined eligible for assistance, and the adoption assistance119
141141 agreement has been signed prior to the finalization of the adoption by all parties. 120
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144144 Financial assistance may only be granted for hard-to-place children with physical,
145145 121
146146 mental, or emotional disabilities or with other problems for whom it is difficult to find122
147147 a permanent home. Financial assistance may not exceed 100 percent of the amount that123
148148 would have been paid for boarding such child in a family foster home and for special124
149149 services such as medical care not available through insurance or public facilities. Such125
150150 supplements shall only be available to families who could not provide for the child126
151151 adequately without continued financial assistance. The department may review the127
152152 supplements paid at any time but shall review them at least annually to determine the128
153153 need for continued assistance;129
154154 (G) Providing payment to a licensed child-placing agency which places a child with130
155155 special needs who is under the jurisdiction of the department for adoption. Payment131
156156 may not exceed $5,000.00 for each such adoption arranged by an agency. The board132
157157 shall define the special needs child. One-half of such payment shall be made at the time133
158158 of placement and the remaining amount shall be paid when the adoption is finalized. 134
159159 If the adoption disrupts prior to finalization, the state shall be reimbursed by the135
160160 child-placing agency in an amount calculated on a prorated basis based on length of136
161161 time the child was in the home and the services provided; and137
162162 (H) Providing payment to an agency which recruits, educates, or trains potential138
163163 adoptive or foster parents for preparation in anticipation of adopting or fostering a139
164164 special needs child. The board shall define the special needs child and set the payment140
165165 amount by rule and regulation. Upon appropriate documentation of these preplacement141
166166 services in a timely manner, payments as set by the board shall be made upon142
167167 enrollment of each potential adoptive or foster parent for such services;143
168168 (8) Staff development and recruitment programs through in-service training and144
169169 educational scholarships for personnel as may be necessary to assure efficient and145
170170 effective administration of the services and care for children and youths authorized in this146
171171 article. The department is authorized to disburse state funds to match federal funds in147
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174174 order to provide qualified employees with graduate or postgraduate educational
175175 148
176176 scholarships in accordance with rules and regulations adopted by the board pursuant to149
177177 Article VIII, Section VII, Paragraph I of the Constitution of Georgia;150
178178 (9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical,151
179179 or dental services or payment of the costs of such services as may be considered152
180180 appropriate and necessary by competent medical authority to those children subject to the153
181181 supervision and control of the department without securing prior consent of parents or154
182182 legal guardians;155
183183 (10) Preparation, education, and training for foster parents which will provide them with156
184184 the appropriate knowledge and skills to provide for the needs of foster children, including157
185185 knowledge and skills relating to the reasonable and prudent parent standard for the158
186186 participation of the child in age or developmentally appropriate activities, and continue159
187187 such preparation, as necessary, after the placement of the children. The department shall160
188188 be authorized to require varying levels of initial and annual training based on the161
189189 experience of the foster parents, the age and needs of the foster child or children, and162
190190 whether the foster parents are providing only respite care. All or part of such training163
191191 may be offered online;164
192192 (11)(A) Each child or youth who has entered foster care, and within 90 days of such
193193 165
194194 entrance, with, a photograph of himself or herself, provided however, that if such child166
195195 or youth is under 14 years of age, then his or her foster parent or placement shall be167
196196 provided a photograph of such child or youth. It shall be the responsibility of the168
197197 Division of Family and Children Services of the department to ensure that each such169
198198 child or youth receives a photograph in accordance with the provisions of this170
199199 paragraph. Provision of records in accordance with this paragraph shall not be171
200200 considered a violation of subsection (b) of Code Section 49-5-40;172
201201 (B) Each child or youth who is 14 years of age or older, has entered foster care, and173
202202 within 90 days of such entrance, with, if such child or youth is eligible, a personal174
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205205 identification card issued pursuant to Code Section 40-5-100. It shall be the175
206206 responsibility of the Division of Family and Children Services of the department to176
207207 ensure that each such eligible child or youth receives a personal identification card in177
208208 accordance with the provisions of this paragraph. Provision of records in accordance178
209209 with this paragraph shall not be considered a violation of subsection (b) of Code179
210210 Section 49-5-40;180
211211 (11)(12) Each youth who is leaving foster care by reason of having attained 18 years of181
212212 age, unless the child has been in foster care for less than six months, with, if the child is182
213213 eligible to receive such document, an official or certified copy of the United States birth183
214214 certificate of the child, a social security card issued by the Commissioner of Social184
215215 Security, health insurance information, a copy of the child's medical records, a driver's185
216216 license or identification card issued by a state in accordance with the requirements of186
217217 Section 202 of the REAL ID Act of 2005, and any official documentation necessary to187
218218 prove that the child was previously in foster care. Provision of records in accordance188
219219 with this paragraph shall not be considered a violation of subsection (b) of Code Section189
220220 49-5-40; and190
221221 (12)(13) Extended care youth services for youths between 18 and 21 years of age as set191
222222 forth in Article 4A of Chapter 11 of Title 15 and to receive federal reimbursement for192
223223 providing such services in accordance with 42 U.S.C. Section 675, as it existed on193
224224 February 1, 2018."194
225225 SECTION 4.195
226226 All laws and parts of laws in conflict with this Act are repealed.196
227227 S. B. 387
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