24 LC 57 0063
Senate Bill 401
By: Senators Kirkpatrick of the 32nd, Payne of the 54th, Kennedy of the 18th, Jackson of the
41st, Robertson of the 29th 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 implement the recommendations of the Senate Foster Care and2
Adoption Study Committee; to provide for annual reporting to the General Assembly of3
certain de-identified data from juvenile court clerks relating to foster children who are in4
need of services or delinquent; to remove the service of summons by publication requirement5
at the adjudication phase in dependency proceedings; to repeal Code Section 15-11-163,6
relating to interlocutory order of disposition when summons served by publication; to7
provide that the petition to terminate parental rights be immediately filed and docketed8
without delay when presented to the juvenile court clerk; to provide for related matters; to9
repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile13
code, is amended by revising subsection (d) of Code Section 15-11-64, relating to collection14
of information by juvenile court clerks, reporting requirements, and data collection, as15
follows:16
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"(d) Pursuant to rules adopted by the Supreme Court of Georgia, on and after January 1,
17
2021, each clerk of the juvenile court shall collect data on all cases in which a child alleged18
or adjudicated to be a child in need of services or a delinquent child is placed in foster care19
and has also been alleged or adjudicated to be a dependent child and shall transmit such20
data as required by such rules. On and after April 15, 2025, and annually thereafter, each
21
clerk of the juvenile court shall also transmit such data to the Administrative Office of the22
Courts for the previous calendar year. On and after May 15, 2025, and annually thereafter,23
the Administrative Office of the Courts shall transmit de-identified data together with a24
comprehensive, aggregated permanency report by county to the General Assembly for the25
previous calendar year. Such data shall include, at a minimum, the adherence on each case26
by the court to the time frames contained in Code Section Sections 15-11-102 and27
15-11-322."28
SECTION 2.29
Said chapter is further amended by revising subsection (a) of Code Section 15-11-160,30
relating to issuance of summons in dependency proceedings, as follows:31
"(a) The court shall direct the issuance of a summons to a child if such child is 14 years of32
age or older, such child's parent, guardian, or legal custodian, such child's attorney, such33
child's guardian ad litem, if any, and any other persons who appear to the court to be proper34
or necessary parties to the proceeding, requiring them to appear before the court at the time35
fixed to answer the allegations of the petition alleging dependency. A copy of the petition36
alleging dependency shall accompany the summons unless the summons is served by37
publication, in which case the published summons shall indicate the general nature of the38
allegations and where a copy of the petition alleging dependency can be obtained."39
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SECTION 3.
40
Said chapter is further amended by revising subsections (d), (e), (f), and (g) of Code Section41
15-11-161, relating to service of summons in dependency proceedings, as follows:42
"(d) If, after due diligence, a party to be served with a summons cannot be found and such
43
party's address cannot be ascertained, whether he or she is within or outside this state, the44
court may order service of the summons upon him or her by publication. The adjudication45
hearing shall not be earlier than five days after the date of the last publication the party46
required to be served with a summons cannot be located by personal service after the47
exercise of due diligence, the court may proceed to adjudicate the matter, subject to the48
right of such party to a rehearing. Any rehearing request shall be made in writing with49
notice to all parties.50
(e)(1) Service by publication shall be made once a week for four consecutive weeks in51
the official organ of the county where the petition alleging dependency has been filed. 52
Service shall be deemed complete upon the date of the last publication.53
(2) When served by publication, the notice shall contain the names of the parties, except54
that the anonymity of a child shall be preserved by the use of appropriate initials, and the55
date the petition alleging dependency was filed. The notice shall indicate the general56
nature of the allegations and where a copy of the petition alleging dependency can be57
obtained and require the party to be served by publication to appear before the court at58
the time fixed to answer the allegations of the petition alleging dependency.59
(3) Within 15 days after the filing of the order of service by publication, the clerk of60
court shall mail a copy of the notice, a copy of the order of service by publication, and61
a copy of the petition alleging dependency to the last known address of the party being62
served by publication.63
(f)(e) Service of the summons may be made by any suitable person under the direction of64
the court.65
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(g)(f) The court may authorize the payment from county funds of the costs of service and66
of necessary travel expenses incurred by persons summoned or otherwise required to67
appear at the hearing."68
SECTION 4.69
Said chapter is further amended by repealing Code Section 15-11-163, relating to70
interlocutory order of disposition when summons served by publication in dependency71
proceedings.72
SECTION 5.73
Said chapter is further amended by revising subsection (b) of Code Section 15-11-280,74
relating to termination of parental rights petition, style, contents, and putative father, as75
follows:76
"(b) The petition to terminate parental rights shall be made, verified, and endorsed by the77
court as provided in Article 3 of this chapter for a petition alleging dependency78
immediately filed and docketed without delay when presented to the clerk of the juvenile79
court."80
SECTION 6.81
All laws and parts of laws in conflict with this Act are repealed.82
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