Georgia 2023-2024 Regular Session

Georgia Senate Bill SB401 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 SB 401/AP
	1	+	24 SB 401/CSFA
2	2		Senate Bill 401
3	3		By: Senators Kirkpatrick of the 32nd, Payne of the 54th, Kennedy of the 18th, Jackson of the
4	4		41st, Robertson of the 29th 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 require each juvenile court to collect data on cases in which a child2
11	11		alleged or adjudicated to be dependent is placed in foster care; to require that each such court3
12	12		collect data for submission to the Administrative Office of the Courts to be incorporated into4
13	13		the Georgia Juvenile Data Exchange; to specify what kind of data must be collected and5
14	14		submitted; to require each such court to maintain a docket readily accessible by the parties6
15	15		to a proceeding; to require the Administrative Office of the Courts to annually submit7
16	16		de-identified data in a report organized by county to the General Assembly for the previous8
17	17		calendar year; to provide that the petition to terminate parental rights be immediately filed9
18	18		and docketed without delay when presented to the juvenile court clerk; to provide for related10
19	19		matters; to repeal conflicting laws; and for other purposes.11
20	20		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
21	21		SECTION 1.13
22	22		Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile14
23	23		code, is amended by revising subsection (d) of Code Section 15-11-64, relating to collection15
24	24		S. B. 401
25		-	- 1 - 24 SB 401/AP
	25	+	- 1 - 24 SB 401/CSFA
26	26		of information by juvenile court clerks, reporting requirement, and data collection, as
27	27		16
28	28		follows:17
29	29		"(d) Pursuant to rules adopted by the Supreme Court of Georgia, on and after January 1,18
30	30		2021, each clerk of the juvenile court shall collect data on all cases in which a child alleged19
31	31		or adjudicated to be a child in need of services or a delinquent child is placed in foster care20
32	32		and has also been alleged or adjudicated to be a dependent child and shall transmit such21
33	33		data as required by such rules. Such data shall include, at a minimum, the adherence on
34	34		22
35	35		each case by the court to the time frames contained in Code Section 15-11-102."23
36	36		SECTION 2.24
37	37		Said chapter is further amended by adding a new Code section to read as follows:25
38	38		"15-11-64.1.26
39	39		(a) Each juvenile court shall collect data on all cases in which a child alleged or27
40	40		adjudicated to be a dependent child is placed in foster care. Data collected shall be28
41	41		electronically submitted by the clerk of the juvenile court, or the clerk of the superior court29
42	42		performing the functions of the clerk of the juvenile court, in a form and format specified30
43	43		by the Administrative Office of the Courts and incorporated into the Georgia Juvenile Data31
44	44		Exchange or any such successor centralized data base maintained by the Administrative32
45	45		Office of the Courts.33
46	46		(b) Each juvenile court shall collect information as data elements for submission to the34
47	47		Administrative Office of the Courts to be incorporated into the Georgia Juvenile Data35
48	48		Exchange. Such information shall include, but is not limited to:36
49	49		(1) Date upon which the child is placed in the legal custody of the department;37
50	50		(2) Date upon which a dependency petition is filed;38
51	51		(3) Date upon which an attorney for the child is appointed;39
52	52		(4) Date upon which a guardian ad litem for the child is appointed;40
53	53		(5) Date upon which the preliminary protective hearing is held;41
54	54		S. B. 401
55		-	- 2 - 24 SB 401/AP
	55	+	- 2 - 24 SB 401/CSFA
56	56		(6) Date or dates upon which an adjudication hearing is initiated and completed and the42
57	57		date the order is entered;43
58	58		(7) Date or dates upon which a disposition hearing is initiated and completed and the44
59	59		date the order is entered;45
60	60		(8) Date of the initial review hearing;46
61	61		(9) Date of any additional periodic review hearing;47
62	62		(10) Date of the initial permanency hearing;48
63	63		(11) Date or dates upon which any permanency plan hearing is initiated and completed49
64	64		and the date the order is entered;50
65	65		(12) Date upon which any order is entered, together with an identifier of said order;51
66	66		(13) Date upon which the department files any written report, including, but not limited52
67	67		to, a case plan;53
68	68		(14) Date upon which any petition to terminate parental rights is filed;54
69	69		(15) Date or dates upon which a hearing on a petition to terminate parental rights is55
70	70		initiated and completed and the date the order is entered;56
71	71		(16) Date upon which a child is returned to the custody of his or her parent, guardian, or57
72	72		legal custodian pursuant to a protective order, if applicable;58
73	73		(17) Date upon which any order of guardianship is entered;59
74	74		(18) If applicable, the date upon which a child is returned to the custody of his or her60
75	75		parent, guardian, or legal custodian without a protective order;61
76	76		(19) Date upon which the department is relieved of legal custody of the child;62
77	77		(20) The court's adherence on each case to the time limitations as required by Code63
78	78		Sections 15-11-102, 15-11-301, and 15-11-322;64
79	79		(21) In a termination of parental rights proceeding or a proceeding pursuant to Code65
80	80		Section 15-11-102, the date upon which any order granting a continuance is entered,66
81	81		together with a factual basis upon which such continuance is granted; and67
82	82		S. B. 401
83		-	- 3 - 24 SB 401/AP
	83	+	- 3 - 24 SB 401/CSFA
84	84		(22) Such additional data as may be required pursuant to the rules adopted by the68
85	85		Supreme Court of Georgia.69
86	86		(c) Each juvenile court shall maintain a docket readily accessible by the parties to a70
87	87		proceeding and shall utilize its local case management system to collect the required data71
88	88		elements as provided in subsection (b) of this Code section. All such required data elements72
89	89		shall be submitted through a regularly scheduled data upload into the Georgia Juvenile73
90	90		Data Exchange at the maximum frequency allowed by local case management system74
91	91		parameters; provided, however, that such upload shall occur no less than once per week.75
92	92		(d) On or before April 15, 2025, and annually thereafter, the Administrative Office of the76
93	93		Courts shall electronically submit the de-identified data collected, together with a77
94	94		comprehensive, aggregated permanency report organized by county, to the General78
95	95		Assembly for the previous calendar year. Copies of such data and such report shall be79
96	96		electronically provided to the Lieutenant Governor, the Speaker of the House of80
97	97		Representatives, the chairperson of the House Committee on Appropriations, the81
98	98		chairperson of the Senate Appropriations Committee, the chairperson of the House82
99	99		Committee on Juvenile Justice, and the chairperson of the Senate Children and Families83
100	100		Committee."84
101	101		SECTION 3.85
102	102		Said chapter is further amended by revising subsection (b) of Code Section 15-11-280,86
103	103		relating to termination of parental rights petition, style, contents, and putative father, as87
104	104		follows:88
105	105		"(b) The petition to terminate parental rights shall be made, verified, and endorsed by the89
106	106		court as provided in Article 3 of this chapter for a petition alleging dependency90
107	107		immediately filed and docketed without delay when presented to the clerk of the juvenile91
108	108		court."92
109	109		S. B. 401
110		-	- 4 - 24 SB 401/AP
	110	+	- 4 - 24 SB 401/CSFA
111	111		SECTION 4.
112	112		93
113	113		All laws and parts of laws in conflict with this Act are repealed.94
114	114		S. B. 401
115	115		- 5 -