Georgia 2023-2024 Regular Session

Georgia Senate Bill SB483 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		24 LC 57 0082
2	2		Senate Bill 483
3	3		By: Senators Hatchett of the 50th, Kirkpatrick of the 32nd and Tillery of the 19th
4		-	AS PASSED
	4	+	AS PASSED SENATE
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		To amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to
8	8		1
9	9		enter into the Interstate Compact for the Placement of Children; to provide for a short title;2
10	10		to provide for definitions; to provide for the provisions of the compact; to provide for the3
11	11		present compact to remain in effect until the effective date of the new compact and to provide4
12	12		for automatic repeal; to amend the Official Code of Georgia Annotated so as to provide for5
13	13		conforming changes; to provide for related matters; to provide for an effective date and6
14	14		contingent effectiveness; to repeal conflicting laws; and for other purposes.7
15	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
16	16		SECTION 1.9
17	17		Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding10
18	18		a new chapter to read as follows:11
19	19		S. B. 483
20	20		- 1 - 24 LC 57 0082
21	21		"CHAPTER 4A12
22	22		39-4A-1.13
23	23		This chapter shall be known and may be cited as the 'Interstate Compact for the Placement14
24	24		of Children Act.'15
25	25		39-4A-2.16
26	26		As used in Article III of the Interstate Compact for the Placement of Children contained17
27	27		in Code Section 39-4A-7, the term 'deprived' means, with reference to this state, the same18
28	28		as the term 'dependent child' as defined in Code Section 15-11-2.19
29	29		39-4A-3.20
30	30		As defined in Article II of the Interstate Compact for the Placement of Children contained21
31	31		in Code Section 39-4A-7, the phrase 'non-relative with such significant ties to the child that22
32	32		they may be regarded as relatives' means, with reference to this state, the same as the term23
33	33		'fictive kin' as defined in Code Section 15-11-2.24
34	34		39-4A-4.25
35	35		As defined in Article II of the Interstate Compact for the Placement of Children contained26
36	36		in Code Section 39-4A-7, the term 'public child placing agency' means, with reference to27
37	37		this state, the Department of Human Services.28
38	38		39-4A-5.29
39	39		As used in Article VIII of the Interstate Compact for the Placement of Children contained30
40	40		in Code Section 39-4A-7, the term 'state human services administration' means, with31
41	41		reference to this state, the Department of Human Services.32
42	42		S. B. 483
43	43		- 2 - 24 LC 57 0082
44	44		39-4A-6.33
45	45		As used in Article III of the Interstate Compact for the Placement of Children contained34
46	46		in Code Section 39-4A-7, the term 'unmanageable' means, with reference to this state, the35
47	47		same as the term 'child in need of services' as defined in Code Section 15-11-2.36
48	48		39-4A-7.37
49	49		The Interstate Compact for the Placement of Children is enacted into law and entered into38
50	50		with all other jurisdictions legally joining therein in the form substantially as follows:39
51	51		'ARTICLE 1. PURPOSE.40
52	52		The purpose of this Interstate Compact for the Placement of Children is to:41
53	53		(a) Provide a process through which children subject to this compact are placed in safe and42
54	54		suitable homes in a timely manner.43
55	55		(b) Facilitate ongoing supervision of a placement, the delivery of services, and44
56	56		communication between the states.45
57	57		(c) Provide operating procedures that will ensure that children are placed in safe and46
58	58		suitable homes in a timely manner.47
59	59		(d) Provide for the promulgation and enforcement of administrative rules implementing48
60	60		the provisions of this compact and regulating the covered activities of the member states.49
61	61		(e) Provide for uniform data collection and information sharing between member states50
62	62		under this compact.51
63	63		(f) Promote coordination between this compact, the Interstate Compact for Juveniles, the52
64	64		Interstate Compact on Adoption and Medical Assistance and other compacts affecting the53
65	65		placement of and which provide services to children otherwise subject to this compact.54
66	66		(g) Provide for a state's continuing legal jurisdiction and responsibility for placement and55
67	67		care of a child that it would have had if the placement were intrastate.56
68	68		S. B. 483
69	69		- 3 - 24 LC 57 0082
70	70		(h) Provide for the promulgation of guidelines, in collaboration with Indian tribes, for57
71	71		interstate cases involving Indian children as is or may be permitted by federal law.58
72	72		ARTICLE II. DEFINITIONS.59
73	73		As used in this compact,60
74	74		(a) 'Approved placement' means the public child placing agency in the receiving state has61
75	75		determined that the placement is both safe and suitable for the child.62
76	76		(b) 'Assessment' means an evaluation of a prospective placement by a public child placing63
77	77		agency in the receiving state to determine if the placement meets the individualized needs64
78	78		of the child, including but not limited to the child's safety and stability, health and65
79	79		well-being, and mental, emotional, and physical development. An assessment is only66
80	80		applicable to a placement by a public child placing agency.67
81	81		(c) 'Child' means an individual who has not attained the age of eighteen (18).68
82	82		(d) 'Certification' means to attest, declare or swear to before a judge or notary public.69
83	83		(e) 'Default' means the failure of a member state to perform the obligations or70
84	84		responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate71
85	85		Commission.72
86	86		(f) 'Home Study' means an evaluation of a home environment conducted in accordance73
87	87		with the applicable requirements of the state in which the home is located, and documents74
88	88		the preparation and the suitability of the placement resource for placement of a child in75
89	89		accordance with the laws and requirements of the state in which the home is located.76
90	90		(g) 'Indian tribe' means any Indian tribe, band, nation, or other organized group or77
91	91		community of Indians recognized as eligible for services provided to Indians by the78
92	92		Secretary of the Interior because of their status as Indians, including any Alaskan native79
93	93		village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 4380
94	94		USC §1602(c).81
95	95		S. B. 483
96	96		- 4 - 24 LC 57 0082
97	97		(h) 'Interstate Commission for the Placement of Children' means the commission that is82
98	98		created under Article VIII of this compact and which is generally referred to as the83
99	99		Interstate Commission.84
100	100		(i) 'Jurisdiction' means the power and authority of a court to hear and decide matters.85
101	101		(j) 'Legal Risk Placement' ('Legal Risk Adoption') means a placement made preliminary86
102	102		to an adoption where the prospective adoptive parents acknowledge in writing that a child87
103	103		can be ordered returned to the sending state or the birth mother's state of residence, if88
104	104		different from the sending state, and a final decree of adoption shall not be entered in any89
105	105		jurisdiction until all required consents are obtained or are dispensed with in accordance90
106	106		with applicable law.91
107	107		(k) 'Member state' means a state that has enacted this compact.92
108	108		(l) 'Non-custodial parent' means a person who, at the time of the commencement of court93
109	109		proceedings in the sending state, does not have sole legal custody of the child or has joint94
110	110		legal custody of a child, and who is not the subject of allegations or findings of child abuse95
111	111		or neglect.96
112	112		(m) 'Non-member state' means a state which has not enacted this compact.97
113	113		(n) 'Notice of residential placement' means information regarding a placement into a98
114	114		residential facility provided to the receiving state including, but not limited to the name,99
115	115		date and place of birth of the child, the identity and address of the parent or legal guardian,100
116	116		evidence of authority to make the placement, and the name and address of the facility in101
117	117		which the child will be placed. Notice of residential placement shall also include102
118	118		information regarding a discharge and any unauthorized absence from the facility.103
119	119		(o) 'Placement' means the act by a public or private child placing agency intended to104
120	120		arrange for the care or custody of a child in another state.105
121	121		(p) 'Private child placing agency' means any private corporation, agency, foundation,106
122	122		institution, or charitable organization, or any private person or attorney that facilitates,107
123	123		S. B. 483
124	124		- 5 - 24 LC 57 0082
125	125		causes, or is involved in the placement of a child from one state to another and that is not108
126	126		an instrumentality of the state or acting under color of state law.109
127	127		(q) 'Provisional placement' means a determination made by the public child placing agency110
128	128		in the receiving state that the proposed placement is safe and suitable, and, to the extent111
129	129		allowable, the receiving state has temporarily waived its standards or requirements112
130	130		otherwise applicable to prospective foster or adoptive parents so as to not delay the113
131	131		placement. Completion of the receiving state requirements regarding training for114
132	132		prospective foster or adoptive parents shall not delay an otherwise safe and suitable115
133	133		placement.116
134	134		(r) 'Public child placing agency' means any government child welfare agency or child117
135	135		protection agency or a private entity under contract with such an agency, regardless of118
136	136		whether they act on behalf of a state, county, municipality or other governmental unit and119
137	137		which facilitates, causes, or is involved in the placement of a child from one state to120
138	138		another.121
139	139		(s) 'Receiving state' means the state to which a child is sent, brought, or caused to be sent122
140	140		or brought.123
141	141		(t) 'Relative' means someone who is related to the child as a parent, stepparent, sibling by124
142	142		half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a125
143	143		non-relative with such significant ties to the child that they may be regarded as relatives126
144	144		as determined by the court in the sending state.127
145	145		(u) 'Residential Facility' means a facility providing a level of care that is sufficient to128
146	146		substitute for parental responsibility or foster care, and is beyond what is needed for129
147	147		assessment or treatment of an acute condition. For purposes of the compact, residential130
148	148		facilities do not include institutions primarily educational in character, hospitals or other131
149	149		medical facilities.132
150	150		(v) 'Rule' means a written directive, mandate, standard or principle issued by the Interstate133
151	151		Commission promulgated pursuant to Article XI of this compact that is of general134
152	152		S. B. 483
153	153		- 6 - 24 LC 57 0082
154	154		applicability and that implements, interprets or prescribes a policy or provision of the135
155	155		compact. 'Rule' has the force and effect of an administrative rule in a member state, and136
156	156		includes the amendment, repeal, or suspension of an existing rule.137
157	157		(w) 'Sending state' means the state from which the placement of a child is initiated.138
158	158		(x) 'Service member's permanent duty station' means the military installation where an139
159	159		active duty Armed Services member is currently assigned and is physically located under140
160	160		competent orders that do not specify the duty as temporary.141
161	161		(y) 'Service member's state of legal residence' means the state in which the active duty142
162	162		Armed Services member is considered a resident for tax and voting purposes.143
163	163		(z) 'State' means a state of the United States, the District of Columbia, the Commonwealth144
164	164		of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas145
165	165		Islands and any other territory of the United States.146
166	166		(aa) 'State court' means a judicial body of a state that is vested by law with responsibility147
167	167		for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses148
168	168		of individuals who have not attained the age of eighteen (18).149
169	169		(bb) 'Supervision' means monitoring provided by the receiving state once a child has been150
170	170		placed in a receiving state pursuant to this compact.151
171	171		ARTICLE III. APPLICABILITY.152
172	172		(a) Except as otherwise provided in Article III, subsection (b), this compact shall apply to:153
173	173		(1) The interstate placement of a child subject to ongoing court jurisdiction in the154
174	174		sending state, due to allegations or findings that the child has been abused, neglected, or155
175	175		deprived as defined by the laws of the sending state, provided, however, that the156
176	176		placement of such a child into a residential facility shall only require notice of residential157
177	177		placement to the receiving state prior to placement.158
178	178		S. B. 483
179	179		- 7 - 24 LC 57 0082
180	180		(2) The interstate placement of a child adjudicated delinquent or unmanageable based159
181	181		on the laws of the sending state and subject to ongoing court jurisdiction of the sending160
182	182		state if:161
183	183		(A) the child is being placed in a residential facility in another member state and is not162
184	184		covered under another compact; or163
185	185		(B) the child is being placed in another member state and the determination of safety164
186	186		and suitability of the placement and services required is not provided through another165
187	187		compact.166
188	188		(3) The interstate placement of any child by a public child placing agency or private167
189	189		child placing agency as defined in this compact as a preliminary step to a possible168
190	190		adoption.169
191	191		(b) The provisions of this compact shall not apply to:170
192	192		(1) The interstate placement of a child in a custody proceeding in which a public child171
193	193		placing agency is not a party, provided, the placement is not intended to effectuate an172
194	194		adoption.173
195	195		(2) The interstate placement of a child with a non-relative in a receiving state by a parent174
196	196		with the legal authority to make such a placement provided, however, that the placement175
197	197		is not intended to effectuate an adoption.176
198	198		(3) The interstate placement of a child by one relative with the lawful authority to make177
199	199		such a placement directly with a relative in a receiving state.178
200	200		(4) The placement of a child, not subject to Article III, subsection (a), into a residential179
201	201		facility by his parent.180
202	202		(5) The placement of a child with a non-custodial parent provided that:181
203	203		(A) The non-custodial parent proves to the satisfaction of a court in the sending state182
204	204		a substantial relationship with the child; and183
205	205		(B) The court in the sending state makes a written finding that placement with the184
206	206		non-custodial parent is in the best interests of the child; and185
207	207		S. B. 483
208	208		- 8 - 24 LC 57 0082
209	209		(C) The court in the sending state dismisses its jurisdiction in interstate placements in186
210	210		which the public child placing agency is a party to the proceeding.187
211	211		(6) A child entering the United States from a foreign country for the purpose of adoption188
212	212		or leaving the United States to go to a foreign country for the purpose of adoption in that189
213	213		country.190
214	214		(7) Cases in which a U.S. citizen child living overseas with his family, at least one of191
215	215		whom is in the U.S. Armed Services, and who is stationed overseas, is removed and192
216	216		placed in a state.193
217	217		(8) The sending of a child by a public child placing agency or a private child placing194
218	218		agency for a visit as defined by the rules of the Interstate Commission.195
219	219		(c) For purposes of determining the applicability of this compact to the placement of a196
220	220		child with a family in the Armed Services, the public child placing agency or private child197
221	221		placing agency may choose the state of the service member's permanent duty station or the198
222	222		service member's declared legal residence.199
223	223		(d) Nothing in this compact shall be construed to prohibit the concurrent application of the200
224	224		provisions of this compact with other applicable interstate compacts including the Interstate201
225	225		Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance.202
226	226		The Interstate Commission may in cooperation with other interstate compact commissions203
227	227		having responsibility for the interstate movement, placement or transfer of children,204
228	228		promulgate like rules to ensure the coordination of services, timely placement of children,205
229	229		and the reduction of unnecessary or duplicative administrative or procedural requirements.206
230	230		ARTICLE IV. JURISDICTION.207
231	231		(a) Except as provided in Article IV, subsection (h) and Article V, subsection (b),208
232	232		paragraph two and three concerning private and independent adoptions, and in interstate209
233	233		placements in which the public child placing agency is not a party to a custody proceeding,210
234	234		the sending state shall retain jurisdiction over a child with respect to all matters of custody211
235	235		S. B. 483
236	236		- 9 - 24 LC 57 0082
237	237		and disposition of the child which it would have had if the child had remained in the212
238	238		sending state. Such jurisdiction shall also include the power to order the return of the child213
239	239		to the sending state.214
240	240		(b) When an issue of child protection or custody is brought before a court in the receiving215
241	241		state, such court shall confer with the court of the sending state to determine the most216
242	242		appropriate forum for adjudication.217
243	243		(c) In cases that are before courts and subject to this compact, the taking of testimony for218
244	244		hearings before any judicial officer may occur in person or by telephone, audio-video219
245	245		conference, or such other means as approved by the rules of the Interstate Commission; and220
246	246		Judicial officers may communicate with other judicial officers and persons involved in the221
247	247		interstate process as may be permitted by their Canons of Judicial Conduct and any rules222
248	248		promulgated by the Interstate Commission.223
249	249		(d) In accordance with its own laws, the court in the sending state shall have authority to224
250	250		terminate its jurisdiction if:225
251	251		(1) The child is reunified with the parent in the receiving state who is the subject of226
252	252		allegations or findings of abuse or neglect, only with the concurrence of the public child227
253	253		placing agency in the receiving state; or228
254	254		(2) The child is adopted; or229
255	255		(3) The child reaches the age of majority under the laws of the sending state; or230
256	256		(4) The child achieves legal independence pursuant to the laws of the sending state; or231
257	257		(5) A guardianship is created by a court in the receiving state with the concurrence of the232
258	258		court in the sending state; or233
259	259		(6) An Indian tribe has petitioned for and received jurisdiction from the court in the234
260	260		sending state; or235
261	261		(7) The public child placing agency of the sending state requests termination and has236
262	262		obtained the concurrence of the public child placing agency in the receiving the state.237
263	263		S. B. 483
264	264		- 10 - 24 LC 57 0082
265	265		(e) When a sending state court terminates its jurisdiction, the receiving state child placing238
266	266		agency shall be notified.239
267	267		(f) Nothing in this article shall defeat a claim of jurisdiction by a receiving state court240
268	268		sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child241
269	269		as defined by the laws of the receiving state committed by the child in the receiving state242
270	270		which would be a violation of its laws.243
271	271		(g) Nothing in this article shall limit the receiving state's ability to take emergency244
272	272		jurisdiction for the protection of the child.245
273	273		(h) The substantive laws of the state in which an adoption will be finalized shall solely246
274	274		govern all issues relating to the adoption of the child and the court in which the adoption247
275	275		proceeding is filed shall have subject matter jurisdiction regarding all substantive issues248
276	276		relating to the adoption, except:249
277	277		(1) when the child is a ward of another court that established jurisdiction over the child250
278	278		prior to the placement; or251
279	279		(2) when the child is in the legal custody of a public agency in the sending state; or252
280	280		(3) when a court in the sending state has otherwise appropriately assumed jurisdiction253
281	281		over the child, prior to the submission of the request for approval of placement.254
282	282		(i) A final decree of adoption shall not be entered in any jurisdiction until the placement255
283	283		is authorized as an 'approved placement' by the public child placing agency in the receiving256
284	284		state.257
285	285		ARTICLE V. PLACEMENT EVALUATION.258
286	286		(a) Prior to sending, bringing, or causing a child to be sent or brought into a receiving259
287	287		state, the public child placing agency shall provide a written request for assessment to the260
288	288		receiving state.261
289	289		(b) For placements by a private child placing agency, a child may be sent or brought, or262
290	290		caused to be sent or brought, into a receiving state, upon receipt and immediate review of263
291	291		S. B. 483
292	292		- 11 - 24 LC 57 0082
293	293		the required content in a request for approval of a placement in both the sending and264
294	294		receiving state public child placing agency. The required content to accompany a request265
295	295		for approval shall include all of the following:266
296	296		(1) A request for approval identifying the child, birth parent(s), the prospective adoptive267
297	297		parent(s), and the supervising agency, signed by the person requesting approval; and268
298	298		(2) The appropriate consents or relinquishments signed by the birth parents in269
299	299		accordance with the laws of the sending state, or where permitted the laws of the state270
300	300		where the adoption will be finalized; and271
301	301		(3) Certification by a licensed attorney or authorized agent of a private adoption agency272
302	302		that the consent or relinquishment is in compliance with the applicable laws of the273
303	303		sending state, or where permitted the laws of the state where finalization of the adoption274
304	304		will occur; and275
305	305		(4) A home study; and276
306	306		(5) An acknowledgment of legal risk signed by the prospective adoptive parents.277
307	307		(c) The sending state and the receiving state may request additional information or278
308	308		documents prior to finalization of an approved placement, but they may not delay travel279
309	309		by the prospective adoptive parents with the child if the required content for approval has280
310	310		been submitted, received and reviewed by the public child placing agency in both the281
311	311		sending state and the receiving state.282
312	312		(d) Approval from the public child placing agency in the receiving state for a provisional283
313	313		or approved placement is required as provided for in the rules of the Interstate Commission.284
314	314		(e) The procedures for making and the request for an assessment shall contain all285
315	315		information and be in such form as provided for in the rules of the Interstate Commission.286
316	316		(f) Upon receipt of a request from the public child placing agency of the sending state, the287
317	317		receiving state shall initiate an assessment of the proposed placement to determine its288
318	318		safety and suitability. If the proposed placement is a placement with a relative, the public289
319	319		S. B. 483
320	320		- 12 - 24 LC 57 0082
321	321		child placing agency of the sending state may request a determination for a provisional290
322	322		placement.291
323	323		(g) The public child placing agency in the receiving state may request from the public292
324	324		child placing agency or the private child placing agency in the sending state, and shall be293
325	325		entitled to receive supporting or additional information necessary to complete the294
326	326		assessment or approve the placement.295
327	327		(h) The public child placing agency in the receiving state shall approve a provisional296
328	328		placement and complete or arrange for the completion of the assessment within the297
329	329		timeframes established by the rules of the Interstate Commission.298
330	330		(i) For a placement by a private child placing agency, the sending state shall not impose299
331	331		any additional requirements to complete the home study that are not required by the300
332	332		receiving state, unless the adoption is finalized in the sending state.301
333	333		(j) The Interstate Commission may develop uniform standards for the assessment of the302
334	334		safety and suitability of interstate placements.303
335	335		ARTICLE VI. PLACEMENT AUTHORITY.304
336	336		(a) Except as otherwise provided in this Compact, no child subject to this compact shall305
337	337		be placed into a receiving state until approval for such placement is obtained.306
338	338		(b) If the public child placing agency in the receiving state does not approve the proposed307
339	339		placement then the child shall not be placed. The receiving state shall provide written308
340	340		documentation of any such determination in accordance with the rules promulgated by the309
341	341		Interstate Commission. Such determination is not subject to judicial review in the sending310
342	342		state.311
343	343		(c) If the proposed placement is not approved, any interested party shall have standing to312
344	344		seek an administrative review of the receiving state's determination.313
345	345		S. B. 483
346	346		- 13 - 24 LC 57 0082
347	347		(1) The administrative review and any further judicial review associated with the314
348	348		determination shall be conducted in the receiving state pursuant to its applicable315
349	349		Administrative Procedures Act.316
350	350		(2) If a determination not to approve the placement of the child in the receiving state is317
351	351		overturned upon review, the placement shall be deemed approved, provided however that318
352	352		all administrative or judicial remedies have been exhausted or the time for such remedies319
353	353		has passed.320
354	354		ARTICLE VII. PLACING AGENCY RESPONSIBILITY.321
355	355		(a) For the interstate placement of a child made by a public child placing agency or state322
356	356		court:323
357	357		(1) The public child placing agency in the sending state shall have financial324
358	358		responsibility for:325
359	359		(A) the ongoing support and maintenance for the child during the period of the326
360	360		placement, unless otherwise provided for in the receiving state; and327
361	361		(B) as determined by the public child placing agency in the sending state, services for328
362	362		the child beyond the public services for which the child is eligible in the receiving state.329
363	363		(2) The receiving state shall only have financial responsibility for:330
364	364		(A) any assessment conducted by the receiving state; and331
365	365		(B) supervision conducted by the receiving state at the level necessary to support the332
366	366		placement as agreed upon by the public child placing agencies of the receiving and333
367	367		sending state.334
368	368		(3) Nothing in this provision shall prohibit public child placing agencies in the sending335
369	369		state from entering into agreements with licensed agencies or persons in the receiving336
370	370		state to conduct assessments and provide supervision.337
371	371		(b) For the placement of a child by a private child placing agency preliminary to a possible338
372	372		adoption, the private child placing agency shall be:339
373	373		S. B. 483
374	374		- 14 - 24 LC 57 0082
375	375		(1) Legally responsible for the child during the period of placement as provided for in340
376	376		the law of the sending state until the finalization of the adoption.341
377	377		(2) Financially responsible for the child absent a contractual agreement to the contrary.342
378	378		(c) The public child placing agency in the receiving state shall provide timely assessments,343
379	379		as provided for in the rules of the Interstate Commission.344
380	380		(d) The public child placing agency in the receiving state shall provide, or arrange for the345
381	381		provision of, supervision and services for the child, including timely reports, during the346
382	382		period of the placement.347
383	383		(e) Nothing in this compact shall be construed as to limit the authority of the public child348
384	384		placing agency in the receiving state from contracting with a licensed agency or person in349
385	385		the receiving state for an assessment or the provision of supervision or services for the350
386	386		child or otherwise authorizing the provision of supervision or services by a licensed agency351
387	387		during the period of placement.352
388	388		(f) Each member state shall provide for coordination among its branches of government353
389	389		concerning the state's participation in, and compliance with, the compact and Interstate354
390	390		Commission activities, through the creation of an advisory council or use of an existing355
391	391		body or board.356
392	392		(g) Each member state shall establish a central state compact office, which shall be357
393	393		responsible for state compliance with the compact and the rules of the Interstate358
394	394		Commission.359
395	395		(h) The public child placing agency in the sending state shall oversee compliance with the360
396	396		provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements subject361
397	397		to the provisions of this compact, prior to placement.362
398	398		(i) With the consent of the Interstate Commission, states may enter into limited agreements363
399	399		that facilitate the timely assessment and provision of services and supervision of364
400	400		placements under this compact.365
401	401		S. B. 483
402	402		- 15 - 24 LC 57 0082
403	403		ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF366
404	404		CHILDREN.367
405	405		The member states hereby establish, by way of this compact, a commission known as the368
406	406		'Interstate Commission for the Placement of Children.' The activities of the Interstate369
407	407		Commission are the formation of public policy and are a discretionary state function. The370
408	408		Interstate Commission shall:371
409	409		(a) Be a joint commission of the member states and shall have the responsibilities, powers372
410	410		and duties set forth herein, and such additional powers as may be conferred upon it by373
411	411		subsequent concurrent action of the respective legislatures of the member states.374
412	412		(b) Consist of one commissioner from each member state who shall be appointed by the375
413	413		executive head of the state human services administration with ultimate responsibility for376
414	414		the child welfare program. The appointed commissioner shall have the legal authority to377
415	415		vote on policy related matters governed by this compact binding the state.378
416	416		(1) Each member state represented at a meeting of the Interstate Commission is entitled379
417	417		to one vote.380
418	418		(2) A majority of the member states shall constitute a quorum for the transaction of381
419	419		business, unless a larger quorum is required by the bylaws of the Interstate Commission.382
420	420		(3) A representative shall not delegate a vote to another member state.383
421	421		(4) A representative may delegate voting authority to another person from their state for384
422	422		a specified meeting.385
423	423		(c) In addition to the commissioners of each member state, the Interstate Commission shall386
424	424		include persons who are members of interested organizations as defined in the bylaws or387
425	425		rules of the Interstate Commission. Such members shall be ex officio and shall not be388
426	426		entitled to vote on any matter before the Interstate Commission.389
427	427		(d) Establish an executive committee which shall have the authority to administer the390
428	428		day-to-day operations and administration of the Interstate Commission. It shall not have391
429	429		the power to engage in rulemaking.392
430	430		S. B. 483
431	431		- 16 - 24 LC 57 0082
432	432		ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.393
433	433		The Interstate Commission shall have the following powers:394
434	434		(a) To promulgate rules and take all necessary actions to effect the goals, purposes and395
435	435		obligations as enumerated in this compact.396
436	436		(b) To provide for dispute resolution among member states.397
437	437		(c) To issue, upon request of a member state, advisory opinions concerning the meaning398
438	438		or interpretation of the interstate compact, its bylaws, rules or actions.399
439	439		(d) To enforce compliance with this compact or the bylaws or rules of the Interstate400
440	440		Commission pursuant to Article XII.401
441	441		(e) Collect standardized data concerning the interstate placement of children subject to this402
442	442		compact as directed through its rules which shall specify the data to be collected, the means403
443	443		of collection and data exchange and reporting requirements.404
444	444		(f) To establish and maintain offices as may be necessary for the transacting of its405
445	445		business.406
446	446		(g) To purchase and maintain insurance and bonds.407
447	447		(h) To hire or contract for services of personnel or consultants as necessary to carry out408
448	448		its functions under the compact and establish personnel qualification policies, and rates of409
449	449		compensation.410
450	450		(i) To establish and appoint committees and officers including, but not limited to, an411
451	451		executive committee as required by Article X.412
452	452		(j) To accept any and all donations and grants of money, equipment, supplies, materials,413
453	453		and services, and to receive, utilize, and dispose thereof.414
454	454		(k) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,415
455	455		improve or use any property, real, personal, or mixed.416
456	456		(l) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of417
457	457		any property, real, personal or mixed.418
458	458		(m) To establish a budget and make expenditures.419
459	459		S. B. 483
460	460		- 17 - 24 LC 57 0082
461	461		(n) To adopt a seal and bylaws governing the management and operation of the Interstate420
462	462		Commission.421
463	463		(o) To report annually to the legislatures, governors, the judiciary, and state advisory422
464	464		councils of the member states concerning the activities of the Interstate Commission during423
465	465		the preceding year. Such reports shall also include any recommendations that may have424
466	466		been adopted by the Interstate Commission.425
467	467		(p) To coordinate and provide education, training and public awareness regarding the426
468	468		interstate movement of children for officials involved in such activity.427
469	469		(q) To maintain books and records in accordance with the bylaws of the Interstate428
470	470		Commission.429
471	471		(r) To perform such functions as may be necessary or appropriate to achieve the purposes430
472	472		of this compact.431
473	473		ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE432
474	474		COMMISSION.433
475	475		(a) Bylaws434
476	476		(1) Within 12 months after the first Interstate Commission meeting, the Interstate435
477	477		Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate436
478	478		to carry out the purposes of the compact.437
479	479		(2) The Interstate Commission's bylaws and rules shall establish conditions and438
480	480		procedures under which the Interstate Commission shall make its information and official439
481	481		records available to the public for inspection or copying. The Interstate Commission may440
482	482		exempt from disclosure information or official records to the extent they would adversely441
483	483		affect personal privacy rights or proprietary interests.442
484	484		S. B. 483
485	485		- 18 - 24 LC 57 0082
486	486		(b) Meetings443
487	487		(1) The Interstate Commission shall meet at least once each calendar year. The444
488	488		chairperson may call additional meetings and, upon the request of a simple majority of445
489	489		the member states shall call additional meetings.446
490	490		(2) Public notice shall be given by the Interstate Commission of all meetings and all447
491	491		meetings shall be open to the public, except as set forth in the rules or as otherwise448
492	492		provided in the compact. The Interstate Commission and its committees may close a449
493	493		meeting, or portion thereof, where it determines by two-thirds vote that an open meeting450
494	494		would be likely to:451
495	495		(A) relate solely to the Interstate Commission's internal personnel practices and452
496	496		procedures; or453
497	497		(B) disclose matters specifically exempted from disclosure by federal law; or454
498	498		(C) disclose financial or commercial information which is privileged, proprietary or455
499	499		confidential in nature; or456
500	500		(D) involve accusing a person of a crime, or formally censuring a person; or457
501	501		(E) disclose information of a personal nature where disclosure would constitute a458
502	502		clearly unwarranted invasion of personal privacy or physically endanger one or more459
503	503		persons; or460
504	504		(F) disclose investigative records compiled for law enforcement purposes; or461
505	505		(G) specifically relate to the Interstate Commission's participation in a civil action or462
506	506		other legal proceeding.463
507	507		(3) For a meeting, or portion of a meeting, closed pursuant to this provision, the464
508	508		Interstate Commission's legal counsel or designee shall certify that the meeting may be465
509	509		closed and shall reference each relevant exemption provision. The Interstate Commission466
510	510		shall keep minutes which shall fully and clearly describe all matters discussed in a467
511	511		meeting and shall provide a full and accurate summary of actions taken, and the reasons468
512	512		therefore, including a description of the views expressed and the record of a roll call vote. 469
513	513		S. B. 483
514	514		- 19 - 24 LC 57 0082
515	515		All documents considered in connection with an action shall be identified in such470
516	516		minutes. All minutes and documents of a closed meeting shall remain under seal, subject471
517	517		to release by a majority vote of the Interstate Commission or by court order.472
518	518		(4) The bylaws may provide for meetings of the Interstate Commission to be conducted473
519	519		by telecommunication or other electronic communication.474
520	520		(c) Officers and Staff475
521	521		(1) The Interstate Commission may, through its executive committee, appoint or retain476
522	522		a staff director for such period, upon such terms and conditions and for such477
523	523		compensation as the Interstate Commission may deem appropriate. The staff director478
524	524		shall serve as secretary to the Interstate Commission, but shall not have a vote. The staff479
525	525		director may hire and supervise such other staff as may be authorized by the Interstate480
526	526		Commission.481
527	527		(2) The Interstate Commission shall elect, from among its members, a chairperson and482
528	528		a vice chairperson of the executive committee and other necessary officers, each of whom483
529	529		shall have such authority and duties as may be specified in the bylaws.484
530	530		(d) Qualified Immunity, Defense and Indemnification485
531	531		(1) The Interstate Commission's staff director and its employees shall be immune from486
532	532		suit and liability, either personally or in their official capacity, for a claim for damage to487
533	533		or loss of property or personal injury or other civil liability caused or arising out of or488
534	534		relating to an actual or alleged act, error, or omission that occurred, or that such person489
535	535		had a reasonable basis for believing occurred within the scope of Commission490
536	536		employment, duties, or responsibilities; provided, that such person shall not be protected491
537	537		from suit or liability for damage, loss, injury, or liability caused by a criminal act or the492
538	538		intentional or willful and wanton misconduct of such person.493
539	539		(A) The liability of the Interstate Commission's staff director and employees or494
540	540		Interstate Commission representatives, acting within the scope of such person's495
541	541		employment or duties for acts, errors, or omissions occurring within such person's state496
542	542		S. B. 483
543	543		- 20 - 24 LC 57 0082
544	544		may not exceed the limits of liability set forth under the Constitution and laws of that497
545	545		state for state officials, employees, and agents. The Interstate Commission is498
546	546		considered to be an instrumentality of the states for the purposes of any such action. 499
547	547		Nothing in this subsection shall be construed to protect such person from suit or500
548	548		liability for damage, loss, injury, or liability caused by a criminal act or the intentional501
549	549		or willful and wanton misconduct of such person.502
550	550		(B) The Interstate Commission shall defend the staff director and its employees and,503
551	551		subject to the approval of the Attorney General or other appropriate legal counsel of the504
552	552		member state shall defend the commissioner of a member state in a civil action seeking505
553	553		to impose liability arising out of an actual or alleged act, error or omission that occurred506
554	554		within the scope of Interstate Commission employment, duties or responsibilities, or507
555	555		that the defendant had a reasonable basis for believing occurred within the scope of508
556	556		Interstate Commission employment, duties, or responsibilities, provided that the actual509
557	557		or alleged act, error, or omission did not result from intentional or willful and wanton510
558	558		misconduct on the part of such person.511
559	559		(C) To the extent not covered by the state involved, member state, or the Interstate512
560	560		Commission, the representatives or employees of the Interstate Commission shall be513
561	561		held harmless in the amount of a settlement or judgment, including attorney's fees and514
562	562		costs, obtained against such persons arising out of an actual or alleged act, error, or515
563	563		omission that occurred within the scope of Interstate Commission employment, duties,516
564	564		or responsibilities, or that such persons had a reasonable basis for believing occurred517
565	565		within the scope of Interstate Commission employment, duties, or responsibilities,518
566	566		provided that the actual or alleged act, error, or omission did not result from intentional519
567	567		or willful and wanton misconduct on the part of such persons.520
568	568		S. B. 483
569	569		- 21 - 24 LC 57 0082
570	570		ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.521
571	571		(a) The Interstate Commission shall promulgate and publish rules in order to effectively522
572	572		and efficiently achieve the purposes of the compact.523
573	573		(b) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws524
574	574		and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the525
575	575		principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws526
576	576		Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the Interstate527
577	577		Commission deems appropriate consistent with due process requirements under the United528
578	578		States Constitution as now or hereafter interpreted by the U. S. Supreme Court. All rules529
579	579		and amendments shall become binding as of the date specified, as published with the final530
580	580		version of the rule as approved by the Interstate Commission.531
581	581		(c) When promulgating a rule, the Interstate Commission shall, at a minimum:532
582	582		(1) Publish the proposed rule's entire text stating the reason(s) for that proposed rule; and533
583	583		(2) Allow and invite any and all persons to submit written data, facts, opinions and534
584	584		arguments, which information shall be added to the record, and be made publicly535
585	585		available; and536
586	586		(3) Promulgate a final rule and its effective date, if appropriate, based on input from state537
587	587		or local officials, or interested parties.538
588	588		(d) Rules promulgated by the Interstate Commission shall have the force and effect of539
589	589		administrative rules and shall be binding in the compacting states to the extent and in the540
590	590		manner provided for in this compact.541
591	591		(e) Not later than 60 days after a rule is promulgated, an interested person may file a542
592	592		petition in the U.S. District Court for the District of Columbia or in the Federal District543
593	593		Court where the Interstate Commission's principal office is located for judicial review of544
594	594		such rule. If the court finds that the Interstate Commission's action is not supported by545
595	595		substantial evidence in the rulemaking record, the court shall hold the rule unlawful and546
596	596		set it aside.547
597	597		S. B. 483
598	598		- 22 - 24 LC 57 0082
599	599		(f) If a majority of the legislatures of the member states rejects a rule, those states may by548
600	600		enactment of a statute or resolution in the same manner used to adopt the compact cause549
601	601		that such rule shall have no further force and effect in any member state.550
602	602		(g) The existing rules governing the operation of the Interstate Compact on the Placement551
603	603		of Children superseded by this act shall be null and void no less than 12, but no more552
604	604		than 24 months after the first meeting of the Interstate Commission created hereunder, as553
605	605		determined by the members during the first meeting.554
606	606		(h) Within the first 12 months of operation, the Interstate Commission shall promulgate555
607	607		rules addressing the following:556
608	608		(1) Transition rules557
609	609		(2) Forms and procedures558
610	610		(3) Time lines559
611	611		(4) Data collection and reporting560
612	612		(5) Rulemaking561
613	613		(6) Visitation562
614	614		(7) Progress reports/supervision563
615	615		(8) Sharing of information/confidentiality564
616	616		(9) Financing of the Interstate Commission565
617	617		(10) Mediation, arbitration and dispute resolution566
618	618		(11) Education, training and technical assistance567
619	619		(12) Enforcement568
620	620		(13) Coordination with other interstate compacts569
621	621		(i) Upon determination by a majority of the members of the Interstate Commission that an570
622	622		emergency exists:571
623	623		(1) The Interstate Commission may promulgate an emergency rule only if it is required572
624	624		to:573
625	625		S. B. 483
626	626		- 23 - 24 LC 57 0082
627	627		(A) Protect the children covered by this compact from an imminent threat to their574
628	628		health, safety and well-being; or575
629	629		(B) Prevent loss of federal or state funds; or576
630	630		(C) Meet a deadline for the promulgation of an administrative rule required by federal577
631	631		law.578
632	632		(2) An emergency rule shall become effective immediately upon adoption, provided that579
633	633		the usual rulemaking procedures provided hereunder shall be retroactively applied to said580
634	634		rule as soon as reasonably possible, but no later than 90 days after the effective date of581
635	635		the emergency rule.582
636	636		(3) An emergency rule shall be promulgated as provided for in the rules of the Interstate583
637	637		Commission.584
638	638		ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT.585
639	639		(a) Oversight586
640	640		(1) The Interstate Commission shall oversee the administration and operation of the587
641	641		compact.588
642	642		(2) The executive, legislative and judicial branches of state government in each member589
643	643		state shall enforce this compact and the rules of the Interstate Commission and shall take590
644	644		all actions necessary and appropriate to effectuate the compact's purposes and intent. The591
645	645		compact and its rules shall be binding in the compacting states to the extent and in the592
646	646		manner provided for in this compact.593
647	647		(3) All courts shall take judicial notice of the compact and the rules in any judicial or594
648	648		administrative proceeding in a member state pertaining to the subject matter of this595
649	649		compact.596
650	650		(4) The Interstate Commission shall be entitled to receive service of process in any597
651	651		action in which the validity of a compact provision or rule is the issue for which a judicial598
652	652		determination has been sought and shall have standing to intervene in any proceedings.599
653	653		S. B. 483
654	654		- 24 - 24 LC 57 0082
655	655		Failure to provide service of process to the Interstate Commission shall render any600
656	656		judgment, order or other determination, however so captioned or classified, void as to the601
657	657		Interstate Commission, this compact, its bylaws or rules of the Interstate Commission.602
658	658		(b) Dispute Resolution603
659	659		(1) The Interstate Commission shall attempt, upon the request of a member state, to604
660	660		resolve disputes which are subject to the compact and which may arise among member605
661	661		states and between member and non-member states.606
662	662		(2) The Interstate Commission shall promulgate a rule providing for both mediation and607
663	663		binding dispute resolution for disputes among compacting states. The costs of such608
664	664		mediation or dispute resolution shall be the responsibility of the parties to the dispute.609
665	665		(c) Enforcement610
666	666		(1) If the Interstate Commission determines that a member state has defaulted in the611
667	667		performance of its obligations or responsibilities under this compact, its bylaws or rules,612
668	668		the Interstate Commission may:613
669	669		(A) Provide remedial training and specific technical assistance; or614
670	670		(B) Provide written notice to the defaulting state and other member states, of the nature615
671	671		of the default and the means of curing the default. The Interstate Commission shall616
672	672		specify the conditions by which the defaulting state must cure its default; or617
673	673		(C) By majority vote of the members, initiate against a defaulting member state legal618
674	674		action in the United State District Court for the District of Columbia or, at the619
675	675		discretion of the Interstate Commission, in the federal district where the Interstate620
676	676		Commission has its principal office, to enforce compliance with the provisions of the621
677	677		compact, its bylaws or rules. The relief sought may include both injunctive relief and622
678	678		damages. In the event judicial enforcement is necessary the prevailing party shall be623
679	679		awarded all costs of such litigation including reasonable attorney's fees; or624
680	680		(D) Avail itself of any other remedies available under state law or the regulation of625
681	681		official or professional conduct.626
682	682		S. B. 483
683	683		- 25 - 24 LC 57 0082
684	684		ARTICLE XIII. FINANCING OF THE COMMISSION.627
685	685		(a) The Interstate Commission shall pay, or provide for the payment of the reasonable628
686	686		expenses of its establishment, organization and ongoing activities.629
687	687		(b) The Interstate Commission may levy on and collect an annual assessment from each630
688	688		member state to cover the cost of the operations and activities of the Interstate Commission631
689	689		and its staff which must be in a total amount sufficient to cover the Interstate Commission's632
690	690		annual budget as approved by its members each year. The aggregate annual assessment633
691	691		amount shall be allocated based upon a formula to be determined by the Interstate634
692	692		Commission which shall promulgate a rule binding upon all member states.635
693	693		(c) The Interstate Commission shall not incur obligations of any kind prior to securing the636
694	694		funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of637
695	695		any of the member states, except by and with the authority of the member state.638
696	696		(d) The Interstate Commission shall keep accurate accounts of all receipts and639
697	697		disbursements. The receipts and disbursements of the Interstate Commission shall be640
698	698		subject to the audit and accounting procedures established under its bylaws. However, all641
699	699		receipts and disbursements of funds handled by the Interstate Commission shall be audited642
700	700		yearly by a certified or licensed public accountant and the report of the audit shall be643
701	701		included in and become part of the annual report of the Interstate Commission.644
702	702		ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.645
703	703		(a) Any state is eligible to become a member state.646
704	704		(b) The compact shall become effective and binding upon legislative enactment of the647
705	705		compact into law by no less than 35 states. The effective date shall be the later of648
706	706		July 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it649
707	707		shall become effective and binding as to any other member state upon enactment of the650
708	708		compact into law by that state. The executive heads of the state human services651
709	709		administration with ultimate responsibility for the child welfare program of non-member652
710	710		S. B. 483
711	711		- 26 - 24 LC 57 0082
712	712		states or their designees shall be invited to participate in the activities of the Interstate653
713	713		Commission on a non-voting basis prior to adoption of the compact by all states.654
714	714		(c) The Interstate Commission may propose amendments to the compact for enactment by655
715	715		the member states. No amendment shall become effective and binding on the member656
716	716		states unless and until it is enacted into law by unanimous consent of the member states.657
717	717		ARTICLE XV. WITHDRAWAL AND DISSOLUTION.658
718	718		(a) Withdrawal659
719	719		(1) Once effective, the compact shall continue in force and remain binding upon each660
720	720		and every member state; provided that a member state may withdraw from the compact661
721	721		specifically repealing the statute which enacted the compact into law.662
722	722		(2) Withdrawal from this compact shall be by the enactment of a statute repealing the663
723	723		same. The effective date of withdrawal shall be the effective date of the repeal of the664
724	724		statute.665
725	725		(3) The withdrawing state shall immediately notify the president of the Interstate666
726	726		Commission in writing upon the introduction of legislation repealing this compact in the667
727	727		withdrawing state. The Interstate Commission shall then notify the other member states668
728	728		of the withdrawing state's intent to withdraw.669
729	729		(4) The withdrawing state is responsible for all assessments, obligations and liabilities670
730	730		incurred through the effective date of withdrawal.671
731	731		(5) Reinstatement following withdrawal of a member state shall occur upon the672
732	732		withdrawing state reenacting the compact or upon such later date as determined by the673
733	733		members of the Interstate Commission.674
734	734		(b) Dissolution of Compact675
735	735		(1) This compact shall dissolve effective upon the date of the withdrawal or default of676
736	736		the member state which reduces the membership in the compact to one member state.677
737	737		S. B. 483
738	738		- 27 - 24 LC 57 0082
739	739		(2) Upon the dissolution of this compact, the compact becomes null and void and shall678
740	740		be of no further force or effect, and the business and affairs of the Interstate Commission679
741	741		shall be concluded and surplus funds shall be distributed in accordance with the bylaws.680
742	742		ARTICLE XVI. SEVERABILITY AND CONSTRUCTION.681
743	743		(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence682
744	744		or provision is deemed unenforceable, the remaining provisions of the compact shall be683
745	745		enforceable.684
746	746		(b) The provisions of this compact shall be liberally construed to effectuate its purposes.685
747	747		(c) Nothing in this compact shall be construed to prohibit the concurrent applicability of686
748	748		other interstate compacts to which the states are members.687
749	749		ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS.688
750	750		(a) Other Laws689
751	751		(1) Nothing herein prevents the enforcement of any other law of a member state that is690
752	752		not inconsistent with this compact.691
753	753		(b) Binding Effect of the Compact692
754	754		(1) All lawful actions of the Interstate Commission, including all rules and bylaws693
755	755		promulgated by the Interstate Commission, are binding upon the member states.694
756	756		(2) All agreements between the Interstate Commission and the member states are binding695
757	757		in accordance with their terms.696
758	758		(3) In the event any provision of this compact exceeds the constitutional limits imposed697
759	759		on the legislature of any member state, such provision shall be ineffective to the extent698
760	760		of the conflict with the constitutional provision in question in that member state.699
761	761		S. B. 483
762	762		- 28 - 24 LC 57 0082
763	763		ARTICLE XVIII. INDIAN TRIBES.700
764	764		Notwithstanding any other provision in this compact, the Interstate Commission may701
765	765		promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all702
766	766		of the purposes of the compact as specified in Article I. The Interstate Commission shall703
767	767		make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect704
768	768		the diverse circumstances of the various Indian tribes.'705
769	769		SECTION 2.706
770	770		Said title is further amended by repealing and reserving Chapter 4, relating to the Interstate707
771	771		Compact on the Placement of Children.708
772	772		SECTION 3.709
773	773		The Official Code of Georgia Annotated is amended by replacing "Code Section 39-4-4"710
774	774		with "Code Section 39-4A-7" wherever the former phrase appears in:711
775	775		(1) Code Section 15-11-201, relating to DFCS case plan and contents; and712
776	776		(2) Code Section 15-11-212, relating to disposition of a dependent child.713
777	777		SECTION 4.714
778	778		The Official Code of Georgia Annotated is further amended by replacing "Chapter 4 of Title715
779	779		39" with "Chapter 4A of Title 39", wherever the former phrase appears in:716
780	780		(1) 19-8-2, relating to jurisdiction and venue of adoption proceedings;717
781	781		(2) 19-8-3, relating to who may adopt a child and when petition must be filed in names of718
782	782		both spouses;719
783	783		(3) 19-8-4, relating to adoption through the department, child-placing agency, or720
784	784		out-of-state license agency;721
785	785		(4) 19-8-5, relating to third party adoption by party who is not stepparent or relative of722
786	786		child;723
787	787		S. B. 483
788	788		- 29 - 24 LC 57 0082
789	789		(5) 19-8-7, relating to adoption by certain relatives related to child by blood or marriage;
790	790		724
791	791		(6) 19-8-11, relating to petitioning superior court to terminate rights of one parent or725
792	792		guardian of child and service of process; and726
793	793		(7) 19-8-13, relating to petition, filing and contents, financial disclosures, attorney's727
794	794		affidavit, and redaction of certain information unnecessary.728
795	795		SECTION 5.729
796	796		The Official Code of Georgia Annotated is further amended by replacing "Interstate Compact730
797	797		on the Placement of Children" with "Interstate Compact for the Placement of Children",731
798	798		wherever the former phrase appears in:732
799	799		(1) 15-11-201, relating to DFCS case plan and contents;733
800	800		(2) 15-11-212, relating to disposition of dependent child;734
801	801		(3) 19-8-2, relating to jurisdiction and venue of adoption proceedings;735
802	802		(4) 19-8-3, relating to who may adopt a child and when petition must be filed in names of736
803	803		both spouses;737
804	804		(5) 19-8-4, relating to adoption through the department, child-placing agency, or738
805	805		out-of-state licensed agency;739
806	806		(6) 19-8-5, relating to third party adoption by party who is not stepparent or relative of740
807	807		child;741
808	808		(7) 19-8-7, relating to adoption by certain relatives related to child by blood or marriage;742
809	809		(8) 19-8-13, relating to petition, filing and contents, financial disclosures, attorney's743
810	810		affidavit, and redaction of certain information unnecessary; and744
811	811		(9) 49-4B-2, relating to the Interstate Compact for Juveniles.745
812	812		S. B. 483
813	813		- 30 - 24 LC 57 0082
814	814		SECTION 6.
815	815		746
816	816		(a) Except as otherwise provided in subsection (b) of this section, this Act shall become747
817	817		effective upon its approval by the Governor or upon its becoming law without such approval. 748
818	818		(b) Sections 1 through 5 of this Act shall become effective upon enactment of the Interstate749
819	819		Compact for the Placement of Children into law by the thirty-fifth state.750
820	820		SECTION 7.751
821	821		All laws and parts of laws in conflict with this Act are repealed.752
822	822		S. B. 483
823	823		- 31 -