25 LC 48 1493
House Bill 552
By: Representatives Kahaian of the 81
st
, Byrd of the 20
th
, and Tran of the 80
th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to
1
definitions relative to the juvenile code, so as to revise the definition of neglect; to amend2
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against3
the person, so as to provide for an exception to certain offenses of reckless conduct and child4
cruelty for parents and legal custodians permitting children to participate in independent5
activities under certain conditions; to provide for a short title; to provide for legislative6
findings and intent; to provide for related matters; to provide for an effective date and7
applicability; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
This Act shall be known and may be cited as the "Georgia Parents, Children, Child Welfare,11
and Law Enforcement Protection and Fiscal Responsibility Act." This Act may also be12
known and may be cited as the "Brittany Patterson Act."13
SECTION 2.14
(a) The General Assembly finds that:15
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(1) State and local government entities and governing bodies and officers, employees, and
16
agents thereof too frequently fail to respect and to recognize the fundamental constitutional17
rights of parents to raise their children and to make decisions regarding their children as18
codified and recognized by subsection (d) of Code Section 20-2-786 of the Official Code19
of Georgia Annotated, which provides that "No state or local government entity, governing20
body, or any officer, employee, or agent thereof may infringe on the fundamental right of21
a parent to direct the upbringing and education of his or her minor child without22
demonstrating that such action is reasonable and necessary to achieve a compelling state23
interest and that such action is narrowly tailored and is not otherwise served by less24
restrictive means";25
(2) In such instances, the rights of parents and the rights of children are infringed upon and26
the rights of parents to exercise their fundamental constitutional rights are chilled27
unnecessarily;28
(3) In such instances, finite and valuable resources of state and local government entities29
and governing bodies are wasted without corresponding benefits to the people of the State30
of Georgia;31
(4) Providing definitions and protocols will assist state and local government entities and32
governing bodies and officers, employees, and agents thereof in determining the absence33
or the existence of a compelling state interest necessary to allow infringement on the34
fundamental constitutional rights of a parent;35
(5) Amending Code Section 16-5-70 of the Official Code of Georgia Annotated, which36
provides for the offense of cruelty to children, to be consistent with Code Section 20-2-78637
and providing parents and guardians with immunity from criminal liability when they take38
action or make decisions regarding their child in the absence of a compelling state interest39
otherwise serves the interests of the state, parents, and children;40
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(6) Providing government actors in law enforcement and the Division of Family and
41
Children Services with immunity from criminal and civil liability when following the42
protocol established hereby serves the interests of the state, parents, and children; and43
(7) Amending Code Section 16-5-60 of the Official Code of Georgia Annotated, relating44
to the offense of reckless conduct, is necessary to address the vagueness and ambiguity45
therein as held by the Supreme Court of Georgia; additionally, actions and decisions by46
parents and guardians as provided by Code Section 16-5-70 are not included within the47
offense of reckless conduct, and amending Code Section 15-11-2 to exclude from the48
definition of neglect certain actions and decisions by parents and guardians is necessary for49
consistency between and among statutes addressing child welfare and safety and the50
conduct of parents and guardians and to define such actions and decisions and provide51
examples when parents are provided immunity from criminal liability for reasonable52
parental decisions regarding a child.53
(b) It is the intent of the General Assembly that:54
(1) Children are kept safe;55
(2) The fundamental constitutional rights of parents and of their children are neither56
infringed upon nor chilled;57
(3) State and local government entities and governing bodies and officers, employees, and58
agents thereof are provided specific protocols to follow which will protect children;59
alleviate unnecessary consumption of resources by state and local government entities and60
governing bodies and officers, employees, and agents thereof; and avoid the negative61
unintended consequences that impact parents and children; and62
(4) State and local government entities and governing bodies and officers, employees, and63
agents thereof are provided corresponding civil and criminal immunity, provided that the64
protocol provided herein is followed.65
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SECTION 3.
66
Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions67
relative to the juvenile code, is amended by revising paragraph (48) as follows:68
"(48)(A)
'Neglect' means:69
(A)(i) The failure to provide proper parental care or control, subsistence, education70
as required by law, or other care or control necessary for a child's physical, mental,71
or emotional health or morals;72
(B)(ii) The failure to provide a child with adequate supervision necessary for such73
child's well-being; or74
(C)(iii) The abandonment of a child by his or her parent, guardian, or legal custodian.75
(B) Such term shall not mean or include actions and decisions by a parent or guardian,76
acting in good faith, that allow a child to engage in independent activities consistent77
with the child's intellectual, emotional, and physical maturity, including, but not limited78
to, allowing the child to:79
(i) Travel independently to and from school by walking, running, bicycling, public80
transit, or other means;81
(ii) Travel independently to and from nearby commercial or recreational facilities;82
(iii) Engage independently in outdoor play;83
(iv) Remain in a vehicle without an adult present if the circumstances do not cause84
harm to the child and do not create an imminent risk of harm to the child, including,85
but not limited to, if the temperature inside the vehicle is not and will not become86
dangerously hot or cold or the child has the capacity and ability to open the door or87
windows of the vehicle in case of need;88
(v) Remain at home without an adult present if the parent or guardian:89
(I) Returns home the same day on which the parent or guardian gives the child90
permission to remain at home;91
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(II) Ensures the child has the capacity and ability to contact the parent, guardian, 92
or another responsible adult rapidly when needed and is provided with the means93
to make such contact; and94
(III) Makes provisions for the child to be cared for and protected in the event of any95
reasonably foreseeable emergency; and96
(vi) Remain at home or be unsupervised outside the home without an adult present97
if the parent or guardian is following relevant guidelines as published by the Division98
of Family and Children Services of the Department of Human Services."99
SECTION 4.100
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against101
the person, is amended in Code Section 16-5-60, relating to reckless conduct causing harm102
to or endangering the bodily safety of another and conduct by HIV infected persons, by103
revising subsection (b) and by adding a new subsection to read as follows:104
"(b)(1) Subject to the provisions of paragraph (2) of this subsection, a A person who105
causes bodily harm to or endangers the bodily safety of another person by consciously106
disregarding a substantial and unjustifiable risk that his or her act or omission will cause107
harm or endanger the safety of the other person and the disregard constitutes a gross108
deviation from the standard of care which a reasonable person would exercise in the109
situation is guilty of a misdemeanor.110
(2)(A) The actions and decisions by a parent or guardian with respect to his or her111
minor child consistent with the provisions of subsection (f) of Code Section 16-5-70112
shall not constitute a gross deviation from the standard of care provided for in113
paragraph (1) of this subsection.114
(B) No state or local government entity or governing body or any officer, employee,115
or agent thereof shall obstruct or interfere with a parent or guardian of a minor child in116
this state acting in compliance with the provisions of subsection (f) of Code117
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Section 16-5-70, and no parent or guardian shall be detained, arrested, or charged118
criminally, nor be investigated by any agency under this subsection, if such parent or119
guardian is in compliance with the provisions of subsection (f) of Code Section 16-5-70120
or if a minor child appears to be alone or unsupervised by an adult unless that child also121
appears to be injured, in distress, or at imminent risk of significant injury or other harm122
from an identifiable source."123
"(d) State and local government officers, employees, and agents who act in good faith124
compliance with the provisions of this Code section shall be immune from criminal and125
civil liability in the event that injury or death to a child results from such good faith126
compliance."127
SECTION 5.128
Said chapter is further amended in Code Section 16-5-70, relating to cruelty to children, by129
adding new subsections to read as follows:130
"(f) A parent or guardian of a child does not violate this Code section when he or she,131
acting in good faith, allows the child to engage in independent activities consistent with the132
child's intellectual, emotional, and physical maturity, including, but not limited to, allowing133
the child to:134
(1) Travel independently to and from school by walking, running, bicycling, public135
transit, or other means;136
(2) Travel independently to and from nearby commercial or recreational facilities;137
(3) Engage independently in outdoor play;138
(4) Remain in a vehicle without an adult present if the circumstances do not cause harm139
to the child and do not create an imminent risk of harm to the child, including, but not140
limited to, if the temperature inside the vehicle is not and will not become dangerously141
hot or cold or the child has the capacity and ability to open the door or windows of the142
vehicle in case of need;143
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(5) Remain at home without an adult present if the parent or guardian:144
(A) Returns home the same day on which the parent or guardian gives the child145
permission to remain at home;146
(B) Ensures the child has the capacity and ability to contact the parent, guardian, or147
another responsible adult rapidly when needed and is provided with the means to make148
such contact; and149
(C) Makes provisions for the child to be cared for and protected in the event of any150
reasonably foreseeable emergency; and151
(6) Remain at home or be unsupervised outside the home without an adult present if the152
parent or guardian is following relevant guidelines published by the Division of Family153
and Children Services of the Department of Human Services.154
(g) As provided in this Code section and paragraph (1) of subsection (e) of Code155
Section 20-2-786, no state or local government entity or governing body or any officer,156
employee, or agent thereof shall obstruct or interfere with a parent or guardian of a minor157
child in this state acting in compliance with this Code section, and no parent or guardian158
shall be detained, arrested, or charged criminally, nor be investigated by any agency, if159
such parent or guardian is complying with this Code section or if a minor child appears to160
be alone or unsupervised by an adult unless that child also appears to be injured, in distress,161
or at imminent risk of significant injury or other harm from an identifiable source.162
(h) A parent or guardian of a minor child in this state shall not be deemed to have abused163
or neglected his or her child unless such child is injured, in distress, or at imminent risk of164
significant injury or other harm from an identifiable source.165
(i) Provided that state and local government officers, employees, and agents act in166
accordance with this Code section, such officers, employees, and agents are granted167
immunity from criminal and civil liability in the event that injury to or death of a child168
results from such act."169
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SECTION 6.
170
This Act shall become effective on July 1, 2025; provided, however, that Sections 4 and 5171
of this Act shall apply to offenses committed on or after such date.172
SECTION 7.173
All laws and parts of laws in conflict with this Act are repealed.174
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