| 1 | 1 | | 25 LC 48 1541 |
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| 2 | 2 | | House Bill 639 |
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| 3 | 3 | | By: Representatives Wiedower of the 121 |
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| 4 | 4 | | st |
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| 5 | 5 | | , Efstration of the 104 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Cox of the 28 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Gaines |
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| 10 | 10 | | of the 120 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Jasperse of the 11 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the |
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| 18 | 18 | | 1 |
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| 19 | 19 | | juvenile code, so as to expedite and prioritize processes for the termination of parental rights2 |
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| 20 | 20 | | in certain cases involving parental incapacity and child maltreatment; to provide for3 |
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| 21 | 21 | | definitions; to revise circumstances for when reasonable efforts by DFCS are not required;4 |
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| 22 | 22 | | to provide for reporting; to revise requirements for nonreunification hearings; to clarify when5 |
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| 23 | 23 | | a termination of parental rights petition should be filed and the parties entitled to file such6 |
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| 24 | 24 | | petition; to provide for determinations to be made by the court; to require the court to7 |
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| 25 | 25 | | consider the child's attachments when ruling on a petition to terminate parental rights; to8 |
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| 26 | 26 | | provide for related matters; to provide for legislative findings; to provide for an effective date9 |
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| 27 | 27 | | and applicability; to repeal conflicting laws; and for other purposes.10 |
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| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 29 | 29 | | SECTION 1.12 |
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| 30 | 30 | | The General Assembly finds that although the efforts of the state's child welfare13 |
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| 31 | 31 | | professionals to engage with families and resolve issues of maltreatment through the use of14 |
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| 32 | 32 | | appropriate services is proper and fit, there are certain situations in which the child's right to15 |
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| 33 | 33 | | grow and thrive in a safe, loving environment and to be cared for by a responsible,16 |
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| 34 | 34 | | H. B. 639 |
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| 35 | 35 | | - 1 - 25 LC 48 1541 |
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| 36 | 36 | | trustworthy adult must take precedence. The General Assembly therefore finds it necessary, |
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| 37 | 37 | | 17 |
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| 38 | 38 | | in appropriate situations, to expedite safe, stable, and permanent placement with relatives,18 |
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| 39 | 39 | | fictive kin, or adoptive family for those children who have suffered significant and chronic19 |
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| 40 | 40 | | abuse and neglect at the hands of the parent.20 |
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| 41 | 41 | | SECTION 2.21 |
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| 42 | 42 | | Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile22 |
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| 43 | 43 | | code, is amended in Code Section 15-11-201, relating to DFCS case plan and contents, by23 |
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| 44 | 44 | | revising paragraph (14) of subsection (b) as follows:24 |
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| 45 | 45 | | "(14) A recommendation for a permanency plan for such child. If, after considering25 |
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| 46 | 46 | | reunification, adoptive placement, permanent guardianship, or placement with a fit and26 |
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| 47 | 47 | | willing relative, DFCS recommends placement in another planned permanent living27 |
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| 48 | 48 | | arrangement for a child who has attained the age of 16, the case plan shall include:28 |
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| 49 | 49 | | (A) Documentation of a compelling reason or reasons why reunification, termination29 |
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| 50 | 50 | | of parental rights and adoption, permanent guardianship, or placement with a fit and30 |
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| 51 | 51 | | willing relative are not in the child's best interests;31 |
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| 52 | 52 | | (B) Documentation of the intensive, ongoing, and unsuccessful efforts made by the32 |
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| 53 | 53 | | state agency to return the child home or secure a placement for the child with a fit and33 |
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| 54 | 54 | | willing relative, a legal guardian, or an adoptive parent, including through efforts that34 |
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| 55 | 55 | | utilize search technology, including social media, to find biological family members for35 |
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| 56 | 56 | | the child; and36 |
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| 57 | 57 | | (C) Documentation of the steps the state agency is taking to ensure that the child's37 |
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| 58 | 58 | | foster family home or child care institution is following the reasonable and prudent38 |
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| 59 | 59 | | parent standard, as defined in Code Section 49-5-3, and documentation that the child39 |
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| 60 | 60 | | has regular, ongoing opportunities to engage in age or developmentally appropriate40 |
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| 61 | 61 | | activities, as defined in Code Section 49-5-3, including by consulting with the child in41 |
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| 62 | 62 | | H. B. 639 |
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| 63 | 63 | | - 2 - 25 LC 48 1541 |
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| 64 | 64 | | an age-appropriate manner about the opportunities of the child to participate in the |
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| 65 | 65 | | 42 |
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| 66 | 66 | | activities.43 |
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| 67 | 67 | | For purposes of this paragraph, a 'compelling reason' shall have the same meaning as in44 |
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| 68 | 68 | | paragraph (2) of |
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| 69 | 69 | | subsection (b) (c) of Code Section 15-11-233;"45 |
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| 70 | 70 | | SECTION 3.46 |
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| 71 | 71 | | Said chapter is further amended in Code Section 15-11-203, relating to when reasonable47 |
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| 72 | 72 | | efforts by DFCS not required, by revising subsection (a) and by adding a new subsection to48 |
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| 73 | 73 | | read as follows:49 |
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| 74 | 74 | | "(a) The court may direct that reasonable efforts to eliminate the need for placement of an50 |
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| 75 | 75 | | alleged dependent child shall not be are not required or and shall cease if the court51 |
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| 76 | 76 | | determines by clear and convincing evidence and makes written findings of fact that a52 |
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| 77 | 77 | | parent of an alleged dependent child:53 |
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| 78 | 78 | | (1) Has subjected his or her child to aggravated circumstances;54 |
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| 79 | 79 | | (2) Has been convicted of the murder or murder in the second degree of another child of55 |
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| 80 | 80 | | such parent; 56 |
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| 81 | 81 | | (3) Has been convicted of the voluntary manslaughter murder or murder in the second57 |
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| 82 | 82 | | degree of another child of such parent;58 |
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| 83 | 83 | | (4) Has been convicted of aiding or abetting, attempting, conspiring, or soliciting to59 |
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| 84 | 84 | | commit murder or voluntary manslaughter of another child of such parent;60 |
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| 85 | 85 | | (5) Has been convicted of committing a felony assault that results in serious bodily61 |
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| 86 | 86 | | injury to the child or another child of such parent;62 |
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| 87 | 87 | | (6) Has been convicted of rape, sodomy, aggravated sodomy, child molestation,63 |
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| 88 | 88 | | aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the64 |
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| 89 | 89 | | alleged dependent child or another child of the parent;65 |
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| 90 | 90 | | (7) Is required to register as a sex offender and that preservation of a parent-child66 |
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| 91 | 91 | | relationship is not in the alleged dependent child's best interests; or67 |
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| 92 | 92 | | H. B. 639 |
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| 93 | 93 | | - 3 - 25 LC 48 1541 |
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| 94 | 94 | | (8) Has had his or her rights to a sibling of the alleged dependent child terminated |
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| 95 | 95 | | 68 |
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| 96 | 96 | | involuntarily and the circumstances leading to such termination of parental rights to that69 |
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| 97 | 97 | | sibling have not been resolved."70 |
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| 98 | 98 | | "(c) At each hearing, DFCS shall be required to report in writing to all parties and the court |
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| 99 | 99 | | 71 |
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| 100 | 100 | | whether there are reasonable grounds to believe one or more of the circumstances72 |
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| 101 | 101 | | enumerated in subsection (a) of this Code section exist. The court shall be required to73 |
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| 102 | 102 | | make written findings at each hearing on this issue such circumstances. The court shall74 |
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| 103 | 103 | | within 30 days hold a nonreunification hearing pursuant to Code Section 15-11-204 to75 |
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| 104 | 104 | | determine whether reunification services should be provided."76 |
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| 105 | 105 | | SECTION 4.77 |
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| 106 | 106 | | Said chapter is further amended in Code Section 15-11-204, relating to nonreunification78 |
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| 107 | 107 | | hearing, by revising subsections (a) and (b) as follows:79 |
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| 108 | 108 | | "(a) If the DFCS report does not contain a plan for reunification services, When the court80 |
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| 109 | 109 | | finds reasonable grounds to believe that a circumstance described in subsection (a) of Code81 |
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| 110 | 110 | | Section 15-11-203 exists or the DFCS report does not contain a plan for reunification82 |
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| 111 | 111 | | services, the court shall hold a nonreunification hearing to review the report and the83 |
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| 112 | 112 | | determination that a plan for reunification services is not appropriate. whether reunification84 |
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| 113 | 113 | | is the appropriate plan.85 |
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| 114 | 114 | | (b) The nonreunification hearing shall be held no later than 30 days from the time the86 |
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| 115 | 115 | | DFCS report is filed or the court finds that a reasonable ground for nonreunification exists. 87 |
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| 116 | 116 | | Notice of the nonreunification hearing shall be provided, by summons, to the child88 |
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| 117 | 117 | | adjudicated as a dependent child if he or she is 14 years of age or older; his or her parent,89 |
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| 118 | 118 | | guardian, or legal custodian, attorney, guardian ad litem, if any, and specified nonparties90 |
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| 119 | 119 | | entitled to notice."91 |
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| 120 | 120 | | H. B. 639 |
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| 121 | 121 | | - 4 - 25 LC 48 1541 |
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| 122 | 122 | | SECTION 5. |
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| 123 | 123 | | 92 |
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| 124 | 124 | | Said chapter is further amended by revising Code Section 15-11-233, relating to termination93 |
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| 125 | 125 | | of parental rights and exceptions, as follows:94 |
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| 126 | 126 | | "(a) Except as provided in subsection (b) |
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| 127 | 127 | | (c) of this Code section, DFCS shall file a95 |
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| 128 | 128 | | petition to terminate the parental rights of a parent of a child adjudicated as a dependent96 |
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| 129 | 129 | | child or, if such a petition has been filed by another party, seek to be joined as a party to97 |
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| 130 | 130 | | the petition, and, concurrently, to identify, recruit, process, and approve a qualified family98 |
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| 131 | 131 | | for an adoption if:99 |
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| 132 | 132 | | (1) A child adjudicated as a dependent child has been in foster care under the100 |
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| 133 | 133 | | responsibility of DFCS for 15 of the most recent 22 months;101 |
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| 134 | 134 | | (2) The court has made a determination that the parent has subjected his or her child to102 |
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| 135 | 135 | | aggravated circumstances; or103 |
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| 136 | 136 | | (3) The court has made a determination that the parent of a child adjudicated as a104 |
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| 137 | 137 | | dependent child has been convicted of:105 |
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| 138 | 138 | | (A) The murder of another child of such parent;106 |
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| 139 | 139 | | (B) Murder or murder in the second degree of another child of such parent;107 |
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| 140 | 140 | | (C) Voluntary manslaughter of another child of such parent;108 |
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| 141 | 141 | | (D) Voluntary manslaughter of the other parent of such child;109 |
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| 142 | 142 | | (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or110 |
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| 143 | 143 | | second degree murder or voluntary manslaughter of another child of such parent;111 |
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| 144 | 144 | | (F) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or112 |
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| 145 | 145 | | second degree murder or voluntary manslaughter of the other parent of such child; or113 |
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| 146 | 146 | | (G) Committing felony assault that has resulted in serious bodily injury to such child114 |
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| 147 | 147 | | or to another child of such parent.115 |
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| 148 | 148 | | (b) Unless a compelling reason exists pursuant to subsection (c) of this Code section, the116 |
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| 149 | 149 | | petition required by subsection (a) of this Code section shall be filed within 30 days of a117 |
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| 150 | 150 | | determination by the court that:118 |
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| 151 | 151 | | H. B. 639 |
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| 152 | 152 | | - 5 - 25 LC 48 1541 |
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| 153 | 153 | | (1) Any of the circumstances of described in paragraph (3) of subsection (a) of this Code119 |
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| 154 | 154 | | section exist;120 |
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| 155 | 155 | | (2) DFCS is not required to provide reunification services pursuant to Code Section121 |
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| 156 | 156 | | 15-11-203; or122 |
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| 157 | 157 | | (3) A parent has voluntarily surrendered his or her parental rights.123 |
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| 158 | 158 | | (b)(c) If DFCS has a compelling reason for not filing a termination of parental rights124 |
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| 159 | 159 | | petition pursuant to subsection (a) of this Code section, it shall file with the court, within125 |
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| 160 | 160 | | the deadline for filing such petition, a written report stating that termination Termination126 |
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| 161 | 161 | | of parental rights may not be in the best interests of a child adjudicated as a dependent child127 |
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| 162 | 162 | | when due to one or more of the following:128 |
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| 163 | 163 | | (1) Such child is being cared for by his or her relative that intends to be a permanent129 |
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| 164 | 164 | | placement for such child in accordance with a permanency plan approved by the court130 |
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| 165 | 165 | | and in a time frame that is consistent with the developmental needs of such child;131 |
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| 166 | 166 | | (2) The case plan documents a compelling reason for determining that filing such a132 |
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| 167 | 167 | | petition would not be in the best interests of such child. Such compelling reasons may133 |
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| 168 | 168 | | include, but not be limited to:134 |
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| 169 | 169 | | (A) A parent of such child is successfully participating in services that will make it135 |
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| 170 | 170 | | possible for his or her child to safely return home in the reasonably foreseeable future;136 |
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| 171 | 171 | | (B) Another permanency plan is better suited to meet the health and safety needs of137 |
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| 172 | 172 | | such child. Documentation that another permanent plan is better suited to meet the138 |
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| 173 | 173 | | health and safety needs of such child may include documentation that:139 |
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| 174 | 174 | | (i) Such child is 14 years of age or older and objects to termination of parental rights.140 |
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| 175 | 175 | | Prior to accepting a child's objection, the court shall personally question such child141 |
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| 176 | 176 | | in chambers to determine whether the objection is a voluntary and knowing choice;142 |
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| 177 | 177 | | (ii) Such child is 16 years of age or older and specifically requests that emancipation143 |
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| 178 | 178 | | be established as his or her permanent plan;144 |
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| 179 | 179 | | H. B. 639 |
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| 180 | 180 | | - 6 - 25 LC 48 1541 |
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| 181 | 181 | | (iii) The parent of such child and such child have a significant bond, but such parent |
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| 182 | 182 | | 145 |
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| 183 | 183 | | is unable to care for such child because of an emotional or physical disability and146 |
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| 184 | 184 | | such child's caregiver has committed to raising such child to the age of majority and147 |
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| 185 | 185 | | facilitating visitation with such disabled parent; or148 |
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| 186 | 186 | | (iv) Such child is in a residential treatment facility that provides services specifically149 |
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| 187 | 187 | | designed to address his or her treatment needs and the court determines that his or her150 |
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| 188 | 188 | | needs could not be served by a less restrictive placement;151 |
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| 189 | 189 | | (C) Such child is living with his or her relative who is unable or unwilling to adopt152 |
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| 190 | 190 | | such child, but who is willing and capable of providing such child with a stable and153 |
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| 191 | 191 | | permanent home environment and the removal of such child from the physical custody |
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| 192 | 192 | | 154 |
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| 193 | 193 | | of his or her relative would be detrimental to such child's emotional well-being;155 |
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| 194 | 194 | | (D) The court or judicial citizen review panel, in a prior hearing or review, determined156 |
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| 195 | 195 | | that while the case plan was to reunify the family, DFCS did not make reasonable157 |
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| 196 | 196 | | efforts; or158 |
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| 197 | 197 | | (E) Such child is an unaccompanied refugee or there are international legal obligations159 |
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| 198 | 198 | | or foreign policy reasons that would preclude terminating parental rights; or160 |
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| 199 | 199 | | (3) DFCS has not provided to the family of such child services deemed necessary for his161 |
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| 200 | 200 | | or her safe return to his or her home, consistent with the specific time frames for the162 |
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| 201 | 201 | | accomplishment of the case plan goals.163 |
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| 202 | 202 | | (c)(d) The recommendation by DFCS that termination of parental rights is not in the best164 |
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| 203 | 203 | | interests of a child shall be based on the present family circumstances of such child and165 |
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| 204 | 204 | | shall not preclude a different recommendation at a later date if the family circumstances166 |
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| 205 | 205 | | of a child adjudicated as a dependent child change.167 |
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| 206 | 206 | | (d)(e) At least 30 days prior to the fifteenth month a child has been in foster care and when168 |
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| 207 | 207 | | the court deems appropriate, the court shall review DFCS's determination that filing a169 |
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| 208 | 208 | | petition to terminate parental rights would not be in the best interests of such child, as170 |
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| 209 | 209 | | provided for in paragraph (2) of subsection (b) (c) of this Code section. Such hearing may171 |
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| 210 | 210 | | H. B. 639 |
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| 211 | 211 | | - 7 - 25 LC 48 1541 |
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| 212 | 212 | | be in conjunction with other matters of the case. At such hearing, the court may appoint |
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| 213 | 213 | | 172 |
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| 214 | 214 | | an attorney guardian ad litem, who may, after his or her own determination, file a petition173 |
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| 215 | 215 | | to terminate parental rights on behalf of the child. The court in its sole discretion may174 |
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| 216 | 216 | | make any additional rulings."175 |
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| 217 | 217 | | SECTION 6.176 |
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| 218 | 218 | | Said chapter is further amended in Code Section 15-11-310, relating to grounds for177 |
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| 219 | 219 | | determining termination of parental rights, by revising subsection (a) as follows:178 |
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| 220 | 220 | | "(a) In considering the termination of parental rights, the court shall first determine179 |
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| 221 | 221 | | whether one of the following statutory grounds for termination of parental rights has been180 |
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| 222 | 222 | | met:181 |
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| 223 | 223 | | (1) The parent has given written consent to termination which has been acknowledged182 |
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| 224 | 224 | | by the court or has voluntarily surrendered his or her child for adoption;183 |
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| 225 | 225 | | (2) The parent has subjected his or her child to aggravated circumstances;184 |
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| 226 | 226 | | (3) The parent has wantonly and willfully failed to comply for a period of 12 months or185 |
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| 227 | 227 | | longer with a decree to support his or her child that has been entered by a court of186 |
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| 228 | 228 | | competent jurisdiction of this or any other state;187 |
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| 229 | 229 | | (4) A child is abandoned, as such term is defined in Code Section 15-11-2, |
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| 230 | 230 | | by his or her188 |
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| 231 | 231 | | parent; or189 |
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| 232 | 232 | | (5) A child is a dependent child due to lack of proper parental care or control by his or190 |
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| 233 | 233 | | her parent, reasonable efforts to remedy the circumstances have been unsuccessful or191 |
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| 234 | 234 | | were not required, such cause of dependency is likely to continue or will not likely be192 |
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| 235 | 235 | | remedied in the reasonably foreseeable future, and:193 |
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| 236 | 236 | | (A) Returning such child to his or her parent is likely to cause serious physical, mental,194 |
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| 237 | 237 | | moral, or emotional harm to such child or threaten the physical safety or well-being of195 |
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| 238 | 238 | | such child; or Continuation of the parent and child relationship will cause or is likely196 |
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| 239 | 239 | | to cause significant physical, mental, moral, or emotional harm to such child; or197 |
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| 240 | 240 | | H. B. 639 |
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| 241 | 241 | | - 8 - 25 LC 48 1541 |
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| 242 | 242 | | (B) Continuation of the parent and child relationship will cause or is likely to cause198 |
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| 243 | 243 | | serious physical, mental, moral, or emotional harm to such child.199 |
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| 244 | 244 | | (B) In determining harm to the child as required by this subsection, the General200 |
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| 245 | 245 | | Assembly finds that children have a strong biological and psychological need for stable201 |
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| 246 | 246 | | attachment to a trusted adult caregiver, and that lack of such attachment is harmful to202 |
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| 247 | 247 | | the child. Therefore, in considering whether the child will suffer serious physical,203 |
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| 248 | 248 | | mental, moral, or emotional harm under this Code section, the court shall consider:204 |
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| 249 | 249 | | (i) Whether the child is attached to the parent, and the quality of any such attachment;205 |
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| 250 | 250 | | (ii) Whether the child is attached to an alternative caregiver, and the quality of any206 |
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| 251 | 251 | | such attachment;207 |
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| 252 | 252 | | (iii) The psychological needs of the child for secure attachment; and208 |
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| 253 | 253 | | (iv) The danger of further disruptions to the child's attachments."209 |
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| 254 | 254 | | SECTION 7.210 |
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| 255 | 255 | | This Act shall become effective upon its approval by the Governor or upon its becoming law211 |
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| 256 | 256 | | without such approval and shall apply to all dependency and termination of parental rights212 |
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| 257 | 257 | | cases currently pending, and all such cases later filed, in the juvenile court.213 |
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| 258 | 258 | | SECTION 8.214 |
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| 259 | 259 | | All laws and parts of laws in conflict with this Act are repealed.215 |
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| 260 | 260 | | H. B. 639 |
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| 261 | 261 | | - 9 - |
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