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