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Senate Bill 133

A BILL TO BE ENTITLED
AN ACT

1 To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the
2 juvenile code, so as to create a uniform process to assume custody of children as a result of
3 disposition orders; to provide for reporting requirements; to provide for a hearing; to provide
4 for related matters; to repeal conflicting laws; and for other purposes.

5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

6 SECTION 1.
7 Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile
8 code, is amended by adding a new subsection to Code Section 15-11-442, relating to
9 disposition hearing, time limitations, and disposition of a child in need of services, to read
10 as follows:
11 "(a.1)(1) As used in this subsection, the term 'CHINS' means a child in need of services.
12 (2) Prior to placing a child in the custody of DFCS as provided by this Code section, the
13 court shall:
14 (A) Inquire of all the parties to the CHINS case as to what services have been provided
15 to the child or his or her parent or guardian;

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16 (B) Inquire of all the parties to the CHINS case as to what services are available to the
17 child or his or her parent or guardian which could allow the child to remain in his or her
18 home;
19 (C) Confirm that all parties to the CHINS case have exhausted efforts to secure
20 placement of the child other than in the custody of DFCS;
21 (D) Make a child protective services report to the Statewide Child Protective Services
22 Intake Communications Center (CICC);
23 (E) Notify DFCS through the county director, the court liaison, or the attorney
24 representing DFCS by phone or email that the court will be considering placing the
25 child into the custody of DFCS. DFCS shall have an opportunity to be present at the
26 case disposition hearing of the child in need of services where the court is considering
27 placing such child into DFCS custody;
28 (F) Provide DFCS sufficient time to make reasonable efforts to avoid removal of the
29 child into DFCS custody; and
30 (G) Provide DFCS a meaningful opportunity to request a continuance for good cause
31 so that reasonable efforts may be made to avoid the child entering DFCS custody.
32 Where good cause exists, DFCS shall have a minimum of 24 hours, excluding
33 weekends and holidays, to make reasonable efforts to avoid the child entering DFCS
34 custody.
35 (3) Any order removing a child from his or her home shall be based upon a finding by
36 the court that:
37 (A) DFCS has been provided a meaningful opportunity to make reasonable efforts to
38 avoid the removal of the child from his or her home and whether such reasonable
39 efforts have been made by DFCS;
40 (B) Continuation of the child in his or her home would be contrary to such child's
41 welfare; and
42 (C) Removal is in such child's best interest.

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43 (4) Once a child has been ordered into the custody of DFCS, the court shall comply with
44 Article 3 of Chapter 11 of this title, including conducting a preliminary protective hearing
45 not later than 72 hours after the child is placed in DFCS custody as required by Code
46 Section 15-11-145.
47 (5) All parties to the CHINS case shall provide copies of all medical, psychological, and
48 educational assessments and reports pertaining to the child and the child's parent or
49 guardian in their possession to DFCS within 72 hours of any referral to DFCS by the
50 court or the parties of the CHINS case.
51 (A) The court shall make an inquiry as to whether any parties to the CHINS case or
52 court personnel, including the court clerk's file, have either possession of or immediate
53 access to such records. The parties or personnel in possession of such records or with
54 access to such records shall provide copies of all such records to DFCS and an
55 opportunity to review such records prior to DFCS assuming physical custody of the
56 child, notwithstanding any provisions granting DFCS immediate custody of the child;
57 (B) Each county DFCS office shall designate at least one county DFCS employee to
58 receive such documents via email; and
59 (C) The court shall also inquire of all parties to the CHINS case as to the existence of
60 assessments, evaluations, and reports pertaining to the child that are not in the
61 possession of the parties. If any such records exist, the court shall have an affirmative
62 duty to issue a subpoena for or immediately order the production of said records to be
63 made available to DFCS."

64 SECTION 2.
65 Said chapter is further amended by adding a new subsection to Code Section 15-11-601,
66 relating to disposition of delinquent act, to read as follows:
67 "(a.1)(1) Prior to placing a child in the custody of DFCS as provided by this Code
68 section, the court shall:

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69 (A) Inquire of all the parties to the delinquency case as to what services have been
70 provided to the child or his or her parent or guardian;
71 (B) Confirm that all parties to the delinquency case have exhausted efforts to secure
72 placement of the child other than in the custody of DFCS;
73 (C) Make a child protective services report to the Statewide Child Protective Services
74 Communications Center (CICC);
75 (D) Notify DFCS through the county director, the court liaison, or the attorney
76 representing DFCS by phone or email that the court will be considering placing the
77 child into the custody of DFCS. DFCS shall have an opportunity to be present at the
78 delinquency hearing where the court is considering placing such child into DFCS
79 custody;
80 (E) Provide DFCS sufficient time to make reasonable efforts to avoid removal of the
81 child into DFCS custody; and
82 (F) Provide DFCS a meaningful opportunity to request a continuance for good cause
83 so that reasonable efforts may be made to avoid the child entering DFCS custody.
84 Where good cause exists, DFCS shall have a minimum of 24 hours, excluding
85 weekends and holidays, to make reasonable efforts to avoid the child entering DFCS
86 custody.
87 (2) Any order removing a child from his or her home shall be based upon a finding that:
88 (A) DFCS has had an opportunity to make reasonable efforts to avoid the removal of
89 the child from his or her home, and whether such reasonable efforts have been made by
90 DFCS;
91 (B) Continuation of the child in his or her home would be contrary to such child's
92 welfare; and
93 (C) Removal is in such child's best interest.
94 (3) Once a child has been ordered into the custody of DFCS, the court shall comply with
95 Article 3 of Chapter 11 of this title ,including conducting a preliminary protective hearing

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96 to be held not later than 72 hours after the child is placed in DFCS custody as required
97 by Code Section 15-11-145.
98 (4) All parties to the delinquency case shall provide copies of all medical, psychological,
99 and educational assessments and reports pertaining to the child and the child's parent or
100 guardian in their possession to DFCS within 72 hours of any referral to DFCS by the
101 court or the parties to the delinquency case.
102 (A) The court shall make an inquiry as to whether any parties to the delinquency case
103 or court personnel, including the court clerk's file, have either possession of or
104 immediate access to such records. The parties or personnel in possession of such
105 records or with access to such records shall provide copies of all such records to the
106 DFCS prior to DFCS assuming physical custody of the child, notwithstanding any
107 provisions granting DFCS immediate custody of the child;
108 (B) Each county DFCS office shall designate at least one county DFCS employee to
109 receive such documents via email; and
110 (C) The court shall also inquire of all parties to the delinquency case as to the existence
111 of assessments, evaluations, and reports pertaining to the child that are not in the
112 possession of the parties. If any such records exist, the court shall have an affirmative
113 duty to issue a subpoena for or immediately order the production of said records to be
114 made available to DFCS."

115 SECTION 3.
116 All laws and parts of laws in conflict with this Act are repealed.

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