HB256: HB256 Social services; foster parents bill of rights; revise provisions

26 HB 256/AP House Bill 256 (AS PASSED HOUSE AND SENATE) By: Representatives Wiedower of the 121st, Gullett of the 19th, Efstration of the 104th, Clifton of the 131st, Hatchett of the 155th, and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Co de of Georgia Annotated,1 relating to general provisions relative to the juvenile code, so as to require the recording of2 all proceedings under the juvenile code; to establish the right of parties to obtain a full and3 complete record of proceedings under the juvenile code; to esta blish the right of the4 Department of Human Services to obtain a full and complete record of proceedings under the5 juvenile code in which it has been permitted to participate by the juvenile court; to amend6 Chapter 5 of Title 49 of the Official Code of Georgia Annotated , relating to programs and7 protection for children, so as to revise provisions relating to the "Foster Placements Bill of8 Rights"; to provide for definitions; to provide that such rights include relative caregivers and9 fictive kin; to provide for the development of administrative p rocedures; to provide for10 related matters; to provide for a short title; to provide for a n effective date; to repeal11 conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 H. B. 256 - 1 - 26 HB 256/AP SECTION 1.14 Article 1 of Chapter 11 of Title 15 of the Official Code of Geo rgia Annotated, relating to15 general provisions relative to the juvenile code, is amended by revising Code Section16 15-11-17, relating to conduct of hearings generally and applicability of Title 24, as follows:17 "15-11-17.18 (a) All hearings under this chapter shall be conducted by the court without a jury. Any19 hearing may be adjourned from time to time within the discretion of the court.20 (b) Except as otherwise provided, all hearings shall be conduc ted in accordance with21 Title 24.22 (c) All proceedings under this chapter Proceedings shall be recorded by stenographic notes23 or by electronic, mechanical, or other appropriate means capable of accurately capturing24 a full and complete record of all words spoken during the proceedings.25 (d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the26 juvenile court, or any person sitting as a juvenile court judge may conduct hearings in27 connection with any proceeding under this chapter in any county within the judicial circuit. 28 When a superior court judge sits as a juvenile court judge, hearings in connection with any29 proceeding under this chapter may be heard before such judge in any county within the30 judicial circuit over which the judge presides."31 SECTION 2.32 Said article is further amended by revising Code Section 15-11- 19, relating to rights of33 parties to proceedings, as follows:34 "15-11-19.35 (a) A party has the right to be present, to be heard, to prese nt evidence material to the36 proceedings, to cross-examine witnesses, to examine pertinent court files and records, and37 to appeal the orders of the court; provided, however, that the court shall retain the38 discretion to exclude a child from any part or parts of any pro ceeding under Article 3 of39 H. B. 256 - 2 - 26 HB 256/AP this chapter if the court determines that it is not in such child's best interests to be present. 40 An attorney for an excluded child shall not be excluded from the proceedings.41 (b) A person afforded rights under this chapter shall be advis ed of such rights at that42 person's first appearance before the court.43 (c) A party shall have the right to the full and complete reco rd of any proceeding under44 this chapter and shall not be required to obtain or produce a court order to receive any such45 full and complete record.46 (d) The department shall have the right to the full and complete record of any proceeding47 under this chapter in which the court has allowed its participa tion and such department48 shall not be required to obtain or produce a court order to rec eive any such full and49 complete record."50 SECTION 3.51 Chapter 5 of Title 49 of the Official Code of Georgia Annotated , relating to programs and52 protection for children, is amended by revising Code Section 49-5-280, relating to short title,53 as follows:54 "49-5-280.55 This article shall be known and may be cited as the 'Foster Par ents Placements Bill of56 Rights.'"57 SECTION 4.58 Said chapter is further amended in Code Section 49-5-41, relating to persons and agencies59 permitted access to records, by adding a new subsection to read as follows:60 "(h) As used in this subsection, the terms 'certified volunteer advocate' and 'foster61 placement' shall have the same meanings as set forth in Code Se ction 49-5-281. 62 Notwithstanding any other provision of law, any foster placemen t shall have reasonable63 access to nonidentifying information from the placement or child protective services record64 H. B. 256 - 3 - 26 HB 256/AP compiled by any state department or agency having custody of a child with respect to any65 child who has been placed in the care or custody of such agency, excluding all documents66 obtained from outside sources which cannot be redisclosed under state or federal law. A67 department or agency shall respond to a request for access to a child's record within 1468 days of receipt of such written request. A foster placement ma y share such information69 with a certified volunteer advocate he or she has enlisted to participate in investigations and70 meetings with the department pursuant to Code Section 49-5-281. Any foster placement71 or certified volunteer advocate who has access to a child's records shall be subject to the72 penalties imposed by Code Section 49-5-44 for unauthorized acce ss to or use of such73 records. Such record shall include reports of abuse of such child and the social history of74 the child and the child's family, the medical history of such child, including psychological75 or psychiatric evaluations, educational records as allowed by state or federal law, and any76 plan of care or placement plan developed by the department."77 SECTION 5.78 Said chapter is further amended by revising Code Section 49-5-281, relating to bill of rights79 for foster parents and grievances for violations, as follows:80 "49-5-281.81 (a) As used in this Code section, the term:82 (1) 'Certified volunteer advocate' means an individual approved as a volunteer advocate83 by the Office of the Child Advocate for the Protection of Children.84 (2) 'Fictive kin' shall have the same meaning as in Code Section 15-11-2.85 (3) 'Foster placement' means foster parents, relative caregive rs, and fictive kin who86 provide care for children in the custody of the Division of Family and Children Services87 of the Department of Human Services.88 (4) 'Reasonable and prudent parent standard' shall have the sa me meaning as in Code89 Section 49-5-3.90 H. B. 256 - 4 - 26 HB 256/AP (5) 'Relative caregiver' means a grandparent, great-grandparent, aunt, uncle, great aunt,91 great uncle, cousin, sibling, stepparent, or stepsibling who has assumed responsibility for92 raising a child in an informal, noncustodial, or guardianship capacity.93 (b) The General Assembly finds that foster parents placements providing care for children94 who are in the custody of the Department of Human Services play an integral,95 indispensable, and vital role in the state's effort to care for dependent children displaced96 from their homes. The General Assembly further finds that it i s in the best interest of97 Georgia's child welfare system to acknowledge foster parents these caregivers as active and98 participating members of this system and to support them throug h the following bill of99 rights for foster parents placements who care for children in the custody of the Department100 of Human Services through direct approval and placement by the department:101 (1) The right to be treated by the Division of Family and Chil dren Services of the102 Department of Human Services and other partners in the care of abused children with103 dignity, respect, and trust as a primary provider of foster car e and a member of the104 professional team caring for foster children children in foster care;105 (2) The right not to be discriminated against on the basis of religion, race, color, creed,106 gender, marital status, national origin, age, or physical handicap;107 (3) The right to continue with his or her own family values an d beliefs, so long as the108 values and beliefs of the foster child and the birth family are not infringed upon and109 consideration is given to the special needs of children who have experienced trauma and110 separation from their families. This shall include the right to exercise parental authority111 within the limits of policies, procedures, and other directions of the Division of Family112 and Children Services and within the limits of the laws of the State of Georgia;113 (3.1) The right to use a reasonable and prudent parent standar d when determining the114 ability of a child in foster care to engage in extracurricular, enrichment, cultural, social,115 or skill-building activities;116 H. B. 256 - 5 - 26 HB 256/AP (4) The right to receive both standardized pre-service trainin g, including training in117 Division of Family and Children Services policies and procedure s and appropriate118 ongoing training, by the Division of Family and Children Servic es or the placing119 child-placing agency at appropriate intervals to meet mutually assessed needs of the child120 and to improve the skills of foster parents' placements skills and to apprise foster parents121 placements of any changes in applicable policies and procedures of the Division of122 Family and Children Services and any changes in applicable law;123 (5) The right to be apprised of, and to seek out from independent sources, information,124 laws, and guidelines on the obligations, responsibilities, and opportunities of foster125 parenting fostering and to be kept informed of any changes in applicable laws, policies,126 and procedures regarding foster parenting by the Division of Fa mily and Children127 Services in a timely manner and at least annually;128 (6) The right to receive timely financial reimbursement according to the any agreement129 between the foster parents placement and the Department of Human Services from funds130 appropriated by the General Assembly and to be notified of any costs or expenses for131 which the foster parent placement may be eligible for reimbursement;132 (7) The right to receive information from the Division of Family and Children Services133 on how to receive services and reach personnel 24 hours per day, seven days per week;134 (8) The right prior to the placement of a child to be notified of any issues relative to the135 child that may jeopardize the health and safety of the foster f amily placements or the136 child or alter the manner in which foster care should be administered;137 (9) The right to discuss information regarding the child prior to placement. The Division138 of Family and Children Services will provide such information as it becomes available139 as allowable under state and federal laws;140 (10) The right to refuse placement of a child in the foster home placement or to request,141 upon reasonable notice, the removal of a child from the foster home without fear of142 reprisal or any adverse effect on being assigned any future foster or adoptive placements;143 H. B. 256 - 6 - 26 HB 256/AP (11) The right to receive any information through the Division of Family and Children144 Services regarding the number of times a foster child in foster care has been moved and145 the reasons therefor; and to receive the names and phone numbers of the previous foster146 parents if the previous foster parents placement if the previous foster placements have147 authorized such release and as allowable under state and federal law;148 (12) The right, at any time during which a child is placed wit h the foster parent149 placement, to receive from the Division of Family and Children Services any and all150 additional pertinent information relevant to the care of the child;151 (13) The right to be provided with a written copy of the individual treatment and service152 plan or case plan created pursuant to Code Section 15-11-201 concerning the child in the153 foster parent's placement's home and to discuss such plan with the case manager, as well154 as reasonable notification of any changes to that plan;155 (14) The right to participate in the planning of visitation wi th the child and the child's156 biological family with the foster parents recognizing that visi tation with his or her157 biological family is important to the child;158 (15) The right to participate in the case planning and decision-making process with the159 Division of Family and Children Services regarding the child as provided in Code160 Section 15-11-201;161 (16) The right to provide input concerning the plan of services for the child and to have162 that input considered by the department;163 (17) The right to communicate for the purpose of participating in the case of the foster164 child with other professionals who work with such child within the context of the165 professional team, including, but not limited to, therapists, physicians, and teachers, as166 allowable under state and federal law;167 (18) The right to be notified in advance, in writing, by the D ivision of Family and168 Children Services or the court of any hearing or review where t he case plan or169 permanency of the child is an issue, including initial and peri odic reviews held by the170 H. B. 256 - 7 - 26 HB 256/AP court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel171 in accordance with Code Section 15-11-217, hearings following revocation of the license172 of an agency which has permanent custody of a child in accordan ce with Code173 Section 31-2-6, and permanency plan hearings in accordance with Code174 Section 15-11-230;175 (19) The right to be considered, where appropriate, as a prefe rential placement option176 when a child who was formerly placed with the foster parents placement has reentered177 the foster care system;178 (20) The right to be considered, where appropriate, as the fir st choice as a permanent179 parent or parents for a child who, after 12 months of placement in the foster home foster180 placement, is released for adoption or permanent foster care;181 (21) The right to be provided a fair and timely investigation of complaints concerning182 the operation of a foster placement home;183 (22) The right to an explanation of a corrective action plan or policy violation relating184 to foster parents; and placements;185 (23) The right, to the extent allowed under state and federal law, to have an advocate186 present at all portions of investigations of abuse and neglect at which an accused foster187 parent is present. Child abuse and neglect investigations shall be investigated pursuant188 to Division of Family and Children Services policies and procedures, and any removal189 of a foster child shall be conducted pursuant to those policies and procedures. The190 Division of Family and Children Services will permit volunteers with the Adoptive and191 Foster Parent Association of Georgia to be educated concerning the procedures relevant192 to investigations of alleged abuse and neglect and the rights o f accused foster parents. 193 After such training, a volunteer will be permitted to serve as an advocate for an accused194 foster parent. The right to be provided a fair, timely, and impartial invest igation of195 complaints concerning the foster placement's home, to be provid ed the opportunity to196 have a certified volunteer advocate of the foster placement's choosing present during the197 H. B. 256 - 8 - 26 HB 256/AP investigation, and to be provided due process during the invest igation. All198 communication received by the certified volunteer advocate in this capacity shall be199 strictly confidential;200 (24) The right to request that a certified volunteer advocate be present at all meetings201 with the department where the foster placement is present, including, but not limited to,202 individual treatment and service planning, administrative heari ngs, the grievance and203 mediation process, the adoption process, and any meetings relat ing to an allegation204 process. All communication received by the certified volunteer advocate in this capacity205 shall be strictly confidential;206 (25) The right to be free from retaliation or discrimination based upon the filing of any207 complaint or grievance with the Division of Family and Children Services; and208 (26) The right to seek and obtain independent legal advice and counsel regarding the209 foster placement's status.210 (b)(c) This bill of rights shall be given full consideration when Di vision of Family and211 Children Services policies regarding foster care and adoptive placement are developed.212 (c)(d) Foster parents placements who care for children in the custody of the Department213 of Human Services through direct approval and placement by the department shall have the214 right to file a grievance in response to any violation of this article, which shall be such215 foster parents' exclusive administrative remedy for any violati on of this article . The216 Division of Family and Children Services and the Office of the Child Advocate for the217 Protection of Children, along with an advisory committee comprised composed in part of218 representatives from the Adoptive and Foster Parent Association of Georgia, who provide219 private placements foster placement advocacy organizations, will develop a grievance220 procedure, including a mediation procedure and an administrativ e procedure , to be221 published in departmental policy manuals and the Foster Parent Handbook no later than222 July 1, 2005 2026.223 H. B. 256 - 9 - 26 HB 256/AP (d)(e) The General Assembly further finds that it is also in the bes t interest of Georgia's224 child welfare system for the Division of Family and Children Services of the Department225 of Human Services to recognize the bill of rights, with reasonable modifications made to226 adapt the provisions as required to make them applicable to pri vate agencies, by227 incorporating them into contracts with private agencies serving children in the custody of228 the Department of Human Services. The Department of Human Services shall, by contract,229 require that providers, with whom it contracts for the placement of children in its custody,230 give full consideration to the rights in subsection (a) (b) of this Code section in developing231 their policies, practices, and procedures regarding foster care and adoptive placement. The232 department shall provide information needed by the contractors to meet the requirements233 of this subsection in a timely manner.234 (e)(f) The Department of Human Services, in consultation with approp riate provider235 associations and the Adoptive and Foster Parent Association of Georgia foster parent236 advocacy organizations , shall develop a grievance procedure for dealing with any237 grievances their foster parents have in response to any violation of this article, no later than238 July 1, 2007 2026 . The department shall enforce this provision through policies a n d239 procedures and through its contracts with providers."240 SECTION 6.241 This Act shall become effective upon its approval by the Governor or upon its becoming law242 without such approval.243 SECTION 7.244 All laws and parts of laws in conflict with this Act are repealed.245 H. B. 256 - 10 -