HB253: HB253 Ethan's Law; enact

Under current Georgia law (O.C.G.A. § 19-9-3), judges deciding child custody or visitation disputes can order psychological or medical evaluations of a family. This bill keeps that power but adds a new limit: judges could no longer order what the bill calls family reunification treatments or services as part of a custody case. The bill adds a definition of that term to Georgia's custody law (O.C.G.A. § 19-9-6). It covers therapeutic programs that involve court ordered limits on a child's contact with a parent or guardian, overnight stays at out-of-state facilities, hotels, motels, or camps, use of private transporters who use force or coercion against a child, or required attendance at certain educational or experiential workshops. The law would take effect July 1, 2025, and applies to future custody proceedings.

• Bars judges handling child custody or visitation cases from ordering family reunification treatments or services, while still allowing psychological or medical evaluations.
• Adds a legal definition of 'family reunification treatments or services' to Georgia's custody statute, covering four specific program features.
• Clarifies that court appointed custody evaluators and guardians ad litem are shielded from civil liability unless they acted in bad faith.
• Sets the short title of the Act as 'Ethan's Law' and makes it effective July 1, 2025.

Parents and children involved in Georgia child custody or visitation disputes, judges presiding over those cases, court appointed custody evaluators and guardians ad litem, and providers of reunification-style therapeutic programs, including out-of-state facilities and private youth transport services.

Families going through contested custody cases would no longer be able to have a judge order programs that restrict a child's contact with a parent, involve overnight stays away from home, or use forceful transport, changing what remedies courts can order in disputes over parental access.

• Section 1 names the Act 'Ethan's Law.'
• Section 2 revises O.C.G.A. § 19-9-3(a)(7) so judges may still order psychological or medical evaluations but may not order family reunification treatments or services.
• Section 2 also keeps existing civil liability protection for court appointed evaluators and guardians ad litem, unless they acted in bad faith.
• Section 3 adds a definition of 'family reunification treatments or services' to O.C.G.A. § 19-9-6, listing four qualifying features such as restricted contact, out-of-state overnight stays, forceful private transport, and mandatory workshops.
• Section 4 sets the effective date as July 1, 2025.
• Section 5 repeals conflicting laws.

1. 2025-04-04House Agreed Senate Amend or Sub As Amended (House)
2. 2025-04-02Senate Passed/Adopted By Substitute (Senate)
3. 2025-04-02Senate Third Read (Senate)
4. 2025-04-02Senate Taken from Table (Senate)
5. 2025-03-31Senate Tabled (Senate)
6. 2025-03-21Senate Read Second Time (Senate)
7. 2025-03-20Senate Committee Favorably Reported By Substitute (Senate)
8. 2025-02-27Senate Read and Referred (Senate)

• David Clark (R, HD-100)Primary sponsor
• Houston Gaines (R, HD-120)
• Todd Jones (R, HD-025)
• Stacey Evans (D, HD-057)
• Trey Kelley (R, HD-016)
• Stan Gunter (R, HD-008)
• Chuck Payne (R, SD-054)

1. PassedHouse voteFebruary 26, 2025

   166 yea, 0 nay (5 not voting, 9 absent)

   Passage: House Vote #87

2. PassedSenate voteApril 2, 2025

   55 yea, 0 nay (0 not voting, 1 absent)

   Passage By Substitute: Senate Vote #422

3. PassedHouse voteApril 4, 2025

   146 yea, 15 nay (5 not voting, 14 absent)

   Agree To Senate Sub As Amended By House: House Vote #439

• child custody
• family law
• parental rights
• court orders
• children and families