SB110: SB110 Definitions Relative to the Juvenile Code; definition of neglect and to provide for new definitions

Under current Georgia law, the juvenile code's definition of neglect (O.C.G.A. § 15-11-2) is broad enough that letting a child do everyday independent things, like walking home from school or playing outside unsupervised, could potentially be treated as neglect. This bill narrows that definition. It adds a new term, 'independent activity,' covering things like playing alone indoors or outdoors, walking to or from school, running errands, or going to local stores or recreation spots without direct adult supervision. It also defines 'blatant disregard' as a real, significant, and imminent risk of harm so obvious that a reasonable caregiver would not have exposed the child to it without taking precautions. The bill then says neglect does not include a legal custodian letting a child engage in independent activities, as long as the custodian reasonably believes the child is mature and capable enough to avoid substantial risk of harm. It makes a matching change to Georgia's reckless conduct law (O.C.G.A. § 16-5-60), protecting custodians from misdemeanor reckless conduct charges for the same kind of independent-activity decisions, unless the conduct rises to neglect. The law takes effect July 1, 2025, and the reckless conduct change applies to offenses committed on or after that date.

• Adds a new definition of 'blatant disregard' to Georgia's juvenile code, describing an obvious and imminent risk of harm a reasonable caregiver would have guarded against.
• Creates a new definition of 'independent activity' covering things like unsupervised outdoor play, walking to school, running errands, or visiting local stores without direct adult supervision.
• Revises the definition of 'neglect' so it does not include a legal custodian permitting independent activities, as long as the custodian reasonably believes the child can handle it safely.
• Amends the reckless conduct law (O.C.G.A. § 16-5-60) so caregivers cannot be charged with that misdemeanor for allowing independent activities, unless the conduct amounts to neglect.
• Sets a July 1, 2025 effective date, with the reckless conduct change applying to offenses committed on or after that date.

Parents, guardians, and other legal custodians of children in Georgia; child welfare and juvenile court officials who apply the neglect definition; and prosecutors and law enforcement handling reckless conduct charges involving children left to do everyday unsupervised activities.

Caregivers who let children walk to school, play outside, or run errands alone would have clearer legal protection from neglect findings or reckless conduct charges, as long as they reasonably judged the child capable of handling it, changing how such cases are evaluated by courts and child welfare authorities.

• Section 1 adds paragraph (6.1) defining 'blatant disregard' as an obvious, imminent risk of harm a reasonable custodian would have guarded against.
• Section 1 adds paragraph (37.1) defining 'independent activity' to include unsupervised play, walking to or from school, errands, and trips to local commercial or recreational facilities.
• Section 1 revises paragraph (48)'s definition of 'neglect' to exclude a custodian permitting independent activities when the custodian reasonably believes the child can avoid substantial risk of harm.
• Section 2 amends O.C.G.A. § 16-5-60(b) to exempt custodians from reckless conduct misdemeanor liability for permitting independent activities, unless it constitutes neglect.
• Section 3 sets the effective date as July 1, 2025, with the reckless conduct change applying only to offenses committed on or after that date.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 284
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-07Senate Sent to Governor (Senate)
5. 2025-03-25House Passed/Adopted (House)
6. 2025-03-25House Third Readers (House)
7. 2025-03-13House Committee Favorably Reported (House)
8. 2025-03-10House Second Readers (House)

• Jason Anavitarte (R, SD-031)Primary sponsor
• Randy Robertson (R, SD-029)
• Jason Esteves (D, SD-035)
• Kay Kirkpatrick (R, SD-032)
• Eddie Lumsden (R, HD-012)

1. PassedSenate voteMarch 4, 2025

   52 yea, 1 nay (0 not voting, 3 absent)

   Passage By Substitute: Senate Vote #153

2. PassedHouse voteMarch 25, 2025

   100 yea, 69 nay (4 not voting, 7 absent)

   Passage: House Vote #310

• child neglect law
• juvenile code
• parental rights
• reckless conduct law
• child safety