HB552: HB552 Brittany Patterson Act; enact

Georgia law currently defines neglect and child cruelty in ways that could, in theory, apply to parents who let their children do everyday independent activities like walking to school or playing outside without an adult. This bill changes the definition of neglect in the juvenile code (O.C.G.A. § 15-11-2) and adds exceptions to the reckless conduct and cruelty to children laws (O.C.G.A. §§ 16-5-60 and 16-5-70) so that parents acting in good faith who let a child travel to school alone, play outside, stay in a car briefly, or stay home alone under certain safety conditions are not violating those laws. The bill also blocks state and local government workers, including law enforcement and child welfare investigators, from stopping, arresting, or investigating a parent who is following these new rules, unless the child appears injured or at real risk of harm. Government employees who follow the law's protocol in good faith would be immune from being sued or criminally charged if a child is later hurt. The law would take effect July 1, 2025, and the new criminal provisions would apply to offenses committed on or after that date.

• Rewrites the definition of neglect in Georgia's juvenile code (O.C.G.A. § 15-11-2) to exclude specific independent activities parents allow their children to do, like walking to school or playing outside.
• Adds an exception to the reckless conduct law (O.C.G.A. § 16-5-60) so a parent's decision to allow these independent activities does not count as a gross deviation from the standard of care.
• Adds new exceptions to the cruelty to children law (O.C.G.A. § 16-5-70) protecting parents who let kids travel alone, stay briefly in a car, or stay home unsupervised under listed safety conditions.
• Bars state and local government entities, officers, and employees from detaining, arresting, charging, or investigating a parent who is complying with these new rules unless the child appears injured or at imminent risk of harm.
• Grants government employees and agents, including police and child welfare workers, immunity from criminal and civil liability if they act in good faith under the new protocol and a child is later injured or dies.
• Sets the effective date as July 1, 2025, with the new criminal exceptions applying to offenses committed on or after that date.

Parents and legal guardians of minor children in Georgia, children themselves, the Division of Family and Children Services, local law enforcement agencies and officers, and other state and local government employees involved in investigating or responding to reports of neglect or child cruelty.

Parents who let their children walk to school alone, play outside unsupervised, or stay home briefly without an adult would have specific legal protection against neglect or cruelty charges, while police and child welfare workers following the new rules in good faith would be shielded from lawsuits or prosecution if something later goes wrong.

• Section 1 names the bill the 'Georgia Parents, Children, Child Welfare, and Law Enforcement Protection and Fiscal Responsibility Act,' also called the Brittany Patterson Act.
• Section 2 lays out legislative findings that parental rights are sometimes infringed and that clearer definitions would protect both children and government resources.
• Section 3 revises the definition of 'neglect' in O.C.G.A. § 15-11-2 to exclude listed independent activities like unsupervised travel to school, outdoor play, and short unsupervised time at home under specified safety conditions.
• Section 4 amends the reckless conduct law (O.C.G.A. § 16-5-60) so covered parental decisions are not a 'gross deviation from the standard of care,' and grants immunity to government employees acting in good faith.
• Section 5 amends the cruelty to children law (O.C.G.A. § 16-5-70) to add the same list of protected independent activities, bar government interference with compliant parents, and grant immunity to government agents acting in good faith.
• Section 6 sets the effective date at July 1, 2025, with Sections 4 and 5's criminal provisions applying to offenses on or after that date.

1. 2025-02-24House Second Readers (House)
2. 2025-02-21House First Readers (House)
3. 2025-02-20House Hopper (House)

• Noelle Kahaian (R, HD-081)Primary sponsor
• Charlice Byrd (R, HD-020)
• Long Tran (D, HD-080)

• child neglect law
• parental rights
• child welfare investigations
• free range parenting
• criminal liability immunity