HB552: HB552 Brittany Patterson Act; enact

25 LC 48 1493 House Bill 552 By: Representatives Kahaian of the 81st, Byrd of the 20th, and Tran of the 80th A BILL TO BE ENTITLED AN ACT To amend Code Section 15-11-2 of the Official Code of Georgia A nnotated, relating to1 definitions relative to the juvenile code, so as to revise the definition of neglect; to amend2 Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against3 the person, so as to provide for an exception to certain offenses of reckless conduct and child4 cruelty for parents and legal custodians permitting children to participate in independent5 activities under certain conditions; to provide for a short tit le; to provide for legislative6 findings and intent; to provide for related matters; to provide for an effective date and7 applicability; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 This Act shall be known and may be cited as the "Georgia Parents, Children, Child Welfare,11 and Law Enforcement Protection and Fiscal Responsibility Act." This Act may also be12 known and may be cited as the "Brittany Patterson Act."13 SECTION 2.14 (a) The General Assembly finds that:15 H. B. 552 - 1 - 25 LC 48 1493 (1) State and local government entities and governing bodies and officers, employees, and16 agents thereof too frequently fail to respect and to recognize the fundamental constitutional17 rights of parents to raise their children and to make decisions regarding their children as18 codified and recognized by subsection (d) of Code Section 20-2-786 of the Official Code19 of Georgia Annotated, which provides that "No state or local government entity, governing20 body, or any officer, employee, or agent thereof may infringe on the fundamental right of21 a parent to direct the upbringing and education of his or her m inor child without22 demonstrating that such action is reasonable and necessary to achieve a compelling state23 interest and that such action is narrowly tailored and is not o therwise served by less24 restrictive means";25 (2) In such instances, the rights of parents and the rights of children are infringed upon and26 the rights of parents to exercise their fundamental constitutio nal rights are chilled27 unnecessarily;28 (3) In such instances, finite and valuable resources of state and local government entities29 and governing bodies are wasted without corresponding benefits to the people of the State30 of Georgia;31 (4) Providing definitions and protocols will assist state and local government entities and32 governing bodies and officers, employees, and agents thereof in determining the absence33 or the existence of a compelling state interest necessary to al low infringement on the34 fundamental constitutional rights of a parent;35 (5) Amending Code Section 16-5-70 of the Official Code of Geor gia Annotated, which36 provides for the offense of cruelty to children, to be consistent with Code Section 20-2-78637 and providing parents and guardians with immunity from criminal liability when they take38 action or make decisions regarding their child in the absence of a compelling state interest39 otherwise serves the interests of the state, parents, and children;40 H. B. 552 - 2 - 25 LC 48 1493 (6) Providing government actors in law enforcement and the Div ision of Family and41 Children Services with immunity from criminal and civil liabili ty when following the42 protocol established hereby serves the interests of the state, parents, and children; and43 (7) Amending Code Section 16-5-60 of the Official Code of Georgia Annotated, relating44 to the offense of reckless conduct, is necessary to address the vagueness and ambiguity45 therein as held by the Supreme Court of Georgia; additionally, actions and decisions by46 parents and guardians as provided by Code Section 16-5-70 are n ot included within the47 offense of reckless conduct, and amending Code Section 15-11-2 to exclude from the48 definition of neglect certain actions and decisions by parents and guardians is necessary for49 consistency between and among statutes addressing child welfare and safety and the50 conduct of parents and guardians and to define such actions and decisions and provide51 examples when parents are provided immunity from criminal liabi lity for reasonable52 parental decisions regarding a child.53 (b) It is the intent of the General Assembly that:54 (1) Children are kept safe;55 (2) The fundamental constitutional rights of parents and of the i r c h i l d r e n a r e n e i t h e r56 infringed upon nor chilled;57 (3) State and local government entities and governing bodies and officers, employees, and58 agents thereof are provided specific protocols to follow which will protect children;59 alleviate unnecessary consumption of resources by state and local government entities and60 governing bodies and officers, employees, and agents thereof; a nd avoid the negative61 unintended consequences that impact parents and children; and62 (4) State and local government entities and governing bodies and officers, employees, and63 agents thereof are provided corresponding civil and criminal immunity, provided that the64 protocol provided herein is followed.65 H. B. 552 - 3 - 25 LC 48 1493 SECTION 3.66 Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions67 relative to the juvenile code, is amended by revising paragraph (48) as follows:68 "(48)(A) 'Neglect' means:69 (A)(i) The failure to provide proper parental care or control, subsistence, education70 as required by law, or other care or control necessary for a ch ild's physical, mental,71 or emotional health or morals;72 (B)(ii) The failure to provide a child with adequate supervision nece ssary for such73 child's well-being; or74 (C)(iii) The abandonment of a child by his or her parent, guardian, or legal custodian.75 (B) Such term shall not mean or include actions and decisions by a parent or guardian,76 acting in good faith, that allow a child to engage in independe nt activities consistent77 with the child's intellectual, emotional, and physical maturity, including, but not limited78 to, allowing the child to:79 (i) Travel independently to and from school by walking, running, bicycling, public80 transit, or other means;81 (ii) Travel independently to and from nearby commercial or recreational facilities;82 (iii) Engage independently in outdoor play;83 (iv) Remain in a vehicle without an adult present if the circumstances do not cause84 harm to the child and do not create an imminent risk of harm to the child, including,85 but not limited to, if the temperature inside the vehicle is no t and will not become86 dangerously hot or cold or the child has the capacity and ability to open the door or87 windows of the vehicle in case of need;88 (v) Remain at home without an adult present if the parent or guardian:89 (I) Returns home the same day on which the parent or guardian gives the child90 permission to remain at home;91 H. B. 552 - 4 - 25 LC 48 1493 (II) Ensures the child has the capacity and ability to contact the parent, guardian, 92 or another responsible adult rapidly when needed and is provide d with the means93 to make such contact; and94 (III) Makes provisions for the child to be cared for and protected in the event of any95 reasonably foreseeable emergency; and96 (vi) Remain at home or be unsupervised outside the home without an adult present97 if the parent or guardian is following relevant guidelines as published by the Division98 of Family and Children Services of the Department of Human Services."99 SECTION 4.100 Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against101 the person, is amended in Code Section 16-5-60, relating to reckless conduct causing harm102 to or endangering the bodily safety of another and conduct by H IV infected persons, by103 revising subsection (b) and by adding a new subsection to read as follows:104 "(b)(1) Subject to the provisions of paragraph (2) of this subs ection, a A person who105 causes bodily harm to or endangers the bodily safety of another person by consciously106 disregarding a substantial and unjustifiable risk that his or her act or omission will cause107 harm or endanger the safety of the other person and the disrega rd constitutes a gross108 deviation from the standard of care which a reasonable person w ould exercise in the109 situation is guilty of a misdemeanor.110 (2)(A) The actions and decisions by a parent or guardian with respect to his or her111 minor child consistent with the provisions of subsection (f) of Code Section 16-5-70112 shall not constitute a gross deviation from the standard of car e provided for in113 paragraph (1) of this subsection.114 (B) No state or local government entity or governing body or any officer, employee,115 or agent thereof shall obstruct or interfere with a parent or guardian of a minor child in116 this state acting in compliance with the provisions of subsecti on (f) of Code117 H. B. 552 - 5 - 25 LC 48 1493 Section 16-5-70, and no parent or guardian shall be detained, a rrested, or charged118 criminally, nor be investigated by any agency under this subsection, if such parent or119 guardian is in compliance with the provisions of subsection (f) of Code Section 16-5-70120 or if a minor child appears to be alone or unsupervised by an adult unless that child also121 appears to be injured, in distress, or at imminent risk of significant injury or other harm122 from an identifiable source."123 "(d) State and local government officers, employees, and agents who act in good faith124 compliance with the provisions of this Code section shall be im mune from criminal and125 civil liability in the event that injury or death to a child re sults from such good faith126 compliance."127 SECTION 5.128 Said chapter is further amended in Code Section 16-5-70, relating to cruelty to children, by129 adding new subsections to read as follows:130 "(f) A parent or guardian of a child does not violate this Code section when he or she,131 acting in good faith, allows the child to engage in independent activities consistent with the132 child's intellectual, emotional, and physical maturity, including, but not limited to, allowing133 the child to:134 (1) Travel independently to and from school by walking, runnin g, bicycling, public135 transit, or other means;136 (2) Travel independently to and from nearby commercial or recreational facilities;137 (3) Engage independently in outdoor play;138 (4) Remain in a vehicle without an adult present if the circumstances do not cause harm139 to the child and do not create an imminent risk of harm to the child, including, but not140 limited to, if the temperature inside the vehicle is not and will not become dangerously141 hot or cold or the child has the capacity and ability to open the door or windows of the142 vehicle in case of need;143 H. B. 552 - 6 - 25 LC 48 1493 (5) Remain at home without an adult present if the parent or guardian:144 (A) Returns home the same day on which the parent or guardian gives the child145 permission to remain at home;146 (B) Ensures the child has the capacity and ability to contact the parent, guardian, or147 another responsible adult rapidly when needed and is provided with the means to make148 such contact; and149 (C) Makes provisions for the child to be cared for and protect ed in the event of any150 reasonably foreseeable emergency; and151 (6) Remain at home or be unsupervised outside the home without an adult present if the152 parent or guardian is following relevant guidelines published by the Division of Family153 and Children Services of the Department of Human Services.154 (g) As provided in this Code section and paragraph (1) of subs ection (e) of Code155 Section 20-2-786, no state or local government entity or govern ing body or any officer,156 employee, or agent thereof shall obstruct or interfere with a parent or guardian of a minor157 child in this state acting in compliance with this Code section, and no parent or guardian158 shall be detained, arrested, or charged criminally, nor be inve stigated by any agency, if159 such parent or guardian is complying with this Code section or if a minor child appears to160 be alone or unsupervised by an adult unless that child also appears to be injured, in distress,161 or at imminent risk of significant injury or other harm from an identifiable source.162 (h) A parent or guardian of a minor child in this state shall not be deemed to have abused163 or neglected his or her child unless such child is injured, in distress, or at imminent risk of164 significant injury or other harm from an identifiable source.165 (i) Provided that state and local government officers, employe es, and agents act in166 accordance with this Code section, such officers, employees, an d a g e n t s a r e g r a n t e d167 immunity from criminal and civil liability in the event that in jury to or death of a child168 results from such act."169 H. B. 552 - 7 - 25 LC 48 1493 SECTION 6.170 This Act shall become effective on July 1, 2025; provided, however, that Sections 4 and 5171 of this Act shall apply to offenses committed on or after such date.172 SECTION 7.173 All laws and parts of laws in conflict with this Act are repealed.174 H. B. 552 - 8 -