SB259: SB259 Juvenile Code; certain procedures to be followed when there is a determination of suspected child abuse or neglect; provide

Under Georgia's Juvenile Code (O.C.G.A. Chapter 11 of Title 15), a physician can hold a child in temporary protective custody without a court order or parental consent if the doctor suspects abuse or neglect. This bill changes what that physician must do afterward and gives families a new right to challenge the medical basis for that decision. The bill requires the physician to tell parents or guardians where the child is and that they can get an independent medical evaluation or a pediatric specialty consultation. The physician must also report to the Division of Family and Children Services (DFCS) the basis for the suspicion, including whether an exam was done and what records were reviewed. A new Code section defines 'pediatric specialty consultation' and says courts must consider the results of any independent evaluation at dependency hearings, though a hearing cannot be delayed solely because those results are not yet available. The law would take effect as soon as the Governor signs it and would apply to legal actions filed after that date.

• Requires a physician holding a child in temporary protective custody to tell the parents or guardian where the child is and about their right to an independent medical evaluation.
• Requires the physician to report to DFCS the basis for suspecting abuse or neglect, including whether a physical exam was done and what records were reviewed.
• Creates a new legal definition of 'pediatric specialty consultation' covering fields like radiology, genetics, orthopedics, and child abuse pediatrics.
• Gives parents or legal guardians the right to get an independent medical evaluation of the child at their own expense, unless a court order blocks it.
• Requires courts to consider the results of any independent medical evaluation or specialty consultation during dependency hearings.
• Prohibits courts from delaying an adjudication hearing solely because independent evaluation results are not yet available.

The bill affects physicians who take children into protective custody over suspected abuse or neglect, parents and legal guardians of those children, DFCS staff, law enforcement officers, juvenile court intake officers, and judges handling dependency proceedings in Georgia's juvenile courts.

Families whose children are removed by a doctor over suspected abuse would gain a clearer right to seek a second medical opinion and have it weighed by the court, while doctors and DFCS would face new reporting duties, changing how quickly and transparently these child custody decisions are handled.

• Section 1 names the bill 'Ridge's Law.'
• Section 2 revises O.C.G.A. § 15-11-131(b) to require physicians to inform parents of their right to an independent evaluation and to report exam and record details to DFCS.
• Section 3 adds new O.C.G.A. § 15-11-131.1, defining 'pediatric specialty consultation' and creating the right to an independent medical evaluation at the family's own expense.
• Section 3 also requires courts to consider independent evaluation results at dependency hearings but bars delaying adjudication hearings solely for lack of those results.
• Section 4 makes the Act effective upon the Governor's signature (or becoming law without signature) and applies it to legal actions filed on or after that date.

1. 2025-05-12Effective Date 2025-05-12
2. 2025-05-12Act 121
3. 2025-05-12Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-02House Passed/Adopted (House)
6. 2025-04-02House Third Readers (House)
7. 2025-03-20House Committee Favorably Reported (House)
8. 2025-03-11House Second Readers (House)

• Matt Brass (R, SD-006)Primary sponsor
• Greg Dolezal (R, SD-027)
• Kay Kirkpatrick (R, SD-032)
• Ricky Williams (R, SD-025)
• Mike Hodges (R, SD-003)
• Blake Tillery (R, SD-019)
• Sam Watson (R, SD-011)
• Max Burns (R, SD-023)
• Jason Anavitarte (R, SD-031)
• Donzella James (D, SD-028)
• Michael Rhett (D, SD-033)
• Chuck Payne (R, SD-054)
• Brandon Beach (R, SD-021)
• Kim Jackson (D, SD-041)
• Russ Goodman (R, SD-008)
• Brian Strickland (R, SD-042)
• Kenya Wicks (D, SD-034)
• Randy Robertson (R, SD-029)
• Mandi Ballinger (R, HD-023)

1. PassedSenate voteMarch 6, 2025

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

   Passage By Substitute: Senate Vote #167

2. PassedHouse voteApril 2, 2025

   163 yea, 0 nay (3 not voting, 14 absent)

   Passage: House Vote #389

• child abuse and neglect
• juvenile courts
• parental rights
• medical evaluations
• child protective custody