HB639: HB639 Courts; expedite and prioritize processes for termination of parental rights in certain cases involving parental incapacity and child maltreatment

Georgia law already lets the state skip reunification efforts and move toward terminating parental rights in extreme cases, such as when a parent has killed or seriously harmed another child. This bill expands and tightens those rules. It broadens the list of situations where the Division of Family and Children Services (DFCS) does not have to try to reunite a family, adding cases like sex offender registration or an unresolved prior termination of rights to a sibling. It also requires DFCS to report at every hearing whether those circumstances exist and requires the court to hold a nonreunification hearing within 30 days if they do. The bill sets a 30 day deadline for DFCS to file a termination of parental rights petition once certain findings are made, unless a compelling reason not to proceed is documented. It also directs courts, when deciding whether a child would be harmed by staying with a parent, to specifically consider the child's emotional attachment to that parent and to any alternative caregiver. The changes would take effect once the Governor signs the bill and would apply to all pending and future juvenile court cases.

• Expands the list of circumstances under which DFCS is not required to make reunification efforts, adding parents required to register as sex offenders and parents with an unresolved prior termination of rights to a sibling.
• Requires DFCS to report in writing at every hearing whether grounds exist for skipping reunification efforts, and requires the court to make written findings on the issue.
• Sets a firm 30 day deadline for the court to hold a nonreunification hearing once DFCS reports that reunification is not required.
• Requires DFCS to file a petition to terminate parental rights within 30 days of certain court findings (like a qualifying criminal conviction or a parent's voluntary surrender), unless a compelling reason for delay is documented.
• Requires judges to specifically consider a child's psychological attachment to a parent and to any alternative caregiver when deciding whether continuing the parent-child relationship would cause serious harm.
• Revises the case plan requirements under O.C.G.A. § 15-11-201 for children in long-term planned living arrangements.

The bill affects parents involved in Georgia juvenile dependency cases, especially those accused of severe abuse, certain violent crimes, or required to register as sex offenders. It also affects children in foster care, relatives and foster caregivers seeking permanent placement, DFCS caseworkers, juvenile court judges, and court-appointed guardians ad litem.

Parents facing allegations tied to serious crimes or repeated maltreatment could see reunification efforts end and termination petitions filed faster, on strict 30 day timelines. Children could reach permanent placements such as adoption sooner, while courts would be required to weigh a child's emotional bonds before severing a parent's rights.

• Section 3 amends O.C.G.A. § 15-11-203 to add sex offender registration and unresolved sibling terminations to the list of circumstances letting a court skip reunification efforts, and adds a new subsection requiring DFCS to report at every hearing and the court to hold a nonreunification hearing within 30 days.
• Section 4 amends O.C.G.A. § 15-11-204 to clarify when a nonreunification hearing must be held and confirms the 30 day deadline from the DFCS report or the court's finding.
• Section 5 rewrites O.C.G.A. § 15-11-233 to require DFCS to file a termination of parental rights petition within 30 days of specified court determinations, unless a documented compelling reason exists, such as a relative caregiver or a child's objection.
• Section 6 amends O.C.G.A. § 15-11-310 to require courts, in weighing potential harm to a child, to consider the child's attachment to the parent, attachment to an alternative caregiver, psychological need for secure attachment, and the danger of further disrupting those attachments.
• Section 1 states legislative findings that in some cases a child's safety and stability must take precedence over ongoing family reunification efforts.
• Section 7 makes the Act effective immediately upon the Governor's signature and applies it to all pending and future dependency and termination of parental rights cases in juvenile court.

1. 2025-02-28House Second Readers (House)
2. 2025-02-27House First Readers (House)
3. 2025-02-26House Hopper (House)

• Marcus Wiedower (R, HD-121)Primary sponsor
• Chuck Efstration (R, HD-104)
• Brent Cox (R, HD-028)
• Houston Gaines (R, HD-120)
• Rick Jasperse (R, HD-011)
• Joseph Gullett (R, HD-019)

• parental rights
• child welfare
• foster care
• juvenile courts
• DFCS