ADOPTED
Representative Clark of the 100th offers the following amendment:
Amend the Senate Committee on Children and Families substitute to HB 253 (LC 57 0272S)
by deleting lines 1 through the end and inserting in lieu thereof the following:
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations,
so as to enact "Ethan's Law"; to provide limitations on ordering a child to be sent to a family
reunification program; to revise provisions relating to safe places for newborns; to authorize
ambulance services to accept physical custody of a newborn; to authorize the placement of
newborn safety devices; to provide for definitions; to provide for limited liability; to provide
for transport of newborns to nearest medical facility; to provide for specifications for
newborn safety devices; to provide for a short title; to provide for related matters; to provide
an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as "Ethan's Law."
SECTION 2.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by revising paragraph (2) of subsection (a) of Code Section 19-9-3, relating to
establishment and review of child custody and visitation, as follows:
"(2) The judge hearing the issue of custody shall make a determination of custody of a
child and such matter shall not be decided by a jury. The judge may take into
consideration all the circumstances of the case, including the improvement of the health
of the party seeking a change in custody provisions, in determining to whom custody of
the child should be awarded. The duty of the judge in all such cases shall be to exercise
discretion to look to and determine solely what is for the best interest of the child and
what will best promote the child's welfare and happiness and to make his or her award
accordingly. <ins>The judge shall not order family reunification or unification treatments,
programs, or services, including, but not limited to, camps, workshops, therapeutic
vacations, or educational programs, that, as a condition of enrollment or participation,
require or result in any of the following:
(A) Violation of a court order requiring that a child have no contact with his or her
parent or legal guardian;
(B) The use of private youth transporters or private transportation agents engaged in
the use of force, the threat of force, physical obstruction, acutely distressing
circumstances, or circumstances that place the safety of the child at risk;
(C) A no-contact period between the child and his or her parent or legal guardian; or
(D) An out-of-state stay."
</ins> SECTION 3.
Said title is further amended by revising Chapter 10A, relating to safe place for newborns,
as follows:
"CHAPTER 10A
19-10A-1.
This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2002.'
19-10A-2.
As used in this chapter, the term:
<ins>(1) 'Ambulance service' means an ambulance provider licensed pursuant to Chapter 11
of Title 31.
</ins> <del>(1)(2)</del> 'Fire station' means a facility of any fire department which is authorized to
exercise the general and emergency powers enumerated in Code Sections 25-3-1 and
25-3-2.
<del>(2)(3)</del> 'Medical facility' means any licensed general or specialized hospital, institutional
infirmary, health center operated by a county board of health, or facility where human
births occur on a regular and ongoing basis which is classified by the Department of
Community Health as a birthing center, but shall not mean physicians' or dentists' private
offices.
<ins>(4) 'Newborn safety device' means an enclosed, locked, and monitored receptacle that
meets the requirements of Code Section 19-10A-8 in which a newborn child can be safely
placed.
</ins> <del>(3)(5)</del> 'Police station' means a facility of any sheriff's office, municipal police
department, or county police department.
19-10A-3.
It is the express purpose and intent of the General Assembly in enacting this chapter to
prevent injuries to and deaths of newborn children that are caused by a mother who
abandons the newborn.
19-10A-4.
A mother shall not be prosecuted for violating Code Section 16-5-70, 16-12-1, or 19-10-1
because of the act of leaving her newborn child, <ins>provided that the newborn child is no more
than 30 days old:
(1) In</ins> <del>in</del> the physical custody of an employee, agent, or member of the staff of a medical
facility, fire station, <del>or</del> police station, <ins>or ambulance service</ins> who is on duty, whether there
in a paid or volunteer position, provided that <del>the newborn child is no more than 30 days
old and</del> the mother shows proof of her identity, if willing, to the person with whom the
newborn is left and provides her name and address, if willing; <ins>or
(2) In a newborn safety device.
</ins> 19-10A-5.
The Department of Human Services shall investigate and report to the General Assembly
as to children left with a medical facility, fire station, <del>or</del> police station, <ins>or ambulance
service or in a newborn safety device</ins> pursuant to Code Section 19-10A-4, including in such
report the desirability and cost effectiveness of a dedicated toll-free telephone line for
providing information to and answering questions from the public and employees and staff
members of medical facilities, fire stations, <del>and</del> police stations, <ins>and ambulance services
</ins> concerning the acts and consequences thereof contemplated in Code Section 19-10A-4.
19-10A-6.
A medical facility which accepts <ins>a newborn child</ins> for inpatient admission <ins>pursuant to Code
Section 19-10A-4</ins> or a fire station, <del>or</del> police station, <ins>or ambulance service</ins> which accepts
a <ins>newborn</ins> child <del>left</del> <ins>or receives a child placed in a newborn safety device</ins> pursuant to Code
Section 19-10A-4 shall be reimbursed by the Department of Human Services for all
reasonable medical and other reasonable costs associated with the child prior to the child
being placed in the care of the department. A medical facility, fire station, <del>or</del> police
station, <ins>or ambulance service</ins> shall <ins>immediately arrange for transport of the newborn child
to the nearest medical facility and</ins> notify the Department of Human Services at such time
as the child is left and at the time the child is medically ready for discharge. Upon
notification that the child is medically ready for discharge, the Department of Human
Services shall take physical custody of the child within six hours. The Department of
Human Services upon taking physical custody shall promptly bring the child before the
juvenile court as required by Code Section 15-11-145.
19-10A-7.
Medical facilities, fire stations, <del>and</del> police stations, <ins>and ambulance services</ins> and their
employees, agents, and staff members shall not be liable for civil damages or subject to
criminal prosecution for failure to discharge the duties provided for in this chapter. The
immunity provided in this chapter shall in no way be construed as providing immunity for
any acts of negligent treatment of the child taken into custody.
19-10A-8.
<del>The Department of Human Services shall develop standards for a sign that shall be posted
at any medical facility, fire station, or police station to inform the general public that such
facility is an authorized location to leave a newborn child as provided in this chapter. The
Department of Human Services shall provide by rule and regulation for the size and type
of such sign and where such sign should be located within or outside of such facility.
</del> <ins>(a) A medical facility, fire station, police station, or ambulance service shall be authorized
to install a newborn safety device if the device is located in an area that is conspicuous and
visible to employees, agents, or staff members of such facility or station and such facility
or station is staffed by an emergency medical services provider on a 24 hour, seven days
per week basis.
(b) A newborn safety device installed pursuant to this Code section shall include a dual
alarm system that meets or exceeds the following specifications:
(1) One alarm shall connect the newborn safety device to the facility or station and shall
be tested at least once per month, and the second alarm shall monitor the device's interior
and shall be checked at least twice per day to ensure that the dual alarm system functions
properly; and
</ins>
<ins>(2) The dual alarm system shall include the functionality to dispatch the nearest
ambulance service to retrieve a newborn child if all medical facility, fire station, police
station, or ambulance service employees, agents, or staff members have been dispatched
to an emergency or are otherwise off site."
</ins> SECTION 4.
This Act shall become effective on July 1, 2025.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.