---
title: HB 256. Social services; foster parents bill of rights; revise provisions
collection: bills
id: 2025-2026/hb256
cite_as: HB 256, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb256
md_url: https://georgiacommons.org/bills/2025-2026/hb256.md
text_url: https://georgiacommons.org/bills/2025-2026/hb256/text
source_url: https://www.legis.ga.gov/legislation/69869
date: 2026-05-11
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1228
omitted_url: https://georgiacommons.org/bills/2025-2026/hb256.md?full=1
bill_number: HB 256
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-11
last_action: Effective Date 2026-05-11
sponsors:
  - Marcus Wiedower
  - Joseph Gullett
  - Chuck Efstration
  - Rob Clifton
  - James Hatchett
  - Clint Crowe
  - Matt Brass
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB256/2025
upstream_id: 1955600
summaries_model: claude-sonnet-5
topic_tags:
  - foster care
  - child welfare
  - juvenile court records
  - relative caregivers
  - Department of Human Services
---

# HB 256. Social services; foster parents bill of rights; revise provisions

## Text

House Bill 256 (AS PASSED HOUSE AND SENATE)
By: Representatives Wiedower of the 121st, Gullett of the 19th, Efstration of the 104th, Clifton
of the 131st, Hatchett of the 155th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,
relating to general provisions relative to the juvenile code, so as to require the recording of
all proceedings under the juvenile code; to establish the right of parties to obtain a full and
complete record of proceedings under the juvenile code; to establish the right of the
Department of Human Services to obtain a full and complete record of proceedings under the
juvenile code in which it has been permitted to participate by the juvenile court; to amend
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and
protection for children, so as to revise provisions relating to the "Foster Placements Bill of
Rights"; to provide for definitions; to provide that such rights include relative caregivers and
fictive kin; to provide for the development of administrative procedures; to provide for
related matters; to provide for a short title; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to
general provisions relative to the juvenile code, is amended by revising Code Section
15-11-17, relating to conduct of hearings generally and applicability of Title 24, as follows:
"15-11-17.
(a) All hearings under this chapter shall be conducted by the court without a jury. Any
hearing may be adjourned from time to time within the discretion of the court.
(b) Except as otherwise provided, all hearings shall be conducted in accordance with
Title 24.
(c) <ins>All proceedings under this chapter</ins> <del>Proceedings</del> shall be recorded by stenographic notes
or by electronic, mechanical, or other appropriate means capable of accurately capturing
a full and complete record of all words spoken during the proceedings.
(d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the
juvenile court, or any person sitting as a juvenile court judge may conduct hearings in
connection with any proceeding under this chapter in any county within the judicial circuit.
When a superior court judge sits as a juvenile court judge, hearings in connection with any
proceeding under this chapter may be heard before such judge in any county within the
judicial circuit over which the judge presides."
SECTION 2.
Said article is further amended by revising Code Section 15-11-19, relating to rights of
parties to proceedings, as follows:
"15-11-19.
(a) A party has the right to be present, to be heard, to present evidence material to the
proceedings, to cross-examine witnesses, to examine pertinent court files and records, and
to appeal the orders of the court; provided, however, that the court shall retain the
discretion to exclude a child from any part or parts of any proceeding under Article 3 of
this chapter if the court determines that it is not in such child's best interests to be present.
An attorney for an excluded child shall not be excluded from the proceedings.
(b) A person afforded rights under this chapter shall be advised of such rights at that
person's first appearance before the court.
<ins>(c) A party shall have the right to the full and complete record of any proceeding under
this chapter and shall not be required to obtain or produce a court order to receive any such
full and complete record.
(d) The department shall have the right to the full and complete record of any proceeding
under this chapter in which the court has allowed its participation and such department
shall not be required to obtain or produce a court order to receive any such full and
complete record."
</ins> SECTION 3.
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and
protection for children, is amended by revising Code Section 49-5-280, relating to short title,
as follows:
"49-5-280.
This article shall be known and may be cited as the 'Foster <del>Parents</del> <ins>Placements</ins> Bill of
Rights.'"
SECTION 4.
Said chapter is further amended in Code Section 49-5-41, relating to persons and agencies
permitted access to records, by adding a new subsection to read as follows:
<ins>"(h) As used in this subsection, the terms 'certified volunteer advocate' and 'foster
placement' shall have the same meanings as set forth in Code Section 49-5-281.
Notwithstanding any other provision of law, any foster placement shall have reasonable
access to nonidentifying information from the placement or child protective services record
</ins>
<ins>compiled by any state department or agency having custody of a child with respect to any
child who has been placed in the care or custody of such agency, excluding all documents
obtained from outside sources which cannot be redisclosed under state or federal law. A
department or agency shall respond to a request for access to a child's record within 14
days of receipt of such written request. A foster placement may share such information
with a certified volunteer advocate he or she has enlisted to participate in investigations and
meetings with the department pursuant to Code Section 49-5-281. Any foster placement
or certified volunteer advocate who has access to a child's records shall be subject to the
penalties imposed by Code Section 49-5-44 for unauthorized access to or use of such
records. Such record shall include reports of abuse of such child and the social history of
the child and the child's family, the medical history of such child, including psychological
or psychiatric evaluations, educational records as allowed by state or federal law, and any
plan of care or placement plan developed by the department."
</ins> SECTION 5.
Said chapter is further amended by revising Code Section 49-5-281, relating to bill of rights
for foster parents and grievances for violations, as follows:
"49-5-281.
(a) <ins>As used in this Code section, the term:
(1) 'Certified volunteer advocate' means an individual approved as a volunteer advocate
by the Office of the Child Advocate for the Protection of Children.
(2) 'Fictive kin' shall have the same meaning as in Code Section 15-11-2.
(3) 'Foster placement' means foster parents, relative caregivers, and fictive kin who
provide care for children in the custody of the Division of Family and Children Services
of the Department of Human Services.
(4) 'Reasonable and prudent parent standard' shall have the same meaning as in Code
Section 49-5-3.
</ins>
<ins>(5) 'Relative caregiver' means a grandparent, great-grandparent, aunt, uncle, great aunt,
great uncle, cousin, sibling, stepparent, or stepsibling who has assumed responsibility for
raising a child in an informal, noncustodial, or guardianship capacity.
(b)</ins> The General Assembly finds that foster <del>parents</del> <ins>placements</ins> providing care for children
who are in the custody of the Department of Human Services play an integral,
indispensable, and vital role in the state's effort to care for dependent children displaced
from their homes. The General Assembly further finds that it is in the best interest of
Georgia's child welfare system to acknowledge <del>foster parents</del> <ins>these caregivers</ins> as active and
participating members of this system and to support them through the following bill of
rights for foster <del>parents</del> <ins>placements</ins> who care for children in the custody of the Department
of Human Services <del>through direct approval and placement by the department:
</del> (1) The right to be treated by the Division of Family and Children Services of the
Department of Human Services and other partners in the care of abused children with
dignity, respect, and trust as a primary provider of foster care and a member of the
professional team caring for <del>foster children</del> <ins>children in foster care;
</ins> (2) The right not to be discriminated against on the basis of religion, race, color, creed,
gender, marital status, national origin, age, or physical handicap;
(3) The right to continue with his or her own family values and beliefs, so long as the
values and beliefs of the foster child and the birth family are not infringed upon and
consideration is given to the special needs of children who have experienced trauma and
separation from their families. This shall include the right to exercise parental authority
within the limits of policies, procedures, and other directions of the Division of Family
and Children Services and within the limits of the laws of the State of Georgia;
<ins>(3.1) The right to use a reasonable and prudent parent standard when determining the
ability of a child in foster care to engage in extracurricular, enrichment, cultural, social,
or skill-building activities;
</ins>
(4) The right to receive both standardized pre-service training, including training in
Division of Family and Children Services policies and procedures and appropriate
ongoing training, by the Division of Family and Children Services or the <del>placing
</del> <ins>child-placing</ins> agency at appropriate intervals to meet mutually assessed needs of the child
and to improve <ins>the skills of</ins> foster <del>parents'</del> <ins>placements</ins> <del>skills</del> and to apprise foster <del>parents
</del> <ins>placements</ins> of any changes in <ins>applicable</ins> policies and procedures of the Division of
Family and Children Services and any changes in applicable law;
(5) The right to be apprised of, <ins>and to seek out from independent sources,</ins> information,
laws, and guidelines on the obligations, responsibilities, and opportunities of <del>foster
parenting</del> <ins>fostering</ins> and to be kept informed of any changes in <ins>applicable</ins> laws, policies,
and procedures regarding foster parenting by the Division of Family and Children
Services in a timely manner and at least annually;
(6) The right to receive timely financial reimbursement according to <del>the</del> <ins>any</ins> agreement
between the foster <del>parents</del> <ins>placement</ins> and the Department of Human Services from funds
appropriated by the General Assembly and to be notified of any costs or expenses for
which the foster <del>parent</del> <ins>placement</ins> may be eligible for reimbursement;
(7) The right to receive information from the Division of Family and Children Services
on how to receive services and reach personnel 24 hours per day, seven days per week;
(8) The right prior to the placement of a child to be notified of any issues relative to the
child that may jeopardize the health and safety of the foster <del>family</del> <ins>placements</ins> or the
child or alter the manner in which foster care should be administered;
(9) The right to discuss information regarding the child prior to placement. The Division
of Family and Children Services will provide such information as it becomes available
as allowable under state and federal laws;
(10) The right to refuse placement of a child in the foster <del>home</del> <ins>placement</ins> or to request,
upon reasonable notice, the removal of a child from the foster home without fear of
reprisal or any adverse effect on being assigned any future foster or adoptive placements;
(11) The right to receive any information through the Division of Family and Children
Services regarding the number of times a <del>foster</del> child in foster care has been moved and
the reasons therefor; and to receive the names and phone numbers of the previous foster
<del>parents if the previous foster parents</del> <ins>placement if the previous foster placements</ins> have
authorized such release and as allowable under state and federal law;
(12) The right, at any time during which a child is placed with the foster <del>parent
</del> <ins>placement,</ins> to receive from the Division of Family and Children Services any and all
additional pertinent information relevant to the care of the child;
(13) The right to be provided with a written copy of the individual treatment and service
plan <ins>or case plan created pursuant to Code Section 15-11-201</ins> concerning the child in the
foster <del>parent's</del> <ins>placement's</ins> home and to discuss such plan with the case manager, as well
as reasonable notification of any changes to that plan;
(14) The right to participate in the planning of visitation with the child and the child's
biological family with the foster parents recognizing that visitation with his or her
biological family is important to the child;
(15) The right to participate in the case planning and decision-making process with the
Division of Family and Children Services regarding the child as provided in Code
Section 15-11-201;
(16) The right to provide input concerning the plan of services for the child and to have
that input considered by the department;
(17) The right to communicate for the purpose of participating in the case of the foster
child with other professionals who work with such child within the context of the
professional team, including, but not limited to, therapists, physicians, and teachers, as
allowable under state and federal law;
(18) The right to be notified in advance, in writing, by the Division of Family and
Children Services or the court of any hearing or review where the case plan or
permanency of the child is an issue, including initial and periodic reviews held by the
court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel
in accordance with Code Section 15-11-217, hearings following revocation of the license
of an agency which has permanent custody of a child in accordance with Code
Section 31-2-6, and permanency plan hearings in accordance with Code
Section 15-11-230;
(19) The right to be considered, where appropriate, as a preferential placement option
when a child who was formerly placed with the foster <del>parents</del> <ins>placement</ins> has reentered
the foster care system;
(20) The right to be considered, where appropriate, as the first choice as a permanent
parent or parents for a child who, after 12 months of <del>placement in the foster home</del> <ins>foster
placement,</ins> is released for adoption or permanent foster care;
(21) The right to be provided a fair and timely investigation of complaints concerning
the operation of a foster <ins>placement</ins> home;
(22) The right to an explanation of a corrective action plan or policy violation relating
to foster <del>parents; and</del> <ins>placements;
</ins> (23) <del>The right, to the extent allowed under state and federal law, to have an advocate
present at all portions of investigations of abuse and neglect at which an accused foster
parent is present. Child abuse and neglect investigations shall be investigated pursuant
to Division of Family and Children Services policies and procedures, and any removal
of a foster child shall be conducted pursuant to those policies and procedures. The
Division of Family and Children Services will permit volunteers with the Adoptive and
Foster Parent Association of Georgia to be educated concerning the procedures relevant
to investigations of alleged abuse and neglect and the rights of accused foster parents.
After such training, a volunteer will be permitted to serve as an advocate for an accused
foster parent.</del> <ins>The right to be provided a fair, timely, and impartial investigation of
complaints concerning the foster placement's home, to be provided the opportunity to
have a certified volunteer advocate of the foster placement's choosing present during the
</ins>
<ins>investigation, and to be provided due process during the investigation.</ins> All
communication received by the <ins>certified volunteer</ins> advocate in this capacity shall be
strictly confidential;
<ins>(24) The right to request that a certified volunteer advocate be present at all meetings
with the department where the foster placement is present, including, but not limited to,
individual treatment and service planning, administrative hearings, the grievance and
mediation process, the adoption process, and any meetings relating to an allegation
process. All communication received by the certified volunteer advocate in this capacity
shall be strictly confidential;
(25) The right to be free from retaliation or discrimination based upon the filing of any
complaint or grievance with the Division of Family and Children Services; and
(26) The right to seek and obtain independent legal advice and counsel regarding the
foster placement's status.
</ins> <del>(b)(c)</del> This bill of rights shall be given full consideration when Division of Family and
Children Services policies regarding foster care and adoptive placement are developed.
<ins>(c)(d)</ins> Foster <del>parents</del> <ins>placements</ins> who care for children in the custody of the Department
of Human Services through direct approval and placement by the department shall have the
right to file a grievance in response to any violation of this article, <del>which shall be such
foster parents' exclusive administrative remedy for any violation of this article.</del> The
Division of Family and Children Services and the Office of the Child Advocate for the
Protection of Children, along with an advisory committee <del>comprised</del> <ins>composed</ins> in part of
representatives from <del>the Adoptive and Foster Parent Association of Georgia, who provide
private placements</del> <ins>foster placement advocacy organizations,</ins> will develop a grievance
procedure, including a mediation procedure <ins>and an administrative procedure,</ins> to be
published in departmental policy manuals and the Foster Parent Handbook no later than
July 1, <del>2005</del> <ins>2026.
</ins>
<del>(d)(e)</del> The General Assembly further finds that it is also in the best interest of Georgia's
child welfare system for the Division of Family and Children Services of the Department
of Human Services to recognize the bill of rights, with reasonable modifications made to
adapt the provisions as required to make them applicable to private agencies, by
incorporating them into contracts with private agencies serving children in the custody of
the Department of Human Services. The Department of Human Services shall, by contract,
require that providers, with whom it contracts for the placement of children in its custody,
give full consideration to the rights in subsection <del>(a)</del> <ins>(b)</ins> of this Code section in developing
their policies, practices, and procedures regarding foster care and adoptive placement. The
department shall provide information needed by the contractors to meet the requirements
of this subsection in a timely manner.
<del>(e)(f)</del> The Department of Human Services, in consultation with appropriate provider
associations and <del>the Adoptive and Foster Parent Association of Georgia</del> <ins>foster parent
advocacy organizations,</ins> shall develop a grievance procedure for dealing with any
grievances their foster parents have in response to any violation of this article, no later than
July 1, <del>2007</del> <ins>2026.</ins> The department shall enforce this provision through policies and
procedures and through its contracts with providers."
SECTION 6.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 256 expands Georgia's foster parent bill of rights to also cover relative caregivers and fictive kin, and gives parties in juvenile court cases a guaranteed right to a full recording of hearings.

### Plain-language summary

Georgia law already required juvenile court hearings to be recorded and gave foster parents a set list of rights, called the Foster Parents Bill of Rights. House Bill 256 broadens who counts as a protected caregiver, renaming the law the Foster Placements Bill of Rights to include relative caregivers (like grandparents or aunts and uncles who informally raise a child) and fictive kin (close family friends acting as family) alongside traditional foster parents.
The bill also strengthens juvenile court recordkeeping: parties and the Department of Human Services get the right to a full and complete record of proceedings without needing a court order. It adds new rights for foster placements, including using a reasonable and prudent parent standard for approving activities, requesting a certified volunteer advocate at meetings and investigations, and seeking independent legal advice. The Department of Human Services must finalize new grievance and mediation procedures by July 1, 2026. The law takes effect once the Governor signs it or it becomes law without his signature.

### What it does

- Requires all juvenile court proceedings to be recorded, not just some, ensuring a complete stenographic or electronic record.
- Gives parties and the Department of Human Services the right to obtain full court records without having to get a court order first.
- Renames the 'Foster Parents Bill of Rights' to the 'Foster Placements Bill of Rights' and expands its protections to relative caregivers and fictive kin, not just licensed foster parents.
- Adds new rights, including the ability to use a reasonable and prudent parent standard for approving a child's activities and to request a certified volunteer advocate at department meetings and investigations.
- Sets a July 1, 2026 deadline for the Division of Family and Children Services to finalize new grievance, mediation, and administrative procedures for foster placements.
- Expands access to nonidentifying case records for foster placements and lets them share that information with a certified volunteer advocate, subject to existing confidentiality penalties.

### Who it affects

Foster parents, relative caregivers such as grandparents and aunts or uncles, and fictive kin caring for children in state custody; the Department of Human Services and its Division of Family and Children Services; juvenile court judges and parties to juvenile court cases; and certified volunteer advocates who assist foster placements.

### Why it matters

Relatives and family friends who informally raise a child in state custody would gain the same formal rights foster parents already have, such as being notified of hearings, receiving case plans, and requesting an advocate during investigations. Guaranteed access to full court records could also change how quickly parties and the department can review juvenile case proceedings.

### Key provisions

- Section 1 amends O.C.G.A. § 15-11-17 to require that all juvenile court proceedings, not just some, be recorded by stenographic or electronic means.
- Section 2 amends O.C.G.A. § 15-11-19 to give parties and the Department of Human Services the right to a full record of proceedings without needing a court order.
- Section 3 renames the law under O.C.G.A. § 49-5-280 from the 'Foster Parents Bill of Rights' to the 'Foster Placements Bill of Rights.'
- Section 4 adds a new subsection to O.C.G.A. § 49-5-41 letting foster placements access nonidentifying case records within 14 days of a written request and share them with a certified volunteer advocate.
- Section 5 rewrites O.C.G.A. § 49-5-281 to define 'foster placement' to include relative caregivers and fictive kin, add a reasonable and prudent parent standard right, add rights to request advocates at meetings and investigations, and require new grievance procedures by July 1, 2026.
- Section 6 sets the effective date as the date the Governor signs the bill or it otherwise becomes law.

## Status

- Status: Passed (2026-05-11)
- Last action: Effective Date 2026-05-11 (2026-05-11)
- Sponsors: Marcus Wiedower, Joseph Gullett, Chuck Efstration, Rob Clifton, James Hatchett, Clint Crowe, Matt Brass
- Official page: https://www.legis.ga.gov/legislation/69869

> The history, votes, and amendments (1,228 characters) are at https://georgiacommons.org/bills/2025-2026/hb256.md?full=1