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 Annotated, relating to
definitions relative to the juvenile code, so as to revise the definition of neglect; to amend
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against
the person, so as to provide for an exception to certain offenses of reckless conduct and child
cruelty for parents and legal custodians permitting children to participate in independent
activities under certain conditions; to provide for a short title; to provide for legislative
findings and intent; to provide for related matters; to provide for an effective date and
applicability; 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 the "Georgia Parents, Children, Child Welfare,
and Law Enforcement Protection and Fiscal Responsibility Act." This Act may also be
known and may be cited as the "Brittany Patterson Act."
SECTION 2.
(a) The General Assembly finds that:
(1) State and local government entities and governing bodies and officers, employees, and
agents thereof too frequently fail to respect and to recognize the fundamental constitutional
rights of parents to raise their children and to make decisions regarding their children as
codified and recognized by subsection (d) of Code Section 20-2-786 of the Official Code
of Georgia Annotated, which provides that "No state or local government entity, governing
body, or any officer, employee, or agent thereof may infringe on the fundamental right of
a parent to direct the upbringing and education of his or her minor child without
demonstrating that such action is reasonable and necessary to achieve a compelling state
interest and that such action is narrowly tailored and is not otherwise served by less
restrictive means";
(2) In such instances, the rights of parents and the rights of children are infringed upon and
the rights of parents to exercise their fundamental constitutional rights are chilled
unnecessarily;
(3) In such instances, finite and valuable resources of state and local government entities
and governing bodies are wasted without corresponding benefits to the people of the State
of Georgia;
(4) Providing definitions and protocols will assist state and local government entities and
governing bodies and officers, employees, and agents thereof in determining the absence
or the existence of a compelling state interest necessary to allow infringement on the
fundamental constitutional rights of a parent;
(5) Amending Code Section 16-5-70 of the Official Code of Georgia Annotated, which
provides for the offense of cruelty to children, to be consistent with Code Section 20-2-786
and providing parents and guardians with immunity from criminal liability when they take
action or make decisions regarding their child in the absence of a compelling state interest
otherwise serves the interests of the state, parents, and children;
(6) Providing government actors in law enforcement and the Division of Family and
Children Services with immunity from criminal and civil liability when following the
protocol established hereby serves the interests of the state, parents, and children; and
(7) Amending Code Section 16-5-60 of the Official Code of Georgia Annotated, relating
to the offense of reckless conduct, is necessary to address the vagueness and ambiguity
therein as held by the Supreme Court of Georgia; additionally, actions and decisions by
parents and guardians as provided by Code Section 16-5-70 are not included within the
offense of reckless conduct, and amending Code Section 15-11-2 to exclude from the
definition of neglect certain actions and decisions by parents and guardians is necessary for
consistency between and among statutes addressing child welfare and safety and the
conduct of parents and guardians and to define such actions and decisions and provide
examples when parents are provided immunity from criminal liability for reasonable
parental decisions regarding a child.
(b) It is the intent of the General Assembly that:
(1) Children are kept safe;
(2) The fundamental constitutional rights of parents and of their children are neither
infringed upon nor chilled;
(3) State and local government entities and governing bodies and officers, employees, and
agents thereof are provided specific protocols to follow which will protect children;
alleviate unnecessary consumption of resources by state and local government entities and
governing bodies and officers, employees, and agents thereof; and avoid the negative
unintended consequences that impact parents and children; and
(4) State and local government entities and governing bodies and officers, employees, and
agents thereof are provided corresponding civil and criminal immunity, provided that the
protocol provided herein is followed.
SECTION 3.
Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions
relative to the juvenile code, is amended by revising paragraph (48) as follows:
"(48)(A) 'Neglect' means:
<del>(A)(i)</del> The failure to provide proper parental care or control, subsistence, education
as required by law, or other care or control necessary for a child's physical, mental,
or emotional health or morals;
<del>(B)(ii)</del> The failure to provide a child with adequate supervision necessary for such
child's well-being; or
<ins>(C)(iii)</ins> The abandonment of a child by his or her parent, guardian, or legal custodian.
<ins>(B) Such term shall not mean or include actions and decisions by a parent or guardian,
acting in good faith, that allow a child to engage in independent activities consistent
with the child's intellectual, emotional, and physical maturity, including, but not limited
to, allowing the child to:
(i) Travel independently to and from school by walking, running, bicycling, public
transit, or other means;
(ii) Travel independently to and from nearby commercial or recreational facilities;
(iii) Engage independently in outdoor play;
(iv) Remain in a vehicle without an adult present if the circumstances do not cause
harm to the child and do not create an imminent risk of harm to the child, including,
but not limited to, if the temperature inside the vehicle is not and will not become
dangerously hot or cold or the child has the capacity and ability to open the door or
windows of the vehicle in case of need;
(v) Remain at home without an adult present if the parent or guardian:
(I) Returns home the same day on which the parent or guardian gives the child
permission to remain at home;
</ins>
<ins>(II) Ensures the child has the capacity and ability to contact the parent, guardian,
or another responsible adult rapidly when needed and is provided with the means
to make such contact; and
(III) Makes provisions for the child to be cared for and protected in the event of any
reasonably foreseeable emergency; and
(vi) Remain at home or be unsupervised outside the home without an adult present
if the parent or guardian is following relevant guidelines as published by the Division
of Family and Children Services of the Department of Human Services."
</ins> SECTION 4.
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against
the person, is amended in Code Section 16-5-60, relating to reckless conduct causing harm
to or endangering the bodily safety of another and conduct by HIV infected persons, by
revising subsection (b) and by adding a new subsection to read as follows:
"(b)(1) <ins>Subject to the provisions of paragraph (2) of this subsection, a</ins> <del>A</del> person who
causes bodily harm to or endangers the bodily safety of another person by consciously
disregarding a substantial and unjustifiable risk that his or her act or omission will cause
harm or endanger the safety of the other person and the disregard constitutes a gross
deviation from the standard of care which a reasonable person would exercise in the
situation is guilty of a misdemeanor.
<ins>(2)(A) The actions and decisions by a parent or guardian with respect to his or her
minor child consistent with the provisions of subsection (f) of Code Section 16-5-70
shall not constitute a gross deviation from the standard of care provided for in
paragraph (1) of this subsection.
(B) No state or local government entity or governing body or any officer, employee,
or agent thereof shall obstruct or interfere with a parent or guardian of a minor child in
this state acting in compliance with the provisions of subsection (f) of Code
</ins>
<ins>Section 16-5-70, and no parent or guardian shall be detained, arrested, or charged
criminally, nor be investigated by any agency under this subsection, if such parent or
guardian is in compliance with the provisions of subsection (f) of Code Section 16-5-70
or if a minor child appears to be alone or unsupervised by an adult unless that child also
appears to be injured, in distress, or at imminent risk of significant injury or other harm
from an identifiable source."
"(d) State and local government officers, employees, and agents who act in good faith
compliance with the provisions of this Code section shall be immune from criminal and
civil liability in the event that injury or death to a child results from such good faith
compliance."
</ins> SECTION 5.
Said chapter is further amended in Code Section 16-5-70, relating to cruelty to children, by
adding new subsections to read as follows:
<ins>"(f) A parent or guardian of a child does not violate this Code section when he or she,
acting in good faith, allows the child to engage in independent activities consistent with the
child's intellectual, emotional, and physical maturity, including, but not limited to, allowing
the child to:
(1) Travel independently to and from school by walking, running, bicycling, public
transit, or other means;
(2) Travel independently to and from nearby commercial or recreational facilities;
(3) Engage independently in outdoor play;
(4) Remain in a vehicle without an adult present if the circumstances do not cause harm
to the child and do not create an imminent risk of harm to the child, including, but not
limited to, if the temperature inside the vehicle is not and will not become dangerously
hot or cold or the child has the capacity and ability to open the door or windows of the
vehicle in case of need;
</ins>
<ins>(5) Remain at home without an adult present if the parent or guardian:
(A) Returns home the same day on which the parent or guardian gives the child
permission to remain at home;
(B) Ensures the child has the capacity and ability to contact the parent, guardian, or
another responsible adult rapidly when needed and is provided with the means to make
such contact; and
(C) Makes provisions for the child to be cared for and protected in the event of any
reasonably foreseeable emergency; and
(6) Remain at home or be unsupervised outside the home without an adult present if the
parent or guardian is following relevant guidelines published by the Division of Family
and Children Services of the Department of Human Services.
(g) As provided in this Code section and paragraph (1) of subsection (e) of Code
Section 20-2-786, no state or local government entity or governing body or any officer,
employee, or agent thereof shall obstruct or interfere with a parent or guardian of a minor
child in this state acting in compliance with this Code section, and no parent or guardian
shall be detained, arrested, or charged criminally, nor be investigated by any agency, if
such parent or guardian is complying with this Code section or if a minor child appears to
be alone or unsupervised by an adult unless that child also appears to be injured, in distress,
or at imminent risk of significant injury or other harm from an identifiable source.
(h) A parent or guardian of a minor child in this state shall not be deemed to have abused
or neglected his or her child unless such child is injured, in distress, or at imminent risk of
significant injury or other harm from an identifiable source.
(i) Provided that state and local government officers, employees, and agents act in
accordance with this Code section, such officers, employees, and agents are granted
immunity from criminal and civil liability in the event that injury to or death of a child
results from such act."
</ins>
SECTION 6.
This Act shall become effective on July 1, 2025; provided, however, that Sections 4 and 5
of this Act shall apply to offenses committed on or after such date.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.