HB 639: Courts; expedite and prioritize processes for termination of parental rights in certain cases involving parental incapacity and child maltreatment

Georgia law already lets DFCS (the Division of Family and Children Services) skip reunification efforts in extreme cases like when a parent murdered another child or committed serious sexual abuse. This bill tightens and clarifies those rules. It requires DFCS to report at every hearing whether such extreme circumstances exist, requires the court to make written findings on that question, and sets a strict 30 day deadline for a nonreunification hearing once those findings are made. The bill also sets a 30 day deadline for DFCS to file a petition to terminate parental rights once a court finds aggravated circumstances, a parent has been convicted of certain violent crimes, reunification services are not required, or a parent has voluntarily surrendered rights, unless DFCS documents a compelling reason not to. It also requires courts, when deciding whether keeping a parent's rights intact would harm a child, to weigh the child's attachment to the parent and to any alternative caregiver, and the risk of further disrupting those attachments. The changes would take effect immediately upon the Governor's signature and apply to all pending and future cases.

• Requires DFCS to report in writing at every hearing whether circumstances allowing skipped reunification efforts exist, and requires the court to make written findings on the issue.
• Sets a 30 day deadline for the court to hold a nonreunification hearing after finding that reunification is not required.
• Requires clear and convincing evidence, rather than a lower standard, before a court can rule that reunification efforts are not required for a parent.
• Sets a 30 day deadline for DFCS to file a petition to terminate parental rights once a court finds aggravated circumstances, certain criminal convictions, no required reunification services, or a voluntary surrender, unless a compelling reason is documented.
• Requires courts, when ruling on termination of parental rights based on likely harm to the child, to specifically consider the child's attachment to the parent and to any alternative caregiver.
• Expands the definition of convictions that trigger mandatory nonreunification and termination filing to include second degree murder of another child.

Parents facing dependency or termination of parental rights proceedings in Georgia juvenile courts, especially those accused of aggravated abuse, certain violent crimes, or chronic maltreatment; children in foster care; DFCS caseworkers and attorneys; juvenile court judges; and relatives, foster parents, or adoptive families seeking permanent placement of a child.

Georgia families involved in dependency cases would face faster timelines for decisions about reunification and termination of parental rights when a parent has committed serious crimes or abuse. Courts would be required to weigh a child's emotional attachments before deciding whether cutting off a parent's rights would cause harm.

• Section 3 raises the evidentiary standard for finding reunification efforts unnecessary to clear and convincing evidence and requires DFCS to report at each hearing on whether nonreunification grounds exist, with a 30 day deadline for a nonreunification hearing.
• Section 4 revises Code Section 15-11-204 so nonreunification hearings must occur within 30 days once the court finds reasonable grounds for nonreunification or DFCS's report lacks a reunification plan.
• Section 5 adds a new subsection to Code Section 15-11-233 requiring DFCS to file a termination of parental rights petition within 30 days of certain court determinations, unless a compelling reason for not filing is documented.
• Section 5 also revises the list of compelling reasons DFCS may cite for not seeking termination, including a parent successfully participating in services expected to allow the child's return home in the foreseeable future.
• Section 6 revises Code Section 15-11-310 to require courts to consider the child's attachment to the parent, attachment to an alternative caregiver, psychological need for secure attachment, and risk of further disrupting attachments when weighing likely harm to the child.
• Section 7 makes the law 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-28)
• Houston Gaines (R, HD-120)
• Rick Jasperse (R, HD-11)
• Joseph Gullett (R, HD-19)

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