House Bill 639
By: Representatives Wiedower of the 121st, Efstration of the 104th, Cox of the 28th, Gaines
of the 120th, Jasperse of the 11th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the
juvenile code, so as to expedite and prioritize processes for the termination of parental rights
in certain cases involving parental incapacity and child maltreatment; to provide for
definitions; to revise circumstances for when reasonable efforts by DFCS are not required;
to provide for reporting; to revise requirements for nonreunification hearings; to clarify when
a termination of parental rights petition should be filed and the parties entitled to file such
petition; to provide for determinations to be made by the court; to require the court to
consider the child's attachments when ruling on a petition to terminate parental rights; to
provide for related matters; to provide for legislative findings; 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.
The General Assembly finds that although the efforts of the state's child welfare
professionals to engage with families and resolve issues of maltreatment through the use of
appropriate services is proper and fit, there are certain situations in which the child's right to
grow and thrive in a safe, loving environment and to be cared for by a responsible,
trustworthy adult must take precedence. The General Assembly therefore finds it necessary,
in appropriate situations, to expedite safe, stable, and permanent placement with relatives,
fictive kin, or adoptive family for those children who have suffered significant and chronic
abuse and neglect at the hands of the parent.
SECTION 2.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile
code, is amended in Code Section 15-11-201, relating to DFCS case plan and contents, by
revising paragraph (14) of subsection (b) as follows:
"(14) A recommendation for a permanency plan for such child. If, after considering
reunification, adoptive placement, permanent guardianship, or placement with a fit and
willing relative, DFCS recommends placement in another planned permanent living
arrangement for a child who has attained the age of 16, the case plan shall include:
(A) Documentation of a compelling reason or reasons why reunification, termination
of parental rights and adoption, permanent guardianship, or placement with a fit and
willing relative are not in the child's best interests;
(B) Documentation of the intensive, ongoing, and unsuccessful efforts made by the
state agency to return the child home or secure a placement for the child with a fit and
willing relative, a legal guardian, or an adoptive parent, including through efforts that
utilize search technology, including social media, to find biological family members for
the child; and
(C) Documentation of the steps the state agency is taking to ensure that the child's
foster family home or child care institution is following the reasonable and prudent
parent standard, as defined in Code Section 49-5-3, and documentation that the child
has regular, ongoing opportunities to engage in age or developmentally appropriate
activities, as defined in Code Section 49-5-3, including by consulting with the child in
an age-appropriate manner about the opportunities of the child to participate in the
activities.
For purposes of this paragraph, a 'compelling reason' shall have the same meaning as in
<del>paragraph (2) of</del> subsection <del>(b)</del> <ins>(c)</ins> of Code Section 15-11-233;"
SECTION 3.
Said chapter is further amended in Code Section 15-11-203, relating to when reasonable
efforts by DFCS not required, by revising subsection (a) and by adding a new subsection to
read as follows:
"(a) The court may direct that reasonable efforts to eliminate the need for placement of an
alleged dependent child <del>shall not be</del> <ins>are not</ins> required <del>or</del> <ins>and</ins> shall cease if the court
determines <ins>by clear and convincing evidence</ins> and makes written findings of fact that a
parent of an alleged dependent child:
(1) Has subjected his or her child to aggravated circumstances;
(2) Has been convicted of the murder or murder in the second degree of another child of
such parent;
(3) Has been convicted of the <del>voluntary manslaughter</del> <ins>murder or murder in the second
degree</ins> of another child of such parent;
(4) Has been convicted of aiding or abetting, attempting, conspiring, or soliciting to
commit murder or voluntary manslaughter of another child of such parent;
(5) Has been convicted of committing a felony assault that results in serious bodily
injury to the child or another child of such parent;
(6) Has been convicted of rape, sodomy, aggravated sodomy, child molestation,
aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the
alleged dependent child or another child of the parent;
(7) Is required to register as a sex offender and that preservation of a parent-child
relationship is not in the alleged dependent child's best interests; or
(8) Has had his or her rights to a sibling of the alleged dependent child terminated
involuntarily and the circumstances leading to such termination of parental rights to that
sibling have not been resolved."
<ins>"(c) At each hearing, DFCS shall be required to report in writing to all parties and the court
whether there are reasonable grounds to believe one or more of the circumstances
enumerated in subsection (a) of this Code section exist. The court shall be required to
make written findings at each hearing on this issue such circumstances. The court shall
within 30 days hold a nonreunification hearing pursuant to Code Section 15-11-204 to
determine whether reunification services should be provided."
</ins> SECTION 4.
Said chapter is further amended in Code Section 15-11-204, relating to nonreunification
hearing, by revising subsections (a) and (b) as follows:
"(a) <del>If the DFCS report does not contain a plan for reunification services,</del> <ins>When the court
finds reasonable grounds to believe that a circumstance described in subsection (a) of Code
Section 15-11-203 exists or the DFCS report does not contain a plan for reunification
services,</ins> the court shall hold a nonreunification hearing to review <del>the report and the
determination that a plan for reunification services is not appropriate.</del> <ins>whether reunification
is the appropriate plan.
</ins> (b) The nonreunification hearing shall be held no later than 30 days from the time the
DFCS report is filed <ins>or the court finds that a reasonable ground for nonreunification exists.
</ins> Notice of the nonreunification hearing shall be provided, by summons, to the child
adjudicated as a dependent child if he or she is 14 years of age or older; his or her parent,
guardian, or legal custodian, attorney, guardian ad litem, if any, and specified nonparties
entitled to notice."
SECTION 5.
Said chapter is further amended by revising Code Section 15-11-233, relating to termination
of parental rights and exceptions, as follows:
"(a) Except as provided in subsection <del>(b)</del> <ins>(c)</ins> of this Code section, DFCS shall file a
petition to terminate the parental rights of a parent of a child adjudicated as a dependent
child or, if such a petition has been filed by another party, seek to be joined as a party to
the petition, and, concurrently, to identify, recruit, process, and approve a qualified family
for an adoption if:
(1) A child adjudicated as a dependent child has been in foster care under the
responsibility of DFCS for 15 of the most recent 22 months;
(2) The court has made a determination that the parent has subjected his or her child to
aggravated circumstances; or
(3) The court has made a determination that the parent of a child adjudicated as a
dependent child has been convicted of:
(A) The murder of another child of such parent;
(B) Murder <ins>or murder</ins> in the second degree of another child of such parent;
(C) Voluntary manslaughter of another child of such parent;
(D) Voluntary manslaughter of the other parent of such child;
(E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder <ins>or
second degree murder</ins> or voluntary manslaughter of another child of such parent;
(F) Aiding or abetting, attempting, conspiring, or soliciting to commit murder <ins>or
second degree murder</ins> or voluntary manslaughter of the other parent of such child; or
(G) Committing felony assault that has resulted in serious bodily injury to such child
or to another child of such parent.
<ins>(b) Unless a compelling reason exists pursuant to subsection (c) of this Code section, the
petition required by subsection (a) of this Code section shall be filed within 30 days of a
determination by the court that:
</ins>
<ins>(1) Any of the circumstances of described in paragraph (3) of subsection (a) of this Code
section exist;
(2) DFCS is not required to provide reunification services pursuant to Code Section
15-11-203; or
(3) A parent has voluntarily surrendered his or her parental rights.
</ins> <del>(b)(c)</del> <ins>If DFCS has a compelling reason for not filing a termination of parental rights
petition pursuant to subsection (a) of this Code section, it shall file with the court, within
the deadline for filing such petition, a written report stating that termination</ins> <del>Termination
</del> of parental rights may not be in the best interests of a child adjudicated as a dependent child
<del>when</del> <ins>due to one or more of the following:
</ins> (1) Such child is being cared for by his or her relative that intends to be a permanent
placement for such child in accordance with a permanency plan approved by the court
and in a time frame that is consistent with the developmental needs of such child;
(2) The case plan documents a compelling reason for determining that filing such a
petition would not be in the best interests of such child. Such compelling reasons may
include, but not be limited to:
(A) A parent of such child is successfully participating in services that will make it
possible for his or her child to safely return home <ins>in the reasonably foreseeable future;
</ins> (B) Another permanency plan is better suited to meet the health and safety needs of
such child. Documentation that another permanent plan is better suited to meet the
health and safety needs of such child may include documentation that:
(i) Such child is 14 years of age or older and objects to termination of parental rights.
Prior to accepting a child's objection, the court shall personally question such child
in chambers to determine whether the objection is a voluntary and knowing choice;
(ii) Such child is 16 years of age or older and specifically requests that emancipation
be established as his or her permanent plan;
(iii) The parent of such child and such child have a significant bond, but such parent
is unable to care for such child because of an emotional or physical disability and
such child's caregiver has committed to raising such child to the age of majority and
facilitating visitation with such disabled parent; or
(iv) Such child is in a residential treatment facility that provides services specifically
designed to address his or her treatment needs and the court determines that his or her
needs could not be served by a less restrictive placement;
(C) Such child is living with his or her relative who is unable or unwilling to adopt
such child, but who is willing and capable of providing such child with a stable and
permanent home environment <del>and the removal of such child from the physical custody
of his or her relative would be detrimental to such child's emotional well-being;
</del> (D) The court or judicial citizen review panel, in a prior hearing or review, determined
that while the case plan was to reunify the family, DFCS did not make reasonable
efforts; or
(E) Such child is an unaccompanied refugee or there are international legal obligations
or foreign policy reasons that would preclude terminating parental rights; or
(3) DFCS has not provided to the family of such child services deemed necessary for his
or her safe return to his or her home, consistent with the specific time frames for the
accomplishment of the case plan goals.
<ins>(c)(d)</ins> The recommendation by DFCS that termination of parental rights is not in the best
interests of a child shall be based on the present family circumstances of such child and
shall not preclude a different recommendation at a later date if the family circumstances
of a child adjudicated as a dependent child change.
<del>(d)(e)</del> At least 30 days prior to the fifteenth month a child has been in foster care and when
the court deems appropriate, the court shall review DFCS's determination that filing a
petition to terminate parental rights would not be in the best interests of such child, as
provided for in paragraph (2) of subsection <del>(b)</del> <ins>(c)</ins> of this Code section. Such hearing may
be in conjunction with other matters of the case. At such hearing, the court may appoint
an attorney guardian ad litem, who may, after his or her own determination, file a petition
to terminate parental rights on behalf of the child. The court in its sole discretion may
make any additional rulings."
SECTION 6.
Said chapter is further amended in Code Section 15-11-310, relating to grounds for
determining termination of parental rights, by revising subsection (a) as follows:
"(a) In considering the termination of parental rights, the court shall first determine
whether one of the following statutory grounds for termination of parental rights has been
met:
(1) The parent has given written consent to termination which has been acknowledged
by the court or has voluntarily surrendered his or her child for adoption;
(2) The parent has subjected his or her child to aggravated circumstances;
(3) The parent has wantonly and willfully failed to comply for a period of 12 months or
longer with a decree to support his or her child that has been entered by a court of
competent jurisdiction of this or any other state;
(4) A child is abandoned, <ins>as such term is defined in Code Section 15-11-2,</ins> by his or her
parent; or
(5) A child is a dependent child due to lack of proper parental care or control by his or
her parent, reasonable efforts to remedy the circumstances have been unsuccessful or
were not required, such cause of dependency is likely to continue or will not likely be
remedied in the reasonably foreseeable future, and:
(A) <del>Returning such child to his or her parent is likely to cause serious physical, mental,
moral, or emotional harm to such child or threaten the physical safety or well-being of
such child; or</del> <ins>Continuation of the parent and child relationship will cause or is likely
to cause significant physical, mental, moral, or emotional harm to such child; or
</ins>
<del>(B) Continuation of the parent and child relationship will cause or is likely to cause
serious physical, mental, moral, or emotional harm to such child.
</del> <ins>(B) In determining harm to the child as required by this subsection, the General
Assembly finds that children have a strong biological and psychological need for stable
attachment to a trusted adult caregiver, and that lack of such attachment is harmful to
the child. Therefore, in considering whether the child will suffer serious physical,
mental, moral, or emotional harm under this Code section, the court shall consider:
(i) Whether the child is attached to the parent, and the quality of any such attachment;
(ii) Whether the child is attached to an alternative caregiver, and the quality of any
such attachment;
(iii) The psychological needs of the child for secure attachment; and
(iv) The danger of further disruptions to the child's attachments."
</ins> SECTION 7.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval and shall apply to all dependency and termination of parental rights
cases currently pending, and all such cases later filed, in the juvenile court.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.