SB 110: Definitions Relative to the Juvenile Code; definition of neglect and to provide for new definitions

Georgia law currently defines neglect broadly, including failing to provide proper supervision for a child's well-being. This bill narrows that definition and adds new terms. It defines 'blatant disregard' as a real, significant, and imminent risk of harm so obvious that a reasonable legal custodian would have taken precautions, and it defines 'independent activity' to include things like playing outside alone, walking to or from school, running errands, or going to local stores or recreation spots without direct adult supervision. The bill then says neglect does not include a legal custodian letting a child do these independent activities, as long as the custodian reasonably believes the child is mature enough and capable enough to avoid substantial risk of harm. It also amends the reckless conduct criminal law (O.C.G.A. § 16-5-60) so that allowing a child to do an independent activity is not a crime unless it actually amounts to neglect under the new definition. The law takes effect July 1, 2025, and the criminal law change applies to offenses committed on or after that date.

• Adds a new legal definition of 'blatant disregard,' meaning a risk of harm so obvious a reasonable caregiver would have taken precautions to prevent it.
• Adds a new definition of 'independent activity,' covering things like unsupervised play, walking to school, running errands, or visiting local stores or recreation sites.
• Narrows the definition of 'neglect' so that inadequate supervision only counts as neglect when it involves blatant disregard creating a real and imminent risk of harm.
• Creates an explicit exception stating that letting a child engage in independent activities is not neglect if the caregiver reasonably believes the child is mature and capable enough to avoid serious risk.
• Amends the reckless conduct criminal statute (O.C.G.A. § 16-5-60) so a caregiver cannot be charged with a crime for allowing independent activities unless it rises to the level of neglect.
• Sets the law to take effect July 1, 2025, with the criminal law change applying only to offenses committed on or after that date.

Parents and legal custodians of children in Georgia, child protective services and juvenile courts that apply the neglect definition, and prosecutors and police who enforce the reckless conduct law. Children themselves are affected because the bill shapes how much unsupervised activity they can legally be given.

Caregivers who let children play outside alone, walk to school, or run errands without direct supervision would have clearer legal protection against neglect findings or reckless conduct charges, as long as the child is judged capable of handling the activity. This changes how child welfare agencies and prosecutors evaluate such cases.

• Section 1 amends O.C.G.A. § 15-11-2 to add definitions for 'blatant disregard' and 'independent activity' and revises paragraph (48)'s definition of neglect.
• Section 1 narrows the supervision prong of the neglect definition to require a showing of blatant disregard creating real, significant, and imminent risk of harm.
• Section 1 adds a proviso that neglect does not include a legal custodian permitting independent activities if the custodian reasonably believes the child is mature enough to avoid substantial risk of harm.
• Section 2 amends O.C.G.A. § 16-5-60(b), the reckless conduct statute, to import the same 'independent activity,' 'legal custodian,' and 'neglect' definitions from the juvenile code.
• Section 2 adds an exception so that permitting a child to engage in independent activities is not reckless conduct unless it constitutes neglect.
• Section 3 sets the effective date as July 1, 2025, with the criminal law changes in Section 2 applying only to offenses committed on or after that date.

1. 2025-07-01Effective Date
2. 2025-05-14Act 284
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-07Senate Sent to Governor (Senate)
5. 2025-03-25House Passed/Adopted (House)
6. 2025-03-25House Third Readers (House)
7. 2025-03-13House Committee Favorably Reported (House)
8. 2025-03-10House Second Readers (House)

• Jason Anavitarte (R, SD-31)Primary sponsor
• Randy Robertson (R, SD-29)
• Jason Esteves (D, SD-35)
• Kay Kirkpatrick (R, SD-32)
• Eddie Lumsden (R, HD-12)

1. PassedSenate voteMarch 4, 2025

   52 yea, 1 nay (0 not voting, 3 excused)

   PASSAGE BY SUBSTITUTE: Senate Vote #153

2. PassedHouse voteMarch 25, 2025

   100 yea, 69 nay (4 not voting, 7 excused)

   PASSAGE: House Vote #310

• child neglect law
• parental rights
• juvenile code
• reckless conduct law
• child supervision