--- title: SB 110. Definitions Relative to the Juvenile Code; definition of neglect and to provide for new definitions collection: bills id: 2025-2026/sb110 cite_as: SB 110, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb110 md_url: https://georgiacommons.org/bills/2025-2026/sb110.md text_url: https://georgiacommons.org/bills/2025-2026/sb110/text source_url: https://www.legis.ga.gov/legislation/69985 date: 2025-05-14 status: passed corpus_version: bills-2026-08-28 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. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb109.md next: https://georgiacommons.org/bills/2025-2026/sb111.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 996 omitted_url: https://georgiacommons.org/bills/2025-2026/sb110.md?full=1 bill_number: SB 110 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-05-14 last_action: Effective Date 2025-07-01 sponsors: - Jason Anavitarte - Randy Robertson - Jason Esteves - Kay Kirkpatrick - Eddie Lumsden text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/SB110/2025 upstream_id: 1958414 summaries_model: claude-sonnet-5 topic_tags: - child neglect law - juvenile code - parental rights - reckless conduct law - child safety --- # SB 110. Definitions Relative to the Juvenile Code; definition of neglect and to provide for new definitions ## Text 25 SB 110/AP Senate Bill 110 By: Senators Anavitarte of the 31st, Robertson of the 29th, Est eves of the 35th and Kirkpatrick of the 32nd AS PASSED A BILL TO BE ENTITLED AN ACT To amend Code Section 15-11-2 of the Official Code of Georgia A nnotated, relating to1 definitions relative to t he juvenile code, so as to revise the definition of neglect and to2 provide for new definitions; to amend Code Section 16-5-60 of the Official Code of Georgia3 Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of4 another and conduct by HIV infected persons, so as to provide f or an exception to certain5 offenses of reckless conduct fo r legal custodians permitting ch ildren to participate in6 independent activities under certain conditions; to provide for related matters; to provide for7 an effective date and applicability; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions11 relative to the juvenile code, is amended by revising paragraph (48) and adding two new12 paragraphs to read as follows:13 "(6.1) 'Blatant disregard' means a real, significant, and imminent risk of harm that would14 be so obvious to a legal custodian that a legal custodian acting reasonably would not have15 S. B. 110 - 1 - 25 SB 110/AP exposed the child to the imminent risk of harm without exercisi ng precautionary16 measures to protect the child from such harm."17 "(37.1) 'Independent activity' means the activity of a child wh o is not under the direct18 supervision of a legal custodian or person acting in loco parentis and shall include, but19 shall not be limited to, playing indoors or outdoors alone or with other children, walking20 to or from school, running errands, or traveling to local comme rcial or recreational21 facilities."22 "(48) 'Neglect' means:23 (A) The failure to provide proper necessary parental care or control, subsistence,24 education as required by law, or other care or control necessary for a child's physical,25 mental, or emotional health or morals safety;26 (B) The failure to provide a child with adequate supervision necessary for such child's27 well-being health or safety due to a legal custodian having placed the ch ild in a28 situation that requires judgment or actions beyond such child's level of maturity,29 physical abilities, or mental abilities and thereby creating a real, significant, and30 imminent risk of harm to the child as a result of a blatant dis regard for such legal31 custodian's responsibilities; or32 (C) The abandonment of a child by his or her parent, guardian, or legal custodian;33 provided, however, that such term shall not include a legal custodian permitting a child34 to engage in one or more independent activities, only if the le gal custodian reasonably35 believes the child is of sufficient maturity, physical abilities, and mental abilities to avoid36 substantial risk of harm."37 SECTION 2.38 Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct39 causing harm to or endangering the bodily safety of another and conduct by HIV infected40 persons, is amended by revising subsection (b) as follows:41 S. B. 110 - 2 - 25 SB 110/AP "(b)(1) As used in this subsection, the terms 'independent activity,' 'legal custodian,' and42 'neglect' shall have the same meaning as provided in Code Section 15-11-2.43 (2) A person who causes bodily harm to or endangers the bodily safety of another person44 by consciously disregarding a substantial and unjustifiable ris k that his or her act or45 omission will cause harm or endanger the safety of the other pe rson and the disregard46 constitutes a gross deviation from the standard of care which a reasonable person would47 exercise in the situation is guilty of a misdemeanor; provided, however, that it shall not48 be a violation of this subsection for a legal custodian to permit a child to engage in one49 or more independent activities unless doing so constitutes neglect."50 SECTION 3.51 This Act shall become effective on July 1, 2025; provided, however, that Section 2 of this52 Act shall apply to offenses committed on or after such date.53 SECTION 4.54 All laws and parts of laws in conflict with this Act are repealed.55 S. B. 110 - 3 - ## 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. Senate Bill 110 changes Georgia's legal definition of child neglect so that letting kids do things like walk to school or play outside alone does not count as neglect or reckless conduct, as long as a caregiver reasonably believes the child can handle it safely. ### Plain-language summary Under current Georgia law, the juvenile code's definition of neglect (O.C.G.A. § 15-11-2) is broad enough that letting a child do everyday independent things, like walking home from school or playing outside unsupervised, could potentially be treated as neglect. This bill narrows that definition. It adds a new term, 'independent activity,' covering things like playing alone indoors or outdoors, walking to or from school, running errands, or going to local stores or recreation spots without direct adult supervision. It also defines 'blatant disregard' as a real, significant, and imminent risk of harm so obvious that a reasonable caregiver would not have exposed the child to it without taking precautions. The bill then says neglect does not include a legal custodian letting a child engage in independent activities, as long as the custodian reasonably believes the child is mature and capable enough to avoid substantial risk of harm. It makes a matching change to Georgia's reckless conduct law (O.C.G.A. § 16-5-60), protecting custodians from misdemeanor reckless conduct charges for the same kind of independent-activity decisions, unless the conduct rises to neglect. The law takes effect July 1, 2025, and the reckless conduct change applies to offenses committed on or after that date. ### What it does - Adds a new definition of 'blatant disregard' to Georgia's juvenile code, describing an obvious and imminent risk of harm a reasonable caregiver would have guarded against. - Creates a new definition of 'independent activity' covering things like unsupervised outdoor play, walking to school, running errands, or visiting local stores without direct adult supervision. - Revises the definition of 'neglect' so it does not include a legal custodian permitting independent activities, as long as the custodian reasonably believes the child can handle it safely. - Amends the reckless conduct law (O.C.G.A. § 16-5-60) so caregivers cannot be charged with that misdemeanor for allowing independent activities, unless the conduct amounts to neglect. - Sets a July 1, 2025 effective date, with the reckless conduct change applying to offenses committed on or after that date. ### Who it affects Parents, guardians, and other legal custodians of children in Georgia; child welfare and juvenile court officials who apply the neglect definition; and prosecutors and law enforcement handling reckless conduct charges involving children left to do everyday unsupervised activities. ### Why it matters Caregivers who let children walk to school, play outside, or run errands alone would have clearer legal protection from neglect findings or reckless conduct charges, as long as they reasonably judged the child capable of handling it, changing how such cases are evaluated by courts and child welfare authorities. ### Key provisions - Section 1 adds paragraph (6.1) defining 'blatant disregard' as an obvious, imminent risk of harm a reasonable custodian would have guarded against. - Section 1 adds paragraph (37.1) defining 'independent activity' to include unsupervised play, walking to or from school, errands, and trips to local commercial or recreational facilities. - Section 1 revises paragraph (48)'s definition of 'neglect' to exclude a custodian permitting independent activities when the custodian reasonably believes the child can avoid substantial risk of harm. - Section 2 amends O.C.G.A. § 16-5-60(b) to exempt custodians from reckless conduct misdemeanor liability for permitting independent activities, unless it constitutes neglect. - Section 3 sets the effective date as July 1, 2025, with the reckless conduct change applying only to offenses committed on or after that date. ## Status - Status: Passed (2025-05-14) - Last action: Effective Date 2025-07-01 (2025-05-14) - Sponsors: Jason Anavitarte, Randy Robertson, Jason Esteves, Kay Kirkpatrick, Eddie Lumsden - Official page: https://www.legis.ga.gov/legislation/69985 > The history, votes, and amendments (996 characters) are at https://georgiacommons.org/bills/2025-2026/sb110.md?full=1