Senate Bill 402
By: Senators Tillery of the 19th, Kirkpatrick of the 32nd, Dixon of the 45th, Walker III of
the 20th, Anavitarte of the 31st and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to
programs and protection for children and youth, so as to establish a pilot program relating
to the provision of screenings, clinical evaluations, training, services, and resources for
autism spectrum disorder to children in foster care; to provide for definitions; to provide for
the Division of Family and Children Services of the Department of Human Services to
develop and implement such pilot program; to provide for a final report and
recommendations; to provide for rules and regulations; to provide for automatic repeal; to
provide for related matters; to provide for an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and
protection for children and youth, is amended in Article 1, relating to children and youth
services, by adding a new Code section to read as follows:
<ins>"49-5-26.
(a) As used in this Code section, the term:
</ins>
<ins>(1) 'Autism spectrum disorder' means a neurobiological disorder or developmental
disability characterized by challenges with verbal communication, nonverbal
communication, social skills, and restricted or repetitive behaviors, as defined by the
most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. Such
term shall also include autistic disorder, Asperger's syndrome, pervasive developmental
disorder not otherwise specified, and childhood disintegrative disorder.
(2) 'Caregiver' means a parent, legal guardian, foster parent, or kinship caregiver of a
child in foster care.
(3) 'Clinical evaluation' means a comprehensive process conducted by a healthcare
professional to diagnose whether a child has autism spectrum disorder and to develop a
treatment plan.
(4) 'Division' means the Division of Family and Children Services of the Department of
Human Services.
(5) 'Screening' means a relatively brief process using tools such as questionnaires or
surveys to identify potential developmental concerns indicating further clinical evaluation
is necessary to determine if a child has autism spectrum disorder.
(b) Subject to appropriations, the division shall develop and implement a five-year pilot
program for the purpose of providing screenings and clinical evaluations for autism
spectrum disorder to children in foster care and providing training, services, and resources
on autism spectrum disorder to regional directors, county directors, division supervisors,
division case managers, other division staff, healthcare providers, and caregivers. All or
part of such training, services, and resources may be provided online. The pilot program
shall be established in three regional service areas in the first year and shall be expanded
to additional regional service areas each subsequent year of the pilot program until all
regional service areas are included. To the extent possible, the pilot program should
prioritize screenings, clinical evaluations, and services for children in foster care who have
</ins>
<ins>been diagnosed with attention deficit hyperactive disorder or reactive attachment disorder
or who have been prescribed psychotropic medications.
(c) As part of the pilot program, the division shall establish plans for the incremental
expansion of the pilot program, adopt strategies for effectively communicating with
caregivers, ensure sufficient medical consultants are available in regional service areas, and
provide technical assistance and dedicated staff for the pilot program.
(d) Upon one year of operation of the pilot program and annually thereafter, no later than
July 1, for the duration of the pilot program, the division shall submit a detailed written
report on the implementation and effectiveness of the pilot program to the Governor,
Speaker of the House of Representatives, President of the Senate, and chairpersons of the
House Committee on Public and Community Health, the House Committee on Judiciary
Juvenile, the Senate Children and Families Committee, and the Senate Health and Human
Services Committee. Such report shall also include recommendations as to the
implementation of the pilot program into division operations and identification of
screenings, clinical evaluations, training, services, and resources that shall be provided by
the division.
(e) The division shall be authorized to establish such rules and regulations as may be
necessary to implement the pilot program established pursuant to this Code section.
(f) This Code section shall be repealed by operation of law on July 1 of the year following
the submittal of the final report as provided in subsection (d) of this Code section."
</ins> SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.