HB1141: HB1141 Courts; availability of medical records to a parent or legal guardian when a child is taken into medical custody; provide

Under current Georgia law, a parent or legal guardian whose child is taken into temporary protective custody (O.C.G.A. § 15-11-131) already has the right to get an independent medical evaluation of the child at their own expense. This bill adds a new requirement: any medical records created from treatment the child receives while in that temporary custody must be made available to the parent or guardian within five business days of the child's intake. The bill also requires proof that the parent or guardian was notified the records are available, sent by email, postal mail, or another delivery service that confirms receipt. If the records are not made available within five business days, the bill sets a fine of $500 per day for every day past that deadline until the records are provided. The bill repeals any conflicting laws and does not state a separate effective date beyond the general session rules.

• Requires DFCS (the Division of Family and Children Services) or other custodians to make a child's medical records from temporary protective custody available to a parent or legal guardian within five business days of intake.
• Requires proof of notification about record availability to be sent by email, postal mail, or a delivery service that confirms receipt.
• Creates a $500 per day fine for each day beyond the five business day deadline that the records are not made available.
• Keeps the existing right of a parent or guardian to obtain an independent medical evaluation or specialty consultation for the child at their own expense, unless a court order prohibits it.

Parents and legal guardians whose children are placed in temporary protective custody, the Division of Family and Children Services (DFCS), physicians and other medical professionals treating children in custody, and law enforcement officers involved in custody cases.

Parents currently may face delays or uncertainty getting medical information about a child removed from their care. This bill sets a firm five business day deadline for record access and attaches a daily financial penalty, which could change how quickly agencies respond to record requests.

• Section 1 revises subsection (b) of O.C.G.A. § 15-11-131.1, keeping the existing right to an independent medical evaluation unless a court order prohibits it.
• Section 1 adds a new paragraph requiring medical records from treatment during temporary protective custody to be made available to the parent or guardian within five business days of intake.
• Section 1 requires proof of notification of record availability, sent by email, postal service, or a delivery service that confirms delivery.
• Section 1 sets a penalty of $500.00 per day for each day past the five business day deadline that records remain unavailable.
• Section 2 repeals any conflicting laws.

1. 2026-02-04House Second Readers (House)
2. 2026-02-03House First Readers (House)
3. 2026-02-02House Hopper (House)

• Beth Camp (R, HD-135)Primary sponsor
• David Jenkins (R, HD-136)
• Carmen Rice (R, HD-139)
• Esther Panitch (D, HD-051)

• child welfare
• medical records
• parental rights
• DFCS
• juvenile courts