HB 1141: Courts; availability of medical records to a parent or legal guardian when a child is taken into medical custody; provide

Under current Georgia law (O.C.G.A. § 15-11-131.1), when a child is taken into temporary protective custody, the parent or legal guardian already has the right to get an independent medical evaluation for that child at their own expense, unless a court order blocks it. This bill adds a new requirement on top of that right. The bill says that any medical records created while the child was being treated in protective custody must be given to the parent or legal guardian within five business days of the child entering custody. Whoever is responsible for the records must send proof that the records are available, using email, mail, or a delivery service that confirms it was sent. If the records are not made available within that five day window, the bill imposes a fine of $500 per day for every day the delay continues.

• Adds a new rule requiring medical records from a child's treatment in temporary protective custody to be given to the parent or guardian within five business days of intake.
• Requires proof of notification about the records' availability to be sent by email, postal mail, or a delivery service that confirms delivery.
• Creates a penalty of $500 per day for each day past 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 pediatric specialty consultation for the child, unless a court order prohibits it.

Parents and legal guardians of children taken into temporary protective custody, the Division of Family and Children Services (DFCS), hospitals and medical professionals who treat these children, and law enforcement officers who are required to cooperate with evaluations.

Parents whose children are removed into protective custody would get faster, guaranteed access to the child's medical records, with a financial penalty pushing DFCS or medical providers to comply on time. This could speed up parents' ability to seek second medical opinions or respond in court.

• Section 1 amends O.C.G.A. § 15-11-131.1(b) by adding a new paragraph (2) requiring medical records from custody-related treatment to reach the parent or guardian within five business days of intake.
• The amendment requires proof of notification of record availability sent by email, postal service, or a delivery method with confirmation.
• Sets a $500 per day fine for each day beyond the five business day deadline that records are not made available.
• Retains the existing right in paragraph (1) for a parent or guardian to obtain an independent medical evaluation or pediatric specialty consultation at their own expense unless a court order prohibits it.
• Section 2 repeals any conflicting laws.

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

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

• child protective custody
• medical records
• parental rights
• DFCS
• juvenile court