SB 259: Juvenile Code; certain procedures to be followed when there is a determination of suspected child abuse or neglect; provide

Under current Georgia law, a physician who suspects child abuse or neglect can hold a child in temporary protective custody without a court order or parental consent, then must notify parents and the Division of Family and Children Services (DFCS) and involve the juvenile court within 24 hours. This bill adds new requirements to that process. Physicians must now tell parents or guardians about their right to get an independent medical evaluation or a pediatric specialty consultation, and must tell DFCS the basis for their abuse determination, including whether a physical exam was done and what records were reviewed. The bill also creates a new Code section giving parents the right, at their own expense, to obtain an independent medical evaluation or consultation with a board certified pediatric specialist, covering fields like radiology, genetics, and child abuse pediatrics, unless a court prohibits it. Courts must consider the results of such evaluations at dependency hearings, though a hearing cannot be delayed solely because results are not yet available. The law would take effect as soon as the Governor signs it and would apply to legal actions filed on or after that date.

• Requires a physician holding a child in protective custody to inform parents of their right to an independent medical evaluation or pediatric specialty consultation.
• Requires the physician to tell DFCS the basis for the abuse determination, including whether a physical exam occurred and what medical records were reviewed.
• Creates a new legal right for parents or guardians to obtain an independent medical evaluation or specialist consultation at their own expense, unless a court blocks it.
• Requires physicians, law enforcement, and DFCS to cooperate in facilitating that independent evaluation.
• Requires judges at dependency hearings to consider the results of any independent medical evaluation or specialty consultation.
• Prohibits courts from delaying an adjudication hearing solely because independent evaluation results are not yet available.

Parents and guardians of children taken into protective custody over suspected abuse or neglect, physicians and medical professionals who handle such cases, DFCS caseworkers, law enforcement officers, juvenile court judges, and the children involved in these dependency proceedings.

Parents facing an abuse or neglect determination would gain a formal right to seek a second medical opinion, potentially from a specialist in conditions that can mimic abuse, such as rickets or Ehlers-Danlos syndrome, and courts would have to weigh that evidence, which could affect custody outcomes.

• Section 1 names the bill 'Ridge's Law.'
• Section 2 amends O.C.G.A. § 15-11-131(b) to require physicians to inform parents of their right to an independent evaluation and to give DFCS more detail on the basis for the abuse determination.
• Section 3 adds new O.C.G.A. § 15-11-131.1, defining 'pediatric specialty consultation' to include fields such as radiology, genetics, orthopedics, and child abuse pediatrics.
• Section 3 also establishes the parent's right to an independent medical evaluation at their own expense unless a court order prohibits it, and requires cooperation from physicians, law enforcement, and DFCS.
• Section 3 requires courts to consider evaluation results at dependency hearings but bars delaying adjudication hearings solely for lack of those results.
• Section 4 makes the law effective upon the Governor's signature and applies it to legal actions filed on or after that date.

1. 2025-05-12Effective Date 2025-05-12
2. 2025-05-12Act 121
3. 2025-05-12Senate Date Signed by Governor (Senado)
4. 2025-04-10Senate Sent to Governor (Senado)
5. 2025-04-02House Passed/Adopted (Cámara de Representantes)
6. 2025-04-02House Third Readers (Cámara de Representantes)
7. 2025-03-20House Committee Favorably Reported (Cámara de Representantes)
8. 2025-03-11House Second Readers (Cámara de Representantes)

• Matt Brass (R, SD-006)Patrocinador principal
• Greg Dolezal (R, SD-027)
• Kay Kirkpatrick (R, SD-032)
• Ricky Williams (R, SD-025)
• Mike Hodges (R, SD-003)
• Blake Tillery (R, SD-019)
• Sam Watson (R, SD-011)
• Max Burns (R, SD-023)
• Jason Anavitarte (R, SD-031)
• Donzella James (D, SD-028)
• Michael Rhett (D, SD-033)
• Chuck Payne (R, SD-054)
• Brandon Beach (R, SD-021)
• Kim Jackson (D, SD-041)
• Russ Goodman (R, SD-008)
• Brian Strickland (R, SD-042)
• Kenya Wicks (D, SD-034)
• Randy Robertson (R, SD-029)
• Mandi Ballinger (R, HD-023)

1. AprobadaVotación: Senado6 de marzo de 2025

   55 a favor, 0 en contra (0 sin votar, 1 ausentes)

   Passage By Substitute: Senate Vote #167

2. AprobadaVotación: Cámara de Representantes2 de abril de 2025

   163 a favor, 0 en contra (3 sin votar, 14 ausentes)

   Passage: House Vote #389

• child abuse and neglect
• juvenile court
• parental rights
• medical evaluations
• family services