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House Judiciary Juvenile Committee

House Judiciary Juvenile Committee, January 28, 2026

2025-2026 Regular Session · 406 CLOB · 49 min

This is a machine transcript of the General Assembly's video, made by a speech-recognition model. It is not an official record and can mishear words, names, and numbers. Speakers are not identified. The video is the record: every timestamp links to the moment it plays.

Copy for LLM, View as markdown, and Send to AI use the Markdown version: the summaries Georgia Commons wrote, under headings that name them, then the whole transcript with its times. View raw is the transcript alone.

The video is the General Assembly's, played from its Vimeo channel. Select any time below to play that moment. Watch on the General Assembly's Vimeo channel · Agenda

Summary

Written by an AI model (gpt-6.1-sol) from the transcript. It is not part of the record, and the video is what was said.

The committee considered HB 256, which would update rights and complaint procedures for foster caregivers. Members discussed support during investigations, protections against retaliation, confidentiality and whether expanding the definition of foster parent could affect state liability. The committee adopted an amendment replacing licensing references with foster-home approval language, with no opposition recorded. Members did not vote to advance the bill. After legislative counsel requested time to draft additional language, a motion to table received a second, but no vote on that motion was recorded. The chair said the committee would revisit the measure at its next meeting if it was ready.

Bills discussed (1)

Each account covers the stretch of the meeting it names. The bill's number is said in that stretch, unless it was the only bill on a committee's agenda.

HB 256. Social services; foster parents bill of rights; revise provisions

From 0:12:00 · turns 9 to 118

The sponsor presented a substitute for HB 256 extending caregiver protections to relatives and close family connections, clarifying case-plan access, prohibiting retaliation, requiring an administrative complaint and appeal process, and allowing certified volunteer advocates. The sponsor said it would not change court authority or require new spending, and cited annual national foster-parent turnover of 30 to 50 percent. One member questioned protections against allegations from children or birth parents. The sponsor said fair-investigation requirements and volunteer advocates would help caregivers through those cases. Another member asked about independent complaint review; the sponsor believed the Office of the Child Advocate offered that option. A Department of Human Services witness warned that advocates might need an explicit exception to confidentiality rules. The witness also recommended using foster placement rather than expanding foster parent, citing possible effects on state liability law. The sponsor was open to that change. The committee adopted an amendment replacing licensing references with foster-home approval language, with no opposition recorded. No definition change or confidentiality amendment was adopted. Legislative counsel requested drafting time. A motion to table received a second, but no vote was recorded. The chair said the bill would return when ready; no vote to advance it occurred.

Transcript

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  1. 0:10:12

    Hello, everyone. Thank you. That's crazy. I feel like I'm in a movie. Okay. Is that better? Oh, gosh. All right, let's try it now. How about now? Better? Okay. Well, thank you everyone for being here today. I certainly appreciate all of your presence and for braving whatever was going on downstairs to get up here. So thank you very, very much. And so this is my first meeting as, um, Judiciary Juvenile Chair, and I just want to take a moment to remember Mandi Ballinger and the dedication she had to children in our state and her love of youth and the law and trying to make sure that we, as a committee, did everything possible to support the children in our state.

  2. 0:11:03

    So, um, if you don't mind, if we could just have one moment of silence, please.

  3. 0:11:11

    Thank you. And today we are actually gonna be talking about a, a bill for foster care. Um, I believe Representative Gullett, Chairman Gullett, do you have that bill ready?

  4. 0:11:24

    I do.

  5. 0:11:25

    Okay. And we're gonna give everyone a moment because I think we've had some people come in just to make sure they've got the paperwork.

  6. 0:11:36

    All right. And Chairman Gullett, can you tell me, um, your bill number and the LC number, please?

  7. 0:11:45

    Sure.

  8. 0:11:45

    Oh, hang on. Hang on. Hold, hold on. Let me just...

  9. 0:11:57

    There we go.

  10. 0:11:57

    We there? Um, it's HB 256. It's a substitute LC481686S.

  11. 0:12:06

    All right.

  12. 0:12:12

    All right. Um, well, go ahead and present your bill when you're ready.

  13. 0:12:14

    All right. Thank you. Um, members, this is a piece of legislation that was passed, um, in the Senate in 2023. The same language passed the House in 2024, and for whatever reason, the Senate didn't get around to agreeing to it, so we're here again to try to get it done. Um, the substitute is the same exact language that you voted on. I think it was, um, unanimous in both the Senate and the House.

  14. 0:12:44

    But, um, what this bill does is, is basically updating the Foster Parent Bill of Rights. So, um, it's updating it to reflect how foster care actually works today. Uh, when this law was first enacted in the early 2000s, foster care largely meant traditional DFCS foster homes. Uh, today, children may be placed with DFCS foster parents, private agencies, um, private agency foster parents, relatives, or fictive kin. Um, this bill recognizes those caregivers as essential partners and ensures they're treated consistently and fairly.

  15. 0:13:19

    It focuses exclusively on the relationship between caregivers and the department. Uh, it does not create any new rights in juvenile court. It does not change custody or judicial authority. It does not mandate new services or spending. Um, this just clarifies existing rights around communication, training, case plan participation, and normalcy for children. It reinforces the reasonable and prudent parent standard, adds explicit protection against retaliation, and creates a clear administrative grievance process. Um, it also allows for foster parents to request support from a trained, certified volunteer advocate during administrative investigations or disputes.

  16. 0:13:55

    Um, that advocate is not an attorney, um, does not interfere with investigations, and s- investigations does not impact the child safety decisions. Um, ultimately, this is just a stability and retention bill. Um, nationally, 30 to 50% of foster parents leave each year, um, and often because they feel unsupported or confused about the process. Uh, I'm a foster parent. Um, I adopted my child through DFCS. Um, I wasn't with an agency. I went... Was a straight DFCS foster parent.

  17. 0:14:27

    Um, being a foster parent is difficult. Um, it's, I think it probably only increasingly getting more difficult. Um, not because of DFCS, uh, not because of the agencies that support you, but because of the complicated cases and children, you know, the trauma that these children have been through is, is really complicated. I mean, it's, these children have been through a lot oftentimes. There's not an easy situation. I feel like I got the best, best case situation.

  18. 0:14:57

    My child was born into foster care. Um, I met him when he was 17 months old. Um, his foster mom, his foster mom before my wife and I, uh, is still involved in his life, so he has a third grandmother. It really truly is the best case scenario, and that was not an easy... That was not e- that, even that, what I feel like is the best case scenario, wasn't easy. Um, and so let me go through the bill a little bit, but I just wanna kind of give you background about why I'm passionate about it. This is something that, uh, Representative Wiedower, who's no longer here, uh, carried through.

  19. 0:15:31

    Um, previously, uh, I was second signer, so I kinda picked up the torch. But it is something that I, I do believe is really important, and I do believe is really important, um, for the foster parents. I'm sure, like many of you, uh, a number of your cases that you get, um, from constituent services is related to foster care. Um, typically the ones I get aren't the people who've had their children removed. It's oftentimes foster parents who don't know where to go, don't know where to turn. Um, and so this is, is hopefully gonna address some of that.

  20. 0:16:02

    Let me go through them by line here. Um, lines 18 through 20 just creates and defines a certified volunteer advocate, um, and they're certified by the Office of Child Advocate. So that, uh, office already exists today. Uh, lines 22 through 24 Um, that expands the definition of foster parent to include relative caregivers and fictive kin. Um, lines 25 through 26 reaffirms the reasonable and prudent parent standard, which is already existing law today.

  21. 0:16:35

    Line 60 clarifies that foster parents may learn about their rights from in- independent sources. Um, lines 88 through 89 explicitly requires foster parents to receive a copy of the child's case plan. Lines 130 through 144 allows a certified volunteer advocate to support foster parents during investigations or disputes. Um, line 145 through 146, it adds explicit protection against retaliation for foster parents who file complaints.

  22. 0:17:05

    Um, I will say in my casework, that probably is one of the biggest, they come to us because they don't know exactly where to go. Um, they don't want to upset their caseworkers oftentimes. Um, they don't want, they don't want anything but help. And so, um, that's, that's often, they, they, whether there's retaliation or not, there's a, there's a feeling that it could be there. And I think that's, that's what's important. Um, lines 147 through 148 clarifies that foster parents may retain an attorney at their own expense.

  23. 0:17:35

    Um, in lines, and this is current law today too, it's just explicitly saying that. Uh, and line 157 through 160, uh, requires defects to establish a formal administrative grievance and appeal process. Um, and, um, that is a summary of the bill. We do have an amendment when we get to that, that I'd like to add, um, to it. But, uh, I'll get to that when we get there. All right. Thank you. Um, and you did update also on line 176, the date, I think.

  24. 0:18:07

    Yes. So from, from what, if you were here in 20, in 2024, you voted on this on the House floor. If, you probably, if you're on this committee, you voted for it in this committee. I don't know how the committee vote turned out. I do know on the House floor it was, there were zero no's. The only thing that's changed in this version that you have today outside of our proposed amendment is the date. Great. Thank you. Um, we do have a few questions. Sure. Do you want to discuss the amendment first, or do you wanna answer the questions? I'll do the will of the committee.

  25. 0:18:39

    You're good to hear the amendment first, since the author of the bill is, is bringing the amendment. Okay. All right. Thank you. And legislative counsel, you have a copy of this? Yes. All right. Wonderful. All right. Thank you. Go ahead. Sure. Um, so the amendment, if, if we, if this is drafted or is adopted by the committee, um, if you look at lines 1, 130, um, through lines, uh, 138, this is just replacing that. And the gist of this is, um, if you read the, the original language that, that you've already voted on, it says com- the rights to be provided a fair, timely, and impartial investigation of complaints concerning the foster parent's licensure.

  26. 0:19:19

    We don't license foster parents in the state of Georgia. Um, and so this is really addressing that. The, the amendment is saying the right to be provided a fair, timely, and impartial investigation of complaints concerning the approval status of the foster parent's home. Um, so your home is opened, but it's not licensed by the state. It's an approved home by the state. So that's what we're addressing here. So, um, when it talks about, um, licensure, um, that's really the, the changes, um, related to that. That was brought to me by DFCS, and I appreciate their, their help in that.

  27. 0:19:50

    I got a little bit more specifically on that 'cause there's more than that one licensure change, but th- that's the intent, um, of it, um, when we talk about licensing parameters. So decisions that affect licensing parameters, which is in the, the substitute, the amendment strikes that out and says the approval status of the foster home, again, because we don't license, um, foster parents. Um, and then you say review and the right of decisions concerning a licensing corrective action plan.

  28. 0:20:22

    We changed that to say foster home corrective action plan. Um, and then specifically explain as cited to the licensing foster home standards violated. We changed that to, um, we strike out the licensing to say foster home standards violated. So again, it's just related to since we don't have licensing. And again, that's brought to me by DFCS, and I, I appreciate their help on that. All right. Thank you so much. Um, you do have a question. Representative Taylor, please go ahead with your question. Thank you, Madam Chair, and thank you, Representative. I appreciate you bringing this bill, and I also appreciate you serving as a foster parent.

  29. 0:20:55

    And we know right now that foster care, it's a whole lot going on in the foster care. And I have been working in my district a lot with this because we're having a lot of concerns in trying to find foster parents- Sure ... trying to keep them trained, and I've even been speaking most recently at their workshop that you have to go to every so often. And what I'm hearing- The impact training or something different? The impact training. Okay. Yes. And so I, I'm hearing that you're, you're, you're, you're dealing with the complaints against the foster care homes.

  30. 0:21:26

    But I'm hearing a lot of complaints from the, uh, natural parents, if you will- Sure ... that are coming from outside, even with the youth that are disturbed, that are having some behavioral problems. I wanna know, this bill does not address anything that provides some type of assistance for the foster care parents against these allegations that are coming from the outside. So this is the Foster Care Parents, Foster Parents Bill of Rights. So if you're a foster parent, what I didn't understand is you're saying it's, it's not the parents who had their child removed, it's the par- it's the foster parents that you're, that you're referring to?

  31. 0:21:59

    No, no, no, no. I'm saying that a lot of times f- the parents will still have the right to see their children when they're in foster care. They do. That's right. So for a scenario, um, the child goes to visit the parents and then tell the parents, "Well, the foster parent pinched me," or, "She burned me with, you know, a lighter." Right. And then there's an investigation. Yes. And there's nothing that, in this bill that actually kind of prot- gives protection or guidance for the foster parents in that scenario. There is actually. So it's related. When you get a, when you have, um- Yes. When there is a complaint against you, this, this bill does address that.

  32. 0:22:31

    It gives you, one, it gives you an advocate to help you through the process, um- Is that the line, um, 25, 145? Is, is that what you're ... Maybe I'm reading it wrong. The right to be free from retaliation or discrimination based upon the filing of any complaint or request- So no, that's a, that's a complaint as a foster parent, you're complaining to DFCS about something DFCS did. "Hey, DFCS-" Oh, okay. Okay ... "I didn't get something I needed." Um, no, it's actually ... Give me a moment. I'm sorry. Good question. Uh-

  33. 0:23:06

    Line 145, the right to be free from retaliation. I think you- One 40- Is that not what you mean? I'm s- are you going to line 145, you said? That's for filing a grievance or complaint- Yes, that's, no, that's actually, no, that's not it ... with DFCS. As a foster parent, though, this is about, um, this is about having, being, being, basically being able to be protected a little bit from, um, an investigation. So it's really the, the part we're changing. The right to be provided a fair, timely and impartial investigation complaining, complaints concerning foster parents, if we do this, the amendment, uh, foster home.

  34. 0:23:39

    So it's really starting in line 130, um, through 138, the exact thing we just changed. Uh, as well as 139, where you get the right to have a certified volunteer advocate present at all the meetings with the department to help you along the process. You're not alone. If you get a complaint against you, um, you have a, you have an advocate there. Um- Now, does- Today, my understanding is that you don't ha- necessarily have an advocate at the administrative hearings because sometimes the foster, uh, the foster child's information is private, and so they- Right. Right ... they, it's only between really you ... Y- you're kind of alone in the process. This would give you a, a certified advocate to be there along the process with you.

  35. 0:24:12

    So advocate does not mean an a, a bondsman, someone to mediate, 'cause a lot of these foster parents, they can't afford to get an attorney. Right. And I understand that there are a lot of a- allegations that are floating out there, and they, and it just crushes to some of these parents. So I just, I would like to have seen ... I'll read this again. I'll read it again and make sure because I've just, I just noticed that we weren't, we didn't have a lot of elaboration on protecting the foster parents- Yeah ... from those type of allegations. But thank you so much for answering. I appreciate the question. I do think we have a good, we have one, line 130 through 144 specifically to that.

  36. 0:24:45

    So you know, uh, right to request certified volunteer advocate be present at all meetings with the department where the foster parent is present, including but not limited to individual treatment and service planning, administrative hearings, the grievance and mediation process, the adoption process, any meetings related to an allegation process. So it, it does address that. Maybe it doesn't address it as strongly as you wish we could, and I'm, you know, I'm happy to, uh, to talk about that. But, um, but it is addressed slightly. Thank you. Thank you. And Representative Taylor, I will say we do have representatives from DFCS here.

  37. 0:25:17

    So you may want to catch up with them after and, um, and determine if you might want to, um, get some legislation going, okay? All right. Thank you. Thank you. Um, Representative Santos. Thank you, Madam Chair. Thank you, Representative Gullett. Is there an independent body to review the complaints, or do the caregivers have to report violations to the same agency that's been accused of wrongdoing? Yeah, so I think there is an independent body today where you can complain about DFCS that's not part of DFCS.

  38. 0:25:49

    Um, I don't remember if that's called the office of, like, um, where the, the, the Office of Child Advocate. I think that's the office. I do know there's, there's a place that you can complain about DFCS, that they work through. They are an independent body, um, who helps DFCS address their issues. Thank you. Mm-hmm. Okay. All right. Thank you. All right. Right, right now it doesn't appear we have any further questions. Um, we do have someone from DFCS, um, former Representative Regina Quick. Would you like to come up and speak for a moment on, against the bill or for the bill?

  39. 0:26:23

    To the bill, Madam Chair. To the bill. Well, that's even better. You're welcome to go over to the podium if you'd like. And Represent- or Chairman Gullett, if you wanna stay tight, you can. Sure. I will. Yeah. Thank you. Great. Thank you.

  40. 0:26:40

    Thank you again, Madam Chair. And, and to, uh, Chairman Gullett, uh, he and I met this morning to, uh, sort of review, um, discussions that had been had with Chairman Ballinger last year and, uh, Representative Wiedower last year about the things I'm going to mention. I haven't seen the language about, that he's now changed about the licensure section. So I imagine he and I will have continuing discussions perhaps as, as the bill moves, if it moves.

  41. 0:27:11

    And I would anticipate it to move. But- Let me give you the- That's all right.

  42. 0:27:19

    And to those of you who haven't met, I am Regina Quick, and I serve as General Counsel and Deputy Commissioner at the Department of Human Services, which includes, uh, the, the, the Division of Family and Children Services. Um, I'll, I'll point out a couple of things about the bill. In, in section one, um, this provision in section one is necessary because in Title 49, there are confidentiality provisions, meaning, uh, the information about child abuse and neglect is already not subject to open records request, but there's a separate confidentiality statute that provides some exceptions to the confidential nature of the information.

  43. 0:28:03

    And so there has to be a specific exception, as, as is provided here, in order for the agency to be able to share confidential information. And I point this out first because, one, it's in section one, but also if you look at page six on my version, lines 139 through 144

  44. 0:28:29

    I would ask that you consider that if this certified volunteer advocate, if you anticipate and, and desire that the volunteer advocate be in meetings where confidential information is expected to be discussed or disclosed, that there may also need to be an exception for that advocate as well as your new definition here that you're creating, and I'll get to the new definition here in just a moment. Um, but that, um, that is just one thing that might frustrate your legislative intent in those meetings and in that information-sharing, uh, posture.

  45. 0:29:09

    Um, w- one of the things I discussed with, uh, Chairman Gullett this morning, and, uh, may or may not be why the bill didn't move, uh, to vote before the committee last year, I don't know, but defining foster parent is risky. And he asked me this morning, "How would you solve that?" Told him I would try to think about that, but I really think what, what, what this bill seeks to do is to put foster placements, other foster placements who may not be classified as foster parents, to give them protection under this bill of rights.

  46. 0:29:49

    And so if, if, if he asked me that again this afternoon, I would say perhaps your definition should be foster placement and fos- the wording foster placements. And that is especially critical because we, we do have, um, foster parents, uh, protected under the State Tort Claims Act as employees of the state, and foster parent has a very specific meaning. Those are, those are individuals who have been trained and recruited and are supervised by the department, by the state, uh, or s- or, uh, uh, recruited and approved by us or recruited by one of our child placing agencies, one of our contractors.

  47. 0:30:38

    So the, the word, the word matters in terms of, uh, those words matter in terms of, uh, other legal context. So I would just ask the committee's consideration perhaps, and I'm, I'll, if it moves forward today, I'll be continuing to ask Chairman Gullett to consider perhaps not making a new, um, definition of foster parent out of whole cloth here, but to just simply a- uh, extend the protections of this measure to foster placements.

  48. 0:31:10

    All right. Thank you so much.

  49. 0:31:12

    Thank you.

  50. 0:31:12

    Um, are you willing to answer a question? I believe we've got, um, a representative that would like, a couple of representatives would like to ask-

  51. 0:31:17

    Always dangerous. Yes, ma'am. I will.

  52. 0:31:19

    Well, thank you for your willingness to, to venture out. All right. Um, Chairman Werkheiser.

  53. 0:31:24

    Thank you. And Ms. Quick, thank you for your service to the state in several roles. You're always one of the people I look to to ask the question. Um, would it not, instead of trying to go through the bill and change foster parent to foster placement, on line 22, could we, would that be a fix, foster parent means foster parents, comma, foster placements, and then all the reg- the additional fictive kin and all the others?

  54. 0:31:55

    Would that fix that?

  55. 0:31:57

    I, I don't, uh, I don't know that that would because again, you're defining foster parent here.

  56. 0:32:02

    Okay.

  57. 0:32:02

    And there could, could be some confusion, um-

  58. 0:32:07

    Okay

  59. 0:32:07

    ... uh, purposeful or not, if there's litigation, it might be purposeful confusion if somebody raises it, but, um, it's the, s- these identified categories are not all foster parents.

  60. 0:32:22

    All right. All right. Thank you. And, um, Representative Oliver, I believe you're next.

  61. 0:32:28

    I apologize for not listening closely enough. Are you saying that this definition puts the foster care parents in an employee status that would be covered by Georgia Tort Claims? You're not saying that?

  62. 0:32:42

    No, ma'am, I, I'm not saying that. I'm saying that it will create confusion because foster parent is in the State Tort Claims Act an employee of the state for state-

  63. 0:32:55

    So you're okay with that inference or that legal determination that they're employees, and you're thinking that this takes it out of the employee statute arguably? Is that what you're saying?

  64. 0:33:04

    No, I, I, I think that someone could then potentially argue that it extends that, uh, immunity waiver to a category of individuals not contemplated.

  65. 0:33:17

    Who, who are you talking about there? You're talking about the advocate? Who are you talking about?

  66. 0:33:21

    Who- I'm talking about people who sue the state.

  67. 0:33:24

    No, I'm talking about the category expanded to-

  68. 0:33:26

    Yes, ma'am

  69. 0:33:26

    ... beyond the family.

  70. 0:33:27

    Relative caregivers are not necessarily foster parents. Fictive kin are not foster parents.

  71. 0:33:37

    They may be a approved placement without having the training and the status-

  72. 0:33:43

    Yes, ma'am

  73. 0:33:43

    ... of foster care parents. That's the distinction.

  74. 0:33:45

    Yes, ma'am.

  75. 0:33:47

    Okay. So you don't want relative caregivers to be covered by the Georgia Tort Claims Act? That's what your purpose is here.

  76. 0:33:57

    N- no, ma'am, I think that that's already been in, in ... Well, let me just pull the statute for you.

  77. 0:34:03

    The foster care parent is covered by the Tort Claim, but the, y- you're suggesting the fictive kin or the relative caregiver is not.

  78. 0:34:10

    Th- they are not by, in that statute. They are not in that statute.

  79. 0:34:14

    But-

  80. 0:34:14

    But it creates confusion when you start classifying and defining a foster parent in this way for someone who is not a foster parent.

  81. 0:34:23

    If I did not want a relative caregiver who is an unlicensed, hasn't gone to the training, and is there, the relative caregiver is a value to our state-

  82. 0:34:32

    Yes, ma'am

  83. 0:34:33

    ... and to the child.

  84. 0:34:33

    Absolutely.

  85. 0:34:33

    It's a high value. So we want to-

  86. 0:34:36

    We don't want to create any obsta- obstacle. Do you agree with me on that? Yes, ma'am. Okay. So what would be the fix in your mind to remove any possible confusion? To refer to this new category as fo- a foster placement.

  87. 0:34:57

    The Foster Placement Bill of Rights. So, so it would be relative placement, fictive kin placement, is that the, the language you want to add on line 22? On line 22, it would be replacing foster parent with foster placement wherever else it appears. But it, it, but then you say it includes foster parents, relative caregivers, so. Yes, ma'am. By definition then, the definition would include all those other caregivers who are important, but who are not licensed foster parents, because we don't license foster parents, who are not supervised- Trained and certified.

  88. 0:35:39

    Pardon me? They're, they're not trained to reach the category in which they'll get a per diem at the higher rate for being a foster care parent who's been certified. Is that the word you use for a par- a foster care parent who's completed all the training? Approved is what I understand the terminology is- Okay ... in the department. Okay. I'll, I'll be corrected, I'm sure- That's what I heard ... before I walk back to the office if that's wrong. Okay. But I believe it's approved foster parent. Because we, we approve foster parents who are recruited by child placing agencies.

  89. 0:36:14

    They're not recruited by DFCS, but we do approve those foster parents and have to approve them. And the reason that matters is that the approved foster parent gets a higher per diem than the fictive kren- kin who has not been approved. This is about a per diem reimbursement that really cl- changes the categories. You, you may be correct. I'm not focused as much on the, uh, budgetary issues. You may be absolutely right about that. But I am focused on the creation of this definition of foster parent that has liability implications for the state.

  90. 0:36:56

    All right. Thank you so much, Representative Oliver. Um, just we've got a few more questions, but I just want to pause there for just one second. Uh, Representative Gullett, do you have an issue with the language change to foster care placement or is that something you need to digest a little bit? I don't think that- Oh, sorry. It would help if I turned it on. There you go. You're good. I don't think that I have a, an issue with that, if that's the, if, if it's the, the full body's thought of the committee.

  91. 0:37:27

    Um, really we're trying to get the, the people who are taking care of the kids the ability to, to take care of the kids well. And so if that, the wording doesn't matter to me as long as the people are included into it, I guess is the reality of it. So if, um, Representative Oliver, Oliver thinks this is a good idea as well, then I kind of re- you know, I, you know, I would defer to the committee, uh, and her lead especially since she's done so much work in the juvenile space.

  92. 0:37:57

    But if she believes in keeping it parents, we'll digest it and I can change it later as well. Okay. If that makes sense later or, you know. All right. And I believe legislative council, you were requesting this to be submitted in writing to you. Is that correct? Yes. I, I just had a clari- a, a question about the clarity in the language. All right. I think I've got you on. Go r- go ahead. Chairman and Ms. Clinkscales, are you, so is it that foster placement can encompass foster parents, relative caregivers, and fictive kin, but foster parents cannot be relative caregivers and fictive kin?

  93. 0:38:34

    So are you saying that foster parents, relative kin, I mean, relative caregivers and fictive kin can be foster placements, but relative caregivers and fictive kin cannot be classified as foster parents? Just for clarity in the language. Th- they, they would, they would have to go through the process of being approved by the department to be foster parents. So the distinction in the language is that a foster placement can encompass a foster parent- Yes ... and a relative caregiver and fictive kin.

  94. 0:39:06

    Yes. But a foster parent in, in, in the current classification cannot be a relative caregiver or a fictive kin. It, it could be, but would not necessarily be. They would have to go through the process. Yes, ma'am. Thank you. Does that clarify? Yes. Wonderful. Wonderful. All right. Um, we do have ... Thank you. Um, we have another question if you're willing to, to bear with us for a moment. Um, Vice Chairman Jenkins, go ahead with your question. I think you got it, but just for the sake of being thorough, uh, fictive kin on section two, you know, you refer to a code section that defines fictive kin, and then on four you re- you, you've referred to another code section as a reas- reasonable and pru- prudent parent standard.

  95. 0:39:51

    Do we need to take foster parent a- and refer to a code section so that we don't risk putting a second definition out for something that's already defined, and then create another line for these other things that we are talking about here and separate them? Is that what we're talking about or am I- I think we did that on the first line 12, foster parents, the same meaning as 49-5-201. Oh, okay. So it's cleanup to, to make sure it's in sync at least in title 49. Um, I'm not sure foster care, foster parents somewhere else in the title but or somewhere else in the code, but- Okay ...

  96. 0:40:22

    title 49 should be aligned. That, that would, in title 49, that's necessary because it uses only the word foster parent in terms of the exception to the confidentiality rule. And so that would be, s- new subsection H would be necessary in order for us to share, uh, confidential information with a relative caregiver or fictive kin who might not be a foster parent.

  97. 0:40:49

    So that's the way that operates. All right. And Deputy Director, while we still have you up there, um, you mentioned the certified volunteer advocate being allowed to, um, have access to potentially confidential information. Yes. Do you have any verbiage that would clarify this? I'll, I'll defer to Ms. Carter, but I think the verbiage would either be in addition to subsection H there or a new subsection as well to that, uh, subsection you're utilizing in, uh, title 49 in section one.

  98. 0:41:26

    All right. Do you have any questions, legislative council down there? Not at this time. Not at this time. Okay. All right. Um, Chairman Gullett, are you okay with that amendment? I am. Yeah, I think that's a good, good amendment. All right. And that's why we all come to committee meetings to perfect bills, right? That's right. All right. Well, thank you everyone for being here today for that. Um,

  99. 0:41:50

    would you ... I'm ready for a motion if someone would like to make one. Okay. Uh, before we do that, just wanna say as a ...

  100. 0:42:02

    I've got nine kids, and two of them are foster, so we've, our entire family has experienced the roller coaster of foster kids coming, seeing them improved, and then seeing them go back into situations we know that, uh, are quite difficult. And then we experienced the joy of, uh, two of those. They decided to do the same route you did to adopt, and, and they were not as fortunate as you. They were, like, seven and eight when they were adopted, so they're three years older and still dealing with that.

  101. 0:42:38

    So with that said, I'd like to make, make a motion do pass. Second. All right. We got a lot of fe- I'm lo- okay, this is great. We've got a motion and a second. Um, any discussion?

  102. 0:42:51

    All right. There's not any discussion on the specific bill. We do have an amendment. Um, would someone like to make a motion regarding the amendment that's before us right now? I move that to accept the amendment LC48 1686S that's set forth in the 520 as well to replace line 130 to 138 with the substitute, that language set forth in the amendment. All right. We have a motion. Do we have a second to accept the amendment? Second. Second, Representative Taylor.

  103. 0:43:23

    All right. A motion. We have any discussion involving, we have any discussion mo- involving the amendment moving forward? I, I think I would ask- All right. We do. Um, Vice Chair Jenkins, go ahead. What are we doing with our discussion regarding line 22 in that? Are we going to try to fix that as well, or are we gonna ... What are we doing with that, or, or is that gonna stay? Well, let's go ahead and vote on the motion for the amendment, and then we'll come back to line 122. For a second amendment. For a second amendment.

  104. 0:43:53

    All right. All right. All right. All in favor- Can, can I ask, can I add one thing? Of course. This wasn't vetted by legislative council, so I would just ask that we just put on the record that she has a little bit of grace and, like, if I missed a the or something there, she's, the, the, the process is, um, you know, close. I, I, I did, I wrote it best I could. Again, this wasn't vetted by her, so if there's a change, maybe she's had time to read it, but, um, just get the intent there. I, I think we're all in agreement on the intent.

  105. 0:44:24

    Okay. And this is not the last committee it will go through. It will also go through rules. Yeah, that's right. So, um, if, if it is successful today. Okay. Um, are, are you good with us moving forward thus far? I have no objections. Okay. All right. Well, it's the will of the committee, so we'll go forward with that. All right, so all those in favor for the proposed amendment to HB 256, um, LC48 1686S as in Sam. All in favor say aye.

  106. 0:44:54

    Aye. Any opposed? Okay, no opposed. Amendment passes. All right, going back to the original motion to, um, pass the bill. Is there any discussion? Forthright, I believe, uh, Vice Chair Jenkins, you had some questions. Well, I'll be honest with you, I don't really know that I have the situational awareness to offer a solution to what we talked about with 22. But if we're, you know, I would certainly entertain some sort of ...

  107. 0:45:25

    I- if, if that needs to be clarified, uh, that definition or whatever, I'd certainly entertain some verbiage to do that. Or if you, if the sponsor's good with it, we'll move it like it is, and, and if it needs to be fixed, it can be fixed elsewhere.

  108. 0:45:42

    I think there's not a lot of desire. Like, people are kind of stuck. So I will say please give me input along the process if we want to amend it later because we think that's the right thing, we'll do that. Um, I would like to amend the, I would like to add the advocate, um, certified advocate as part of, um, section one if, uh, if the committee thinks that's appropriate. I do think that's a key, a key component. Can you offer? I, I'm a member of the committee. I can o- I can offer it. I mean, do you think Representative she offered .

  109. 0:46:16

    Wh- I think what she would say is we would go with, um ... I'm not sure if we have an I in that, section one. Let me see if we have an I. I think we would, we would create an I. So it'd be parenthesis I. As used in this code section, the term certified volunteer advocate shall have the same meaning ... Well, I'm not sure. Um, maybe put a comma, term foster parent. Yeah, I don't know exactly.

  110. 0:46:46

    Chairman Gullett? Legislative council maybe has some ideas. I was gonna say, do we want to phone a friend and ask Deputy Director Quick to come back up? Does you have a suggestive verbiage for that?

  111. 0:47:05

    I'm looking at Ms. Carter also, uh, on this, but you can't use the same verbiage because foster parent is already in that code section. That's why it's worded that way. You would have to add that, uh, the, the certified advocate has access basically. You, you can't just clarify that the foster parent now means everyone there. So, I'll defer to Ms. Carter on the language of a subsection, or we can continue to work as it moves to rules, which, uh, probably Chairman Gullett hadn't heard the last of me in terms of trying to talk him into something.

  112. 0:47:43

    I don't have any amended language right now. Um, I think there, I need a little time to massage the language to fit the intent of the author and the suggestions here. I'm, I c- I'm not able to do that right now.

  113. 0:47:55

    All right. All right, so we do have a, we do have a motion due pass, and we've really hammered a lot out today, but it sounds like we're possibly at a stopping point for legislative council to catch back up with all the changes that were made. Um, would you be willing to come back and present this bill again?

  114. 0:48:12

    Of course, yeah.

  115. 0:48:15

    All right, so I'm gonna need a motion to table.

  116. 0:48:17

    So moved.

  117. 0:48:18

    Second.

  118. 0:48:19

    All right, we have a motion to table and a second. So, um, thank you for being here today. I feel this was very productive. I certainly appreciate all of the input from the committee and legislative council, Deputy D- Director Quick, thank you, and of course, thank you, Chairman Gullett. Uh, we will take this measure up at our next meeting if it's available to discuss again, okay?

  119. 0:48:39

    Thank you so much.

  120. 0:48:40

    All right, thank you. Thank you for being here. Our meeting is adjourned.

  121. 0:48:43

    Are we still gonna make sure it's right before the next meeting?

  122. 0:48:53

    Yeah, same.

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