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Barton Child Law and Policy Center Newsletter
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Dear Child Advocates, this update contains:
Georgia Capitol Update
Bills of Interest to Child Advocates
Next Georgia Child Welfare Legal Academy February 15
Follow Us on Twitter!
 
Georgia Capitol Update

Last week the General Assembly met for three legislative days.  Highlights of the week include:

  • The House completed its consideration of the amended budget for FY 2011.  The 2011 supplemental budget passed out of appropriations on Wednesday, February 9, and was approved by the full House on Thursday, February 10.  The 2011 budget now moves to the Senate for consideration.
  • The Crosby Subcommittee of the Senate Judiciary Committee considered SB 31 related to attorney-client privilege in cases involving offenses committed by children (see description below).  Senator Carter presented a substitute that clarifies that only the child, not the parent, can waive the privilege.  The Subcommittee agreed to give a favorable recommendation of the bill, pending addition of a definition for the term "parent."  The bill now awaits consideration by the full Judiciary Committee.

This week the General Assembly will be meeting Tuesday, Wednesday, and Thursday.  Some meetings and events of interest to child advocates this week include:

  • The Georgia Child Advocacy Network (Georgia CAN) will meet Tuesday, February 15 at 10:30 in room 310 of the Coverdell Legislative Office Building.
  • The Setzler Subcommittee of the House Non-Civil Judiciary Committee will consider HB 185, the Runaway Youth Safety Act (see description below), on Tuesday, February 15, at 1pm in room 132 of the Capitol.
  • The House Children and Youth Committee will meet Tuesday, February 15 at 2pm in room 403 of the Capitol. The Committee will hear a presentation from Commissioner Frank Shelp of the Department of Behavioral Health and Developmental Disabilities on children's mental health issues.
  • The Ramsey Subcommittee of the House Non-Civil Judiciary Committee will consider HB 200, relating to human trafficking, including sex trafficking of children (see description below), on Wednesday, February 16, at 2pm in room 132 of the Capitol.

Please note that information on meetings and legislative hearings is current as of Saturday, February 12, 2011.  Hearing times change frequently during the session, so you may want to check the Georgia General Assembly or other organizations' web sites for the any changes. 

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Bills of Interest to Child Advocates

 

HB 23, the Foster Children's Psychotropic Medication Monitoring Act, was introduced by Representative Mary Margaret Oliver (D-Decatur) on January 24, 2011. This bill requires the Department of Human Services to create procedures to ensure that the psychotropic medication administered to children in foster care is appropriate, delivered with informed consent of the parent and the child if the child is 14 or over, and is monitored for side effects and continued efficacy.  The bill would also require the Department of Human Services to keep records of the medications and other therapies received or recommended for a child. HB 23 has been referred to the House Health and Human Services Committee.

 

HB 65 was introduced by Representative Tom McCall (R-Elberton) on January 26, 2011. This bill would amend O.C.G.A. 19-8-23 to expand the categories of people who can access adoption records and the information they can access.  Specifically, it would add the child or sibling of an adopted party to the parties of interest in an adoption who can access medical information on the adopted person or biological parents, and clarify that health history is part of the information they are entitled to access. HB 65 has been referred to the House Civil Judiciary Committee.

 

HB 185, the Runaway Youth Safety Act, was introduced by Representative Tom Weldon (R-Ringgold) on February 9, 2011.  This bill would amend O.C.G.A. 16-5-45 relating to interference with custody and O.C.G.A. 16-12-1 relating to contributing to the unruliness of a minor to provide a limited exception to misdemeanor liability for shelters providing services to runaway youth as long as they either contact a parent or make a child abuse report within the first 72 hours of contact with the child.  HB 185 has been referred to the Setzler Subcommittee of the House Judiciary Non-Civil Committee, and will be considered by the Subcommittee this Tuesday, February 15, at 1pm in room 132 of the Capitol.

 

HB 200 was introduced by Representative Edward Lindsey (R-Atlanta) on Febuary 10, 2011.  This  bill amends Georgia's anti-human trafficking law, which encompasses the commercial sexual exploitation of children, to: (1) clarify its offenses, (2) substantially increase penalties, (3) allow for forfeiture of property related to the crime, (4) provide that victim's sexual history, relation to the defendant, and ability to consent are not a defense to sex trafficking, (5) provide that a person will not be guilty of a prostitution-related crime if the act was committed while they were a human trafficking victim, (6) clarify that victims of human trafficking are eligible for victim's compensation, and (7) establish training for law enforcement on human trafficking issues, including appropriate treatment of victims.  The bill has been referred to the Ramsey Subcommittee of the House Judiciary Non-Civil Committee, and will be considered by the Subcommittee this Wednesday, February 16, at 2pm in room 132 of the Capitol.

 

HB 230 was introduced by Representative Ed Setzler (R-Acworth) on February 10, 2011.  This bill would add a new code section to Chapter 2 of Title 20 to require local boards of education to develop a curriculum to teach children in grades six through eight and eight through ten about the potential liability for committing certain offenses, with an emphasis on felonies for which they can be charged as adults and sexual offenses.  HB 230  was assigned to the House Education Committee.

 

HR 9 was introduced by Representative Roger Bruce (D-Atlanta) on February 1, 2011.  This resolution would create a joint study committee to look into the causes and effects of teen violence.  The joint study committee would be comprised of six appointed members and would issue a report including possible legislative recommendations by January 9, 2012.  HR 9 was referred to the House Children and Youth Committee.

 

SB 14 was introduced by Senator Lester Jackson (D-Savannah) on January 26, 2011.  This bill would amend O.C.G.A. 20-2-690.1 to raise the age through which children are required to be in school from 16 to 17 years of age.  SB 14 has been referred to the Senate Education and Youth Committee.

 

SB 31 was introduced by Senator Jason Carter (D-Decatur) on January 31, 2011.  This bill would expand the attorney-client privilege under O.C.G.A. 24-9-21 to cover parents' participation in private conversations with defense attorneys representing their children in delinquent or criminal cases. A substitute clarifies that only the child, not the parent, can waive the privilege.  SB 31 received a favorable recommendation, pending review of amended language, from the Crosby Subcommittee on Thursday, February 10,2011, and now awaits consideration by the full Senate Judiciary Committee.

 

SB 43 was introduced by Senator Donzella James (D-College Park) on February 7, 2011.  This bill would amend O.C.G.A. 20-2-690.1 to expand the range of ages during which children are required to be in school from 6 to 16 years of age to 5 to 17 years of age, and to create exceptions where the child is not eligible for enrollment, has completed a GED or high school certificate program, or is enrolled in another appropriate educational program.  SB 43 has been referred to the Senate Education and Youth Committee.

 

SB 49 was introduced by Senator John Albers (R-Roswell) on February 7, 2011.  This bill would amend O.C.G.A. 20-2-690.1 to raise the age through which children are required to be in school from 16 to 16.5 years of age. It would also amend O.C.G.A. 20-4-15 and 20-4-18 to reflect this change in age with respect to adult literacy and post secondary education programs. SB 49  has been referred to the Senate Education and Youth Committee.

 

SB 57 was introduced by Senator Steve Gooch (R-Dahlonega) on February 9, 2011.  A companion bill, HB 215 was introduced by Representative Paul Battles (R-Cartersville) on February 10, 2011.  These bills would add a new code section to Chapter 5 of Title 40 to prohibit people who have been convicted of crimes against children that would qualify them for registry as sex offenders from obtaining commercial driver's licenses for vehicles that transport 16 or more people.  SB 57  has been referred to the Senate Transportation Committee, and HB 215 has been referred to the House Motor Vehicles Committee.

 
Georgia Child Welfare Legal Academy This Week
 
 
Square-Peg Teens in Round-Hole Families & Facilities: Let's Stop The Insanity 

 

The next Georgia Child Welfare Legal Academy is scheduled for this Tuesday February 15, 2011 from 1:00 until 3:15 p.m. in the Tull Auditorium on the third floor of Gambrell Hall at Emory University School of Law.  Guest speaker Pat O'Brien of You Gotta Believe! will deliver a presentation entitled "Square-Peg Teens in Round-Hole Families & Facilities: Let's Stop the Insanity."  Mr. O'Brien will make the case that we must stop the practice of placing square-pegs in round-holes and recruit permanent square-peg parents for every square-peg teen due to be discharged from the foster care system.  Mr. O'Brien will also offer concrete ideas about how anyone who knows a teen in foster care can be instrumental in helping recruit a permanent parent for that teen before the teen's discharge from the foster care system.

Pat O'Brien is the Founder & Executive Director of You Gotta Believe! The Older Child Adoption & Permanency Movement, Inc. You Gotta Believe! is one of the few placement agencies in the country that limits its practice to finding permanent parents who will legally or morally adopt teens, pre-teens, or young adults in foster care.  Mr. O'Brien offers keynotes, trainings, workshops, and consulting across the country and also produces, and often hosts, You Gotta Believe!'s weekly cable access television show and radio forum.  Mr. O'Brien has his Master of Science degree in Social Work from Columbia University School of Social Work.   

 

Registration: Seating is limited. Advanced registration is strongly encouraged at www.regonline.com/square_peg_round_hole.  The registration fee for all participants is $10 and includes materials, parking in the hospital visitor parking deck, and light refreshments.  For registration information, contact Sherry McPeeks at 404.712.4643 or smcpeek@emory.edu.  

 

 

Follow us on Twitter

 

The Barton Center is twittering information relevant to child advocacy at the Capitol.  Follow us  at @bartoncenter at twitter.com to get up-to-the-minute information on topics such as:

  • Times, dates, and locations of advocacy meetings and legislative hearings;
  • Status of juvenile court-related legislation;
  • Action alerts for important pro-child initiatives; and
  • News and research on best practices for children's law.

Begin following us by clicking on the Twitter icon to the right!  Follow us on Twitter 

 

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