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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 awaits consideration by the House Health and Human Services Committee.
HB 272 was introduced by Representative Tom Weldon (R-Ringgold) on February 17, 2011. This bill would amend O.C.G.A. 15-11-21 to eliminate the option for cases heard before an associate judge in juvenile court to be reheard before a full juvenile court judge. HB 272 received a favorable recommendation from the Senate Judiciary Committee on Thursday, March 24, 2011 but never received a vote in the full Senate. It has been recommitted to the Senate Judiciary Committee.
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 6-8 and 8-10 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 awaits consideration by the House Education Committee.
HB 267 was introduced by Representative Sheila Jones (D-Smyrna) on February 17, 2011. This bill would add a new code section to O.C.G.A. Title 20, Chapter 2 to require the Department of Education to develop a comprehensive strategy to inform children in grades 4-12 about the dangers of "sexting," or sending explicit images via text message. HB 267 awaits consideration by the House Education Committee on March 11, 2011.
HB 471 was introduced by Representative Wendell Willard (R-Sandy Springs) on March 7, 2011. This bill would amend O.C.G.A. 15-11-46.1 to require that an objective, written assessment instrument be used to determine whether detention of a child in a Regional Youth Detention Center or alternate out-of-home setting is appropriate for a child who has been arrested. The bill also clarifies that keeping a child in secure detention prior to adjudication and disposition should be done rarely, and only if less restrictive options have been determined to be inappropriate. HB 471 awaits consideration by the House Non-Civil Judiciary Committee.
HB 529 was introduced by Representative Donna Sheldon (R-Dacula) on March 11, 2011. This bill would amend O.C.G.A. 19-7-5 to expand the professionals required to report child abuse or neglect to include reproductive health clinics. HB 529 awaits consideration by the House Non-Civil Judiciary Committee.
HB 633 was introduced by Representative Mary Margaret Oliver (D-Decatur) on April 11, 2011. This bill would add a new O.C.G.A. 19-7-7 to require the Department of Human Services to establish a state-wide, centralized child abuse reporting system that includes a toll-free number and an Internet-based reporting option. The system would be accessible 24 hours a day, 365 days a year for the general public to access for the purpose of making a child abuse report, but would not be used for mandatory child abuse reporters. HB 633 awaits consideration by the House Civil Judiciary Committee.
HB 676 was introduced by Representative Ben Harbin (R-Evans) on January 13, 2012. This bill would amend O.C.G.A. 17-3-1 and 17-3-2.1 to eliminate the statute of limitations on sexual crimes committed against a child under the age of 16, so that these prosecutions could be brought at any time, no matter how long after the alleged crime was committed. HB 676 has been assigned to the House Non-Civil Judiciary Committee.
HB 711 was introduced by Representative Edward Lindsey (R-Atlanta) on January 11, 2012. This bill would amend O.C.G.A. 24-5-503 to expand the circumstances in which a person can be forced to testify against his or her spouse. Specifically, in cases where one spouse is accused of a crime against a child, the testifying spouse could be compelled to give any evidence relevant to the case. Additionally, if a spouse is accused of a crime against the other spouse, such as domestic violence, the victim spouse could be compelled to give testimony. Additionally, the bill would create a new privilege, protecting communications between a victims and an advocate at a family violence, sexual assault, or rape crisis program. HB 711 has been assigned to the House Civil Judiciary 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 awaits consideration by 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 awaits consideration by 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. The bill states that only the child, not the parent, can waive the privilege. SB 31 was passed by the Senate on February 23, 2011, received a favorable recommendation from the House Civil Judiciary Committee on Wednesday, March 30, 2011, but never received a vote in the full House. It has been recommitted to the House Civil 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 awaits consideration by the Senate Education and Youth Committee.
SB 46 was introduced by Senator Gloria Butler (D-Stone Mountain) on February 7, 2011. This bill would amend O.C.G.A. 20-2-143 to require that the sex education curriculum from students in grades 7 through 12 include information on dating violence, including warning signs, prevention, and resources for victims. SB 46 awaits consideration by 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 received a favorable recommendation from Senate Education and Youth Committee but did not receive a vote in the full Senate. It has been recommitted to the Senate Education and Youth Committee.
SB 105 was introduced by Senator Emanuel Jones (D-Decatur) on February 17, 2011. This bill would require the Commissioner of the Department of Juvenile Justice to create 3-member juvenile parole panels to review and, where appropriate, grant parole petitions relating to children committed to the Department as the result of an adjudication of delinquency for a designated felony. The petition for parole may be brought by either the child or the Department, requires a recommendation by a Department counselor or placement supervisor, and may not be brought until after the child has been in the Department's custody for at least a year. SB 105 awaits consideration by the Senate Judiciary Committee.
SB 127, the Child Protection and Public Safety Act, was introduced by Senator Bill Hamrick (R-Carrollton) on February 23, 2011. This bill is a comprehensive revision of O.C.G.A. Title 15, Chapter 11, Georgia's juvenile code. It reorganizes the code for ease of understanding and application, modernizes substantive provisions to reflect advances in research and practice, and brings Georgia into full compliance with federal laws applicable to juvenile court proceedings. SB 127 awaits consideration by the Senate Judiciary Committee. A companion bill, HB 641, was introduced by Representative Wendell Willard (R-Sandy Springs) on April 12, 2011, and awaits consideration by the House Civil Judiciary Committee.
SB 164 was introduced by Senator Joshua McKoon (R-Columbus) on February 28, 2011. This bill would amend O.C.G.A. 19-7-5 to expand the professionals required to report child abuse or neglect to include commercial film developers and picture processors, reproductive health clinics, emergency medical technicians and paramedics, and physical therapists. SB 164 awaits consideration by the Senate Judiciary Committee.
SB 208, the Dropout Deterrent Act, was introduced by Senator Vincent Fort (D-Atlanta) on March 4, 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, and to allow the parent of a 16 year old to sign a waiver allowing the child to go to technical school or community college rather than a traditional public school. SB 208 awaits consideration by the Senate Education and Youth Committee.
SB 224 was introduced by Senator Emanuel Jones (D-Decatur) on March 7, 2011. This bill would amend O.C.G.A. 15-11-28 to limit the cases where children aged 13 or older would be automatically tried for aggravated child molestation in superior court rather than juvenile court to those where the victim is physically injured. SB 224 awaits consideration by the Senate Judiciary Committee.
SB 247 was introduced by Senator Jesse Stone (R-Waynesboro) on March 10, 2011. This bill would amend O.C.G.A. 19-8-3 to allow a judge presiding over an adoption of a child by a single person who is living with adult who would be a regular presence in the child's life to consider the nature of that relationship and whether it would be harmful or beneficial to the child in granting or denying the adoption. SB 247 awaits consideration by the Senate Special Judiciary Committee.
A number of new bills would create new requirements for people receiving or applying to receive public assistance. While not directly related to juvenile court, these bills could have substantial impact on the families served by juvenile courts because of the high rates of poverty and substance abuse these families face. These bills are:
- HB 646, introduced on March 4, 2011 by Representative Michael Harden (R-Toccoa), would require adult recipients of state or state-administered federal public assistance to submit to random drug testing, at their own expense, one per year. Refusal to comply or failure of the drug test would make the person ineligible for benefits for 2 years.
- HB 668, introduced on January 10, 2012 by Representative Jason Spencer (R-Woodbine), would require all applicants for Temporary Assistance for Needy Families (TANF) to be drug tested at their own expense as a condition of eligibility for benefits. The bill states that the eligibility of the children of a parent who tests positive would not be affected, but an alternate payee would be identified.
- SB 292, introduced on January 11, 2012 by Senator John Albers (R-Roswell), mirrors the provisions of HB 668.
- HB 697, introduced on January 10, 2012 by Representative Ron Stephens (R-Savannah), would require all recipients of unemployment benefits to submit to random drug testing, the cost of which would be deducted from their benefits. Those who test positive would be ineligible for benefits for up to two years.
- HB 698, introduced on January 10, 2012 by Representative Ron Stephens (R-Savannah), would require all recipients of state-administered federal public assistance to submit to random drug testing. The recipient would be required to pay for up to one test per year.
- HB 699, introduced on January 10, 2012 by Representative Ron Stephens (R-Savannah), would require all recipients of state public assistance or state-administered federal public assistance to submit to random drug testing. A person who tests positive would be ineligible for benefits for a year. The bill states that a dependent child's eligibility for assistance would not be affected by a parent's positive test.
All of the House public assistance bills have been assigned to the House Civil Judiciary Committee. SB 292 has been assigned to the Senate Health and Human Services Committee. |
