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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 22
ABA Roundtable on School Discipline on the Wake of Newtown
Follow Us on Twitter!
Georgia Capitol Update

Last week the General Assembly was in session for 5 legislative days.  Highlights of the week of February 11-15 include:

     
  • The Welch subcommittee of the House Juvenile Justice Committee heard testimony on HB 21, relating to post-adoption contact agreements, on Monday, February 11, 2013, but have not yet voted.     
  • The House Judiciary Committee held two hearings on the juvenile justice reform bill, HB 242, on February 13 and 14, 2013.   
  • The Senate Non-Civil Judiciary Committee favorably recommended a substitute version of SB 69, relating to the confidentiality of complaints made by children in Department of Juvenile Justice facilities, on Wednesday, February 13, 2013.  The revisions eliminate language making the complaints and investigations "state secrets," add provisions allowing a child's representative to access information with the child's consent and requiring the Commissioner to prepare annual public reports summarizing the number and general nature of complaints.    
  • The Setzler subcommittee of the House Non-Civil Judiciary Committee heard testimony and proposed amendments to HB 156, relating to sexual exploitation of children.  The proposed changes would lower penalties for teens who exchange sexually explicit pictures or text messages, a practice commonly known as "sexting."   

This week the General Assembly will be in session on Tuesday through Friday.  Some scheduled events of particular interest to child advocates include:

  • The House of Representatives will consider HB 182, relating to associate juvenile court judges, on Tuesday, February 19, 2013.  
  • The Senate Appropriations Committee will vote on the amended FY 2013 budget on Tuesday, February 19, 2013 at 9am in room 341 of the Capitol.  
  • The Georgia Child Advocacy Network will meet on Tuesday, February 19, 2013 at 10am in room 122 of the Capitol.
  • The House Civil Judiciary Committee will continue its consideration of HB 242, relating to juvenile justice reform, on Tuesday, February 19, 2013 at 2pm in room 132 of the Capitol.
  • The House Juvenile Justice Committee will meet on Wednesday, February 20, 2013 at 4:00pm in room 506 of the Coverdell Legislative Office Building. Bills currently on the agenda include HB 21, relating to post-adoption contact agreements, and HB 219, relating to vacation, modification and sealing of delinquency orders for commercially sexually exploited children.      

Please note that information on meetings and legislative schedule is current as of Monday, February 18, 2013.  Hearing times change frequently during the session, so you may want to check the Georgia General Assembly or other organizations' web sites for any changes. 

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Bills of Interest to Child Advocates

   

HB 21 was introduced by Representative Mary Margaret Oliver (D-Decatur) on January 15, 2013. This bill would add a new code section to O.C.G.A. Title 19, Chapter 8 to provide for agreements for ongoing contact between birth relatives and adoptive families. The child would be a party to the agreement, and if 14 years of age or older, would have to consent. In order to be enforceable, the agreement would have to be filed with the court within 30 days of the filing of the adoption petition.  HB 21 will be considered by the House Juvenile Justice Committee on Wednesday, February 20, 2013 at 4pm in room 506 of the Coverdell Legislative Office Building.    

  

HB 46 was introduced by Representative Billy Mitchell (D-Stone Mountain) on January 15, 2013.  This bill would amend O.C.G.A. Title 20, Chapter 1A to require child protective services records to be checked for all directors and employees of day care centers. Anyone with an unsatisfactory report would not be permitted to work at a day care center. HB 46 has been assigned to the House Judiciary Non-Civil Committee.    

  

HB 113 was introduced by Representative Rusty Kidd (I-Milledgeville) on January 29, 2013.  This bill would amend O.C.G.A. 35-3-37 to allow for the purging of convictions of children under 18 for driving under the influence of drugs or alcohol after 5 years, provided the incident did not cause any injury or property damage, the child does not have any criminal charges pending or have previous convictions for driving under the influence, and has not had other points assessed against his or her driver's license. HB 113 has been assigned to the House Non-Civil Judiciary Committee.

HB 141 was introduced by Representative Edward Lindsey (R-Atlanta) on January 30, 2013.  This bill would require the posting of the national human trafficking hotline number in businesses and facilities where human trafficking victims, including child victims of commercial sexual exploitation, are likely to be found. HB 141 has been assigned to the House Non-Civil Judiciary Committee. 

HB 156 was introduced by Representative Jay Neal on January 31, 2013.  This bill would amend O.C.G.A. 16-12-100.2 relating to electronic pornography and child exploitation prevention.  It would add a prohibition against using an electronic device to solicit or entice a relative or guardian of a child to commit or allow a sexual offense against the child. HB 156 has been assigned to the House Non-Civil Judiciary Committee.

HB 182 was introduced by Representative Tom Weldon (R-Ringgold) on February 4, 2013.  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. It would also amend O.C.G.A. 15-11-23 to allow a duly appointed associate judge to sit as a judge pro tempore in another judicial circuit. HB 182 received a favorable recommendation from the House Juvenile Justice Committee on February 7, 2013, and will be considered by the full House on Tuesday, February 19, 2013.

HB 219 was introduced by Representative Buzz Brockway (R-Lawrenceville) on February 6, 2013. This bill would amend O.C.G.A. 15-11-40 and 15-11-79.2 to allow child victims of commercial sexual exploitation to have delinquency adjudications for prostitution or related offenses vacated, modified, or sealed.  HB 219 will be considered by the House Juvenile Justice Committee on Wednesday, February 20, 2013 at 4pm in room 506 of the Coverdell Legislative Office Building.

HB 242 was introduced by Representative Wendell Willard (R-Sandy Springs) on February 8, 2013. This bill would reorganize, revise, and modernize O.C.G.A. Title 15, Chapter 11 and would enact the juvenile justice reform recommendations of the Governor's Special Council on Juvenile Justice Reform. A detailed summary of the contents of the bill can be found on the JUSTGeorgia website.  HB 242 will be considered by the House Judiciary Committee on Tuesday, February 19, 2013 at 2pm in room 132 of the Capitol.   

HB 326 was introduced by Representative Sandra Scott (D-Rex) on February 13, 2013.  This bill would amend O.C.G.A. Title 20, Chapter 2, relating to students with chronic school disciplinary issues.  It would amend provisions for school disciplinary and correction plans to allow parents' observation in the classroom as part of such a plan.  It would also allow courts to order parents to attend disciplinary conferences and to require the parents to perform up to 20 hours of volunteer service at the school if they fail to attend 2 or more conferences.  Further, it would add a new provision to state that if a parent misses two or more conferences relating to a child's failing grades, the family may be referred to DFCS for possible initiation of a deprivation case. HB 326 has been assigned to the House Education Committee.

HB 349 was introduced by Representative Rich Golick on February 14, 2013.  This bill contains the recommendations of the Governor's Special Council on Criminal Justice Reform for the adult criminal system. However, the bill contains a few provisions of interest to child advocates, including provisions that would make the Special Council on Criminal Justice Reform permanent, with juvenile court representation in its membership and a mandate to continue to review data and best practices and make recommendations.  It would also increase the age under which the child hearsay statute applies from age 14 to age 16. HB 349 has been assigned to the House Non-Civil Judiciary Committee.   

 

HR 2 was introduced by Representative Keisha Waites (D-Atlanta) on January 16, 2013.  This is a resolution to urge Congress to increase penalties for human trafficking, including the commercial sexual exploitation of children. HR 2 has been assigned to the House Judiciary Non-Civil Committee.       

  

SB 58 was introduced by Senator Donzella James (D-Atlanta) on January 17, 2013.  This bill would amend O.C.G.A. 40-6-391 relating to the offense of endangering a child by driving under the influence of drugs or alcohol.  It would raise the age range of child passengers endangered by the intoxicated driving from those under 14 to those under 16.  It would also provide for significant penalties of up to 15 years imprisonment, or up to 25 years imprisonment if the child passenger is killed as a result of the offense. SB 58 has been assigned to the Senate Public Safety Committee.   

  

SB 69 was introduced by Senator Jack Murphy (R-Cumming) on January 29, 2013.  This bill would add a new code section to O.C.G.A. Title 49, Chapter 4A to require complaints by children in juvenile justice facilities to be kept confidential, and may not be disclosed except upon the written request of the complaining child or his or her representative.  If an employee of the Department of Juvenile Justice makes an unauthorized disclosure, the employee would be suspended or fired.  The bill would also require the Commissioner to report at least annually on the number and general nature of complaints received. SB 69 received a favorable recommendation from the Senate Non-Civil Judiciary Committee on Wednesday, February 13, 2013, and now awaits consideration by the full Senate.   

 

SB 115 was introduced by Senator Lindsey Tippins (R-Marietta) on February 7, 2013.  This bill would amend O.C.G.A. 20-2-133 to require school performance data collected on children in the custody of the Department of Human Services, Department of Behavioral Health and Developmental Disabilities, or the Department of Juvenile Justice, except those in YDCs, to be accounted for in the performance data for the school where the child originally resided.  SB 115 has been assigned to the Senate Education and Youth Committee.         

 

SR 10 was introduced by Senator Donzella James (D-Atlanta) on January 15, 2013.  This is a resolution to urge Congress to require children to have identification to board domestic flights in order to protect children from being trafficked between states.  SR 10 has been assigned to the Senate Health and Human Services Committee.     

   

Next Georgia Child Welfare Legal Academy to Be Held Friday, February 22, 2013   

  
Young Brains and Education

  

On Friday, February 22, from 9:00-11am, at Emory Law School, Commissioner Bobby Cagle, Department of Early Care and Learning (DECAL) and Stephanie Blank, founding chair of the governing board of the Georgia Early Education Alliance for Ready Students (GEEARS) will present " Young Brains and Education: What is the return on investment for high quality child care?  What can you do to ensure high quality child care for court and agency involved children?"

 

The presentation will be streamed live via the internet and will also be archived.  On February 22, at 9am please see http://www.youtube.com/user/elsclasstech and click on "Young Brains" to view the presentation live.

 

Emory University School of Law will host the broadcast from Tull Auditorium which will also be open for attendance at no charge. 2.0 regular CLE credits for attorneys will be offered for $10, cash or check payable at the door.  To register to attend the live event, please follow this link:     

http://tinyurl.com/aspvll3 

 

In addition to the Barton Center, DECAL and GEEARS sponsorship, this event is also made possible by funding from the Community Foundation of Greater Atlanta and the Committee on Justice for Children.    Additional partners providing in kind assistance for this class so far include:  Casey Family Programs, Family Connection Partnership,  Georgia Appleseed Center for Law and Justice, Georgia CASAthe Georgia Department of Education, the Georgia Department of Human Services, Prevent Child Abuse Georgia, and Voices for Georgia's Children.

 

ABA Roundtable on School Discipline in the Wake of Newtown, February 26, 2013   

  
Presented by the Children's Rights Litigation Committee

  

On Tuesday, February 26, 2013 at 1:30-2:30pm, panelists will discuss the impact of increasing police presence in schools following the Newtown tragedy, and how police in schools will impact school safety and students, particularly students of color. 

Panelists will also provide strategies for creating safe and supportive schools. Register for the program to get the call in information (https://adobeformscentral.com/?f=7V8ckexybFl5Dem3GhyNHA).

 

Moderator: 
Ronald Marmer, Former Chair of the American Bar Association, Section of Litigation

 

Speakers: 

  • Manuel Criollo, Community Rights Campaign
  • Mo Canady, National Association of School Resource Officers
  • Michael Davis, Student, Los Angeles Unified School District 
  • Jim Eichner, Advancement Project
  • Rebecca Fitch, Office for Civil Rights  

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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