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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
ESCAP Alumni Survey
Follow Us on Twitter!
 Georgia Capitol Update

Last week the General Assembly was in session for 3 legislative days.  Highlights of the week of March 4-8 include:

  • The House and Senate agreed to the conference committee report on the
    amended FY 2013 budget on Tuesday, March 5, 2013. It now awaits the Governor's signature.
  • Thursday, March 7 was Crossover Day, the day by which a bill must pass in its originating chamber in order to be considered by the other chamber this year. Thus, any House Bill that did not pass the House, and any Senate Bill that did not pass the Senate cannot pass this year as a standalone bill.  However, we may still see some of the content of bills that did not cross over get tacked on to other bills that did. They will also have the opportunity to pass next year. See below for a list of the bills that did and did not cross over.

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

  • The House Appropriations Committee will vote on its version of the FY 2014 budget on Monday, March 11 at 1pm in room 341 of the Capitol.
  • The House Juvenile Justice Committee will consider SB 69, relating to confidentiality of reports of incidents in DJJ facilities, on Monday, March 11 at 3pm in room 406 of the Coverdell Legislative Office Building.
  • The Senate Interstate Cooperation Committee will consider whether Georgia should adopt the Interstate Compact on Juveniles on Wednesday, March 13 at 2pm in room 125 of the Capitol.   

Please note that information on meetings and legislative schedule is current as of Monday, March 11, 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   

Bills that crossed over  

  

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 passed the House on Friday, March 1, 2013, and now awaits consideration by the Senate 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 passed the House on Wednesday, February 27, 2013 and now awaits consideration by the Senate Non-Civil Judiciary Committee. 

HB 156 was introduced by Representative Jay Neal (R-Lafayette) 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 passed the House on Thursday, February 28, 2013, and now awaits consideration by the Senate 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 passed the House on Tuesday, February 19, 2013, and now awaits consideration by the Senate Civil Judiciary Committee.

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 passed the House on Thursday, February 28, 2013 and now awaits consideration by the Senate Civil Judiciary Committee.   

HB 349 was introduced by Representative Rich Golick (R-Smyrna) 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 passed the House on Friday, March 1, 2013 with an amendment that removed the child hearsay provision. The sponsor stated that the provision will be reworked to address a concern that had been raised and added back in when considered in the Senate. The bill now awaits consideration by the Senate Non-Civil Judiciary Committee. 

HB 480 was introduced by Representative Mandi Ballinger (R-Canton) on February 27, 2013. This bill would amend O.C.G.A. 17-8-54 to add victims' advocates and victim assistance providers to the list of people who can be present in a courtroom when a child under the age of 16 provides testimony about a sexual offense in a criminal case.  HB 480 passed the House on Tuesday, March 5, 2013, and now awaits consideration by the Senate Non-Civil Judiciary 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 passed the Senate on Wednesday, February 20, 2013.  It will be considered by the House Juvenile Justice Committee on Monday, March 11 at 3pm in room 406 of the Coverdell Legislative Office Building.    

  

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 make all 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 as a single local education agency for accountability purposes.  SB 115 passed the Senate on Wednesday, February 27, 2013 and now awaits consideration by the House Education Committee.          

 

Bills that failed to cross over

 

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 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 received a favorable recommendation from the House Juvenile Justice Committee on Wednesday, February 20, 2013 at 4pm and now awaits consideration by the full House.  

 

 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 369 was introduced by Representative Barry Flemming (R-Harlem) on February 19, 2013.  This bill would amend O.C.G.A. 15-11-28, relating to the jurisdiction of juvenile court, and O.C.G.A. 19-7-1, relating to the grounds for which parental power can be lost, to expand the superior courts' jurisdiction over termination of parental rights in domestic relations cases.  HB 369 received a favorable recommendation from the House Juvenile Justice Committee on Wednesday, February 27, 2013 and now awaits consideration by the full House. 

HB 397 was introduced by Representative Keisha Waites (D-Atlanta) on February 20, 2013.  This bill would amend O.C.G.A. 15-11-94, relating to the grounds for termination of parental rights, to add the parent's commission of a rape or other sexual assault that resulted in the birth of the child as an additional ground for termination. It would also amend Title 19 of the code to include rape or other sexual assault that resulted in the birth of the child as grounds for which parental power could be lost and to deny visitation with the child. HB 397 was considered by the Atwood Subcommittee of the House Juvenile Justice Committee on Thursday, February 28, 2013, but no vote was taken.   

 

HB 428, the Foster Children's Psychotropic Medication Monitoring Act, was introduced by Keisha Waites  (D-Atlanta) on February 21, 2013.  This bill would require 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 428 has been assigned to the House Health and Human Services Committee.

HB 524 was introduced by Representative Buzz Brockway (R-Lawrenceville) on March 4, 2013.  This bill would amend O.C.G.A. 19-8-23 and 31-10-14 to allow adopted people aged 18 or older to obtain copies of their original birth certificates and their birth parents contact preference form. HB 524 has been assigned to the House Juvenile Justice 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 232 was introduced by Senator Mike Crane (R-Newnan) on Thursday, February 28, 2013.  This bill would amend O.C.G.A. 17-17-8, relating to information that must be provided to victims by prosecutors, to require that victims be informed of the protections and assistance available under federal human trafficking laws.  SB 232 has been assigned to the Senate Non-Civil Judiciary Committee.    

  

SB 233 was introduced by Senator Mike Crane (R-Newnan) on Thursday, February 28, 2013. This bill would amend O.C.G.A. 16-6-3, relating to the affirmative defense available to human trafficking victims charged with sexual crimes, to create a presumption that if a child under 18 suspected of prostitution or related offenses that the child is a victim of human trafficking and the affirmative defense should apply.  The bill would also create a "Safe Harbor for Sexually Exploited Children Fund" and a commission to administer the fund.  An additional fine of $2,500 would be imposed on all offenders convicted of human trafficking, pimping, pandering, sexual exploitation of a child, or related crimes, and the additional fine would be paid into the fund and used for services for sexually exploited children.  SB 233 has been assigned to the Senate Non-Civil Judiciary 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.      

  

SR 416 was introduced by Senator Mike Crane (R-Newnan) on Thursday, February 28, 2013 as a companion to SB 233.  This resolution proposes a constitutional amendment to allow the fines proposed by SB 233 to be dedicated to the Safe Harbor for Sexually Exploited Children Fund that bill would create.  SR 416 has been assigned to the Senate Non-Civil Judiciary Committee.   

   

Survey of Former Emory Summer Child Advocacy Program Participants     

 

The Barton Child Law and Policy Center is currently conducting a survey to find out what ESCAP alumni are doing now and whether ESCAP has affected where the alumni are today.  Please take our brief survey to tell us how ESCAP impacted your life and career decisions.  Your participation in our survey is entirely voluntary.  However, your input would be very valuable to the continuation and improvement of ESCAP.  

 

All responses will be kept confidential and will not be linked with any names.  If you do decide to complete our ESCAP Alumni survey, please be sure to submit your responses by Monday, March 25, 2013.  

 

Thank you for your time, and we would really appreciate your participation in our survey.

 

Please click on the link below to navigate to the survey:

http://bartoncenter.coffeecup.com/forms/ESCAPalumniForm/ 

 

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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