2013 Legislative Session Ends, Next Child Welfare Legal Academy

Barton Child Law and Policy Center Newsletter

Dear Child Advocates, this update contains:

2013 Legislative Session Ends

Bills of Interest to Child Advocates

Next Georgia Child Welfare Legal Academy April 16

2013 Legislative Session Ends

Last week the General Assembly was in session for the final 3 legislative days of the 2013 session. A number of notable measures passed during the week of March 25-29, including:

The General Assembly adopted the conference committee report on the FY 2014 budget on Thursday, March 28. The final version:

Contains the House version of the rate increase for out-of-home care providers for children in DFCS custody, meaning these providers should see a 3% increase.
Restores approximately $400,000 of House and Senate cuts to the DJJ budget.

The House agreed to the Senate changes to HB 242, the juvenile justice reform bill, on Monday, March 25, 2013.

The General Assembly passed HB 21, relating to postadoption contact agreements, on Thursday, March 28, 2013.

The General Assembly passed HB 156, which reduces penalties for teen sexting, on Thursday, March 28, 2013.

The General Assembly passed HB 182, relating to associate juvenile court judges, on Thursday, March 28, 2013.

See the "Bills of Interest to Child Advocates" section below for a complete list of bills that passed and failed this session. For those that passed, the Governor has 40 days to sign or veto them. Those that failed to pass this year will still be eligible for consideration next year because it will be the second year of the biennial session. They will begin the session committed to the last substantive committee to which they were assigned.

Now that the legislative session has concluded, we will return to periodic updates when there is news to report, rather than weekly emails.

Bills of Interest to Child Advocates

Bills that passed

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. A child aged 14 years or older would be a party to the agreement. HB 21 passed the House on March 1 and passed the Senate and received House agreement to Senate changes on Thursday, March 28, 2013. It now awaits the Governor's signature.

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 February 27, passed the Senate on March 21, and received House agreement to Senate changes on Monday, March 25, 2013. It now awaits the Governor's signature.

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 someone believe to be a relative or guardian of a child to commit or allow a sexual offense against the child. It also adds language creating a "Romeo and Juliet" exception to child pornography laws to reduce penalties for teen "sexting." HB 156 passed the House on Thursday, February 28, and passed the Senate and received House agreement to Senate changes on Thursday, March 28, 2013. It now awaits the Governor's signature.

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, and passed the Senate and received House agreement to Senate changes on Thursday, March 28, 2013. It now awaits the Governor's signature.

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 February 28. It was approved by the Senate Civil Judiciary Committee on Wednesday, March 13, 2013 with some amendments. As part of the amendments, the contents of HB 219, relating to delinquency adjudications for victims of commercial sexual exploitation, and HB 369, clarifying juvenile and superior court jurisdiction for termination of parental rights, were incorporated into the bill. It unanimously passed the Senate on Thursday, March 21 and the House agreed to the Senate amendments on Monday, March 25, 2013. It now awaits the Governor's signature.

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, passed the Senate on Thursday, March 21, and received House agreement to Senate changes on Thursday, March 28, 2013. It now awaits the Governor's signature.

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 and passed the Senate on Thursday, March 28, 2013. It now awaits the Governor's signature.

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 25 at 3:00pm 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 February 27 and passed the House on Friday, March 22, 2013. It now awaits the Governor's signature.

SR 623 was introduced by Senator Josh McKoon (R-Columbus) on March 22, 2013. This resolution would create a Senate study committee on child sexual abuse and making awareness of sexual abuse part of school curricula. SR 623 was adopted by the Senate on Thursday, March 28, 2013. Because it is a resolution affecting only the Senate, it needs to further action to take effect.

Bills that did not pass

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 will begin the 2014 session 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 will begin the 2014 session 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 its contents were incorporated into HB 242 on Wednesday, March 13, 2013.

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 will begin the 2014 session 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 its contents were incorporated into HB 242 on Wednesday, March 13, 2013.

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 will begin the 2014 session assigned to the House Juvenile Justice Committee.

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 will begin the 2014 session 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 will begin the 2014 session assigned to the House Juvenile Justice Committee.

HB 674 was introduced by Representative Andy Welch (R-McDonough) on March 26, 2013. This bill would amend O.C.G.A. 15-18-14 and 17-12-27 to provide for the appointment of additional assistant district attorneys and assistant public defenders to specifically serve in juvenile court. The formula for how many would be appointed for each judicial circuit would be driven by the number of superior court judges authorized for the circuit. HB 674 will begin the 2014 session 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 will begin the 2014 session 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 will begin the 2014 session 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 passed the Senate on Wednesday, February 20, 2013. It will begin the 2014 session assigned to the House Juvenile Justice 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 will begin the 2014 session 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 will begin the 2014 session 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 will begin the 2014 session 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 will begin the 2014 session assigned to the Senate Non-Civil Judiciary Committee.

Next Georgia Child Welfare Legal Academy April 16, 2013

Children's Right to Counsel

Please join us on Tuesday, April 16, 2013, from 1:00-3:15pm, for the next Georgia Child Welfare Legal Academy program. Lead child attorneys from Fulton and DeKalb Counties will present and guide a conversation about the state of the right to counsel for children in deprivation proceedings in Georgia. Models of practice vary across the state, Georgia's statutory scheme is unclear, and recent case law raises more questions than it answers. Our presenters have been at the forefront of these issues for almost a decade, as the implementers of the Kenny A. consent decrees in their respective counties. They will share insights from their practice models and discuss the implications of recent appellate decisions and guidance from the State Bar of Georgia addressing the legal representation scheme for children in juvenile court deprivation cases.

To register, go to:

http://tinyurl.com/childright

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