HB 1866 - DeKalb County; family court div; authorize as pilot project

First Reader Summary

A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize the Family Court Division of the Superior Court of DeKalb County in the Stone Mountain Judicial Circuit as a pilot project of limited duration; and for other purposes.

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 15-11B-1/ 15-11B-2/ 15-11B-3/ 15-11B-4/ 15-11B-5/ 15-11B-6/ 15-11B-7/ 15-11B-8/ 15-11B-9

HB 1866                                            LC 22 3174 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 15 of the Official Code of Georgia Annotated, 
  1- 2  relating to courts, so as to authorize the Family Court 
  1- 3  Division of the Superior Court of DeKalb County in the Stone 
  1- 4  Mountain Judicial Circuit as a pilot project of limited 
  1- 5  duration; to provide for judges and their appointment, 
  1- 6  designation, and terms; to provide for district attorneys, a 
  1- 7  clerk, probation officers, and other employees; to authorize 
  1- 8  agreements with other courts and agencies for the assignment 
  1- 9  of personnel to such court; to authorize the Attorney 
  1-10  General to appoint attorneys to represent the Department of 
  1-11  Human Resources in such court; to authorize the chief judge 
  1-12  of the superior court to require family court judges to 
  1-13  complete a planned program of instruction; to provide for 
  1-14  jurisdiction, authority, powers, and duties of the family 
  1-15  court division; to provide for expenses; to provide for 
  1-16  reports; to provide for automatic repeal; to provide an 
  1-17  effective date; to repeal conflicting laws; and for other 
  1-18  purposes. 
 
  1-19       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-20                           SECTION 1. 
 
  1-21  Title 15 of the Official Code of Georgia Annotated, relating 
  1-22  to courts, is amended by inserting a new chapter, to be 
  1-23  designated Chapter 11B, to read as follows: 
 
 
 
  1-24    15-11B-1. 
 
  1-25    There is hereby authorized a Family Court Division of the 
  1-26    Superior Court of DeKalb County in the Stone Mountain 
  1-27    Judicial Circuit as a pilot project pursuant to authority 
  1-28    granted by Article VI, Section I, Paragraph X of the 
  1-29    Georgia Constitution. 
 
  1-30    15-11B-2. 
 
  1-31    The Family Court Division of the Superior Court of DeKalb 
  1-32    County, sometimes referred to in this chapter as the 
 
 
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  2- 1    family court division and the superior court, 
  2- 2    respectively, shall exist as a pilot project of limited 
  2- 3    duration from July 1, 1998, until July 1, 2001, and shall 
  2- 4    have the powers, rules of practice and procedure, and 
  2- 5    selection, qualifications, and terms of judges of the 
  2- 6    superior court and as duly adopted by the superior court 
  2- 7    for the family court division. 
 
  2- 8    15-11B-3. 
 
  2- 9    (a) The chief judge of the superior court shall designate 
  2-10    two judges of the superior court to sit as judges of the 
  2-11    family court division for terms of up to three years and 
  2-12    shall designate successors for terms of up to three years. 
  2-13    In addition, the chief judge of the superior court may 
  2-14    designate one or more judges of the superior court to sit 
  2-15    as judges of the family court division on a standby basis 
  2-16    for terms of up to three years. 
 
  2-17    (b) The chief judge of the superior court may require the 
  2-18    family court division judges to complete a planned program 
  2-19    of instruction in family law, psychology, family dynamics, 
  2-20    child development, nonadversarial techniques, and working 
  2-21    with diverse populations. 
 
  2-22    15-11B-4. 
 
  2-23    (a) The district attorney of the Stone Mountain Judicial 
  2-24    Circuit is authorized to designate one or more assistant 
  2-25    district attorneys to serve in the family court division. 
 
  2-26    (b) The clerk of the superior court or such clerk's 
  2-27    designee shall serve as the clerk of the family court 
  2-28    division. 
 
  2-29    (c) The chief judge of the Stone Mountain Judicial Circuit 
  2-30    shall designate probation officers and other employees of 
  2-31    the Stone Mountain Judicial Circuit to perform duties for 
  2-32    the family court division.  Such employees shall perform 
  2-33    duties as directed by the judges of the family court 
  2-34    division. 
 
  2-35    (d) The chief judge of the Stone Mountain Judicial Circuit 
  2-36    may enter into agreements with other courts and agencies 
  2-37    for the assignment of personnel from other courts or 
  2-38    agencies to the Family Court Division of the Superior 
  2-39    Court of DeKalb County. 
 
  2-40    (e) The Attorney General of Georgia may appoint attorneys 
  2-41    to represent the Department of Human Resources in the 
 
 
 
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  3- 1    Family Court Division of the Superior Court of DeKalb 
  3- 2    County. 
 
  3- 3    15-11B-5. 
 
  3- 4    (a) The family court division shall have the jurisdiction 
  3- 5    of the superior court and as provided in this Code 
  3- 6    section. 
 
  3- 7    (b) When a petition or case is filed in the superior court 
  3- 8    relating to divorce where issues affecting children are 
  3- 9    involved, including, but not limited to, child support, 
  3-10    child custody, visitation, child abuse, child molestation, 
  3-11    domestic violence, legitimacy, paternity, adoption, 
  3-12    abandonment, or contempt or modification relative to such 
  3-13    cases, the chief judge of the superior court or an intake 
  3-14    case manager designated by such chief judge may assign the 
  3-15    case to the family court division.  The Superior Court of 
  3-16    DeKalb County, State Court of DeKalb County, Juvenile 
  3-17    Court of DeKalb County, Probate Court of DeKalb County, 
  3-18    and Magistrate Court of DeKalb County, are authorized to 
  3-19    transfer ancillary cases related to the same family to the 
  3-20    family court division.  Such ancillary cases shall include 
  3-21    but not be limited to any cases involving deprivation, 
  3-22    delinquency involving behavioral issues, truancy, 
  3-23    unruliness, abandonment, neglect, or termination of 
  3-24    parental rights cases pending in the Juvenile Court of 
  3-25    DeKalb County; cases involving domestic violence, 
  3-26    abandonment, or child support enforcement cases pending in 
  3-27    the State Court of DeKalb County; adult or minor 
  3-28    guardianship cases pending in the Probate Court of DeKalb 
  3-29    County; or domestic violence cases pending in the 
  3-30    Magistrate Court of DeKalb County.  In addition, any child 
  3-31    support enforcement case from the jurisdiction of the 
  3-32    State of Georgia shall be considered an ancillary case 
  3-33    subject to transfer to the family court division. 
  3-34    Whenever a dispute arises between the family court 
  3-35    division and another court in DeKalb County as to whether 
  3-36    a case is an ancillary case which should be transferred to 
  3-37    the family court division, such case may be transferred to 
  3-38    the family court division pursuant to an order for 
  3-39    transfer issued by the chief judge of the Stone Mountain 
  3-40    Judicial Circuit. 
 
  3-41    (c) The judges of the family court division shall have the 
  3-42    same authority, powers, and duties in the consideration 
  3-43    and disposition of cases in the family court division as 
  3-44    any judge of the Superior Court of DeKalb County, State 
 
 
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  4- 1    Court of DeKalb County, Juvenile Court of DeKalb County, 
  4- 2    Probate Court of DeKalb County, or Magistrate Court of 
  4- 3    DeKalb County. 
 
  4- 4    15-11B-6. 
 
  4- 5    Expenses for salaries, equipment, or supplies incurred in 
  4- 6    implementing this chapter shall be paid from state funds 
  4- 7    appropriated for such purpose and from the funds of DeKalb 
  4- 8    County. 
 
  4- 9    15-11B-7. 
 
  4-10    The Administrative Office of the Courts shall report 
  4-11    annually regarding the activities of the family court 
  4-12    division of the Superior Court of DeKalb County to the 
  4-13    chief judge of the Stone Mountain Judicial Circuit, the 
  4-14    Chief Justice of the Georgia Supreme Court, the Governor, 
  4-15    the Lieutenant Governor, the Speaker of the House of 
  4-16    Representatives, and the chairpersons of the Judiciary 
  4-17    Committees of the House of Representatives and the Senate. 
  4-18    The Administrative Office of the Courts shall prepare for 
  4-19    the same judicial officers and elected officials a 
  4-20    comprehensive report within 180 days following July 1, 
  4-21    2001. 
 
  4-22    15-11B-8. 
 
  4-23    This chapter shall become effective on July 1, 1998. 
 
  4-24    15-11B-9. 
 
  4-25    This chapter shall be repealed in its entirety on July 1, 
  4-26    2001." 
 
  4-27                           SECTION 2. 
 
  4-28  All laws and parts of laws in conflict with this Act are 
  4-29  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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