| HB 1422 - Child Advocate Act; enact; child abuse records |
First Reader Summary
A BILL to amend Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to juvenile proceedings, so as to
provide for a short title, legislative intent, and definitions;
to create the Office of the Child Advocate in the office of the
Governor; to provide for administrative assignment; to provide
for staff and personnel; to provide for contracts; to provide for
duties, rights, and powers; to hold harmless certain persons from
certain losses; to amend Code Section 49-5-41 of the Official
Code of Georgia Annotated, relating to persons and agencies
permitted access to records concerning reports of child abuse, so
as to provide for public access to certain child abuse records;
and for other purposes.
| House |
Action |
Senate |
| 2/10/00 |
Read 1st Time |
3/7/00 |
| 2/14/00 |
Read 2nd Time |
3/14/00 |
| 3/1/00 |
Favorably Reported |
3/13/00 |
| Sub |
Committee Amend/Sub |
Am |
| 3/6/00 |
Read 3rd Time |
3/15/00 |
| 3/6/00 |
Passed/Adopted |
3/15/00 |
| CS |
Comm/Floor Amend/Sub |
CA |
| 3/20/00 |
Amend/Sub Agreed To |
|
| 4/4/00 |
Sent to Governor |
|
| 4/6/00 |
Signed by Governor |
|
| 496 |
Act/Veto Number |
|
HB 1422 HB 1422/AP
H. B. No. 1422 (AS PASSED HOUSE AND SENATE)
By: Representatives Sinkfield of the 57th, Smith of the
175th, Turnquest of the 73rd, Dukes of the 161st, Murphy of
the 18th and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 11 of Title 15 of the Official Code of
1- 2 Georgia Annotated, relating to juvenile proceedings, so as
1- 3 to provide for a short title, legislative intent, and
1- 4 definitions; to create the Office of the Child Advocate for
1- 5 the Protection of Children; to provide for administrative
1- 6 assignment; to provide for staff and personnel; to provide
1- 7 for contracts; to provide for duties, rights, and powers; to
1- 8 require and permit certain reports; to authorize the
1- 9 advocate to request certain investigations by the Georgia
1-10 Bureau of Investigation and provide for the conduct and
1-11 results of such investigations; to amend Code Section
1-12 19-15-4 of the Official Code of Georgia Annotated, relating
1-13 to the State-wide Child Abuse Prevention Panel, so as to
1-14 include the advocate as a member of the panel; to amend Code
1-15 Section 49-5-41 of the Official Code of Georgia Annotated,
1-16 relating to persons and agencies permitted access to records
1-17 concerning reports of child abuse, so as to provide for
1-18 public access to certain child abuse records; to provide for
1-19 related matters; to provide an effective date; to repeal
1-20 conflicting laws; and for other purposes.
1-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-22 SECTION 1.
1-23 Chapter 11 of Title 15 of the Official Code of Georgia
1-24 Annotated, relating to juvenile proceedings, is amended by
1-25 adding at the end a new article to read as follows:
1-26 15-11-170.
1-27 (a) This article shall be known and may be cited as the
1-28 'Georgia Child Advocate for the Protection of Children
1-29 Act.'
1-30 (b) In keeping with this article's purpose of assisting,
1-31 protecting, and restoring the security of children whose
1-32 well-being is threatened, it is the intent of the General
-1-
2- 1 Assembly that the mission of protection of the children of
2- 2 this state should have the greatest legislative and
2- 3 executive priority. Recognizing that the needs of
2- 4 children must be attended to in a timely manner and that
2- 5 more aggressive action should be taken to protect children
2- 6 from abuse and neglect, the General Assembly creates the
2- 7 Office of the Child Advocate for the Protection of
2- 8 Children to provide independent oversight of persons,
2- 9 organizations, and agencies responsible for providing
2-10 services to or caring for children who are victims of
2-11 child abuse and neglect, or whose domestic situation
2-12 requires intervention by the state. The Office of the
2-13 Child Advocate for the Protection of Children will provide
2-14 children with an avenue through which to seek relief when
2-15 their rights are violated by state officials and agents
2-16 entrusted with their protection and care.
2-17 15-11-171.
2-18 As used in this article, the term:
2-19 (1) 'Advocate' or 'child advocate' means the Child
2-20 Advocate for the Protection of Children established
2-21 under Code Section 15-11-172.
2-22 (2) 'Agency' shall have the same meaning and application
2-23 as provided for in paragraph (1) of subsection (a) of
2-24 Code Section 50-14-1.
2-25 (3) 'Child' or 'children' means an individual receiving
2-26 protective services from the division, for whom the
2-27 division has an open case file, or who has been, or
2-28 whose siblings, parents, or other caretakers have been
2-29 the subject of a report to the division within the
2-30 previous five years.
2-31 (4) 'Department' means the Department of Human
2-32 Resources.
2-33 (5) 'Division' means the Division of Family and Children
2-34 Services of the Department of Human Resources.
2-35 15-11-172.
2-36 (a) There is created the Office of the Child Advocate for
2-37 the Protection of Children. The Governor, by executive
2-38 order, shall create a nominating committee which shall
2-39 consider nominees for the position of the advocate and
2-40 shall make a recommendation to the Governor. Such person
2-41 shall have knowledge of the child welfare system, the
-2-
3- 1 juvenile justice system, and the legal system and shall be
3- 2 qualified by training and experience to perform the duties
3- 3 of the office as set forth in this article.
3- 4 (b) The advocate shall be appointed by the Governor from a
3- 5 list of at least three names submitted by the nominating
3- 6 committee for a term of three years and until his or her
3- 7 successor is appointed and qualified and may be
3- 8 reappointed. The salary of the advocate shall not be less
3- 9 than $60,000.00 per year, shall be fixed by the Governor,
3-10 and shall come from funds appropriated for the purposes of
3-11 the advocate.
3-12 (c) The Office of the Child Advocate for the Protection of
3-13 Children shall be assigned to the Office of Planning and
3-14 Budget for administrative purposes only, as described in
3-15 Code Section 50-4-3.
3-16 (d) The advocate may appoint such staff as may be deemed
3-17 necessary to effectively fulfill the purposes of this
3-18 article, within the limitations of the funds available for
3-19 the purposes of the advocate. The duties of the staff may
3-20 include the duties and powers of the advocate if performed
3-21 under the direction of the advocate. The advocate and his
3-22 or her staff shall receive such reimbursement for travel
3-23 and other expenses as is normally allowed to state
3-24 employees, from funds appropriated for the purposes of the
3-25 advocate.
3-26 (e) The advocate shall have the authority to contract with
3-27 experts in fields including but not limited to medicine,
3-28 psychology, education, child development, juvenile
3-29 justice, mental health, and child welfare, as needed to
3-30 support the work of the advocate, utilizing funds
3-31 appropriated for the purposes of the advocate.
3-32 (f) Notwithstanding any other provision of state law, the
3-33 advocate shall act independently of any state official,
3-34 department, or agency in the performance of his or her
3-35 duties.
3-36 (g) The advocate or his or her designee shall be an ex
3-37 officio member of the State-wide Child Abuse Prevention
3-38 Panel.
3-39 15-11-173.
3-40 The advocate shall perform the following duties:
-3-
4- 1 (1) Identify, receive, investigate, and seek the
4- 2 resolution or referral of complaints made by or on
4- 3 behalf of children concerning any act, omission to act,
4- 4 practice, policy, or procedure of an agency or any
4- 5 contractor or agent thereof that may adversely affect
4- 6 the health, safety, or welfare of the children;
4- 7 (2) Refer complaints involving abused children to
4- 8 appropriate regulatory and law enforcement agencies;
4- 9 (3) Report the death of any child to the chairperson of
4-10 the child fatality review subcommittee of the county in
4-11 which such child resided at the time of death, unless
4-12 the advocate has knowledge that such death has been
4-13 reported by the county medical examiner or coroner,
4-14 pursuant to Code Section 19-15-3, and to provide such
4-15 subcommittee access to any records of the advocate
4-16 relating to such child;
4-17 (4) Provide periodic reports on the work of the Office
4-18 of the Child Advocate for the Protection of Children,
4-19 including but not limited to an annual written report
4-20 for the Governor and the General Assembly and other
4-21 persons, agencies, and organizations deemed appropriate.
4-22 Such reports shall include recommendations for changes
4-23 in policies and procedures to improve the health,
4-24 safety, and welfare of children and shall be made
4-25 expeditiously in order to timely influence public
4-26 policy;
4-27 (5) Establish policies and procedures necessary for the
4-28 Office of the Child Advocate for the Protection of
4-29 Children to accomplish the purposes of this article
4-30 including without limitation providing the division with
4-31 a form of notice of availability of the Office of the
4-32 Child Advocate for the Protection of Children. Such
4-33 notice shall be posted prominently, by the division, in
4-34 division offices and in facilities receiving public
4-35 moneys for the care and placement of children and shall
4-36 include information describing the Office of the Child
4-37 Advocate for the Protection of Children and procedures
4-38 for contacting that office; and
4-39 (6) Convene quarterly meetings with organizations,
4-40 agencies, and individuals who work in the area of child
4-41 protection to seek opportunities to collaborate and
4-42 improve the status of children in Georgia.
-4-
5- 1 15-11-174.
5- 2 The advocate shall have the following rights and powers:
5- 3 (1) To communicate privately, by mail or orally, with
5- 4 any child and with each child's parent or guardian;
5- 5 (2) To have access to all records and files of the
5- 6 division concerning or relating to a child, and to have
5- 7 access, including the right to inspect, copy, and
5- 8 subpoena records held by clerks of the various courts,
5- 9 law enforcement agencies, service providers, including
5-10 medical and mental health, and institutions, public or
5-11 private, with whom a particular child has been either
5-12 voluntarily or otherwise placed for care or from whom
5-13 the child has received treatment within the state. To
5-14 the extent any such information provides the names and
5-15 addresses of individuals who are the subject of any
5-16 confidential proceeding or statutory confidentiality
5-17 provisions, such names and addresses or related
5-18 information which has the effect of identifying such
5-19 individuals shall not be released to the public without
5-20 the consent of such individuals;
5-21 (3) To enter and inspect any and all institutions,
5-22 facilities, and residences, public and private, where a
5-23 child has been placed by a court or the division and is
5-24 currently residing. Upon entering such a place, the
5-25 advocate shall notify the administrator or, in the
5-26 absence of the administrator, the person in charge of
5-27 the facility, before speaking to any children. After
5-28 notifying the administrator or the person in charge of
5-29 the facility, the advocate may communicate privately and
5-30 confidentially with children in the facility,
5-31 individually or in groups, or the advocate may inspect
5-32 the physical plant. To the extent possible, entry and
5-33 investigation provided by this Code section shall be
5-34 conducted in a manner which will not significantly
5-35 disrupt the provision of services to children;
5-36 (4) To apply to the Governor to bring legal action in
5-37 the nature of a writ of mandamus or application for
5-38 injunction pursuant to Code Section 45-15-18 to require
5-39 an agency to take or refrain from taking any action
5-40 required or prohibited by law involving the protection
5-41 of children;
5-42 (5) To apply for and accept grants, gifts, and bequests
5-43 of funds from other states, federal and interstate
-5-
6- 1 agencies, independent authorities, private firms,
6- 2 individuals, and foundations for the purpose of carrying
6- 3 out the lawful responsibilities of the Office of the
6- 4 Child Advocate for the Protection of Children;
6- 5 (6) When less formal means of resolution do not achieve
6- 6 appropriate results, to pursue remedies provided by this
6- 7 article on behalf of children for the purpose of
6- 8 effectively carrying out the provisions of this article;
6- 9 and
6-10 (7) To engage in programs of public education and
6-11 legislative advocacy concerning the needs of children
6-12 requiring the intervention, protection, and supervision
6-13 of courts and state and county agencies.
6-14 15-11-175.
6-15 (a) No person shall discriminate or retaliate in any
6-16 manner against any child, parent or guardian of a child,
6-17 employee of a facility, agency, institution or other type
6-18 of provider, or any other person because of the making of
6-19 a complaint or providing of information in good faith to
6-20 the advocate, or willfully interfere with the advocate in
6-21 the performance of his or her official duties.
6-22 (b) Any person violating subsection (a) of this Code
6-23 section shall be guilty of a misdemeanor.
6-24 15-11-176.
6-25 The advocate shall be authorized to request an
6-26 investigation by the Georgia Bureau of Investigation of
6-27 any complaint of criminal misconduct involving a child.
6-28 15-11-177.
6-29 (a) There is established a Child Advocate Advisory
6-30 Committee. The advisory committee shall consist of:
6-31 (1) One representative of a not for profit children's
6-32 agency appointed by the Governor;
6-33 (2) One representative of a for profit children's agency
6-34 appointed by the President of the Senate;
6-35 (3) One pediatrician appointed by the Speaker of the
6-36 House of Representatives;
6-37 (4) One social worker with experience and knowledge of
6-38 child protective services who is not employed by the
6-39 state appointed by the Governor;
-6-
7- 1 (5) One psychologist appointed by the President of the
7- 2 Senate;
7- 3 (6) One attorney appointed by the Speaker of the House
7- 4 of Representatives from the Children and the Courts
7- 5 Committee of the State Bar of Georgia; and
7- 6 (7) One juvenile court judge appointed by the Chief
7- 7 Justice of the Supreme Court of Georgia.
7- 8 Each member of the advisory committee shall serve a
7- 9 two-year term and until the appointment and qualification
7-10 of such member's successor. Appointments to fill
7-11 vacancies in such offices shall be filled in the same
7-12 manner as the original appointment.
7-13 (b) The advisory committee shall meet a minimum of three
7-14 times a year with the advocate and his or her staff to
7-15 review and assess the following:
7-16 (1) Patterns of treatment and service for children;
7-17 (2) Policy implications; and
7-18 (3) Necessary systemic improvements.
7-19 The advisory committee shall also provide for an annual
7-20 evaluation of the effectiveness of the Office of the Child
7-21 Advocate for the Protection of Children."
7-22 SECTION 2.
7-23 Code Section 19-15-4 of the Official Code of Georgia
7-24 Annotated, relating to the State-wide Child Abuse Prevention
7-25 Panel, is amended by striking the word "and" at the end of
7-26 paragraph (13) of subsection (a), by inserting a new
7-27 paragraph (14) to read as follows:
7-28 "(14) The child advocate created by Article 5 of Chapter
7-29 11 of Title 15; and",
7-30 and by renumbering existing paragraph (14) of subsection (a)
7-31 as paragraph (15).
7-32 SECTION 3.
7-33 Code Section 49-5-41 of the Official Code of Georgia
7-34 Annotated, relating to persons and agencies permitted access
7-35 to records concerning reports of child abuse, is amended by
7-36 striking in its entirety subsection (e) of said Code section
7-37 and inserting in lieu thereof the following:
-7-
8- 1 (e) Notwithstanding any other provisions of law, with the
8- 2 exception of medical and mental health records made
8- 3 confidential by other provisions of law, child abuse and
8- 4 deprivation records applicable to a child who at the time
8- 5 of his or her death was:
8- 6 (1) In in the custody of a state department or agency or
8- 7 foster parent;
8- 8 (2) A child as defined in paragraph (3) of Code Section
8- 9 15-11-171; or
8-10 (3) The subject of an investigation, report, referral,
8-11 or compliant under Code Section 15-11-137
8-12 shall not be confidential and shall be subject to Article
8-13 4 of Chapter 18 of Title 50, relating to open records.
8-14 SECTION 4.
8-15 This Act shall become effective upon its approval by the
8-16 Governor or upon its becoming law without such approval.
8-17 SECTION 5.
8-18 All laws and parts of laws in conflict with this Act are
8-19 repealed.
-8-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/11/00
