2006 Legislative Update: New Laws Affecting Georgia's Children

1. 2006 Legislative Update: New Laws Affecting Georgia's Children Prepared for AVLF/Marcus Institute Lecture Series October 11, 2006 Karen Worthington Barton Child Law & Policy Clinic

2. HB 1059: Child Sexual Predators Negative Impact • Impacts youth ages13 to 16who would be prosecuted under O.C.G.A. 15-11-28 (SB 440) for the crimes of rape, aggravated sodomy, aggravated child molestation, and aggravated sexual battery. • Increases sentences for sex crimes, particularly when the victim is under age 14, from a mandatory minimum of 10 years to a mandatory minimum of 25 yearsfollowed by probation for life, or life imprisonment for some offenses. • Changes some sex offender registry provisions, adds GPS monitoring for ‘sexually dangerous predators,’ and further restricts where sex offenders can live.

3. HB 1059: Child Sexual Predators Not-so-negative Impact The following activities are now classified as misdemeanor offenses for the ‘perpetrator,’ rather than felony offenses subject to the new HB 1059 mandatory minimum sentences and lifetime monitoring: • Mutually agreed upon sodomy between a youth age 18 or younger and a partner aged 13-16 who is no more than 4 years younger than the older partner. • Mutually agreed upon conduct that meets the legal definition of child molestation between a youth age 18 or younger and a partner aged 14-16 who is no more than 4 years younger than the older partner. • Mutually agreed upon conduct that meets the legal definition of aggravated child molestation solely on the basis of an act of sodomy between a youth age 18 or younger and a partner aged 13-16 who is no more than 4 years younger than the older partner.

4. HB 1059: Child Sexual Predators Not-so-negative Impact The following activities are now classified as misdemeanor offenses for the ‘perpetrator,’ rather than felony offenses subject to the new HB 1059 mandatory minimum sentences and lifetime monitoring: • Statutory rape when the victim is 14 or 15 and the perpetrator is 18 or younger and no more than four years older than the victim. • Enticing a child for indecent purposes when the victim is 14 or 15 and the perpetrator is 18 or younger and no more than four years older than the victim.

5. HB 1145: Juvenile Competency • Allows child’s parent or guardian to ask the court to stay the proceedings for a competency evaluation. • Allows the child’s age or immaturity to be used as the basis for determining the child’s competency. • Requires the court to appoint an attorney to represent the child if the child is being evaluated for competency to stand trial and does not yet have a lawyer.

6. HB 1145: Juvenile Competency • Requires examiner to make a clear statement re: the basis of the incompetency determination. • Requires a full mental health evaluation, study, and report if the child is found not competent. • Adds definitions of ‘mentally ill’ and ‘mental retardation’ to statute. • Requires children who are not competent to be treated in the least restrictive environment.

7. HB 1145: Juvenile Competency • If the competency plan recommends treatment in a secure environment, plan manager must certify that all other appropriate community based treatment options have been exhausted. • Requires court to dismiss the petition if child remains incompetent to stand trial after 2 years following the order and there is no substantial evidence the child will attain competence within a year.

8. HB 1145: Amy’s Law • Allows juvenile court judges to place juvenile offenders who commit murder in the custody of DJJ through age 21. • Allows judges to determine whether any or all of the child’s commitment to DJJ should be in restrictive custody. • Allows judges to shorten the duration of the order in certain instances.

9. SB 135: 180 days for SB440 indictment • Youth charged under SB440 must have the charge presented to a grand jury within 180 days of detention. • If grand jury fails to return a true bill, the case is automatically transferred to the juvenile court.

10. SB 136: Posting of Bail for youth Allows bail for juveniles to be posted by any person having legal custody of the youth or an adult blood relative or stepparent.

11. SB 442: Mandated Reporters • Mandated reporters must report abuse immediately, which is now defined as no later than 24 hours from the time there is reasonable cause to believe the child has been abused. • Hospitals, schools and other facilities which have internal protocols requiring child abuse reports to be made to the person in charge of the facility (who then reports to DFCS) are prohibited from exercising any control, restraint, modification, or making other change to the information provided by the employee reporting the abuse.

12. SB 618: Quality Basic Education Act • Local school districts are responsible for providing the appropriate and necessary education to children in the custody of DJJ or DHR who reside in the school district.  • Local school districts are not required to provide educational services to children residing in a youth development center (YDC).

13. SB 618: Quality Basic Education Act • When possible, DJJ/DHR must provide notice to a school 5 days before enrolling a child. • The receiving schoolmust request the transfer of the educational records, IEP’s and other documents within 10 days of being notified about the new student. • A request for records must be complied with by the child’s sending school and/or DJJ/DHR.

14. HB 847: Emancipation of Minors • Creates statutory process for the emancipation of minors. • 'Emancipation' means termination of the rights of the parents to the custody, control, services, and earnings of a minor. • Juvenile court determines whether emancipation is in the best interest of the minor. • Effect: minor is considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to the minor because of his or her age.

15. HB 847: Emancipation of Minors • Court considers: • Objection by parent/guardian; • Ability of minor to manage his or her financial affairs, including proof of employment or other means of support; • Ability of minor to manage his or her personal and social affairs, including, but not limited to, proof of housing; • Minor’s understanding of his or her rights and responsibilities under this article as an emancipated minor. • Order can be rescinded if: • The minor is indigent and has no means of support; • The minor and the minor’s parents or guardian agrees that the order should be rescinded; or • There is a resumption of family relations inconsistent with the existing emancipation order.

16. HB 847: Emancipation of Minors • Parental permission is required for minors to marry, even when the female is pregnant with the child of the male. (minimum age for marriage without parental permission is 18) • Minimum age for marriage, with parental permission, is age 16.

17. SR 1270: DHR child welfare conference The Senate urges and requests DHR to conduct a multi-day state-wide conference to discuss the values and beliefs which should form the foundation for Georgia’s child welfare system. The scope of the conference should include but not be limited to discussion relating to the feasibility and efficacy of instituting citizen review panels, conducting family team meetings, and exploring other issues deemed appropriate and relevant to the purpose of the conference. (conference is to be held by 12/31/06)

18. HR 1079: Children’s Budget study Committee House creates study committee on the Creation of Focus on Our Future: A Children’s Budget because a study of the issues surrounding the feasibility and usefulness of an easily accessed resource which would identify all programs, sources of funding in the state budget, and trends in children’s outcomes related to their safety, welfare, and education would be beneficial to determine whether legislative action should be recommended.

19. SB 413: Parental permission needed to drop out or participate • Minors age 16 and 17 desiring to drop out of school must have written permission of a parent before being allowed to withdrawal. Child, parent, and school principal must meet prior to acceptance of withdrawal request. • Parents may decline permission for youth to participate in a existing club or organization. Parents must grant permission for youth to participate in clubs started during the year

20. Additional Legislation • HB 984: amends compulsory attendance law to allow up to 5 excused absences for student to visit w/ parent prior to military deployment or while parent is on leave. • SB 480: nurse practitioners can write prescriptions. • HB 1302: increases penalties for participating in criminal street gang activity. • SR 955: General Assembly approves and ratifies GPDSC Performance Standards in Juvenile Court.

21. DHR and Attached Agencies SFY 2007 Budget Highlights • $ 9,389,500 ($ 4,437,525 in state funds) to annualize the cost of 500 additional CPS workers first appropriated in FY'06 • $ 4,050,000 ($ 3,774,000 in state funds) to provide child and adolescent crisis stabilization services in the Child and Adolescent Services program • $ 4,455,810 ($ 2,227,000 in state funds) for the implementation of the Statewide Automated Child Welfare Information System (SACWIS) • $ 7,700,000 in TANF funds for adoption assistance for two parent families • $7,450,000 in TANF funds to increase relative care subsidy rate to 80% of family foster care rate.

22. DHR and Attached Agencies SFY 2007 Budget Highlights • $1,098,000 in TANF funds to provide an additional $100 per month per child to foster parents caring for sibling groups of 3 or more • $ 280,000 to provide TANF funds for Court Appointed Special Advocates to assist an additional 1,000 abused or neglected children in juvenile court deprivation cases • $ 338,832 for the Child Fatality Review Panel • $ 7,494,828 ($ 7,224,828 in state funds) for the Children's Trust Fund Commission (includes $ 550,000 for Child Advocacy Centers) • $10, 862,572 ($ 9,387,573 in state funds) for Family Connection

23. DJJ and Attached Agencies SFY 2007 Budget Highlights • $ 3,214,336 (in state funds) for 67 additional parole and probation staff to improve community based services • $ 606, 663 (in state funds) to expand the intensive supervision program by adding 30 additional staff and offering increased monitoring and rehabilitative services to youth in community settings • $ 582,212 (in state funds) to create 30 new Multi-Systemic Therapy (MST) slots serving an additional 120 youth • $ 737,154 (in state funds) providing additional contract staff in the tracking department to allow for statewide monitoring of youth in community settings. • $ 400,000 (in state funds) to provide additional wrap-around services to reduce out of home placements and provide stabilization services following placement in a community setting • $ 3,261,947 ($ 1,400,870 in state funds) for the Children and Youth Coordinating Council

24. IDEA Regulations • December 3, 2004: IDEA reauthorized. • August 14, 2006: Implementing regulations published for comment. • Friday, October 13, 2006: Final regulations take effect. • Regulations can be found at: http://www.ed.gov/legislation/FedRegister/finrule/2006-3/081406a.html

25. Other Federal Level Activity • Promoting Safe and Stable Families reauthorization • Pew Recommendations • Foster Care block grant

26. On the Horizon… Election Day: November 7, 2006 Complete re-write of Title 15 (Juvenile code) 2007 session begins January 8, 2007: www.legis.state.ga.us

27. Contact Information Karen Worthington Co-Director Barton Child Law & Policy Clinic Emory Law School 1301 Clifton Rd Atlanta, GA 30322 404-727-0333 karen@childwelfare.net