







|
 |
 Legislative Lingo
Legislative Lingo By Tony G. Blash, Legislative/Policy Chairperson for the Adoptive and Foster Parent Association of Georgia. Posted March 8, 2005
2005-2006 Committee Members: Chairman, Tony G. Blash (Bibb Co.); Michael Wilbanks (Gordon Co.); Rebecca Donnell (Douglas Co.); Rebecca Cash (Hart Co.)
CURRENT LEGISLATION March 5, 2007
Submitted by:
Tony G. Blash, Legislative Committee Chairperson for the Adoptive and Foster Parent Association of Georgia
DAY 27 AND COUNTING
The current session of the Georgia General Assembly is in recess until March 19 to give our federal legislators time to assist with funding the PeachCare program in Georgia. PeachCare covers some 270,000 children who otherwise may not have adequate health insurance coverage.
CURRENT LEGISLATION
A list of some current child welfare legislation proposed in the Georgia State Senate and House of Representatives for this First Session of the 2007-2008 Term (These updates and summaries are provided by the Barton Clinic)
HB 3 would amend O.C.G.A. Title 19 related to child custody proceedings to require a mother who surrenders her infant for adoption to provide notice to the biological father of her intent to place the infant for adoption. The biological father would have three days after receiving notice to object to the transfer of custody. The notice requirements would not apply to infants who, through a valid court order, are placed in the temporary custody of the Department of Human Resources because of allegations of deprivation. The bill has been assigned to the House Civil Judiciary Committee. House Second Readers
HB 47 seeks to create a Department of Health by merging the Department of Human Resources and the Department of Community Health. The bill has been assigned to the House Health and Human Services Committee. House Second Readers
HB 174 would prohibit drivers with instruction permits and graduated drivers' licenses from speaking on a cell phone while driving. The bill's sponsors are targeting cell phone use by inexperienced and teenage drivers. One point would be assessed to the license holder for a violation. The bill passed out of the House Motor Vehicles Committee on Thursday, February, 22, 2007 and awaits consideration by the House.
HB 153 would require the Division of Family and Children Services (DFCS) to notify the juvenile court of placement changes for children in DFCS custody. The bill would allow for an opportunity for any party to request a hearing to review the placement. HB 334 was attached to HB 153 in committee. This addition would amend O.C.G.A. § 15-11-21 related to judges in the first instance. Under current law, parties in juvenile court can request that any hearing other than a detention hearing or a probable cause hearing be heard by a judge as opposed to an associate judge. This bill would remove the parties' ability to request what is sometimes referred to as a "judge in the first instance." The bill states that the judge shall determine if a judge or associate judge conducts the case. HB 153, as amended by the addition of HB 334, passed without opposition out of the House on February 20, 2007. The bill has been assigned to the Senate Judiciary Committee.
HB 155 would permit the Department of Human Resources to obtain criminal history background checks for owners and operators of any child welfare agency defined as a licensed "child-caring institution, child-placing agency and maternity home." Licenses to operate cannot be issued to owners with criminal histories. The bill grants DHR authority to promulgate rules and regulations to implement the provisions of the code section. The bill was passed out of the House on February 21, 2007 and has been assigned to the Senate Health and Human Services Committee (see also the companion bill SB 51).
HB 156 would modify the Child Support Recovery Act O.C.G.A. §19-11-6 and §19-11-8 to authorize the Department of Human Resources to impose reasonable fees to recover costs on child support collections. Fees would not be imposed on child support collections for children who receive TANF or children in DFCS custody. The bill was defeated last week in the House Civil Judiciary Committee, but a revised version of the bill is set for a rehearing on Tuesday, February 27 at 1 pm in room 132 of the Capitol (see also the companion bill SB 42).
HB 158 would modify O.C.G.A. Title 19 and O.C.G.A. Title 15 related to the voluntary acknowledgment of legitimation of a child by a biological father. The bill would amend the juvenile code, specifically O.C.G.A. § 15-11-2 and § 15-11-96(h) to recognize as legal fathers, fathers who legitimate a child by voluntary acknowledgment as provided in O.C.G.A. § 19-7-21.1. This type of legitimation is sometimes referred to as an "administrative legitimation," because it happens without court oversight. The bill has been assigned to the House Civil Judiciary Committee. The bill has been heard in committee and has been tabled temporarily while new language is drafted.
HB 168 would modify O.C.G.A. §15-11-21 regarding the qualifications for associate juvenile court judges. The bill revises the qualifications for an associate judge to match the qualifications for a full judge of the juvenile court: judges must be 30 years old, have been a citizen of the state for three years, and have practiced law for five years. Associate judges who are already serving and do not meet the new qualifications would be allowed to continue to serve. The bill passed favorably out of the House on February 20, 2007 and has been assigned to the Senate Judiciary Committee.
HB 270 would amend O.C.G.A. Title 15 by creating a new section 15-11-9.1 that seeks to define the role of court appointed special advocates or CASAs. The bill defines a CASA as a community volunteer who has been screened and trained regarding deprivation, child development, and juvenile court procedures, has met the requirements of an affiliate court appointed special advocate program, is being actively supervised by such a program and has been appointed as a guardian ad litem by the court in a deprivation proceeding. The bill passed favorably out of the House Non-Civil Judiciary Committee by committee substitute on February 22, 2007 and the bill now waits consideration by the House.
HB 303 would amend O.C.G.A. § 15-11-58 related to the extension of custody orders for children in the custody of DFCS. Under current law, DFCS custody orders are issued for one year and extendable for a second twelve month period for a maximum of 24 months or two years. This bill would allow the court to extend custody for one or more periods of twelve months. In other words, the court could annually extend DFCS custody orders beyond the current cap of 24 months. The bill has been assigned to the House Civil Judiciary Committee Subcommittee One. The bill will be presented to the committee on Tuesday, February 27 at 9 am in room 132 of the Capitol.
HB 369 would amend O.C.G.A. Title 19 related to child custody proceedings. The bill would expand parties' ability to appeal decisions of the lower court, allowing parties direct appeal for all judgments or orders in divorce, alimony, child custody and other domestic relations cases including holding or declining to hold a party in contempt. The bill would also remove the "right of selection" for children 14 years of age or older. Under current law, in a child custody dispute between parents, a child who is 14 or older has the right to select the parent with whom s/he wants to live. The bill would require the judge to consider the desires of any child 11 years old or older, but the child's desire would not be controlling. HB 369 passed out of the House Civil Judiciary Subcommittee One on February 20 and will be considered by the House Civil Judiciary Committee on Tuesday, February 27 at 1 pm in room 132 of the Capitol.
HB 497 would amend Chapter 8 of Title 19 relating to adoptions to permit a biological father who is not a legal father to a child being placed for adoption to surrender his rights to the child before the child's birth and provides a statutory form for the pre-birth surrender. The process for a pre-birth surrender would extend to biological fathers whose child(ren) are being surrendered to the Department of Human Resources for adoption. The pre-birth surrender would serve to relinquish the alleged biological father's rights to the child and his right to notice of any proceeding with respect to the child's adoption, custody or guardianship. The bill proposes a 10-day period of revocation of the pre-birth surrender and provides that the responsibilities of the alleged biological father are permanently terminated only upon the entry of a final order of adoption. The bill further prohibits a mother who has validly surrendered her parental rights to a child for purposes of adoption from executing a voluntary acknowledgment of legitimation pursuant to O.C.G.A. §19-7-22(g)(2) or a voluntary acknowledgment of paternity pursuant to O.C.G.A. §19-7-46.1 regarding the same child and provides for the dissolution of the mother's surrender of parental rights should the biological father successfully legitimate the child. HB 497 has been assigned to the House Judiciary Committee.
HB 542 would add a new chapter 28-8A-1 to Title 28 creating a Georgia Legislative Youth Advisory Council. The purpose of the council would be to advise the General Assembly on proposed and pending legislation, state budget expenditures, and policy matters relating to youth. The council would examine issues of importance to youth, including education, employment, and strategies to increase youth participation in government, and any other issue deemed important. HB 542 proposes that the council be made up of 40 members, ages 16 to 21, appointed to serve two-year terms and four legislators. HB 542 has been assigned to the House Committee on Children and Youth.
SB 1 would prohibit registered sex offenders from taking any photograph of a minor without the consent of the minor's parent or guardian. SB 1 passed the Senate on February 12, 2007 by a vote of 54 to 0. SB 1 has been introduced in the House and has been assigned to the House Non-Civil Judiciary Committee.
SB 42 would modify the Child Support Recovery Act O.C.G.A. §19-11-6 and §19-11-8 to authorize the Department of Human Resources to impose reasonable fees to recover costs on child support collections. Fees would not be imposed on child support collections for children who receive TANF or children in DFCS custody. SB 42 was on the agenda for the Senate Judiciary Committee meeting on Monday, February 26 at 2 pm in room 307 of the Coverdell Office Building. (see also the companion bill HB 156).
SB 51 permits the Department of Human Resources to obtain criminal history background checks for owners and operators of any child welfare agency defined as a licensed "child-caring institution, child-placing agency and maternity home." Licenses to operate cannot be issued to owners with criminal histories. The bill grants DHR authority to promulgate rules and regulations to implement the provisions of the code section. The bill has been assigned to the Senate Health and Human Services Committee (see also the companion bill HB 155).
SB 54 would modify the incest statute O.C.G.A. §16-6-22 to make it gender neutral and to include sodomy in the definition of incest. The bill passed the Senate on February 9, 2007 and has been introduced in the House where it has been assigned to the House Non-Civil Judiciary Committee.
SB 61 would modify the criminal records check requirement for a Petitioner in an adoption to include submission to criminal records checks from both the Georgia Crime Information Center (GCIC) and the FBI, at the expense of the Petitioner. The bill passed the Senate January 10, 2007 and has been introduced in the house and has been assigned to the House Civil Judiciary Committee.
SB 88 or the Care of a Grandchild Act would create a statutory power of attorney for the care of a minor grandchild. The power of attorney would provide grandparents caring for grandchildren the power to enroll a child in school, authorize medical, dental and mental health care, and any other powers as specified by the granting parent. The bill would also create a grandchild caregiver subsidy for grandparents living at less than 200 percent of the federal poverty level and who meet other criteria. The program is capped at 1500 families. The bill passed out of the Senate Judiciary Committee on Thursday, February 22, 2007 and awaits consideration by the Senate.
SB 98 would modify the Computer Pornography and Child Exploitation Act of 1999 to expand the protections of this act beyond the use of a computer to include the use of cell phones or any other electronic device. The bill goes on to define an electronic device as including but not limited to "a computer, cellular phone, thumb drive, video game system, or any other electronic device that can be used in the furtherance of exploiting a child for sexual purposes." The bill has been assigned to the Senate Judiciary Committee.
SB 128 would modify O.C.G.A. § 15-11-174 related to the Office of the Child Advocate and the confidentiality of records held by that office. The bill would clarify that records held by the Office of the Child Advocate are bound by the same confidentiality safeguards as records related to abuse and neglect held by DFCS as outlined at O.C.G.A. § 49-5-40 and § 49-5-44. The bill also requires that individuals wishing to obtain records from the Office of the Child Advocate must petition the original record holder of those records. The bill was favorably reported out of the Senate Special Judiciary Committee on February 21, 2007 and now awaits consideration by the Senate.
SB 188 would modify O.C.G.A. § 49-5-281 related to the Foster Parents Bill of Rights to extend the protections and application of the act to foster parents who provide care through private agencies in addition to foster parents who provide care for children who are in the custody of DFCS. The bill also allows any aggrieved person to request a hearing before an administrative law judge of the Office of State Administrative Hearings (OSAH) and to file an appeal pursuant to the Georgia Administrative Procedure Act. The bill passed out of the Senate Judiciary Committee on Monday, February 26, 2007 and awaits consideration by the Senate.
The Gold Dome was buzzing. The 2007-2008 General Assembly officially got under way this past Monday and it was pretty much business as usual. Both the returning and new state legislators were sworn in as their family members proudly looked on.
Foster Care License Plate Passes – WHAT A VICTORY!!!
On November 9th, Georgians went to the polls and showed their support for foster care. An overwhelming number of voters said YES to a Constitutional Amendment needed to grant approval for the specified use of funding as a result of the revenue generated by the creation of the foster parents license plate. Here is how it works. Beginning in January 2007, foster/adoptive parents can receive applications for the license plate, fill out this application and submit it to AFPAG along with $25 application fee and other fees. Once AFPAG receives a minimum of 1,000 requests for this specialized license plate, AFPAG will send one check and all applications to Department of Revenue and you will then receive your tag. After this initial process, all purchases will be made through individual counties. In reflecting on the new tag, AFPAG Legislative Chair Tony Blash said, “The passage of this amendment allows individuals and families who have always been supportive of fostering and foster families, to do it in a more concrete and substantial manner. It is a GREAT feeling.” What purpose will the tag serve? AFPAG actively worked along side State Representative Judy Manning of District 32 in Marietta, Georgia and others on “HB 1309” and later in the amended bill “HB 1053” supporting the creation of a specialized license plate for foster parents. We all realize the positive effect a stable home will have on the life of any child. For some time now, over 4,000 foster families all over this state have stepped up and opened their hearts and homes to provide a place for children in state custody to call home. It is our hope that very soon we will be able to show people everywhere that foster parents have big hearts and they are happy to care for and nurture those abused and neglected children who otherwise would find it difficult to secure their own futures. Foster parents do not consider nurturing and loving Georgia’s children as an obligation, but a blessing. These specialized plates will express and be a true testimony to the affect we can have on Georgia’s children when we stretch ourselves to go that extra mile. Blash shared, “This project is a beneficial project for foster parents and it was blessing to have worked on this project and is very exciting to see the license plate pass.” License plates will be available in July 2007 at a cost of $25 for the application fee and a soon to be decided manufacturing fee.
08/09/06- President Bush Signs Federal Legislation Expediting Relative Search
HR 5403 Summary: The most recent, signed version of HR 5403 (Public Law No: 109-239) can be found at http://thomas.loc.gov/home/gpoxmlc109/h5403_enr.xml)
What does HR 5403 say?
HR 5403 is a bill intended to improve the timeliness of interstate home studies for children awaiting foster care placement, or adoption. States are given a limit on the amount of time that they have to conduct a home study requested by another state. The bill defines home study as, “an evaluation of a home environment conducted in accordance with applicable requirements of the State in which the home is located, to determine whether a proposed placement of a child would meet the individual needs of the child, including the child’s safety, permanency, health, well-being, and mental, emotional, and physical development.”
- Section 3 of HR 5403 says that states need to have “procedures for the orderly and timely interstate placement of children.” This means that the states will need to have a plan and process for interstate placement.
- Section 4 of HR 5403 sets a time period in which home studies requested by another state must be completed. This time period is 60 days from the time that the state receives the request for a home study from another state. The state can request extra time that will allow the state to have a total of 75 days to complete the study “if the state documents the circumstances involved and certifies that completing the home study is in the best interests of the child.”
- HR 5403 says that a state must accept a home study that is given to it by another state.
- Section 473B of HR 5403 provides for a state to receive incentive payments from the federal government if it has a plan for interstate placement and carries out timely home studies. The state will receive $1,500 for each timely home study (A “timely home study” is one that is completed by the state within 30 days from the time that another state requests the study).
- Section 5 says that state agencies should cooperate with any court that has authority regarding “the placement of a child in foster care or for adoption, for the purpose of locating a parent of the child, and such cooperation should include making available all information obtained from the Federal Parent Locator Service.”
- Section 6 of HR 5403 makes clear that states may use private agencies to conduct the home studies if they need to in order to meet the time requirements.
- Section 7 requires that if a child leaves the foster care system because the child turns 18, the child is entitled to receive a copy of his, or her health and educational records free of charge.
- Section 8 gives a foster parent the “right” to be notified and to be heard in proceedings concerning her foster child. The old language was that foster parents had the “opportunity” to be heard
- 42 U.S.C. 675(5)(G) will now read, “the foster parents (if any) of a child and any pre-adoptive parent or relative providing care for the child are provided with notice of, and a right to be heard in, any review or hearing to be held with respect to the child, except that this subparagraph shall not be construed to require that any foster parent, pre-adoptive parent, or relative providing care for the child be made a party to such a proceeding solely on the basis of such notice and right to be heard.”
- 42 U.S.C. 638(b) is amended by inserting is amended by inserting “shall have in effect a rule requiring State courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State are notified of any proceeding to be held with respect to the child, and” after “highest State court”.
- Section 9 improves interstate placement by increasing the efficiency of courts through cooperation and sharing of information.
- HR 5403 further encourages the use of in-state and out-of-state placements when considering the placement of a child
Additional Questions:
- Is there now a deadline for finding placement? No. There is now a deadline for a state conducting a home study requested by another state, but there is not a deadline for placement.
- Does this stop some of the nonsense of Aunt Sally coming into the picture 8 months into the case plan? No. Aunt Sally always has the right to show up, but the fact that foster parents now have the “right” to be heard in any hearings concerning the child may assist in making sure that a placement is in the best interest of the child because it is a voice of a person who has come to know the child.
- Will judges be held to the law of 5403? Yes, to the extent that if they do not follow the law, a judicial decision can be challenged on appeal.
- What can we do as foster parents when DFCS and judges do not follow the federal law? (1) When DFCS does not follow federal law your remedy is to file a grievance under the Foster Parent's Bill of Rights. (2) When judges do not follow the law, you can (a) file a report with the Office of the Child Advocate; or (b) challenge a judge by appealing her decision. With regards to a foster parent's right to be heard, for example, a foster parent could motion the court asserting the right to be heard. If the judge denied the motion, the foster parent would then appeal that decision. In order for this strategy to be most effective, the motion should be submitted to the court in writing. It is recommended that you retain an attorney to assist you.
______________________________
Child Welfare Legislation Passed During The 2005-2006 Georgia Legislative Session
House Legislation
HB 334 Sponsor: Mumford, 95th
A BILL to be entitled an Act to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts, terms and compensation of judges, state grants for judicial salaries, qualifications, presiding judge, practice of law, and actions by judges including administration and expenditures, so as to provide for judicial salary supplements under certain circumstances; to provide for related matters; to provide for effective dates; to provide for an automatic repealer; to repeal conflicting laws; and for other purposes
HB 847
Sponsor: Butler, 18th
As passed, HB 847 included language from HB 1023, which eliminates the pregnancy exception for parental consent for minors seeking to marry. 16 and 17 year olds will require parental consent to marry. The final version of the bill raises the age to marry without parental consent to 18.
HB 1053
Sponsor: Mills, 25th
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms; to change certain provisions relating to commemorative license plates for Georgia organizations, promotional agreements, and fees; to repeal and reserve certain provisions regarding special license plates; to provide for special license plates promoting beneficial projects and supporting worthy agencies, funds, or nonprofit corporations, as determined by the General Assembly; to provide for issuance, renewal, fees, licensing agreements, applications, dedication of revenue, audits, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 1055
Sponsor: Keown, 173rd
Requires that by January 2007 each local board of education submit an acceptable use policy to the State Board of Education, outlining a policy for Internet usage designed to prevent students or employees from using any computer equipment to view, send or download child pornography.
HB 1059
Sponsor: Keen, 179th
To amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and residency requirements for sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to sodomy and aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed by persons of certain ages; to change certain provisions relating to statutory rape; to change certain provisions relating to child molestation and aggravated child molestation; to change certain provisions relating to enticing a child for indecent purposes; to change certain provisions relating to persons convicted of sexual assault against persons in custody; to change certain provisions relating to incest; to change certain provisions relating to sexual battery; to change certain provisions relating to aggravated sexual battery; to change certain restrictions on granting an appeal bond; to allow for judicial discretion for mandatory minimum sentences under certain circumstances; to create a new crime involving withholding information concerning a sexual offender and provide for penalties; to change a provision relating to the fixing of a sentence by a judge; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to add a provision relating to statutory aggravating circumstances for the imposition of the death penalty; to require the Georgia Crime Information Center to collect certain data; to provide that notice of conviction and release of a person who is required to register as a sexual offender shall be made for offenders sentenced directly to probation or who are newly established residents in a county; to permit publication of such notice in the legal organ of the county in which such person resides based on information available; to reorganize and change provisions related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to require registered sexual offenders to verify required registration information with the sheriff whenever any changes occur to certain information and verify information at least annually within 72 hours of the sexual offender’s birthday; to increase the duration for registration requirement; to provide for a procedure for certain sexual offenders to petition a court to be relieved of registration requirements; to require the sheriff to notify certain people and entities of the presence of sexual offenders in their community; to increase punishment for failure to comply with registration requirements; to change the appointing authority for the Sexual Offender Registration Review Board; to require the Sexual Offender Registration Review Board to classify sexual offenders; to require sexually dangerous predators to wear an electronic monitoring system for the balance of his or her life and to pay for such system; to require sexually dangerous predators to update required registration information twice yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual offenders from loitering in certain locations; to correct cross-references; to change provisions relating to sexual offenders conditions for parole; to change provisions relating to chemical treatment and counseling as a condition of parole for child molesters; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to allow the state and the defendant the right of direct appeal under certain circumstances; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 1092
Sponsor: Manning, 32nd
Creates the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health.
HB 1145
Sponsor: Ralston, 7th
As passed, this bill included SB 522, also known as Amy's Law. This language allows juvenile court judges to commit juvenile offenders to restrictive confinement in DJJ through age 21.
HB 1358
Sponsor: Coleman, 97th
Establishes class sizes for K-8 regular classes in law. Currently class sizes are set by state board of education through the rules process. The number of students in each classroom is limited to 20% over the funding ratio. The state board of education will continue to define class sizes for remedial, vocational, alternative, early intervention, and high school. The state board may grant a waiver after the October FTE count if educationally justified. A governor’s proposal.
Georgia PTA supports lowing of class sizes. But PTA also thinks the regulatory function needs to be moved to the Department of Education where necessary changes can be made much more quickly than changing law.
HR 1564
Sponsor: Dollar, 45th
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Senate Legislation
SB 390
Sponsor: Chance, 16th
Requires school districts to spend a minimum of 65% of total operating costs on direct classroom expenditures. Direct classroom expenses include teacher salaries and benefits, instructional materials and supplies and field trips. Areas not covered include administration, food service, transportation, teacher training, media centers and support staff such as nurses and counselors. Would be effective beginning Fiscal Year 2008.
SB 442
Sponsor: Moody, 56th
Amends language on reporting of child abuse to state that under no circumstances shall persons in authority to whom abuse is reported exercise any restraint or modify information included in original report. Also clarifies that an oral report must be made to proper agency within 24 hours. Current language says report must be made as soon as possible.
SB 135
Sponsor: Smith, 52nd
Any child charged with a crime within the jurisdiction of superior court who is detained shall have the charge against him presented to a grand jury within 180 days of the date of detention. One extention not to exceed 90 days can be granted by the court. If these time limits are violated, the child's case will be returned to the juvenile court.
SB 136
Sponsor: Smith, 52nd
All children subject to jurisdiction of juvenile court shall have the same right to bail as adults. Any person with legal custody or adult blood relative may post bail but will be required to immediately return the child to the legal guardian.
Sources:
Voices for Georgia’s Children
http://www.ciclt.com/gavoices/
Georgia General Assembly Web Site
http://www.legis.state.ga.us/

|
 |