Fulton County Family Court

Act Number

Subject

Summary

Juvenile Proceedings

This Act changes provisions relating to hearings in juvenile court and provisions relating to the disposition of a deprived child. The Act provides for certain requirements and procedures when changing the placement of children who are in the custody of the Division of Family and Children Services. It will require DFCS to give notice and an opportunity for a hearing to all children ages 14 and older, parents, guardians, custodians, and attorneys of record when DFCS proposes a change to a child’s placement. Additionally, parties may file a motion to request a change in placement, and the court can direct DFCS to change the child’s case plan. This Act may help parents whose children have been removed to be more involved in the placement of their children. This Act amends O.C.G.A. §§ 15-11-21, 15-11-55 and 49-5-3. Effective July 1, 2007.

Juvenile Proceedings

This Act requires that foster and pre-adoptive parents, as well as care-givers related to the child, be given notice of their right to be heard at certain hearings and proceedings. It provides procedural safeguards in permanency hearings by assuring there is a consultation with the child, in a manner appropriate for their age, concerning the proposed permanency and transition plan for the child. Consideration by the court of in-state and out-of-state placements for children at permanency plan hearings is required. Records held by the Office of the Child Advocate for the Protection of Children are to be kept confidential. The Department of Human Resources shall be required not to disclose or use information from child abuse and neglect registries obtained from other states for any purpose other than to conduct background checks, prior to foster care and adoptive placements. DHR is allowed to provide health and education records to children who leave foster care upon reaching the age of majority. Amends O.C.G.A. §§ 15-11-55.1, 15-11-58, 15-11-104, 15-11-174, 49-5-40 and 49-5-41. Effective May 24, 2007.

Child Custody

This Act provides for changes in child custody proceedings It provides for direct appeals from all judgments or orders in child custody cases and changes certain provisions relating to cases requiring application for appeal. The Act adds information to filing and dispositional forms in domestic relations cases. It clarifies that there is no legal presumption in favor of either parent or a particular form of custody, either legal or physical. It specifies numerous factors that a court may consider in evaluating what form of custody is in the best interest of the child, including whether one parent has engaged in domestic violence against the other parent or the child. It provides for written findings of fact in custody proceedings. It requires custodial and non-custodial parents to provide notification of a change of address under certain circumstances and also provides for attorney’s fees, expenses of litigation and other costs in child custody proceedings. The Act also requires parties to submit a “parenting plan” in all custody cases to outline how custody and visitation will be handled. Note: it excludes temporary protective orders from this requirement, because victims who need short-term relief should not be burdened with the additional requirement of a parenting plan. Amends O.C.G.A. §§ 5-6-34, 5-6-35, 9-11-133, 19-5-1, 19-7-22, §§ 19-9-1 through 19-9-7 and enacts O.C.G.A. Sections §§ 19-9-1.1 and 19-9-1.2. Effective January 1, 2008 and applicable to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.

Adoption proceedings

This Act provides for pre-birth surrender of rights of a biological father to a child being placed for adoption. It provides for the dissolution of surrender rights signed by the birth mother if the biological father legitimates the child and the adoption is not granted. It clarifies the authority of a birth mother to sign either a voluntary acknowledgement of legitimation or of paternity following her execution of a surrender of parental rights in support of an adoption of the same child. This Act amends O.C.G.A. Sections §§19-8-4, 19-8-5, 19-8-7, 19-8-9, 19-8-12 and 19-8-26. Effective July 1, 2007, and applicable to proceedings filed on or after July 1, 2007.

Adoption proceedings

This Act requires a petitioner in an adoption proceeding to submit to a criminal history background check by submitting his or her fingerprints to the Georgia Crime Information Center (GCIC), which shall in turn notify the Court in writing of the presence or the absence of any derogatory finding. Amends O.C.G.A. § 19-8-16. Effective July 1, 2007.

Child support

The Federal Deficit Reduction Act requires states to pay fees to the federal government for child support collected on behalf of parents who have never received TANF. This Act authorizes the Department of Human Resources to impose this cost onto consumers and to collect $12 from custodial parents and $13 from non-custodial parents on an annual basis. This Act amends O.C.G.A. §§ 19-11-6 and 19-11-8. Effective July 1, 2007.