[−] removed[+] addedOfficial text
[−]removed: 25 LC 57 0272S
The [+]added: AM 56 0027
ADOPTED
Representative Clark of the 100th offers the following amendment:
Amend the Senate Committee on Children and Families [−]removed: offered the following
substitute to HB [−]removed: 253:
A BILL TO BE ENTITLED
AN ACT
[+]added: 253 (LC 57 0272S) by deleting lines 1 through the end and inserting in lieu thereof the following: To amend [−]removed: Article 1 of Chapter 9 of Title 19 of the Official Code [+]added: of Georgia Annotated, relating to [−]removed: general provisions relative to child custody proceedings, [+]added: domestic relations, so as to [−]removed: prohibit the court from [+]added: enact "Ethan's Law"; to provide limitations on ordering [+]added: a child to be sent to a family reunification [−]removed: treatments or [+]added: program; to revise provisions relating to safe places for newborns; to authorize ambulance services [−]removed: in cases in which the [+]added: to accept physical custody of a [−]removed: child is at issue; [+]added: newborn; to [+]added: authorize the placement of newborn safety devices; to provide for [−]removed: a definition; [+]added: definitions; to provide for [−]removed: related matters; [+]added: limited liability; to provide for [+]added: transport of newborns to nearest medical facility; to provide for specifications for newborn safety devices; to provide for a short title; to provide [+]added: for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as "Ethan's Law." SECTION 2. [−]removed: Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to [−]removed: general provisions relative to child custody proceedings, [+]added: domestic relations, is amended by revising paragraph [−]removed: (7) [+]added: (2) of subsection (a) of Code Section 19-9-3, relating to [−]removed: the establishment and review of child custody and visitation, as follows: [−]removed: "(7) [+]added: "(2) The judge [−]removed: is authorized to order [+]added: hearing the issue of custody shall make a [−]removed: psychological [+]added: determination of custody [−]removed: evaluation of [+]added: a child and such matter shall not be decided by a jury. The judge may take into consideration all the [−]removed: family or an independent medical evaluation.; provided, however, that [+]added: circumstances of the [+]added: case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child should be awarded. The duty of the judge [+]added: in all such cases shall [+]added: be to exercise discretion to look to and determine solely what is for the best interest of the child and what will best promote the child's welfare and happiness and to make his or her award accordingly. The judge shall not order family reunification [−]removed: treatments or [−]removed: services. In addition to the privilege afforded [+]added: unification treatments, programs, or services, including, but not limited to, camps, workshops, therapeutic vacations, or educational programs, that, as a [−]removed: witness, neither [+]added: condition of enrollment or participation, require or result in any of the following: (A) Violation of a court [−]removed: appointed custody evaluator nor [+]added: order requiring that a [−]removed: court appointed guardian ad litem shall be subject to civil liability resulting from any act [+]added: child have no contact with his or [−]removed: failure to act [+]added: her parent or legal guardian; (B) The use of private youth transporters or private transportation agents engaged in the [−]removed: performance [+]added: use of [+]added: force, the threat of force, physical obstruction, acutely distressing circumstances, or circumstances that place the safety of the child at risk; (C) A no-contact period between the child and his or her [−]removed: duties unless such act [+]added: parent or [−]removed: failure to act was in bad faith." [+]added: legal guardian; or (D) An out-of-state stay." SECTION 3. Said [−]removed: article [+]added: title is further amended [−]removed: in Code Section 19-9-6, [+]added: by revising Chapter 10A, relating to [−]removed: definitions relative [+]added: safe place for newborns, as follows: "CHAPTER 10A 19-10A-1. This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2002.' 19-10A-2. As used in this chapter, the term: (1) 'Ambulance service' means an ambulance provider licensed pursuant to [−]removed: child custody proceedings, by adding [+]added: Chapter 11 of Title 31. (1)(2) 'Fire station' means a [−]removed: new paragraph, [+]added: facility of any fire department which is authorized to [−]removed: read [+]added: exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. (2)(3) 'Medical facility' means any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or facility where human births occur on a regular and ongoing basis which is classified by the Department of Community Health as [−]removed: follows: "(3.1) 'Family reunification treatments [+]added: a birthing center, but shall not mean physicians' or [−]removed: services' [+]added: dentists' private offices. (4) 'Newborn safety device' means [−]removed: any therapeutic intervention [+]added: an enclosed, locked, and monitored receptacle that meets the requirements of Code Section 19-10A-8 in which [−]removed: requires: (A) Court ordered restrictions [+]added: a newborn child can be safely placed. (3)(5) 'Police station' means a facility of any sheriff's office, municipal police department, or county police department. 19-10A-3. It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a mother who abandons the newborn. 19-10A-4. A mother shall not be prosecuted for violating Code Section 16-5-70, 16-12-1, or 19-10-1 because of the act of leaving her newborn child, provided that the newborn child is no more than 30 days old: (1) In in the physical custody of an employee, agent, or member of the staff of a medical facility, fire station, or police station, or ambulance service who is on [−]removed: contact between [+]added: duty, whether there in a [+]added: paid or volunteer position, provided that the newborn child [+]added: is no more than 30 days old and [+]added: the mother shows proof of her identity, if willing, to the person with whom the newborn is left and provides her name and address, if willing; or (2) In a [−]removed: parent [+]added: newborn safety device. 19-10A-5. The Department of Human Services shall investigate and report to the General Assembly as to children left with a medical facility, fire station, or [−]removed: legal guardian; (B) Overnight stays [+]added: police station, or ambulance service or in a newborn safety device pursuant to Code Section 19-10A-4, including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for [+]added: providing information to and answering questions from the public and employees and staff members of medical facilities, fire stations, and police stations, and ambulance services concerning the acts and consequences thereof contemplated in Code Section 19-10A-4. 19-10A-6. A medical facility which accepts a [+]added: newborn child [+]added: for inpatient admission pursuant to Code Section 19-10A-4 or a fire station, or police station, or ambulance service which accepts a newborn child left or receives a child placed in [−]removed: an out-of-state [+]added: a newborn safety device pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility, [−]removed: hotel, motel, [+]added: fire station, or [−]removed: camp; (C) [+]added: police station, or ambulance service shall immediately arrange for transport of the newborn child to the nearest medical facility and notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The [−]removed: use [+]added: Department of [−]removed: private youth transporters [+]added: Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 15-11-145. 19-10A-7. Medical facilities, fire stations, and police stations, and ambulance services and their employees, agents, and staff members shall not be liable for civil damages or [−]removed: private transportation agents engaged [+]added: subject to criminal prosecution for failure to discharge the duties provided for in [+]added: this chapter. The immunity provided in this chapter shall in no way be construed as providing immunity for any acts of negligent treatment of the [−]removed: use [+]added: child taken into custody. 19-10A-8. The Department of [−]removed: force, threat [+]added: Human Services shall develop standards for a sign that shall be posted at any medical facility, fire station, or police station to inform the general public that such facility is an authorized location to leave a newborn child as provided in this chapter. The Department of [−]removed: force, physical obstruction, [+]added: Human Services shall provide by rule and regulation for the size and type of such sign and where such sign should be located within or [−]removed: coercion against [+]added: outside of such facility. (a) A medical facility, fire station, police station, or ambulance service shall be authorized to install a [−]removed: child; [+]added: newborn safety device if the device is located in an area that is conspicuous and [−]removed: (D) [+]added: visible to employees, agents, or staff members of such facility or station and such facility or station is staffed by an emergency medical services provider on a 24 hour, seven days per week basis. (b) A newborn safety device installed pursuant to this Code section shall include a dual alarm system that meets or exceeds the following specifications: (1) One alarm shall connect the newborn safety device to the facility or station and shall be tested at least once per month, and the second alarm shall monitor the device's interior and shall be checked at least twice per day to ensure that the dual alarm system functions properly; and (2) The [−]removed: attendance of, [+]added: dual alarm system shall include the functionality to dispatch the nearest ambulance service to retrieve a newborn child if all medical facility, fire station, police station, or [−]removed: participation in, educational [+]added: ambulance service employees, agents, or [−]removed: experimental workshops." [+]added: staff members have been dispatched to an emergency or are otherwise off site." SECTION 4. This Act shall become effective on July 1, 2025. SECTION 5. All laws and parts of laws in conflict with this Act are repealed.