Introduction & Overview of the Child Protection and Public Safety Act (SB 292)

Senate Bill 292, also known as the Child Protection and Public Safety Act, was introduced by Senator Bill Hamrick at the end of the 2009 legislative session of the Georgia General Assembly. SB 292 is a complete revision to Georgia's current juvenile code. To stress the importance of this bill, the juvenile code guides how the State handles anything coming into the juvenile court system- abuse & neglect, custody, criminal charges brought against minors, truancy, runaways, fighting, and any other case that requires the juvenile court to get involved.


The current juvenile code (in Georgia) is a mess. It is not in compliance with federal laws, it is disorganized, and it does not reflect the many advances in research and practice that correlate to child development and welfare. SB 292 is a vital component to decriminalizing childhood and getting our children off of the "Schoolhouse to Jailhouse track."


SB 292 divides the proposed juvenile code into twelve articles and makes many changes to the current laws. A general overview of the articles are as follows:

• Article 1- General Provisions- Defines general words used in the code (i.e. "child," "adult," and "delinquent act,") and lays out the basic principles of the code.


• Article 2-Juvenile Court Administration- Explains the creation and administration of the juvenile courts and the processes of how judges are appointed.


• Article 3- Deprivation- Governs child neglect, abuse, and custody.


• Article 4- Termination of Parental Rights- Governs the procedures to involuntarily (forcefully) terminate a parent's custody and control over his or her child(ren).


• Article 5- Independent Living Services- Provisions for children in foster care to make sure that they receive opportunities to plan for their futures. This article also contains provisions that provide assistance to help children in foster care develop the necessary skills to start successful adult lives.


• Article 6- Children in Need of Services- (New approach) Provisions to deal with children that commit "status offenses" (acts that would not be considered criminal if they were committed by an adult i.e. drinking alcohol and running away from home), children who are considered "unruly" and/or"habitually disobedient," and children whose behavior repeatedly place themselves or others in unsafe circumstances. The current Code criminalizes these behaviors and children often end up in detention or on probation. This new approach aims to address these issues by providing services to the children/families via a holistic approach.


• Article 7-Delinquency- Governs juvenile activity/behavior that would be considered criminal if the same activity/behavior were committed by adults.


• Article 8- Competency in Delinquency Cases- Governs how courts will determine whether a child is competent (has the mental ability and capacity to assist their attorneys in their defense) to participate in a delinquency hearing and how the court should proceed if a child is not competent.


• Article 9- Parental Notification- Provisions address the requirement that parents be notified when minors seek abortions.


• Article 10- Access to Hearing and Records- Governs public access to hearings and records in juvenile proceedings (making almost everything confidential).


• Article 11- Emancipation- Governs the process minors can use to act as legal adults and assume responsibility over his or her own care. Emancipation also allows minors to enter into legal contracts and releases parents from their obligations and right to their child(ren).


• Article 12- Child Advocate for the Protection of Children- Provisions establishing the Office of the Child Advocate (OCA) and its operation.

Over the next few weeks, I will go into more detail about each article of SB 292. I encourage everyone to read the blog and discuss your reactions on the blog, at the advocacy meetings in your communities, and with your legislatures. Ask questions, get answers, submit ideas. This blog is here to help. Let us turn this into a forum where we take responsibility for our children and advocate for them since they are not able to advocate for themselves. We have the opportunity to change things, and I hope we take full advantage of it.