GA law permits attorney ad litem appointment to review DFCS’s decision NOT to terminate parental rights

In April 2024, the Georgia legislature enacted SB 376, a law permitting the court to appoint an attorney ad litem to review the Division of Family & Children Services’ decision not to terminate parental rights.  If the attorney ad litem disagrees with the Department’s determination, they may file a petition to terminate parental rights.  The law provides:

At least 30 days prior to the fifteenth month a child has been in foster care and when the court deems appropriate, the court shall review DFCS’s determination that filing a petition to terminate parental rights would not be in the best interests of such child, as provided for in paragraph (2) of subsection (b) of this Code section. Such hearing may be in conjunction with other matters of the case. At such hearing, the court may appoint an attorney guardian ad litem, who may, after his or her own determination, file a petition to terminate parental rights on behalf of the child. The court in its sole discretion may make any additional rulings.

Ga. Code Ann. § 15-11-233(d).  Under Ga. Code Ann. § 15-11-104, children in abuse cases are already entitled to a guardian ad litem.

Not a single vote in opposition to the bill was recorded.  It was touted as “[i]mprov[ing] timely permanent placement of a child removed from his or her home by the Georgia Division of Family and Children Services.” See Lieutenant Governor of Georgia, Press Release: Lt. Governor Burt Jones Protects Georgia Families; Senate Passes Children and Families Package (Feb. 22, 2024).