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Legislation For updates on juvenile court legislation in Georgia, visit the website of the Barton Child Law and Policy Clinic and sign up for their e-mail updates (look for "Mail List" in the left column. Better Courts for Kids was instrumental in the passage of Georgia Open Court Legislation SB207 that opened juvenile court hearings in Georgia for abused and neglected children. While the law went into effect in 2010, it is still in the process of being implemented in all courts in the state. SB 207 amends O.C.G.A. § 15-11-78 to allow the general public to attend juvenile court proceedings for abuse and neglect. The judge can close the proceedings upon a finding that (1) exceptional circumstances exist, (2) the proceeding involves allegations of a sexual offense or (3) closing the proceeding is in the best interest of the child, considering the child's age, the nature of the allegations, and any potential effect of publicity on achieving reunification of the family. Additionally, the court may refuse to admit any person to a hearing upon making a finding on the record that the person's presence would be detrimental to the best interest of the child, impair the fact-finding process, or otherwise be contrary to the interest of justice. Federal Authorizing Legislation: Section 106 of the Child Abuse Prevention and Treatment Act (CAPTA) as amended by the Keeping Children and Family Safe Act of 2003, Public Law 108-36. Link to a summary of CAPTA that provides flexibility for States to determine open court policies for cases of child abuse and neglect. Minnesota Statute - Order Establishing Pilot Project on Open Hearings in Juvenile Protection Matters (See Appendix A page A-1) NOTE Microsoft Word document National Council of Juvenile and Family Court Judges (NCJFCJ), a group of more than 1,600 judges, referees, commissioners, masters and other juvenile and family law professionals dedicated to improving the effectiveness of the nation's juvenile courts, passed a resolution in support of presumptively open hearings, Resolution 9 passed in July, 2005 PDF Table of summary of state laws as of 2004 PDF from Confidentiality Statutes of Child Protection Proceedings Michelle Garcia & Charisa Smith, Yale Law School 2004 |
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