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HB 0359 - Supporting and Strengthening Families Act; enact

Tracking Level: Monitor
Sponsor: Barry Fleming
Last Action: 5/9/2017 - Veto V4
House Committee: Judiciary
Senate Committee: Health and Human Services
Assigned To:
07. Juvenile CourtsNext Bill
CivilNext Bill

Staff Analysis of the Legislation

HB 359 amends Title 19 of the Official Code of Georgia Annotated by repealing Article 4 of Chapter 9 and replacing it with a new article - The Supporting and Strengthening Families Act - that allows parents to delegate caregiving authority to qualified persons without compensation for up to one year. Those individuals include: individual who reside in Georgia and are the great-grandparent, grandparent, step-parent, former step-parent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling of the child, an agent by an organization licensed as a child placing agency, or a nonprofit focused on child or family services in good standing with the Internal Revenue Service (IRS). In addition, these individuals may never have been on a child abuse or child sexual offender registry in any state.


The power of attorney must be signed under oath before a notary public. A copy of the power of attorney must be filed with the probate court of the county where the parents reside. This power of attorney will not delegate caregiving authority to more than one child, unless they are siblings or stepsiblings. The power of attorney shall not constitute abandonment, child abuse, or neglect, unless the person executing the power fails to take custody back at the end of its duration.This act does not include powers in special cases such as marriage or adoption of the child, abortion, or termination of parental rights. The power of attorney does not need to be done through a court order, and it cannot limit existing child support. In addition, those granted authority must follow requirements in terms of school enrollment and emergency medical treatment.


If temporary authority is granted, there is a requirement of notice by the person who has custody of the child to the noncustodial parent, and the non-custodial parent's right to object are addressed. Special extensions on the one year time limit  will apply to particular members: grandparents may have unlimited time and members of the U.S. armed may be extended not exceed the term of deployment plus 30 days.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text