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HB 0544 - Records and hearings; sharing of confidential information; provide

Tracking Level: Hot
Sponsor: Willard,Wendell 49th
Last Action: 4/3/2009 - House Withdrawn, Recommitted
House Committee: Judy
Assigned To:
RecordsNext Bill
Student MattersNext Bill

Staff Analysis of the Legislation

SUMMARY:

            This bill would amend Part 8 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A. to provide for sharing of confidential information and to define a term.

 

REQUIREMENTS:

  • The term “governmental entity” would be defined extensively to include:
    • Court;
    • Superior court;
    • Department of Juvenile Justice;
    • Division of Mental Health, Developmental Disabilities and Addictive Diseases within the Department of Human Resources;
    • Division of Family and Children’s Services within the DHR;
    • County DFACS;
    • Law enforcement units;
    • Public school.
  • The bill would mandate sharing of all information not considered confidential by the federal government among the agencies listed.
  • The information would not be allowable as evidence to assist the prosecution of a child in juvenile or superior courts or utilized to the detriment of the child.
  • It would not allow any such information to then become subject to public disclosure unless otherwise required by law.

 

NOTE:

            There is no definition of “utilized to the detriment of the child.”  How would school systems be protected from lawsuits on the basis of releasing information that a parent and his/her lawyer considered detrimental?


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