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GA HB464

Bill

Status

Passed

5/2/2022

Primary Sponsor

Mitchell Scoggins

Click for details

Origin

House of Representatives

2021-2022 Regular Session

AI Summary

  • Authorizes probate courts to enter a discretionary order transferring a petition for appointment of a temporary guardian of a minor to the juvenile court, which must then hold a notice and hearing to determine whether the guardianship is in the minor's best interests
  • Clarifies that a probate court order transferring a temporary guardianship petition to juvenile court constitutes a proper order under Code Section 15-11-11 (governing juvenile court jurisdiction)
  • Changes the standard for temporary guardianship hearings from the "best interest" (singular) to the "best interests" (plural) of the minor, aligning with Code Section 15-11-26 and other applicable Georgia law
  • Revises Code Section 29-9-3 to restructure how courts assess and allocate costs, compensation, fees, and expenses in guardian and conservator proceedings, shifting from mandatory directives to discretionary factors the court must consider
  • Adds a new subsection defining "abuse, neglect, or exploitation" for fee-allocation purposes, encompassing conduct such as trafficking, sexual offenses, serious violent felonies, elder abuse, and conduct triggering investigations under Georgia's protective services statutes

Legislative Description

Guardian and ward; petition for appointment of temporary guardian of minor filed in probate court may be transferred to juvenile court; provide

Last Action

Effective Date 2022-07-01

5/2/2022

Committee Referrals

Judiciary3/9/2021
Juvenile Justice2/17/2021

Full Bill Text

No bill text available