In June, the U.S. Supreme Court issued its much-anticipated decision in Haaland v. Brackeen, a case brought in separate actions by the state of Texas, a biological mother, and non-Native American adoptive and potential adoptive parents challenging the constitutionality of the Indian Child Welfare Act (ICWA).
The Georgia Division of Family and Children Services dissolved its child abuse registry after four years. Officials say the database made it more difficult to accurately track and punish abusers. However, cases are still tracked via the SHINES Portal, the statewide, automated child welfare information system. Barton Child Law and Policy Center Executive Director Melissa Carter tells the AJC why the dissolution was prudent.
While Georgia law is clear that not properly caring for a child can be a criminal offense, the state (along with most others) doesn't have a law that specifies at what age a child can be left unsupervised. "Age-based rules can be arbitrary and give a false sense of confidence regarding a child's safety," Melissa Carter, executive director of the Barton Child Law and Policy Center, told 11 Alive. "An older child might need supervision due to special needs or disabilities, whereas a younger child may have taken babysitting courses that have prepared him or her for greater responsibility."
Oklahoma lawmakers may soon sanction private adoption agencies turning away same-sex couples, Religion News reports. Melissa Carter, executive director of the Barton Child Law and Policy Center at Emory Law, opposes Georgia legislation similar to Oklahoma's, calling it unneeded and "unnecessarily hostile from a values standpoint." But she adds: "I don't think it's true that we've seen either a notable increase or a notable decrease (in adoptions) as a result of these bills."
Some Georgia senators say allowing adoption agencies to turn away married gay couples will result in more adoptions of foster children, according to a recent bill. Georgia shouldn't pass laws that encourage adoption agencies to turn potential parents away, said Melissa Carter, executive director of Emory Law's Barton Child Law and Policy Center. Gay children could be harmed if SB 375 passes and faith-based adoption agencies send them back to foster care, she said. "Children will stay in foster care longer, and the longer they stay in foster care, they're less likely to be adopted," Carter said.
Proposed changes to Georgia's adoption laws are overdue, says Barton Child Law and Policy Center Executive Director Melissa Carter. Changes include shortening the time a birth mother can change her mind after signing adoption documents from 10 to four days, and allowing adoptive parents to reimburse the birth mother for basic living expenses during the pregnancy. Present laws haven't been updated since 1990. "Prospective adoptive parents will look to adopt children in other states where the laws are more friendly," Carter said. "This bill is a necessary and overdue modernization of our adoption laws."
A City of South Fulton councilwoman has proposed a controversial law that could send parents to jail and fine them for their children 's crimes. Paul Howard, the Fulton County district attorney, said in a statement that he thought the proposal could be unconstitutional. "It's hurting the wrong person," said Randee Waldman, director of Emory Law's Barton Juvenile Defender Clinic. "They're not standing next to their kids while they're committing crimes."
Georgia Gov. Nathan Deal says he opposes a Senate effort to add "religious liberty" protections to a bill dealing with adoptions, a change that could allow private adoption agencies receiving public money to refuse to place children with LGBT families. Melissa Carter, director of Emory's Barton Child Law and Policy Center, is also concerned the bill could be defeated because of the proposed change. "It's certainly a possibility that the entire bill could be lost as a casualty of these efforts," she said. Lost in the fight is how much the present laws need an update, she says. "As a legal practice, adoption is a highly technical area. Over time it needs to be updated and modernized."
Georgia Governor Nathan Deal has appointed Melissa Carter to the Georgia Commission on Family Violence.
Most of Georgia's child welfare system would be dismantled and turned over to private companies under a new bill introduced this week by Senate lawmakers.
A plan to put private organizations in charge of Georgia¿s approximately 7,000 foster children is moving too fast for some child advocates who want more study before overhauling the system.
A working group of state senators Monday heard a second round of testimony on whether the state should further privatize its foster care system.