Victories and Delays in Georgia

As I mentioned in last week’s email about arrested Georgia mom Brittany Patterson, we have been championing two pieces of parental rights legislation in Georgia this year, with mixed results.

Senate Bill 110 (SB 110), introduced by Senator Anavitarte, is Georgia’s version of the Reasonable Independence model we put together with LetGrow several years ago, which is already law in eight states. This bill tightens the definition of “neglect” to exclude instances of a parent giving their growing child increased independence through things like walking to school, riding their bike to the park, or being left home alone for a reasonable, age-appropriate amount of time.

Parents, not the government, should be able to decide when their child is ready to take these steps.

So far, SB 110 is shaping up to be our Georgia success story this year. It passed the Senate on March 4 by a vote of 52-1. Then, it was assigned to the House Judiciary Juvenile Committee, where it was “favorably reported” (that is, passed) on March 13. We are awaiting its final vote on the House floor, with no reason to think it will fare any worse there than it did in the Senate.

In short, SB 110 is one House vote away from making it to the Governor’s desk for signature into law.

House Bill 552 (SB 552), the Brittany Patterson Act, did not fare as well. It failed to make it out of the House Judiciary Juvenile Committee before the state’s cross-over date earlier this month. (Some states require that all bills pass out of their house of origin by a set “crossover date,” or else they cannot be considered by the other house. Bills that fail to make the crossover deadline are dead for that session.)

This is not surprising for a bill making its way through the legislature for the first time. Unlike SB 110, HB 552 did not have the benefit of being law in eight states already. So, HB 522’s introduction in the House this year was the beginning of the conversation on what the bill seeks to do—protect innocent children and parents like Brittany Patterson by limiting police interference.

HB 552 is directed at law enforcement. It would prohibit officers from interfering in the decisions of a parent regarding their minor child traveling independently or engaging independently in outdoor play. It outlines three questions to gauge abuse or neglect:

·       Is the child injured?

·       Is the child in distress?

·       Is the child at imminent risk of significant injury or other harm from an identifiable source?

David DeLugas, Brittany’s lawyer and the primary author of the bill, notes that if law enforcement had applied these questions to Brittany’s son on October 30th, she would never have been arrested; her son would never have been carried home in the back of a squad car. He was not injured, in distress, or at imminent risk from an identifiable source. This latter prong is so worded because “something bad could happen” is just not a strong enough reason for police to intrude in the life of a growing and exploring child. If he is not breaking the law, but simply exercising freedom of movement that his parent has granted, then leave him alone!

I spoke with Brittany and David for an upcoming episode of our EPPiC Broadcast podcast, to air March 25th, and David indicated that he intends to bring this bill back to the legislature next year.

On the whole, our progress in Georgia this year gives us a lot to be excited about. SB 110 is one vote away from the governor’s desk and will ensure that allowing your child some reasonable independence does not constitute neglect. And HB 552, which failed to get a hearing, has nevertheless started the discussion among lawmakers about when it should or should not be lawful for law enforcement to intrude in the life of a child out walking alone. While the bill cannot pass this year, that discussion is far from over.

Thank you for standing with us as we work to promote common sense policies like these in Georgia and around the country. Together, we are protecting children by empowering parents.

Let me encourage you in parting to listen to next week’s episode of the EPPiC Broadcast with Brittany Patterson and Devid DeLugas. And one last request: why not share this email with a friend or family member who also cares about their children and their parental rights?