ATLANTA— State Representative Andy Welch (R-Locus Grove) recently attended bill signing ceremonies for Senate Bill 8, or Rachel’s Law, House Bill 17, or The Hidden Predator Act, and Senate Bill 138, reforming Georgia’s child welfare system. Governor Deal signed these bills into law at a series of bill signing ceremonies held at the State Capitol on Tuesday, May 5, 2015.
“With the passage of these bills, we as a state improve our ability to fight against child abuse, in its many pernicious forms. I am thankful to Governor Deal and my colleagues in the House and Senate for their leadership on these policies which defend and safeguard our most vulnerable citizens: our children,” said Rep. Welch.
Senate Bill 8 establishes the Safe Harbor for Sexually Exploited Children Fund Commission and creates a separate fund in the state treasury called the Safe Harbor for Sexually Exploited Children Fund. The revenues collected from an assessment on strip clubs and fines imposed on perpetrators will be used exclusively to prevent child sexual exploitation and trafficking and provide rehabilitative services to the victims of such heinous crimes. For these revenues to become effective the people of the state must approve a corresponding constitutional amendment, SR 7, in November 2016.
During the 2015 legislative session, Rep. Welch co-sponsored the House version Rachel’s Law, HB 244 and HR 223.
House Bill 17, also known as the Hidden Predator Act, sponsored by State Rep. Jason Spencer (R-Woodbine), extends the statute of limitations for civil actions for victims of child sexual abuse. Under HB 17, if the childhood sexual abuse was committed before July 1, 2015, this bill requires the action to be brought on or before the date which the plaintiff reaches the age 23. If the abuse was committed on or after July 1, 2015, this bill requires the action to be brought on or before the date that the plaintiff turns 25.
The bill also provides a two-year retroactive window to allow revival of civil cases that have been time-barred by Georgia’s current five-year statute of limitations for child sexual abuse cases. Such actions may only be filed against the
individual alleged to have committed the abuse; no claim may be brought under the revival window against a third-party entity.
Senate Bill 138 is designed to improve communication within child welfare groups, such as state agencies and foster parents. The new law codifies an executive order giving the director of the Division of Family and Children Services (DFCS) a more direct line to the governor, while also creating district and state level advisory boards that will facilitate rulemaking and delivery of services within DFCS. The legislation further grants foster parents and other care providers access to appropriate medical and educational records, and it supports the sharing of relevant data between agencies to give caseworkers a more complete picture of a child’s or family’s interaction with the state. In addition, SB 138 re-establishes the Child Abuse Registry, which will handle cases with sufficient evidence indicating that abuse has occurred, while meeting the constitutional requirements of due process. This legislation supplements Georgia’s other recent work in this area, which includes adding over 450 caseworkers in two years and funding several recommendations by the Child Welfare Reform Council.
For more information on SB 8, please click here.
For more information on SR 7, please click here.
For more information on HB 17, please click here.
For more information on SB 138, please click here.
Representative Andrew Welch represents the citizens of District 110, which includes portions of Butts, Henry, and Newton Counties. He was elected into the House of Representatives in 2010, and currently serves as the Vice Chairman to the Appropriations Subcommittee on Economic Development and Vice Chairman to the Code Revisions Committee. He also serves on the Judiciary, Juvenile Justice, and Regulated Industries committees.
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