Georgia House Bill HB1141

Georgia 2025-2026 Regular Session

• Introduced: 2/2/26

Caption

Courts; availability of medical records to a parent or legal guardian when a child is taken into medical custody; provide

Impact

The bill mandates that any medical records related to the child's treatment while in temporary protective custody must be made available to the parent or legal guardian within five business days of the child's intake. It further specifies that notification of the record's availability must occur through reliable methods, including email or postal service. The law introduces a penalty for non-compliance, imposing a fine of $500 for each day the records are not made available beyond the specified timeframe. This approach underscores the necessity of timely communication and access to medical information concerning children in protective situations.

Summary

House Bill 1141 amends Code Section 15-11-131.1 of the Official Code of Georgia Annotated regarding a parent or legal guardian's right to obtain an independent medical evaluation or pediatric specialty consultation for a child taken into medical custody. The bill specifies that parents or guardians can request such evaluations at their own expense unless otherwise restricted by a court order. This provision aims to enhance parental involvement in the medical care of their children during protective custody situations.

Contention

One notable contention surrounding HB 1141 could arise from the provision that imposes financial penalties on entities that fail to provide medical records promptly. Critics may argue that such penalties could overwhelm smaller medical facilities or social services that may not have the resources to comply within the strict five-day window. Additionally, the need for such legislation is likely to be debated, with some stakeholders questioning whether existing processes adequately protect parental rights and child welfare without introducing additional burdens. The bill's passage will prompt discussions on balancing timely access to medical care and the operational capabilities of health and child services.