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Online Home of The Barton Child Law and Policy Clinic of the Emory University School of Law

Barton Clinic Activities

Internships and Fellowships . Classroom Teaching . Presentations . Legislative Advocacy . Research

Teaching

Internships

2008 Emory Summer Child Advocacy Program Materials

This year we will have between ten and fifteen internship positions paying a stipend of $5000 for the summer. The deadline for student applications has been extended to 4 p.m., December 10, 2007. We are seeking organizations that would like to receive interns through this program.

These internships are supported through a grant from the Children's Justice Act (CJA) obtained by the Barton Clinic through the State of Georgia's Division of Family and Children Services and a grant from the Freddie Mac Foundation.

The reports written by our previous years' interns are now linked from our Internships Page.

More Information on the Barton Clinic Internship Program

More Information on the Barton Clinic Fellows Program

Classroom Teaching

Barton Clinic Course Overview and Requirements

Presentations

Legislative and Advocacy Activities

Use the form below to find your state and federal elected officials: (Courtesy of http://vote-smart.org/) Enter your zip+4 (xxxxx-xxxx):

2008 Session

  • House Bill 525 Summary and Analysis - HB 525 would require the electronic recordation of all custodial interrogations of juveniles, with certain exceptions. The bill would also require the preservation of such electronic records, as well as the specific training of law enforcement in methods of electronic recordation.
  • House Bill 832 Summary and Analysis - HB 832 would require courts to notify superintendents or designees if any child in their school district is charged with or adjudicated delinquent for an act that would be considered a felony or misdemeanor if committed by an adult. The bill would require the same notification if any person under the age of 21 and attending a secondary school is convicted of a felony or misdemeanor.
  • House Bill 1213 Summary and Analysis - HB 1213 would modify the incest statute, Chapter 6 of Title 16 of the O.C.G.A., to neutralize all references to gender and to expand the set of sex acts defined as "incest."
  • Senate Bill 37 Summary and Post Humphrey v. Wilson Analysis - SB 37 would permit the modification of sentences of teenagers who received mandatory minimum sentences upon being convicted of sex offenses based on mutual sexual activity. The permitted modifications would reflect the sentencing such teenagers would receive today, after the introduction of the "Romeo & Juliet" exceptions in 2006.
  • Senate Bill 119 Summary and Analysis - SB 119 would add language to Titles 17 and 24 of the O.C.G.A. in order to provide a victim of a crime and members of the victim's immediate family the right to be present in the courtroom during the trial process.
  • Senate Bill 481 Summary and Analysis - SB 481 would amend Chapter 12 of Title 16 and Chapter 18 of Title 50 of the O.C.G.A. in order to restrict access to certain evidence pertaining to the offenses of sexual exploitation of children, electronic furnishing of obscene materials to minors, and electronic or computer pornography. The restrictions of SB 481 would apply to any evidence depicting a minor or a portion of a minor's body engaged in sexually explicit conduct.
  • Commercial Sexual Exploitation of Children in Georgia: Service Delivery and Legislative Recommendations for State and Local Policy Makers - The exploitation of children through prostitution is big business in Atlanta, and changing this situation has been a priority for Atlanta Mayor Shirley Franklin throughout her time in office. In 2005, the Mayor’s office published a paper titled Hidden In Plain View which explained the problem of commercial sexual exploitation of young girls in Atlanta, brought the importance of addressing the issue home by providing stories of real victims, and identified Atlanta’s strengths and areas of need related to this problem. Our paper builds on that foundation, but expands the scope to include all child victims, including boys, across Georgia. It examines approaches taken by other jurisdictions to address the commercial sexual exploitation of children, and makes legislative and policy recommendations for addressing the problem in Georgia.
  • Secure Detention of Status Offenders: Legislative recommendations to ensure Georgia's compliance with federal law and to better serve Georgia's children - This paper outlines simple legislative approaches that would ensure Georgia's compliance with the federal mandate of reducing the secure detention of status offenders. These recommended changes would better serve Georgia's children by improving practices in the juvenile justice system and moving children out of locked facilities and into the treatment and rehabilitation services they need. In addition, the changes would help Georgia avoid potential federal penalties for non-compliance with the JJDPA's deinstitutionalization mandate.

2007 Session

  • Senate Bill 37 Summary and Analysis - SB 37 would permit the correction and modification of sentences of some teenagers who were convicted of sex offenses after engaging in mutual sexual activity and subsequently received mandatory minimum sentences prior to a 2006 change in the law.
  • Senate Bill 88 Summary and Analysis - SB 88 would provide for the creation, authorization, procedure, revocation and termination of a power of attorney from a parent to a grandparent for the care of a grandchild. The bill also provides for the creation of a program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances.
  • House Bill 155 Summary and Analysis - HB 155 would require criminal background checks for DHR providers who operate a personal care home, private home care, child welfare agencies, child care institutions, child-placing agencies, and maternity homes.  This background check would be conducted as part of the licensure process.
  • HB 303 Summary and Analysis - HB 303 would amend Chapter 11 of Title 15 of the O.C.G.A. as it relates to the extension of the duration of a court custody order when a motion for custody extension is filed by DFCS.  HB 303 would extend the duration of the temporary custody order to one or more periods of twelve months with no stated maximum.
  • HB 50 Summary and Analysis - HB 50 would amend Chapter 3 of Title 39 of the O.C.G.A. regarding the Interstate Compact on Juveniles.  Specifically, the compact would facilitate cooperative supervision of delinquent juveniles on probation and parole and would ease the return from one state to another of delinquent children who have escaped or children who have run away.
  • The Full FY2008 Georgia Governor's Budget Report - We have pulled out the table of contents and broken up this 369 page, 16MB, document into bitesize pieces for easier access.

2006 Session

  • HB 1500: Summary and Proposed Modifications - HB 1500 adds new crimes to the existing designated felony statute, lowers the age under which children can be prosecuted under the act, lowers the age at which children can be held in secure confinement for crimes committed under the act, adds certain procedural protections for children charged with designated felonies, and modifies current laws regarding confidentiality.
  • Open or Closed: An overview of the current opinions and realities of opening juvenile court deprivation proceedings - Georgia currently maintains closed dependency proceedings and records. Both sides of the open court debate have legitimate concerns, but, while all agree that the system needs to be mended, the data is insufficient to judge the effectiveness of open courts. Thus, it is essential that open court pilot programs be operated long enough to assess the effectiveness of open courts on the system and the children.
  • HB 1145 Summary and Analysis - HB 1145 would clarify juvenile court proceedings relating to the mental health of accused juvenile offenders. Current law requires juvenile courts to order an evaluation of a child¿s mental health, if at any time following the filing of a petition, there is a question concerning the child¿s competence to stand trial. A qualified examiner must conduct an evaluation and determine whether the child is mentally competent and make a report to the court.
  • HB 1059 - Suggested Changes to Sex Offender Legislation - As a child advocacy organization that focuses on abused and neglected children and children involved with the juvenile justice system, the Barton Clinic unequivocally supports efforts to punish adult sexual offenders who prey on children. We are concerned, however, that the proposed legislation unintentionally impacts children who offend. Child offenders are different from adult offenders in that they are amenable to treatment and are likely not to re-offend once treated. Research suggests that increased sentences for children may not deter child offenders or enhance public safety.
  • Kenny A v. Perdue Class Action - We are tracking the progress of the Kenny A lawsuit as it moves from settlement to implementation.
  • The Full FY2007 Georgia Governor's Budget Report - We have pulled out the table of contents and broken up this 374 page, 20MB, document into bitesize pieces for easier access.
  • Department of Human Resources SFY07 Draft Budget Proposal - $2 million for prevention through home visitation, $22 million for SACWIS, $16 million cut to child placement services, $8.5 million for relative placements, $6 million for 175 specialized case managers, and much more.
  • HB 847 - Clarifying Emancipation of Minors - Comprehensively addresses emancipation of minors, including the processes of emancipation as well as the rights and duties emancipation confers on minors, parents, and guardians. Full Recommendation

2005 Session

2004 Session

2003 Session

  • FAQ Sheet: Frequently Asked Questions: Foster Parenting and SB 236 - SB 236 clarifies for foster parents in Georgia the rights to receive notice and be heard in cases involving the children in their care in an attempt to encourage consistency in the exercise of these rights. This single-page sheet answers some frequenty asked questions about the provisions of SB 236 and its meaning and application for caregivers.
  • Article: Expanding the Child Protection Team: The Promise of SB 236 - The Governor's 2003 legislative leadership was demonstrated through his introduction and passage of SB 236, which in many ways improves the procedures and placement opportunities for foster care children moving through the court and bureaucratic machinery of the state. Perhaps most important, SB 236 for the first time specifically addresses the rights of foster care parents to appear and give testimony in the juvenile court for children in their care. This clearly identified right expands the children's protection team to include foster care parents in a more inclusive and substantive manner.
  • Paper: Definition of "Relative" Under Georgia and Federal Law - This paper has particular relevance to HB 41, introduced this session.
    A precise definition of who is a relative, a consistent timeline within which a search for a particular relative shall be made, and a hierarchy as to which relatives are to be preferred for placement have not been clearly established by either federal or state statutes or by the cases that have followed seeking a correct statutory interpretation. The purpose of this paper is to trace the use of the term "relative" through the federal and state statutes relating to abused and/or neglected children, and to outline what questions must be resolved to clarify the policies relating to preferred relative placements for children taken into state custody.
  • Paper: The Rights of Georgia State Employees to Participate in Political Activity - The purpose of this article is to examine the First Amendment constitutional protection of freedom of speech that is enjoyed by all citizens and to outline the state and federal laws that attempt to limit this constitutional protection based on an individual's status as a government employee.
  • The 3rd Annual Child Advocacy Forum - Despite the weather, the 2003 forum and the rally across the street in the Capitol Rotunda were a great success. A giant postcard signed by the child advocates was our way of thanking Governor and Mrs. Perdue for their strong commitment to Georgia's neediest children.
  • The Full FY2004 Georgia Governor's Budget Report - We have pulled out the table of contents and broken up this 724 page, 5MB, document into bitesize pieces for your browsing pleasure.
  • DHR Child Protection Budget Request Adds $60.1 Million New State Dollars - Including 388 new positions, a per diem increase, money to close the Metro shelters and recruit foster parents, radios, and even new money for Child Fatality Review, CASA, Healthy Families, and SAAGs!
  • Election 2002: The Year Child Welfare Became a Campaign Issue - Excerpts and links to Georgia GOP positions on child welfare.
  • Candidate Survey - This candidate survey was designed by a coalition of child advocacy organizations as to create an opportunity for candidates to inform the electorate about their views on issues critical to the children of Georgia.
  • DHR FY04 Proposed Budget Request for Protection of Children - A request for $60 million in additional state funds for protecting children was sent by Georgia's Department of Human Resources to the Governor on September 18, 2002. This budget request must now make it into the Governor's budget. After that, it will be voted on by the legistlature. If it makes it through that process (some time in early 2003), and is then signed by the Governor, it will provide funds to improve the child protection system in state fiscal year 2004.

Our previous years' legislative and advocacy efforts are now linked from our Legislative Page.

Research Activities


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Emory University School of Law, Gambrell Hall, Atlanta, GA 30322, (404) 727-6664.