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Domestic Violence Guidelines | Child
Abuse Reporting Legislation | Model Court
Mediation Rules
Georgia Child Abuse Reporting Legislation
Code of Georgia
TITLE 19. DOMESTIC RELATIONS
CHAPTER 7. PARENT AND CHILD RELATIONSHIP GENERALLY
ARTICLE 1. GENERAL PROVISIONS
19-7-5 Reporting of child abuse; when mandated or
authorized; content of report; to whom made; immunity from liability;
report based upon privileged communication; penalty for failure
to report.
(a) The purpose of this Code section is to provide for the protection
of children whose health and welfare are adversely affected and
further threatened by the conduct of those responsible for their
care and protection. It is intended that the mandatory reporting
of such cases will cause the protective services of the state to
be brought to bear on the situation in an effort to prevent further
abuses, to protect and enhance the welfare of these children, and
to preserve family life wherever possible. This Code section shall
be liberally construed so as to carry out the purposes thereof.
(b) As used in this Code section, the term:
(1) "Abused" means subjected to child abuse.
(2) "Child" means any person under 18 years of age.
(3) "Child abuse" means:
(A) Physical injury or death inflicted upon a child by a parent
or caretaker thereof by other than accidental means; provided,
however, physical forms of discipline may be used as long as
there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker
thereof;
(C) Sexual abuse of a child; or
(D) Sexual exploitation of a child.
However, no child who in good faith is being treated solely by
spiritual means through prayer in accordance with the tenets and
practices of a recognized church or religious denomination by a
duly accredited practitioner thereof shall, for that reason alone,
be considered to be an "abused" child.
(3.1) "Sexual abuse" means a person's employing, using,
persuading, inducing, enticing, or coercing any minor who is not
that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital_genital, oral_genital,
anal_genital, or oral_anal, whether between persons of the same
or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically
restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation
or gratification with any person's clothed or unclothed genitals,
pubic area, or buttocks or with a female's clothed or unclothed
breasts;
(H) Defecation or urination for the purpose of sexual stimulation;
or
(I) Penetration of the vagina or rectum by any object except
when done as part of a recognized medical procedure.
"Sexual abuse" shall not include consensual sex acts
involving persons of the opposite sex when the sex acts are
between minors or between a minor and an adult who is not more
than five years older than the minor. This provision shall not
be deemed or construed to repeal any law concerning the age
or capacity to consent.
(4) "Sexual exploitation" means conduct by a child's
parent or caretaker who allows, permits, encourages, or requires
that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any
visual or print medium depicting such conduct, as defined in
Code Section 16-12-100.
(c) (1) The following persons having reasonable cause to believe
that a child has been abused shall report or cause reports of
that abuse to be made as provided in this Code section:
(A) Physicians licensed to practice medicine, interns, or
residents;
(B) Hospital or medical personnel;
(C) Dentists;
(D) Licensed psychologists and persons participating in internships
to obtain licensing pursuant to Chapter 39 of Title 43;
(E) Podiatrists;
(F) Registered professional nurses or licensed practical nurses
licensed pursuant to Chapter 24 of Title 43;
(G) Professional counselors, social workers, or marriage and
family therapists licensed pursuant to Chapter 10A of Title
43;
(H) School teachers;
(I) School administrators;
(J) School guidance counselors, visiting teachers, school social
workers, or school psychologists certified pursuant to Chapter
2 of Title 20;
(K) Child welfare agency personnel, as that agency is defined
pursuant to Code Section 49-5-12;
(L) Child_counseling personnel;
(M) Child service organization personnel; or
(N) Law enforcement personnel.
(2) If a person is required to report abuse pursuant to this
subsection because that person attends to a child pursuant to
such person's duties as a member of the staff of a hospital, school,
social agency, or similar facility, that person shall notify the
person in charge of the facility, or the designated delegate thereof,
and the person so notified shall report or cause a report to be
made in accordance with this Code section. A staff member who
makes a report to the person designated pursuant to this paragraph
shall be deemed to have fully complied with this subsection.
(d) Any other person, other than one specified in subsection (c)
of this Code section, who has reasonable cause to believe that a
child is abused may report or cause reports to be made as provided
in this Code section.
(e) An oral report shall be made as soon as possible by telephone
or otherwise and followed by a report in writing, if requested,
to a child welfare agency providing protective services, as designated
by the Department of Human Resources, or, in the absence of such
agency, to an appropriate police authority or district attorney.
If a report of child abuse is made to the child welfare agency or
independently discovered by the agency, and the agency has reasonable
cause to believe such report is true or the report contains any
allegation or evidence of child abuse, then the agency shall immediately
notify the appropriate police authority or district attorney. Such
reports shall contain the names and addresses of the child and the
child's parents or caretakers, if known, the child's age, the nature
and extent of the child's injuries, including any evidence of previous
injuries, and any other information that the reporting person believes
might be helpful in establishing the cause of the injuries and the
identity of the perpetrator. Photographs of the child's injuries
to be used as documentation in support of allegations by hospital
staff, physicians, law enforcement personnel, school officials,
or staff of legally mandated public or private child protective
agencies may be taken without the permission of the child's parent
or guardian; provided, however, that any photograph taken pursuant
to this Code section shall, if reasonably possible, be taken in
a manner which shall not reveal the identity of the subject. Such
photograph shall be made available as soon as possible to the chief
welfare agency providing protective services and to the appropriate
police authority.
(f) Any person or persons, partnership, firm, corporation, association,
hospital, or other entity participating in the making of a report
or causing a report to be made to a child welfare agency providing
protective services or to an appropriate police authority pursuant
to this Code section or any other law or participating in any judicial
proceeding or any other proceeding resulting therefrom shall in
so doing be immune from any civil or criminal liability that might
otherwise be incurred or imposed, provided such participation pursuant
to this Code section or any other law is made in good faith. Any
person making a report, whether required by this Code section or
not, shall be immune from liability as provided in this subsection.
(g) Suspected child abuse which is required to be reported by
any person pursuant to this Code section shall be reported notwithstanding
that the reasonable cause to believe such abuse has occurred or
is occurring is based in whole or in part upon any communication
to that person which is otherwise made privileged or confidential
by law.
(h) Any person or official required by subsection (c) of this
Code section to report a suspected case of child abuse who knowingly
and willfully fails to do so shall be guilty of a misdemeanor.
(i) A report of child abuse or information relating thereto and
contained in such report, when provided to a law enforcement agency
or district attorney pursuant to subsection (e) of this Code section
or pursuant to Code Section 49-5-41, shall not be subject to public
inspection under Article 4 of Chapter 18 of Title 50 even though
such report or information is contained in or part of closed records
compiled for law enforcement or prosecution purposes unless:
(1) There is a criminal or civil court proceeding which has
been initiated based in whole or in part upon the facts regarding
abuse which are alleged in the child abuse reports and the person
or entity seeking to inspect such records provides clear and convincing
evidence of such proceeding; or
(2) The superior court in the county in which is located the
office of the law enforcement agency or district attorney which
compiled the records containing such reports, after application
for inspection and a hearing on the issue, shall permit inspection
of such records by or release of information from such records
to individuals or entities who are engaged in legitimate research
for educational, scientific, or public purposes and who comply
with the provisions of this paragraph. When those records are
located in more than one county, the application may be made to
the superior court of any one of such counties. A copy of any
application authorized by this paragraph shall be served on the
office of the law enforcement agency or district attorney which
compiled the records containing such reports. In cases where the
location of the records is unknown to the applicant, the application
may be made to the Superior Court of Fulton County. The superior
court to which an application is made shall not grant the application
unless:
(A) The application includes a description of the proposed
research project, including a specific statement of the information
required, the purpose for which the project requires that information,
and a methodology to assure the information is not arbitrarily
sought;
(B) The applicant carries the burden of showing the legitimacy
of the research project; and
(C) Names and addresses of individuals, other than officials,
employees, or agents of agencies receiving or investigating
a report of abuse which is the subject of a report, shall be
deleted from any information released pursuant to this subsection
unless the court determines that having the names and addresses
open for review is essential to the research and the child,
through his or her representative, gives permission to release
the information.
(Code 1933, § 74-111, enacted by Ga. L. 1965, p. 588, §
1; Ga. L. 1968, p. 1196, § 1; Ga. L. 1973, p. 309, § 1;
Ga. L. 1974, p. 438, § 1; Ga. L. 1977, p. 242, §§
1-3; Ga. L. 1978, p. 2059, §§ 1, 2; Ga. L. 1980, p. 921,
§ 1; Ga. L. 1981, p. 1034, §§ 1-3; Ga. L. 1988, p.
1624, § 1; Ga. L. 1990, p. 1761, § 1; Ga. L. 1993, p.
1695, §§ 1, 1.1; Ga. L. 1994, p. 97, § 19; Ga. L.
1999, p. 81,§ 19.)
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