GEORGIA

This document may be freely copied, printed, or distributed for personal, nonprofit, governmental, or educational use, if the copy displays this permission statement with the copyright: © Pinion Feather Press, LLC, 2020, 2023.

WHO:        ANY person MAY report or cause a report to be made if s/he has reasonable cause to believe that a child has been abused.  [Code Ann. § 19-7-5(d)]

These are mandatory (MUST report or cause a report to be made): • Physicians, physician assistants, residents, interns, hospital and medical personnel, podiatrists, dentists, or nurses • Teachers, school administrators, school counselors, visiting teachers, school social workers, or school psychologists • Psychologists, counselors, social workers, or marriage and family therapists • Child welfare agency personnel (as that agency is defined by § 49-5-12) or child-counseling personnel • Child service organization personnel (includes any organization—whether public, private, for-profit, nonprofit, or voluntary—that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children) • Law enforcement personnel • Reproductive health-care facility or pregnancy resource center personnel and volunteers • Persons who process or produce visual or printed matter.  ‘School’ means any public or private prekindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education.  [Ann. Code §§ 19-7-5(c)(1); 16-12-100]   Also clergy:  ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization.  [Code Ann. § 19-7-5(g)]

DFCS (see below) expands the statutory mandate, adding financial institutes and lawyers generally, but does not list visual & printed matter processors (they report to law enforcement):  Attorney • Court Appointed Special Advocate (CASA) • Call Center Agents • Case Manager • Child Service Personnel • Child Service Personnel Volunteer • Child counseling Personnel • Clergy • Community Agency • Counselor/ Social Worker • Court • Department of Human Services (DHS) Staff • Daycare Facility/Provider • Dentist • Doctor • EMT/EMS • Family Violence Shelter • Financial Institute • Foster Parent • Foster/Adoptive Parent • Guardian Ad Litem (GAL) Attorney/ non-Attorney • Guidance Counselor • Hospital or Medical Personnel/Volunteer • Hospital/ Clinic • Institution • Intake Case Manager • Intern • Judge • Law Enforcement Personnel • Lawyer • Medical Facility Staff • Mental Health Personnel/Professionals • Nurse • Other Mandated Reporter • Other Shelter • Other State Agency • Parole /Probation Officer • Parole/Probation DJJ/Officer or Staff • Physician • Physician Assistant or Intern/Resident • Podiatrist • Pregnancy Resource Center Personnel • Psychiatrist • Registered Nurse/ Nurse Aide • Religious Leader • Special Assistant Attorneys General (SAAG) • School Administrator/School Guidance Counselor • School Personnel • School Psychologist • School teacher / Visiting teacher • Service Provider TANF (Temporary Assistance to Needy Families/DHS-OFI) • Staff Reproductive Health Care Personnel • Therapist • Volunteer Reproductive Health Care Facility • Volunteer School Social Worker • Volunteer to Psychologist  [https://cps.dhs.ga.gov/Main/Default.aspx]

·       NOTE: The mandate for professionals and volunteers is not limited to observations made at work. It concerns reasonable cause to believe that any child was abused.

·       STANDARDS:  [Code Ann. §§ 19-7-5(b)(2),(c)(1); 16-12-100(c)]  Child means under age 18. DFCS further interprets it as not emancipated.  [DHS CW Man. Ch. 3, § 3.1(1)]

(1) For most reporters: reasonable cause to believe that a child has been abused.  

(2) For someone who processes or produces visual or printed matter:  reasonable cause to believe that the matter depicts a minor engaged in sexually explicit conduct.

·       PRIVILEGE:  clergy-confession [and comparable] privilege is recognized. BUT (1) clergy receiving info about child abuse from any other source must report, even if it contains aspects of what was confessed. AND (2) others must give mandated reports regardless of whether their reasonable belief of abuse is based in whole or in part upon any legally privileged or confidential communication.  [Code Ann. § 19-7-5(g)]

WHEN:      If mandated: IMMEDIATE (i.e., within 24 hours from reasonable cause) oral report by phone or otherwise, OR written report by e-transmission or fax. If the initial report is oral, a written report must follow IF requested (no statutory deadline).  [Code Ann. § 19-7-5(e)(2)]

WHERE & HOW:  Except as noted below, reports must be made to the Division of Family & Children Services (DFCS), or in its absence, to an appropriate (i.e., local, county or state) police authority or (county or judicial circuit) district attorney.  [Code Ann. § 19-7-5(e)(2)]

·       MOST mandatory reporters must report orally by phone or otherwise, or in writing by e-transmission or fax, or cause a report to be made. If requested of them, a written (email, fax, or online) report must follow an oral report.  [Code Ann. § 19-7-5(e)(2)]  

·       For reporters receiving VISUAL or PRINTED MATTER for processing or production either privately or commercially: an ORAL report must be made (or caused) immediately to (1) the Georgia Bureau of Investigation (1-404-244-2600, 24/7) OR (2) the law enforcement agency of the county where the matter was submitted. If requested, a WRITTEN report must follow.   [Code Ann. §§ 16-12-100(c); 19-7-5(e)]

·       INSTITUTIONAL: Mandated reporters with paid or volunteer duties for children at a hospital, school, social agency, or similar facility MUST notify its person in charge or his/her delegate. This satisfies a notifier’s duty to report but a personal report MAY still be made. The head or delegate MAY consult the notifier further but MUST report or cause a report to be made with no control, restraint, modification, or other change to the info, but may add relevant, necessary info.  [Code Ann. § 19-7-5(c)(2)]

Law Enforcement Contacts:

·       For an immediate emergency:                 dial 911 or the local police department.

 [https://dfcs.georgia.gov/services/child-abuse-neglect]

·       For a GA police directory:                 https://www.usacops.com/ga/index.html

·       For a GA district attorney directory:      https://pacga.org/find-your-prosecutor/

DFCS Contacts:

·       24/7 DFCS hotline:                                 1-855-422-4453  (1-855-GACHILD)

o   FYI: DFCS county directory:           https://dfcs.georgia.gov/locations

·       Mandated report forms SSB/07-1-014, for download:

https://www.gadoe.org/Curriculum-Instruction-and-Assessment/Curriculum-and-Instruction/Documents/MANDATED%20REPORTER%20INTAKE%20FORM%207%2010%2014.pdf

·       For reports by email:                                CPSIntake@DHS.GA.GOV

o   These require the mandated report form at the URL above and are sent as attachments. An auto-reply acknowledges them.

·       For reports by fax:                                    229-317-9663

o   The report should be completed on the mandated report form above. Faxes are automatically converted to PDF format and forwarded to the email address.

·       For reports online:                             https://cps.dhs.ga.gov/Main/Default.aspx

o   For mandated reporters only. They can register there also, after linking to and obtaining (free) online training at https://www.prosolutionstraining.com/

·       REPORT DETAILS (statutory):  Mandated reports must contain: (a) names and addresses of the child and parents / caregivers, if known; (b) child's age; (c) nature and extent of his/her injuries, and evidence of previous ones; and (d) any other info to establish the injuries’ cause and perpetrator’s identity. Note: medical, police, school, and child protective staff may photograph injuries without parental or guardian consent, but must give DFCS & police such photos ASAP.  [Ann. Code §§ 19-7-5(e)]

·       REPORT DETAILS (regulatory):  Mandated reporters are asked 7 types of questions. [https://dhs.georgia.gov/sites/dhs.georgia.gov/files/Questions%20to%20Expect%20When%20Making%20a%20CPS%20Referral.pdf]

 (a) Specific concerns with detailed description: (i) the concerns; (ii) what happened, if anything; (iii) when and where it was, and who was involved; (iv) whether an object was involved, and if so, the type; and (v) the severity of harm to the child?

(b) Circumstances: (i) before, during & after; (ii) where were the children & where are they now; (iii) child’s explanation; (iv) caregiver’s explanation; (v) how the reporter knew; (vi) is the concern ongoing; (vii) did the reporter notice before, if so, explain; (viii) who else knows; and (ix) were police called, if so, what is the officer’s name?

(c) Child functioning: (i) day-to-day functioning versus others their age; (ii) appearance, health, & well-being; (iii) any behavioral / mental / emotional / intellectual / physical disabilities, if so, affect on functioning; (iv) does an agency give the child(ren) services, if so, to whom and for what; (v) medications; (vi) whether the meds are taken regularly; (vi) if enrolled, the child’s grade and whether s/he is on grade level; (vii) school attendance / discipline / general performance; (viii) how the child(ren) interact with peers; and (ix) is/are the child(ren) concerned about going home, and why?

(d) Parenting / Discipline: (i) How parents manage the child’s behavior; (ii) what happens when the child is in trouble; (iii) parent’s view of discipline’s purpose; (iv) what the house rules are, if any; (v) what does the child get in trouble over; and (vi) whether the caregiver is ever out of control in child discipline, if so, when, and the context?

(e) General Parenting: (i) parental style (structured, strict, laid-back …?); (ii) how do parents/child(ren) interact; (iii) do parents understand child(ren)’s needs, can they meet them, and why (not); (iv) are caregiver expectations realistic for the child’s age/functioning; explain; (v) how does caregiver access and use resources to provide the child(ren)’s basic needs; (vi) who is the usual caregiver; (vii) do the parents live in the same home; (viii) if a parent is non-residential, is s/he involved with the child; (ix) how do caretakers react to bad behavior; and (x) how do they show love and nurturing?

(f) Adult Functioning: (i) each parent’s overall personal function/role, versus as a parent; (ii) how does the caretaker look after him/herself; (iii) are they employed, if so, what shift, and is the work stable; (iv) who cares for the child when the caretaker works; (v) do caregivers have a steady source of income and stable housing; (vi) are there concerns over mental health / substance abuse / domestic violence, if so, what frequency; and (vii) how do the parents respond when approached with concerns?

(g) More Info: Anything else that DFCS Child Protective Services (CPS) should know.

·       REPORTER PROTECTION: (1) The statutes reviewed do not require a reporter to provide his/her name. (2) Any release of records must protect the reporter’s identity.  [Ann. Code § 49-5-41]  (3) Any reporter (and causer of making a report) in good faith, mandated or not, is immune from civil and criminal liability.  [Ann. Code § 19-7-5(f)] 

WHY:        Knowing, willful failure of a person or official to make a legally required report of suspected child abuse is a misdemeanor.  [Ann. Code § 19-7-5(h)]

WHAT:      Georgia defines child abuse as a parent or caretaker inflicting non-accidental physical injury or death, or neglecting or exploiting the child; OR as anyone endangering, sexually abusing, or sexually exploiting a child.  [Ann. Code § 19-7-5(b)(4)]  

·       The Georgia Maltreatment Codes expand and supplement slim statutory definitions. [webcache.googleusercontent.com/search?q=cache:4r2FzHzqmlsJ:https://odis.dhs.ga.gov/ViewDocument.aspx%3FdocId%3D3005777+&cd=1&hl=en&ct=clnk&gl=us]

Initial Screening Criteria (DFCS): the allegation: (a) involves a child under age 18; (b) meet the legal definition of child abuse, neglect, sexual abuse, or emotional abuse; and concerns (c) a known or unknown perpetrator who is any of: (i) a parent, guardian, foster parent, stepparent, or adoptive parent; (ii) an employee of a public/private residential home, care facility, or daycare facility; (iii) a custodian (in loco parentis); (iv) another caregiver; or (v) school personnel.   [DHS CW Man. Ch. 2, § 2.2]

Reportable: (a) a parent or caretaker suspected of non-accidentally inflicting physical injury or death on their child OR neglecting or exploiting him/her; or (b) anyone suspected of endangering, sexually abusing, or sexually exploiting the child [Code Ann. § 19-7-5(b)(4)]  NOTE: Abuse outside this description may still be reportable to police as a crime.

Physical Abuse is: (a) non-accidental (intent to act, regardless of intent to harm); (b) inflicting physical injury or death; (c) by a parent or caregiver.  [Code Ann. § 19-7-5(b)]  DFCS cites burns, bites, bruises, broken bones, and black eyes as examples. Other examples are: (a) fractures, dislocations, or sprains; (b) intracranial or skull injury; (c) spinal cord and nerve damage; (d) subdural hematoma (bruising or blood pooling in the cranium); (e) internal chest, abdomen, or pelvic injury; (f) lacerations, cuts, or punctures; (g) bruises, welts, or abrasions; (h) burns or scalding; (i) poisoning; (j) suffocation / drowning; (k) Munchhausen by proxy (unnecessary medical care for the child obtained by an attention-seeking adult); and (l) gunshot wounds.  [GA Maltreatment Codes;            https://www.gadoe.org/schoolsafetyclimate/Documents/Child%20Abuse%20Prevention%20Handouts.pdf]

(A)     Physical discipline must avoid physical injury.  [Ann. Code § 19-7-5(b)]  “Physical punishment is any physical punishment of a child to inflict pain as a deterrent to wrongdoing. It may produce transitory pain and potential bruising. If pain and bruising are not excessive or unduly severe and result only in short-term discomfort, this is not considered maltreatment.”  [DFCS at www.gadoe.org site above]

Emotional Abuse means that (a) a person responsible for a child’s care does (b) acts or omissions resulting in (c) medically diagnosed (d) actual – or substantial risk of – observable, significantly impaired ability to function within the child’s normal range of performance and behavior.  [Code Ann. § 15-11-2(30)]

Sexual Abuse means that someone (even a juvenile) employs, uses, persuades, induces, entices or coerces a minor who is not their spouse for any of:  [Code Ann. § 19-7-5(b)(10)]

(A)     Acts: (a) same or opposite-sex intercourse, (genital-genital, oral-genital, anal-genital, or oral-anal); (b) bestiality; (c) masturbation; (d) lewd exhibition of genitals or pubic area; (e) flagellation or torture by or on a nude person; (f) a nude person fettered, bound, or otherwise physically restrained; (g) clothed or unclothed physical contact with anyone’s genitals, pubic area, buttocks or breasts, for apparent sexual stimulation or gratification; (h) defecation or urination for stimulation; (i) penetration of vagina or rectum by any object for non-medical reasons; or (j) trafficking a person for sexual labor or sexual servitude.  The GA Maltreatment Code also lists caregiver-to-child transmission of a sexually transmittable disease (STD).

(1)     CONTEXT: INCEST is sexual intercourse or sodomy knowing the partner is, by blood or marriage, one’s: (a) parent, stepparent, child, or stepchild; (b) sibling of whole or half blood; (c) grandparent or grandchild of whole or half blood; or (d) aunt, uncle, niece, or nephew of whole or half blood.  [Code Ann. § 16-6-22(a)]

(2)     CONTEXT: THE AGE OF CONSENT for lawful sexual relationships is 16, but is lower for spouses. (a) Consensual sex by a minor age 14 or 15 with an older person age 18 or less (no more than 4 years older than the minor) is NOT sexual abuse, yet is a misdemeanor. (b) Sex with a minor age 14 or less is abuse, even between minors. (d) Carnal knowledge of a female age 10 or less is rape.  [Code Ann. §§ 19-7-5(b)(10); 16-6-3(a),(c); GA Maltreatment Code]

(B)     Trafficking: (a) to knowingly recruit, entice, harbor, transport, provide, solicit, patronize, or obtain by any means, someone for sexual servitude; or (b) knowingly subject them to it or maintain them in it; (c) for value (money or not, directly or not) given, promised, or received.  [Code Ann. § 16-5-46(c); GA Maltreatment Code.]

(C)    Sexual servitude: (a) sexually explicit conduct, induced or obtained by coercion or deception; where (b) the victim is (or so the accused believes) (c) under age 18 and/or developmentally disabled.  [Code Ann. § 16-5-46(a)(8); GA Maltreatment Codes].  

Sexual Exploitation includes the following by anyone:  [Code Ann. § 19-7-5(b)(4)]

(A)     Allowing, permitting, encouraging or requiring a child to engage in: (a) prostitution; or (b) sexually explicit conduct for child porn on visual or print media.

(1)     PROSTITUTION is performing, offering, or consenting to perform a sexual act for money or other value (e.g., intercourse, sodomy, etc.).  [Code Ann. § 16-6-9]

(2)     SEXUALLY EXPLICIT CONDUCT is actual or simulated acts (a) – (i) in the “specific acts” paragraph above for sexual abuse.  [Code Ann. § 16-12-100(a)(4)]

(3)     SEXTING child porn is a felony; but is a misdemeanor if the minor: (a) is age 14 or more; (b) consented to be depicted; (c) did NOT distribute the image to others; and (d) is under age 18 as a defendant. [Code Ann. §§ 16-12-100(d)(3),(f)(3)].

Neglect or Exploitation are treated as neglect alone. [The statute and DFCS do not explain non-sexual exploitation; in other states it means using a child for oneself.] Neglect means that a parent or caregiver does any of:  [Code Ann. §§ 19-7-5(b)(4)(B); 15-11-2(48)]      

(A)     Failure to provide: proper (a) parental care or control, (b) subsistence, (c) legally required education, or (d) other care or control for physical, mental, or emotional health or morals. Non-provision includes a parent’s or caregiver’s failure, refusal, or inability, but lack of funds may excuse it. GA Maltreatment Codes (above) require:

                                 (1)     ESSENTIALS: Safe, sanitary, adequate food, clothing, and shelter.

                                 (2)     MEDICAL CARE: Medical & dental care adequate to avoid physical / emotional harm. (But it is NOT abuse to treat a child solely by an accredited practitioner’s prayer of a recognized church or denomination.)  [Code Ann. § 19-7-5(b)]

                                 (3)     MENTAL HEALTH CARE: (i) Professional treatment and follow-up as necessary; (ii) a nurturing environment; and (iii) no emotionally impairing discipline.

                                 (4)     EDUCATION: (i) opportunity; (ii) related care and attention; (iii) legally required enrollment; (iv) attendance; (v) accommodation of educational development.

(B)     Failure to adequately supervise.         [https://abuse.publichealth.gsu.edu/child-supervision-guidelines-in-georgia/ ; http://phdistrict2.org/wp-content/uploads/2015/04/Child-Abuse-Guidelines-for-Supervision-2016.pdf ; https://www.forsyth.k12.ga.us/Page/40922]

                                 (1)     GA. MALTREATMENT CODES mention: (a) failure to protect (examples: incapacitated parent; unsafe adults; unhygienic risks; child swallowing a toxin); (b) gunshots; (c) drowning; and (d) suffocation by choking/strangling hazards.

                                 (2)     DFCS RULES: (i) do not leave children age 8 or less alone; (ii) age 9-12 may be alone for under 2 hours if mature; (iii) age 13 or more may be alone or parent-authorized babysitters for up to 12 hours if mature; a younger mature child may do it if s/he has sitter training, an emergency plan, and parent’s work and home phone numbers; and (iv) age 15 or more may be home alone overnight, if mature.

                                 (3)     IN DFCS CUSTODY, children cannot babysit. If age 14 or more, reliable, and competent, they may self-supervise if pre-agreed with DFCS and the placement, or be unsupervised under plans with DFCS, parent/caregiver and the placement.

(C)     Abandonment of a child by his/her parent, guardian, or legal custodian. Georgia Maltreatment Codes (above) find abandonment after any of:

                                 (1)     (DISINTEREST): 6 months without: (i) meaningful communication; (ii) regular visits; (iii) paying support; (iv) doing court-ordered reunification plans; and/or (v) responding to notices of child protective proceedings;

                                 (2)     (NON-IDENTIFICATION): 3 months without claiming or identifying the child, parent, guardian, or legal custodian, if their identities cannot be ascertained;

                                 (3)     (RISK): Absence from home, substantially risking serious harm to the child;

                                 (4)      (MISC.): Other conduct showing intent to divest parental duties or claims.

Endangering a Child is any of:  [Code Ann. §§ 16-5-70 (d); 16-5-73; 40-6-391 (l); 15-11-2; Georgia Maltreatment Codes (above)]

(A)     Cruelty to children: (a) intentionally or knowingly (b) letting a child who is present (c) see or hear (d) actual, attempted or threatened (e) force or violence.

o    TYPES: (1) forcible felonies (threat of force or violence to anyone); (2) battery (intentional substantial harm or visible injury, e.g., black eye, swollen lip); and (3) family violence battery (by present or former household members). Reasonable punishment, restraint, or detention is NOT cruelty.  [Code Ann. § 19-13-1]

(B)     Methamphetamine exposure:  Causing or allowing a child to be present during meth manufacture or around chemicals intended for that use. Intent is seen from the usage, amount, or how they are stored (e.g., near other chemicals or equipment for it).

(C)     DUI:  (a) Driving under the influence of (b) alcohol or other substances with a (c) child under age 14 (d) in the vehicle. This includes: (i) any intoxicating substance; (ii) blood alcohol concentration of 0.08 grams within 3 hours of driving; or (iii) any amount of marijuana or controlled substance in the blood or urine.  [Code Ann. § 40-6-391(l)] 

(D)    Prenatal abuse:  Exposure to chronic or severe use of alcohol OR unlawful use of any controlled substance, so a newborn has any of: (a) withdrawal symptoms; (b) a controlled substance or its metabolite in his/her body, blood, urine, or meconium, not by medical care; or (c) diagnosed harmful effects in his/her appearance or functioning.