Bill Text: GA HB633 | 2011-2012 | Regular Session | Introduced

Georgia House Bill 633 (Prior Session Legislation)

Introduced

Bill Title: Child abuse; state-wide reporting system; create

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2011-04-12 - House Second Readers [HB633 Detail]

Download: Georgia-2011-HB633-Introduced.html

11 LC 29 4853

House Bill 633

By: Representatives Oliver of the 83rd, Houston of the 170th, Manning of the 32nd, Brockway of the 101st, Pruett of the 144th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for the parent and child relationship generally, so as to create a state-wide reporting system for child abuse and suspected child abuse; to provide for definitions; to illustrate the possible usage of information collected by a centralized system; to provide for immunity from liability; to provide for confidentiality of information; to amend Chapter 11 of Title 15 and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to juvenile proceedings and programs and protection for children and youth, respectively, so as to provide for cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for the parent and child relationship generally, is amended by adding a new Code section to read as follows:

"19-7-7.

(a) 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' shall have the same meaning as set forth in Code Section 19-7-5.

(4) 'Department' means the Department of Human Services.

(b) The department shall establish a state-wide reporting system for reporting child abuse and suspected child abuse that shall include a toll-free telephone number and an Internet based reporting system. Reports of child abuse shall be able to be made 24 hours a day, every day of the year. The state-wide reporting system shall allow a person making a report to include any information that the reporting person believes might be helpful in investigating the suspected child abuse, including, but not limited to, the child's name, address, age, the nature and extent of the child's injury, evidence of injury, the parents or caretaker's name and address, the identity of the perpetrator, and the reporting person's name and contact information. Anonymous reports may be accepted. The state-wide reporting system shall not be utilized for mandatory child abuse reporting as required by Code Section 19-7-5.

(c) If a report of child abuse is made to the state-wide reporting system and the department has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the department shall immediately notify the appropriate law enforcement agency or prosecuting attorney.

(d) Any person making a report to the state-wide reporting system or participating in any judicial proceeding resulting therefrom shall in so doing be immune from any civil liability or criminal responsibility that might otherwise be incurred or imposed, provided such participation is in compliance with this Code section and is made in good faith.

(e) A report of child abuse or information relating thereto and contained in such report, when provided to a law enforcement agency or prosecuting attorney pursuant to subsection (c) of this Code section, 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)(A) The superior court in the county in which is located the office of the law enforcement agency or prosecuting attorney which compiled the records containing such reports, after application for inspection and a hearing on the issue, permits 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.

(B) A copy of any application authorized by this paragraph shall be served on the office of the law enforcement agency or prosecuting 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.

(i) 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. The applicant carries the burden of showing the legitimacy of the research project; and

(ii) 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, are 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.

(f) The confidentiality provisions of subsection (e) of this Code section shall not apply to the use of such reported information by the department for purposes of statistical analysis, and the information from such reports may be used by the department to:

(1) Identify and locate prior reports of child abuse;

(2) Monitor the effectiveness of the state-wide reporting system;

(3) Track the investigative process;

(4) Maintain and produce statistical reports monitoring patterns of child abuse;

(5) Serve as a resource for evaluation, management, and planning of preventive and remedial services for children subjected to child abuse; and

(6) Enter into agreements with other states for the purpose of gathering and sharing information relative to child abuse in order to augment programs for the enhancement of the protection of children."

SECTION 2.

Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Code Section 15-11-9.1, relating to the role and responsibilities of court appointed special advocates, by revising subsection (g), as follows:

"(g) Upon presentation of an order appointing a CASA as a guardian ad litem, such CASA shall have access to all records and information relevant to the child's case to which such CASA has been appointed when such records and information are not otherwise protected from disclosure pursuant to Code Section 19-7-5 or 19-7-7. Such records and information shall not include records and information provided under Article 5 of this chapter, the 'Georgia Advocate for the Protection of Children Act,' or provided under Chapter 4A of Title 49. The CASA's right to access such records shall be as otherwise authorized by law."

SECTION 3.

Said chapter is further amended in Code Section 15-11-10, relating to community based risk reduction programs, by revising subsection (d) as follows:

"(d) Notwithstanding any provision contained in this article, in this Code, or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a program established pursuant to this Code section may exchange, as necessary, information, medical records, school records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in the program. Such information shall be used by such individuals and agencies only for the purposes provided in this Code section and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential and the court may punish any violations of confidentiality as contempt of court. Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41, Code Section 19-7-5, Code Section 19-7-7, or this Code section to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized by Code Section 49-5-41, Code Section 19-7-5, Code Section 19-7-7, or this Code section shall be guilty of a misdemeanor. Records made confidential by Code Section 49-5-40 and information obtained from such records may not be made a part of any record which is open to the public except that a district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. This Code section shall not abridge the provisions of Code Section 37-3-166, 37-4-125, or 37-7-166 relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof."

SECTION 4.

Said chapter is further amended in Code Section 15-11-84, relating to sharing confidential information, by revising subsection (b) as follows:

"(b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15 or 15-11-9.1, subsection (d) of Code Section 15-11-10, or Code Section 15-11-66.1, 15-11-75, 15-11-81, 15-11-82, 15-11-174, 19-7-5, 19-7-7, 20-2-751.2, 20-14-40, 24-9-40.1, 24-9-41, 24-9-42, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interest of the child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of the child in juvenile court or superior court or utilized to the detriment of the child."

SECTION 5.

Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended in Code Section 49-5-41, relating to persons and agencies permitted to access records, by revising paragraph (5) of subsection (a) as follows:

"(5) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5 or 19-7-7, but such access shall include only notification regarding the child concerning whom the report was made, shall disclose only whether the investigation by the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report;"

SECTION 6.

Said chapter is further amended in Code Section 49-5-44, relating to penalties for unauthorized access to records, by revising subsection (b) as follows:

"(b) Any person who knowingly and under false pretense obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized in this article or Code Section 19-7-5 or 19-7-7 shall be guilty of a misdemeanor."

SECTION 7.

Said chapter is further amended in Code Section 49-5-183, relating to reporting of abuse cases to DFACS office, by revising subsection (a) as follows:

"(a) An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or 19-7-7 or otherwise shall make a written report to the DFACS office of any county in which the investigation was conducted. The investigator's report shall classify the child abuse alleged to have been committed by each person in the case as 'confirmed,' 'unconfirmed,' or 'unfounded.'"

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed.