HB 155 - Child abuse; amend pro- visions; define sexual abuse
Georgia House of Representatives - 1995/1996 Sessions
HB 155 - Child abuse; amend pro- visions; define sexual abuse
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13
1. Cox 160th 2. Martin 47th 3. Dobbs 92nd
House Comm: Judy / Senate Comm: Judy /
House Vote: Yeas 171 Nays 1 Senate Vote: Yeas 52 Nays 0
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House Action Senate
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1/11/95 Read 1st Time 1/25/95
1/12/95 Read 2nd Time 3/14/95
1/23/95 Favorably Reported 3/14/95
Sub Committee Amend/Sub Sub
1/24/95 Read 3rd Time 3/15/95
1/24/95 Passed/Adopted 3/15/95
CS Comm/Floor Amend/Sub CSFA
3/17/95 Amend/Sub Agreed To
4/3/95 Sent to Governor
4/19/95 Signed by Governor
427 Act/Veto Number
4/19/95 Effective Date
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Code Sections amended: 24-3-16,49-5-180, 49-5-181, 49-5-182, 49-5-183,
49-5-183.1, 49-5-184, 49-5-185, 49-5-186, 49-5-187
HB 15592 HB 155/AP
H. B. No. 155 (AS PASSED HOUSE AND SENATE)
By: Representatives Cox of the 160th, Martin of the 47th
and Dobbs of the 92nd
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 1 of Chapter 3 of Title 24 of the Official
1- 2 Code of Georgia Annotated, relating to general provisions
'u '; a > `c@ > `c@ `c@ `c@ `c@
1- 4 statements made by a child to another shall be admissible
1- 5 through the testimony of such other person under certain
1- 6 circumstances; to amend Chapter 5 of Title 49 of the
1- 7 Official Code of Georgia Annotated, relating to programs and
1- 8 protection for children and youth, so as to change the
1- 9 provisions relating to definitions; to change the provisions
1-10 relating to the investigation of child abuse reports and the
1-11 reports regarding such investigation; to provide for notice
1-12 and opportunity for hearing before alleged child abusers
1-13 will have their names included on the child abuse registry;
1-14 to provide for hearings and appeals; to provide for
1-15 inclusion of names on such registry; to change the
1-16 provisions relating to expungement of names from such
1-17 registry; to authorize individuals to find out whether their
1-18 names are included on such registry; to change the
1-19 provisions relating to immunity from liability; to provide
1-20 for effective dates; to repeal conflicting laws; and for
1-21 other purposes.
1-22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-23 Article 1 of Chapter 3 of Title 24 of the Official Code of
1-24 Georgia Annotated, relating to general provisions relative
1-25 to hearsay, is amended by striking in its entirety Code
1-26 Section 24-3-16, relating to the admissibility of testimony
1-27 as to a child's description of sexual conduct or physical
1-28 abuse, and inserting in lieu thereof the following:
1-29 "24-3-16. (Index)
1-30 A statement made by a child under the age of 14 years
1-31 describing any act of sexual contact or physical abuse
1-32 performed with or on the child by another or performed
1-33 with or on another in the presence of the child is
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2- 1 admissible in evidence by the testimony of the person or
2- 2 persons to whom made if the child is available to testify
2- 3 in the proceedings and the court finds that the
2- 4 circumstances of the statement provide sufficient indicia
2- 5 of reliability."
SECTION 2.
2- 6 Chapter 5 of Title 49 of the Official Code of Georgia
2- 7 Annotated, relating to programs and protection for children
2- 8 and youth, is amended by striking Article 8 and inserting in
2- 9 its place the following:
"ARTICLE 8
2-10 49-5-180. (Index)
2-11 As used in this article, the term:
2-12 (1) 'Abuse investigator' means the department, any local
2-13 department of family and children services, law
2-14 enforcement agency, or district attorney or designee
2-15 thereof.
2-16 (2) 'Abuse registry' means the Child Protective Services
2-17 Information System central child abuse registry required
2-18 to be established by Code Section 49-5-181.
2-19 (3) 'Abused' means subjected to child abuse.
2-20 (3.1) 'Alleged child abuser' means a person deemed to be
2-21 an alleged child abuser pursuant to Code Section
2-22 49-5-183.1.
2-23 (4) 'Child' means any person under 18 years of age.
2-24 (5) 'Child abuse' means:
2-25 (A) Physical injury or death inflicted upon a child by
2-26 a parent or caretaker thereof by other than accidental
2-27 means, and this shall be deemed to be physical abuse
2-28 for purposes of the classification required by
2-29 paragraph (4) of subsection (c) of Code Section
2-30 49-5-183; provided, however, physical forms of
2-31 discipline may be used as long as there is no physical
2-32 injury to the child;
2-33 (B) Neglect or exploitation of a child by a parent or
2-34 caretaker thereof, and this shall be deemed to be
2-35 child neglect for purposes of the classification
2-36 required by paragraph (4) of subsection (c) of Code
2-37 Section 49-5-183;
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3- 1 (C) Sexual assault of a child, and this shall be
3- 2 deemed to be sexual abuse for purposes of the
3- 3 classification required by paragraph (4) of subsection
3- 4 (c) of Code Section 49-5-183; and
3- 5 (D) Sexual exploitation of a child, and this shall be
3- 6 deemed to be sexual abuse for purposes of the
3- 7 classification required by paragraph (4) of subsection
3- 8 (c) of Code Section 49-5-183.; and
3- 9 (E) However, no child who in good faith is being
3-10 treated solely by spiritual means through prayer in
3-11 accordance with the tenets and practices of a
3-12 recognized church or religious denomination by a duly
3-13 accredited practitioner thereof shall, for that reason
3-14 alone, be considered to be an 'abused' child.
3-15 (6) 'Confirmed' means that an investigation by an abuse
3-16 investigator has revealed that there is substantial
3-17 equal or greater credible evidence that child abuse
3-18 occurred than the credible evidence that child abuse did
3-19 not occur.
3-20 (6.1) 'DFACS office' means the principal office of a
3-21 county department of family and children services.
3-22 (7) 'Division' means the Division of Family and Children
3-23 Services of the Department of Human Resources.
3-24 (7.1) 'Hearing office' means the Office of State
3-25 Administrative Hearings created under Code Section
3-26 50-13-40.
3-27 (8) 'Out-of-state abuse investigator' means a public
3-28 child protective agency or law enforcement agency of any
3-29 other state bound by confidentiality requirements as to
3-30 information obtained under this article which are
3-31 similar to those provided in this article.
3-32 (8.1) 'Sexual abuse' means a person's employing, using,
3-33 persuading, inducing, enticing, or coercing any minor
3-34 who is not that person's spouse to engage in any act
3-35 which involves:
3-36 (A) Sexual intercourse, including genital-genital,
3-37 oral-genital, anal-genital, or oral-anal, whether
3-38 between persons of the same or opposite sex;
3-39 (B) Bestiality;
3-40 (C) Masturbation;
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4- 1 (D) Lewd exhibition of the genitals or pubic area of
4- 2 any person;
4- 3 (E) Flagellation or torture by or upon a person who is
4- 4 nude;
4- 5 (F) Condition of being fettered, bound, or otherwise
4- 6 physically restrained on the part of a person who is
4- 7 nude;
4- 8 (G) Physical contact in an act of apparent sexual
4- 9 stimulation or gratification with any person's clothed
4-10 or unclothed genitals, pubic area, or buttocks or with
4-11 a female's clothed or unclothed breasts;
4-12 (H) Defecation or urination for the purpose of sexual
4-13 stimulation; or
4-14 (I) Penetration of the vagina or rectum by any object
4-15 except when done as part of a recognized medical
4-16 procedure.
4-17 'Sexual abuse' shall not include consensual sex acts
4-18 involving persons of the opposite sex when the sex acts
4-19 are between minors or between a minor and an adult who
4-20 is not more than five years older than the minor. This
4-21 provision shall not be deemed or construed to repeal any
4-22 law concerning the age or capacity to consent.
4-23 (9) 'Sexual exploitation' means conduct by a child's
4-24 parent or caretaker who allows, permits, encourages, or
4-25 requires that child to engage in:
4-26 (A) Prostitution, as defined in Code Section 16-6-9;
4-27 or
4-28 (B) Sexually explicit conduct for the purpose of
4-29 producing any visual or print medium depicting such
4-30 conduct, as defined in Code Section 16-12-100.
4-31 (10) 'Unconfirmed' means that an abuse investigator has
4-32 been unable to locate the child allegedly abused or has
4-33 determined by an investigation an investigation by an
4-34 abuse investigator has revealed that there is not
4-35 substantial some credible evidence that child abuse
4-36 occurred but there is not sufficient credible evidence
4-37 to classify that child abuse as confirmed.
4-38 (11) 'Under investigation' means that an investigation
4-39 by an abuse investigator has not been completed but
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5- 1 shall not extend beyond 180 days from the date the
5- 2 investigation began Reserved.
5- 3 (12) 'Unfounded' means that an investigation by an abuse
5- 4 investigator has determined that there is no credible
5- 5 evidence that child abuse occurred.
5- 6 49-5-181. (Index)
5- 7 The division shall establish and maintain a central child
5- 8 abuse registry which shall receive all information
5- 9 regarding suspected confirmed and unconfirmed cases of
5-10 child abuse reported to the division pursuant to Code
5-11 Section 49-5-183 49-5-183.1 and which shall be known as
5-12 the 'Child Protective Services Information System.' In
5-13 addition the division shall notify any individual whose
5-14 name appears in the registry and provide, in writing, the
5-15 procedure for expungement.
5-16 49-5-182. (Index)
5-17 The abuse registry shall be operated in such a manner as
5-18 to enable abuse investigators to:
5-19 (1) Immediately identify and locate prior reports of
5-20 child abuse; and
5-21 (2) Maintain and produce aggregate statistical data of
5-22 reported cases of child abuse.
5-23 49-5-183. (Index) (a) All reports of alleged child abuse received by any
5-25 abuse investigator pursuant to Code Section 19-7-5 and all
5-26 cases in which an abuse investigator independently makes a
5-27 determination that there is reasonable cause to believe a
5-28 child has been abused shall be reported to the division
5-29 upon the earlier of: (1) The completion of the investigation; or (2) Within 30 days after the report pursuant to Code
5-32 Section 19-7-5 is made or the independent determination
5-33 by the investigator is made. (b) If, within the 30 days specified in paragraph (2) of
5-35 subsection (a) of this Code section, the investigation by
5-36 an abuse investigator: (1) Is completed, that investigator shall classify the
5-38 alleged abuse as 'unfounded,' 'confirmed,' or
5-39 'unconfirmed' and, if classified as: (A) 'Unfounded,' the abuse investigator shall not make
6- 2 a report to the division, notwithstanding subsection
6- 3 (a) of this Code section; or (B) 'Confirmed' or 'unconfirmed,' the abuse
6- 5 investigator shall make a report to the division and
6- 6 include such classification; or (2) Is not completed, that abuse investigator shall make
6- 8 to the division a report which classifies the alleged
6- 9 abuse as 'under investigation'.
6-10 (a) An abuse investigator who completes the investigation
6-11 of a child abuse report made pursuant to Code Section
6-12 19-7-5 or otherwise shall make a written report to the
6-13 DFACS office of any county in which the investigation was
6-14 conducted. The investigator's report shall classify the
6-15 child abuse alleged to have been committed by each person
6-16 in the case as 'confirmed,' 'unconfirmed,' or 'unfounded.'
6-17 (c)(b) The report to the division DFACS office madesubsection (a) of this Code section shall also
6-19 include the following:
6-20 (1) Name, age, sex, race, social security number, if
6-21 known, and birthdate of the child alleged to have been
6-22 abused;
6-23 (2) Name, age, sex, race, social security number, and
6-24 birthdate of the child's parents, custodian, or
6-25 caretaker, if known;
6-26 (3) Name, age, sex, race, social security number, and
6-27 birthdate of the person alleged to have committed child
6-28 abuse, if known; and shown by some credible evidence to
6-29 be the person who committed the child abuse. If there is
6-30 equal or greater credible evidence that the person
6-31 committed the abuse than the person did not commit the
6-32 abuse, the person's name shall be listed as a
6-33 'confirmed'; otherwise, the person's name shall be
6-34 listed as an 'unconfirmed'; and
6-35 (4) A summary of the known details of the child abuse
6-36 which at a minimum shall contain the classification of
6-37 the abuse as provided in paragraph (5) of Code Section
6-38 49-5-180 as either sexual abuse, physical abuse, child
6-39 neglect, or a combination thereof. (d) Upon completion of its investigation of a case
7- 2 reported to the division and classified as 'under
7- 3 investigation,' the abuse investigator shall: (1) Classify such case as 'confirmed,' 'unconfirmed,' or
7- 5 'unfounded'; and (2) If the case is classified as 'confirmed,'
7- 7 'unconfirmed,' or 'unfounded,' report such
7- 8 classification to the abuse registry.
7- 9 49-5-183.1.
7-10 (a) If a DFACS office pursuant to Code Section 49-5-183
7-11 receives an abuse investigator's report naming a person
7-12 as having committed an act of child abuse classified as
7-13 'confirmed' or 'unconfirmed' in the report, the person so
7-14 named shall be deemed to be an alleged child abuser for
7-15 purposes of this article.
7-16 (b) A DFACS office which, pursuant to Code Section
7-17 49-5-183, receives an investigator's report naming an
7-18 alleged child abuser shall mail to each alleged child
7-19 abuser so classified in such report a notice regarding
7-20 such classification. The notice shall further inform such
7-21 alleged child abuser of such person's right to a hearing
7-22 and the procedures for obtaining the hearing. The hearing
7-23 shall be for the purpose of an administrative
7-24 determination regarding whether or not there was
7-25 sufficient credible evidence of child abuse by the alleged
7-26 child abuser to justify the investigator's classification
7-27 of such abuse as 'confirmed' or 'unconfirmed.' In order
7-28 to exercise such right, the alleged child abuser must file
7-29 a written request for a hearing with the DFACS office
7-30 which mailed the hearing notice within ten days after
7-31 receipt of such notice. The written request shall contain
7-32 the alleged child abuser's address and, if the person has
7-33 a telephone, a telephone number at which such person may
7-34 be notified of the hearing. It shall be a rebuttable
7-35 presumption that any such notice is received five days
7-36 after deposit in the United States mail.
7-37 (c) A DFACS office which receives a timely written request
7-38 for a hearing under subsection (b) of this Code section
7-39 shall transmit that request to the hearing office within
7-40 ten days after such receipt. Notwithstanding any other
7-41 provision of law, the hearing office shall conduct a
7-42 hearing upon that request as provided in this Code
7-43 section. That hearing shall be held and a decision
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8- 1 rendered within 15 business days following receipt by that
8- 2 hearing office of the request for hearing. The hearing
8- 3 shall be conducted in the county of the DFACS office
8- 4 which transmitted the hearing request to the hearing
8- 5 office. That DFACS office, the investigator whose report
8- 6 and classification created the issues to be determined at
8- 7 such hearing, and the alleged child abuser so classified
8- 8 in that report shall all be notified by mail or by
8- 9 telephone of the time and place of the hearing and be
8-10 given a reasonable opportunity to be heard on the issues.
8-11 (d) At the conclusion of the hearing under subsection (c)
8-12 of this Code section, the hearing office shall order that
8-13 the alleged child abuser's name not be included in the
8-14 abuse registry upon a finding that there is no credible
8-15 evidence that such individual committed the child abuse
8-16 alleged; otherwise, the hearing office shall order listing
8-17 of the alleged child abuser's name on the abuse registry
8-18 as confirmed if there is equal or greater credible
8-19 evidence that such individual committed the abuse than
8-20 such individual did not commit the abuse or as unconfirmed
8-21 if there is some credible evidence that the alleged child
8-22 abuser committed the alleged child abuse but not enough to
8-23 classify the individual as confirmed. The general public
8-24 shall be excluded from hearings of the hearing office held
8-25 pursuant to this article and the files and records
8-26 relating thereto shall be confidential and not subject to
8-27 public inspection.
8-28 (e) Notwithstanding any other provision of law, the
8-29 decision of the hearing office under subsection (d) of
8-30 this Code section may be appealed by the alleged child
8-31 abuser as provided in this Code section. The petition for
8-32 appeal shall be filed within ten days after such decision,
8-33 but may only be filed with and the decision appealed to
8-34 the juvenile court of the county where the hearing took
8-35 place. The procedures for such appeal to the juvenile
8-36 court shall be substantially the same as those for
8-37 superior court review of contested cases under Code
8-38 Section 50-13-19 except that the filing of a petition for
8-39 judicial review stays the listing of the petitioner's name
8-40 upon the abuse registry and the juvenile court shall
8-41 conduct the review and render its decision thereon within
8-42 30 days following the filing of the petition. The review
8-43 and records thereof shall be closed to the public and not
8-44 subject to public inspection. The decision of the
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9- 1 juvenile court under this subsection shall not be subject
9- 2 to further appeal or review.
9- 3 (f) The DFACS office which notifies a person of that
9- 4 person's classification as an alleged child abuser and of
9- 5 that person's right to a hearing regarding that
9- 6 classification shall transmit to the division the
9- 7 investigator's report so naming such person unless that
9- 8 office receives a written request for such hearing within
9- 9 the time for making such request under subsection (b) of
9-10 this Code section. If a timely request for hearing is
9-11 received, the hearing office shall transmit to the
9-12 division its decision regarding the classification of the
9-13 alleged child abuser and the investigator's report
9-14 regarding such individual within ten days following that
9-15 decision unless a petition for judicial review of that
9-16 decision is filed within the permitted time period. If a
9-17 timely petition for judicial review is filed within the
9-18 permitted time period, the juvenile court shall transmit
9-19 to the division its decision regarding the classification
9-20 of the alleged child abuser and the investigator's report
9-21 regarding such individual within ten days following that
9-22 decision.
9-23 (g) No child under the age of 14 shall be compelled to
9-24 appear to testify at any hearing held pursuant to this
9-25 Code section. If a child under the age of 14 testifies
9-26 voluntarily, such testimony shall be given in compliance
9-27 with procedures analogous to those contained in Code
9-28 Section 17-8-55. Nothing in this article shall prohibit
9-29 introducing a child's statement in a hearing held pursuant
9-30 to this Code section if the statement meets the criteria
9-31 of Code Section 24-3-16.
9-32 49-5-184. (Index)
9-33 (a) The division shall include in the abuse registry the
9-34 information reported to it pursuant to Code Section
9-35 49-5-183 within ten days after receipt thereof. If the
9-36 division receives an investigator's report, hearing office
9-37 decision, or juvenile court decision which finds credible
9-38 evidence that an alleged child abuser has committed an
9-39 act of child abuse which is confirmed or unconfirmed, the
9-40 division shall include on the abuse registry the name and
9-41 such classification of the alleged child abuser along with
9-42 the investigator's report regarding such individual.
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10- 1 (b) All identifying information in the abuse registry of
10- 2 cases classified as 'unconfirmed' shall be expunged from
10- 3 the abuse registry within two years after the case is so
10- 4 classified. If at any time a case becomes reclassified as
10- 5 'unfounded' it shall be immediately expunged from the
10- 6 abuse registry.
10- 7 (c) Any individual whose name appears in the abuse
10- 8 registry may petition the juvenile court of the county in
10- 9 which the report was made for expungement at any time.
10-10 The juvenile court, after conducting a hearing at which
10-11 the division has been served with notice and is given a
10-12 reasonable opportunity to be heard, shall order
10-13 expungement upon a finding that there is no reasonable
10-14 basis for the petitioning individual's name to be
10-15 maintained in the abuse registry for the statutorily
10-16 prescribed period. Any person whose name appears in the
10-17 abuse registry without a hearing having been held to
10-18 determine whether or not there was sufficient credible
10-19 evidence of child abuse by such person or a reasonable
10-20 basis to justify such inclusion on the registry is
10-21 entitled to a hearing for an administrative determination
10-22 of that issue and whether or not expungement of the name
10-23 should be ordered. In order to exercise such right, the
10-24 person must file a written request for a hearing with the
10-25 DFACS office of any county in which the investigation was
10-26 conducted which resulted in such person's name being
10-27 included in the abuse registry.
10-28 (d) A DFACS office which receives a written request for a
10-29 hearing by a person entitled to a hearing under subsection
10-30 (c) of this Code section shall transmit that request to
10-31 the hearing office within ten days after such receipt.
10-32 Notwithstanding any other provisions of law, the hearing
10-33 office shall conduct a hearing as provided in this
10-34 subsection. A hearing shall be conducted upon that request
10-35 within 60 days following its receipt by that hearing
10-36 office. The procedures and standards for such hearing
10-37 shall be substantially the same as those for
10-38 administrative hearings under Code Section 49-5-183.1.
10-39 Upon a finding that there is no credible evidence that the
10-40 person who requested the hearing committed the child abuse
10-41 which was the basis for including such person's name on
10-42 the abuse registry, the hearing office shall order the
10-43 division to expunge that name from the registry;
10-44 otherwise, the hearing office shall not take any action
10-45 regarding the inclusion of such person's name on the
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11- 1 registry unless the office finds credible evidence of
11- 2 child abuse by such person which justifies a different
11- 3 classification of the named person than the classification
11- 4 shown on the registry, in which case the office shall
11- 5 order the appropriate classification to be shown by the
11- 6 division on the registry. The general public shall be
11- 7 excluded from such hearings and the files and records
11- 8 relating thereto shall be confidential and not subject to
11- 9 public inspection.
11-10 (e) Notwithstanding any other provision of law, the
11-11 decision of the hearing office under subsection (d) of
11-12 this Code section may be appealed by the person who
11-13 requested the hearing as provided in this subsection. The
11-14 appeal shall be filed within 30 days after such decision,
11-15 but may only be filed with and the decision appealed to
11-16 the juvenile court of the county where the hearing took
11-17 place. The procedures for such appeal to the juvenile
11-18 court shall be substantially the same as those for
11-19 superior court review of contested cases under Code
11-20 Section 50-13-19. The review and records thereof shall be
11-21 closed to the public and not subject to public inspection.
11-22 The decision of the juvenile court under this subsection
11-23 shall not be subject to further appeal or review.
11-24 49-5-185. (Index)
11-25 (a) Only Except as otherwise provided in subsection (c) of
11-26 this Code section and subsection (b) of Code Section
11-27 49-5-186, only an abuse investigator, medical examiner,
11-28 coroner, or out-of-state abuse investigator which has
11-29 investigated, or is investigating, a case of possible
11-30 child abuse shall be provided any information from the
11-31 abuse registry and shall only be provided information
11-32 relating to that case for purposes of using that
11-33 information in such investigation, except as provided in
11-34 subsection (b) of Code Section 49-5-186.
11-35 (b) The department shall provide the Governor's office,
11-36 the General Assembly, district attorneys, and law
11-37 enforcement agencies with a statistical analysis of
11-38 reported cases from the abuse registry at the end of each
11-39 calendar year. This analysis shall not include the names
11-40 of any children, parents, or persons alleged to have
11-41 committed child abuse. This analysis shall not be
11-42 protected by any laws prohibiting the dissemination of
11-43 confidential information.
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12- 1 (c) A person may make a written request to any DFACS
12- 2 office to find out whether such person's name is included
12- 3 on the abuse registry. Upon presentation of a passport,
12- 4 military identification card, driver's license, or
12- 5 identification card authorized under Code Sections
12- 6 40-5-100 through 40-5-104, the office receiving such
12- 7 request shall disclose to such person whether that
12- 8 person's name is included on the abuse registry and, if
12- 9 so, whether the report is classified as confirmed or
12-10 unconfirmed, the date upon which the person's name was
12-11 listed on the registry, and the county in which the
12-12 investigation was conducted which resulted in such
12-13 inclusion.
12-14 49-5-186. (Index)
12-15 (a) Information in the abuse registry shall be
12-16 confidential and access thereto is prohibited except as
12-17 provided in this article. Such information shall not be
12-18 deemed to be a record of child abuse for purposes of
12-19 Article 2 of this chapter.
12-20 (b) Information obtained from the abuse registry may not
12-21 be made a part of any record which is open to the public
12-22 except that a district attorney may use in any court
12-23 proceeding and make public that information in the course
12-24 of any criminal prosecution for any offense which
12-25 constitutes or results from child abuse if such
12-26 information is otherwise admissible.
12-27 (c) Any person who knowingly provides from the abuse
12-28 registry any information to a person not authorized to be
12-29 provided that information under this article, shall be
12-30 guilty of a misdemeanor.
12-31 (d) Any person who knowingly and under false pretense
12-32 obtains or attempts to obtain information which was
12-33 obtained from the abuse registry except as authorized in
12-34 this article shall be guilty of a misdemeanor.
12-35 49-5-187. (Index)
12-36 The department, each DFACS office, and employees thereof
12-37 providing information from the abuse registry as
12-38 authorized by this article and any person who uses such
12-39 information from the abuse registry as authorized by this
12-40 article shall have no civil or criminal liability
12-41 therefor."
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SECTION 3.
13- 1 This section and Section 1 of this Act shall become
13- 2 effective upon approval of this Act by the Governor or upon
13- 3 its becoming law without such approval. Section 1 of this
13- 4 Act shall be applicable in all tribunals and trials
13- 5 initiated prior to, on, or subsequent to such date.
SECTION 4.
13- 6 Except as provided in Section 3 of this Act, this Act shall
13- 7 become effective on July 1, 1995.
SECTION 5.
13- 8 All laws and parts of laws in conflict with this Act are
13- 9 repealed.
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