HB178.html

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that a local law enforcement officer shall conduct the initial investigation of alleged child abuse; to provide that an employee of the child welfare agency providing protective services as designated by the Department of Human Resources may assist in the initial investigation of alleged child abuse; to change certain provisions relating to the child abuse protocol committee and the written child abuse protocol; to change the provisions relating to investigation of abuse, neglect, or other acts which adversely affect health of child in custody disputes; to repeal conflicting laws; and for other purposes.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in their entirety subsections (e) and (f) of Code Section 19-7-5, relating to reporting of child abuse, and inserting in lieu thereof new subsections (e) and (f) to read as follows:
"(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 local law enforcement agency and a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to the ~~an appropriate police authority or~~ district attorney. A local law enforcement officer shall conduct the initial investigation of alleged abuse. An employee of the child welfare agency providing protective services may assist the law enforcement officer in such initial investigation. 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~~ local law enforcement agency. 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 local law enforcement agency and 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."

Said title is further amended by striking in its entirety subsection (a) of Code Section 19-9-4, relating to investigation of abuse, neglect, or other acts which adversely affect health of child in custody disputes, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents; provided, however, that if there is a specific recitation of actual abuse, the court shall direct the local law enforcement agency to conduct an initial investigation of the alleged abuse. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court´s opinion the investigation would be useful in determining placement or custody of the child. The court may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the court directing the investigation. Any report made at the direction of the court shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is given."

Said title is further amended by striking in their entirety subsections (f) and (h) of Code Section 19-15-2, relating to child abuse protocol committees and the written child abuse protocol, and inserting in lieu thereof new subsections (f) and (h) to read as follows:
"(f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child, including counseling; provided, however, that the initial investigation of alleged child abuse shall be conducted by a local law enforcement officer who may be assisted by an employee of a child welfare agency providing protective services."
"(h) Each committee shall adopt or amend its written child abuse protocol no later than December 1, 1993, to specify, after the initial investigation of alleged child abuse, the circumstances under which law enforcement officers will and will not be required to accompany child abuse investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany child abuse investigators after the initial investigation, the committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each committee shall establish joint work efforts between the law enforcement and child abuse investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol will be further amended to specify procedures to be adopted by the committee to ensure that written protocol procedures are followed. The committee shall meet at least semiannually and shall issue a report no later than the first day of July in 1994 and no later than the first day of July each year thereafter. That report shall evaluate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be transmitted to the county governing authority, the fall term grand jury of the judicial circuit, the State-wide Child Abuse Prevention Panel, and the chief superior court judge."