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2018 Georgia Code 49-5-181 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 49-5-181 Case Law from Google Scholar Amendments to OCGA 49-5-181

TITLE 49 SOCIAL SERVICES

Section 5. Programs and Protection for Children and Youth, 49-5-1 through 49-5-281.

ARTICLE 8 CENTRAL CHILD ABUSE REGISTRY

49-5-181. Establishment of central registry; function of registry.

  1. The division shall establish and maintain a central child abuse registry which shall be known as the "Child Protective Services Information System." The child abuse registry shall receive notice regarding substantiated cases occurring on and after July 1, 2016, reported to the division pursuant to Code Section 49-5-182.
  2. The child abuse registry shall be operated in such a manner as to enable abuse investigators to:
    1. Immediately identify and locate substantiated cases; and
    2. Maintain and produce aggregate statistical data of substantiated cases.

(Code 1981, §49-5-181, enacted by Ga. L. 2015, p. 552, § 11/SB 138; Ga. L. 2016, p. 773, § 8/HB 905.)

The 2016 amendment, effective July 1, 2016, substituted the present provisions of subsection (a) for the former provisions, which read: "The division shall establish and maintain a central child abuse registry which shall be known as the 'Child Protective Services Information System.' The child abuse registry shall receive notice regarding:

"(1) Substantiated cases occurring on and after July 1, 2016, reported to the division pursuant to subsection (a) of Code Section 49-5-182; and

"(2) Convicted child abusers on and after July 1, 2016, reported to the division pursuant to subsection (b) of Code Section 49-5-182."; deleted "and convicted child abusers" following "cases" in paragraph (b)(1); and deleted "and cases of child abuse in which a person was convicted" following "cases" in paragraph (b)(2).

Law reviews.

- For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 268 (1990).

JUDICIAL DECISIONS

Registry listing civil, not punitive.

- Central child abuse registry statutory scheme was civil, not punitive in nature; therefore, an alleged abuser was not entitled to the full panoply of rights afforded to a criminal defendant. Ga. Dep't of Human Servs. v. Steiner, 303 Ga. 890, 815 S.E.2d 883 (2018).

RESEARCH REFERENCES

ALR.

- Constitutional challenges to state child abuse registries, 36 A.L.R.6th 475.

Cases Citing O.C.G.A. § 49-5-181

Total Results: 5  |  Sort by: Relevance  |  Newest First

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State v. Jackson, 496 S.E.2d 912 (Ga. 1998).

Cited 32 times | Published | Supreme Court of Georgia | Mar 20, 1998 | 269 Ga. 308, 98 Fulton County D. Rep. 901

...n the administrative proceedings is unconstitutional and central to the general scope of the Act; therefore, OCGA § 49-5-183.1 must be struck down in its entirety. Nor is it possible to limit the constitutional infirmity to OCGA § 49-5-183.1. OCGA § 49-5-181 requires the Division of Family and Children Services of the Department of Human Resources to establish and maintain a central registry....
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Georgia Dep't of Human Servs., Div. of Fam. & Child. Servs. v. Steiner, 303 Ga. 890 (Ga. 2018).

Cited 15 times | Published | Supreme Court of Georgia | Jun 18, 2018

...nd Youth.” The registry is to be “operated in such a manner as to enable abuse investigators to: (1) Immediately identify and locate substantiated cases; and (2) Maintain and produce aggregate statistical data of substantiated cases.” OCGA § 49-5-181 (b)....
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Ga. Dep't of Human Servs. v. Steiner, 815 S.E.2d 883 (Ga. 2018).

Cited 15 times | Published | Supreme Court of Georgia | Jun 18, 2018

...Children and Youth." The registry is to be "operated in such a manner as to enable abuse investigators to: (1) Immediately identify and locate substantiated cases; and (2) Maintain and produce aggregate statistical data of substantiated cases." OCGA § 49-5-181 (b)....
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Ga. Dep't of Human Servs. v. Addison, 819 S.E.2d 20 (Ga. 2018).

Cited 13 times | Published | Supreme Court of Georgia | Sep 10, 2018 | 304 Ga. 425

...Judgment reversed in part and vacated in part, and case remanded with direction. Melton, C.J., Benham, Hunstein, Blackwell, Boggs, and Peterson, JJ., concur. The Registry, which is also known as the Child Protective Services Information System, is maintained by DFCS. See OCGA § 49-5-181 (a)....
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Georgia Dep't of Human Servs. v. Addison, 304 Ga. 425 (Ga. 2018).

Published | Supreme Court of Georgia | Sep 10, 2018

...ual children, informing the plaintiff of his or her right to a hearing to appeal the determination and the 1 The Registry, which is also known as the Child Protective Services Information System, is maintained by DFCS. See OCGA § 49-5-181 (a)....