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2018 Georgia Code 49-5-182 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 49-5-182 Case Law from Google Scholar Amendments to OCGA 49-5-182

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

49-5-182. Notice to division of substantiated case resulting from investigation by abuse investigator.

An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or otherwise and determines that it is a substantiated case if the alleged child abuser was at least 13 years of age at the time of the commission of the act shall notify the division within 30 business days following such determination. Such notice may be submitted electronically and shall include the following:

  1. Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused;
  2. Name, age, sex, race, social security number, and birthdate of the parents, custodian, or caretaker of the child alleged to have been abused, if known;
  3. Name, age, sex, race, social security number, and birthdate of the person who committed the substantiated case; and
  4. A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (4) of subsection (b) of Code Section 19-7-5 as either sexual abuse, physical abuse, child neglect, or a combination thereof.

(Code 1981, §49-5-182, enacted by Ga. L. 2015, p. 552, § 11/SB 138; Ga. L. 2016, p. 773, § 8/HB 905; Ga. L. 2016, p. 864, § 49/HB 737.)

The 2016 amendments. The first 2016 amendment, effective July 1, 2016, deleted the subsection (a) designation; and deleted former subsection (b), which read: "Upon receipt of a sentence for a convicted child abuser, the prosecuting attorney shall notify the division within 30 business days following such receipt. Such notice may be submitted electronically and shall include the following:

"(1) A certified copy of the sentence;

"(2) A complete history of the conviction, including a certified copy of the indictment, accusation, or both, and such other information as the division may require;

"(3) Name, age, sex, race, social security number, and birthdate of the victim of child abuse by the convicted child abuser, if known; and

"(4) Name, age, sex, race, social security number, and birthdate of the parents, custodian, or caretaker of the victim of child abuse by the convicted child abuser, if known." The second 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (b)(2). See Editor's notes regarding the effect of these amendments.

Editor's notes.

- Ga. L. 2016, p. 864, § 54(e)/HB 737, not codified by the General Assembly, provides that: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2016 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to this Code section by Ga. L. 2016, p. 864, § 49(3)/HB 737 was not given effect.

JUDICIAL DECISIONS

DFCS investigator's determination of child abuse registry listing did not violate separation of powers.

- Under the Child Protective Services Information System, O.C.G.A. § 49-5-180 et seq., an alleged child abuser has the right to a hearing before an administrative law judge, who makes the final agency decision after hearing evidence and argument from the alleged abuser and from DFCS. The role of the abuse investigator in the determination of whether an incident should be in the child abuse registry does not violate the constitutional principle of separation of powers. Ga. Dep't of Human Servs. v. Steiner, 303 Ga. 890, 815 S.E.2d 883 (2018).

Cases Citing O.C.G.A. § 49-5-182

Total Results: 4  |  Sort by: Relevance  |  Newest First

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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

...The Act requires that DFCS investigate reports of child abuse and, if the abuse investigator finds by a preponderance of the evidence that an act of child abuse occurred, information must be added to the registry about the abuse, the abuser, the child victim, and the child’s guardian. See OCGA §§ 49-5-182, 49-5-183....
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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

...The Act requires that DFCS investigate reports of child abuse and, if the abuse investigator finds by a preponderance of the evidence that an act of child abuse occurred, information must be added to the registry about the abuse, the abuser, the child victim, and the child's guardian. See OCGA §§ 49-5-182, 49-5-183....
...With respect to the child abuse registry, the abuse investigator's role is limited to investigating reports of child abuse and notifying DFCS if the investigator finds sufficient evidence to conclude that the abuse more likely than not occurred. See OCGA § 49-5-182....
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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

...Access to the Registry is limited to certain groups, including "abuse investigator[s]," government agencies that license entities that have interactions with children, and "licensing entit[ies]." OCGA § 49-5-185. OCGA § 49-5-183 (a) says: Upon receipt of an investigator's report of a substantiated case pursuant to Code Section 49-5-182 naming an alleged child abuser, the division [i.e., DFCS]: (1) Shall include in the child abuse registry the name of the alleged child abuser, the classification of the abuse as provided in paragraph (4) of Code Section 49-5-182, and a copy of the investigator's report; and (2) Shall mail to such alleged child abuser in such report a notice regarding the substantiated case via certified mail, return receipt requested....
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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

...for a hearing within ten days of receipt of his or her notices.3 The administrative law judge (ALJ) 2 OCGA § 49-5-183 (a) says: Upon receipt of an investigator’s report of a substantiated case pursuant to Code Section 49-5-182 naming an alleged child abuser, the division [i.e., DFCS]: (1) Shall include in the child abuse registry the name of the alleged child abuser, the classification of the abuse as provided in paragraph (4) of Code Section 49-5-182, and a copy of the investigator’s report; and (2) Shall mail to such alleged child abuser in such report a notice regarding the substantiated case via certified mail, return receipt requested....