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2018 Georgia Code 49-5-180 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 49-5-180 Case Law from Google Scholar Amendments to OCGA 49-5-180

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

49-5-180. Definitions.

As used in this article, the term:

  1. "Abuse investigator" means the division, any county department, or any designee thereof.
  2. "Alleged child abuser" means an individual named in an abuse investigator's report as having committed a substantiated case.
  3. "Child" means an individual under 18 years of age.
  4. "Child abuse" shall have the same meaning as in paragraph (4) of subsection (b) of Code Section 19-7-5.
  5. "Child abuse registry" means the Child Protective Services Information System.
  6. "Division" means the Division of Family and Children Services of the department.
  7. "Out-of-state abuse investigator" means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article.
  8. "Sexual abuse" shall have the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5.
  9. "Sexual exploitation" shall have the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5.
  10. "Substantiated case" means an investigation of a child abuse report by an abuse investigator which has been confirmed based upon a preponderance of the evidence that child abuse has occurred.

(Code 1981, §49-5-180, 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, substituted "county department" for "county or district department of family and children services" in paragraph (1); substituted "an individual" for "a person" in paragraph (2); substituted "an individual" for "any person" in paragraph (3); substituted "shall have" for "has" in paragraph (4); deleted former paragraph (5), relating to the definition of "child abuse crime"; redesignated former paragraph (6) as present paragraph (5); deleted former paragraph (7), relating to the definition of "convicted"; deleted former paragraph (8), relating to the definition of "convicted child abuser"; redesignated former paragraphs (9) through (13) as present paragraphs (6) through (10), respectively; and substituted "shall have" for "has" in paragraphs (8) and (9). The second 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised language in this Code section. 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.

Law reviews.

- For review of 1996 social services legislation, see 13 Ga. U. L. Rev. 300 (1996).

Cases Citing O.C.G.A. § 49-5-180

Total Results: 7  |  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

...OCGA § 49-5-183.1 is part of a general statutory scheme providing for the establishment and maintenance of a central registry of confirmed, and unconfirmed, reports of child abuse, known as the "Child Protective Services Information System" ("CPSIS"). See OCGA § 49-5-180 et seq....
...evidence that child abuse occurred), confirmed (at least equal or greater credible evidence that abuse did occur), or unconfirmed (some credible evidence that abuse occurred, but not sufficient evidence to classify the report as confirmed). See OCGA § 49-5-180(6), (10), & (12); OCGA § 49-5-183(a)....
...Jackson was tried and acquitted on all five counts of child molestation, yet DFACS expressed its intention to continue its efforts to have Jackson listed on the CPSIS as "confirmed." Prior to the hearing before the ALJ, Jackson filed this action challenging the constitutionality of OCGA §§ 49-5-180, 49-5-183, and 49-5-183.1, and asking for an injunction against the scheduled hearing or any other efforts by DFACS to include him on the registry....
...e their classification. OCGA § 49-5-183.1 is the only portion of the Act that provides the person so accused with any recourse. Unfortunately, it does not do so in a manner which comports with federal due process. Consequently, the entire Act, OCGA § 49-5-180 et seq., must be declared unconstitutional....
...I am authorized to state that Justice HUNSTEIN joins in Division 3 of this special concurrence. NOTES [1] Defined as the state Department of Human Resources, any county office of the Department of Family and Children Services, a "law enforcement agency, or district attorney or designee thereof." OCGA § 49-5-180(1)....
...The registry is available to medical examiners, coroners, and "abuse investigators" from Georgia or other states. An abuse investigator includes the Department of Human Resources, all DFACS offices, law enforcement agencies, and district attorneys and their designees. OCGA § 49-5-180(1)....
...recitation of what the three-year-old child stated without producing the victim, any independent corroborative evidence, or any recording or transcript of the victim's statement). [19] See id. 641 A.2d at 1152. [20] OCGA § 49-5-183(b)(3). [21] OCGA § 49-5-180(10)....
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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

...hild Protective Services Information System (“the Act”), is a statutory system that provides for the establishment and maintenance of a central registry containing information about “substantiated” cases of child abuse. See OCGA §§ 49-5-180 – 49-5-187....
...I got off of him and walked away a little from him to make him stop. According to K. S.’s statement, Steiner was 52 years old at the time. DFCS conducted an investigation and determined that this encounter was a “substantiated case” of child sexual abuse, as defined in OCGA § 49-5-180 (8) and (10) and OCGA § 19-7-5 (b) (10).2 Steiner’s name and identifying information were therefore added to the child abuse registry, along with a copy of the DFCS investigator’s report and a classification of the abuse as sexual. 2 OCGA § 49-5-180 (10) defines a “[s]ubstantiated case” as “an investigation of a child abuse report by an abuse investigator which has been confirmed based upon a preponderance of the evidence that child abuse has occurred.” OCGA § 49-5-180 (8) refers to the definition of child sexual abuse in OCGA § 19-7-5 (b) (10), which in turn defines “sexual abuse” of a minor as, in relevant part: ... [A] person’s employing, us...
...a child abuse investigator is performing a judicial function when he or she determines that a report of child abuse is a “substantiated case”—that is, that the report “has been confirmed based upon a preponderance of the evidence.” OCGA § 49-5-180 (10)....
...as defined in the Act, the superior court erred in reversing the ALJ’s finding on this issue. Judgment reversed. All the Justices concur. abuse as it is defined in the Act, except in certain circumstances not present here. See OCGA §§ 49-5-180 (8); 19-7-5 (b) (10). PETERSON, Justice, concurring. When DFCS determined that Christopher Steiner was to be designated as a “substantiated” child abuser for the rest of his life, it gave him notice of this decision in...
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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

...I got off of him and walked away a little from him to make him stop. According to K.S.'s statement, Steiner was 52 years old at the time. DFCS conducted an investigation and determined that this encounter was a "substantiated case" of child sexual abuse, as defined in OCGA § 49-5-180 (8) & (10) and OCGA § 19-7-5 (b) (10).2 *889Steiner's name and identifying information were therefore added to the child abuse registry, along with a copy of the DFCS investigator's report and a classification of the abuse as sexual. I...
...rgument that a child abuse investigator is performing a judicial function when he or she determines that a report of child abuse is a "substantiated case"-that is, that the report "has been confirmed based upon a preponderance of the evidence." OCGA § 49-5-180 (10)....
...finding that DFCS proved an act of child abuse as defined in the Act, the superior court erred in reversing the ALJ's finding on this issue. Judgment reversed. All the Justices concur. Steiner reportedly is or was a friend of K.S.'s mother. OCGA § 49-5-180 (b)(10) defines a "[s]ubstantiated case" as "an investigation of a child abuse report by an abuse investigator which has been confirmed based upon a preponderance of the evidence that child abuse has occurred." OCGA § 49-5-180 (b)(8) refers to the definition of child sexual abuse in OCGA § 19-7-5 (b) (10), which in turn defines "sexual abuse" of a minor as, in relevant part: a person's employing, using, persuading, inducing, enticing, or coercing any minor wh...
...Here, as in Smith , these factors "are of little weight." Smith , 538 U.S. at 105, 123 S.Ct. 1140. We note that lack of consent of the minor victim is not an element of child sexual abuse as it is defined in the Act, except in certain circumstances not present here. See OCGA §§ 49-5-180 (8) ; 19-7-5 (b) (10).
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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

...ent of Human Services; Bobby Cagle, who was at the time the Director of DFCS; and Frazier, all in their individual as well as official capacities.5 The plaintiffs asked the court to declare **429unconstitutional all of the Registry statutes ( OCGA §§ 49-5-180 through 49-5-187 ) along with all of the rules implementing those statutes ( Ga....
...nity to be heard before being added to the Registry; the notices sent to the plaintiffs were insufficient because they did not give the names of the children or specific dates for the alleged abuse; and the definition of "substantiated case" in OCGA § 49-5-180 is vague....
...The court also held that the Registry statutes violate equal protection because they treat alleged abusers who are minors differently than adults, and violate the constitutional *25separation of powers because Frazier performed both executive and judicial branch functions. The court therefore declared OCGA §§ 49-5-180 through 49-5-187 and the implementing rules to be unconstitutional "on their face and as applied to" the plaintiffs and permanently enjoined the defendants from classifying the plaintiffs as substantiated child abusers on the Registry....
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Jenkins v. Walker, 700 S.E.2d 362 (Ga. 2010).

Cited 3 times | Published | Supreme Court of Georgia | Sep 20, 2010 | 287 Ga. 783, 2010 Fulton County D. Rep. 3009

...The relief requested by Jenkins was essentially two-fold: (1) that DFACS be ordered to remove his name from any child abuse registry and inform the divorce court that the investigation had been closed and (2) that the safety plans agreed to by his wife be declared unconstitutional violations of due process pursuant to OCGA § 49-5-180 et seq....
...Again, to the extent that Jenkins wishes to revisit these decisions, he should take appropriate action in the divorce court. Finally, Jenkins has failed to establish any violation of his due process rights with regard to the safety plans. In this regard, Jenkins' claims are based on the provisions of OCGA § 49-5-180 et seq....
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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

...rtment of Human Services; Bobby Cagle, who was at the time the Director of DFCS; and Frazier, all in their individual as well as official capacities.5 The plaintiffs asked the court to declare unconstitutional all of the Registry statutes (OCGA §§ 49-5-180 through 49-5-187) along with all of the rules implementing those statutes (Ga....
...given an opportunity to be heard before being added to the Registry; the notices sent to the plaintiffs were insufficient because they did not give the names of the children or specific dates for the alleged abuse; and the definition of “substantiated case” in OCGA § 49-5-180 is vague....
...The court also held that the Registry statutes violate equal protection because they treat alleged abusers who are minors differently than adults, and violate the constitutional separation of powers because Frazier performed both executive and judicial branch functions. The court therefore declared OCGA §§ 49-5-180 through 49-5-187 and the implementing rules to be unconstitutional “on their face and as applied to” the plaintiffs and permanently enjoined the defendants from classifying the plaintiffs as substantiated child abusers on the Registry....
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Fulton Cnty. Dep't of Fam. & Child. Servs. v. R. S. G., 269 Ga. 336 (Ga. 1998).

Published | Supreme Court of Georgia | Mar 20, 1998 | 496 S.E.2d 732, 98 Fulton County D. Rep. 901

Hunstein, Justice. Having held OCGA § 49-5-180 et seq....