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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 Georgia Code 49-5-180 From Courtlistener.com

Total Results: 5

Ga. Dep't of Human Servs. v. Addison

Court: Supreme Court of Georgia | Date Filed: 2018-09-10

Citation: 819 S.E.2d 20, 304 Ga. 425

Snippet: **429unconstitutional all of the Registry statutes ( OCGA §§ 49-5-180 through 49-5-187 ) along with all of the rules

Ga. Dep't of Human Servs. v. Steiner

Court: Supreme Court of Georgia | Date Filed: 2018-06-18

Citation: 815 S.E.2d 883

Snippet: case" of child sexual abuse, as defined in OCGA § 49-5-180 (8) & (10) and OCGA § 19-7-5 (b) (10).2 *889Steiner's

Jenkins v. Walker

Court: Supreme Court of Georgia | Date Filed: 2010-09-20

Citation: 700 S.E.2d 362, 287 Ga. 783, 2010 Fulton County D. Rep. 3009, 2010 Ga. LEXIS 605

Snippet: unconstitutional violations of due process pursuant to OCGA § 49-5-180 et seq.[2] DHS filed a motion to dismiss Jenkins'

Fulton County Department of Family & Children Services v. R. S. G.

Court: Supreme Court of Georgia | Date Filed: 1998-03-20

Citation: 269 Ga. 336, 496 S.E.2d 732, 98 Fulton County D. Rep. 901, 1998 Ga. LEXIS 381

Snippet: Hunstein, Justice. Having held OCGA § 49-5-180 et seq. to be unconstitutional in State of Ga. v. Jackson

State v. Jackson

Court: Supreme Court of Georgia | Date Filed: 1998-03-20

Citation: 496 S.E.2d 912, 269 Ga. 308, 98 Fulton County D. Rep. 901, 1998 Ga. LEXIS 382

Snippet: Services Information System” (“CPSIS”). See OCGA § 49-5-180 et seq. (“the Act”). Under the Act, when an abuse