✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
As used in this article, the term: "Abuse investigator" means the division, any county department, or any designee thereof. "Alleged child abuser" means an individual named in an abuse investigator's report as having committed a substantiated case. "Child" means an individual under 18 years of age. "Child abuse" shall have the same meaning as in paragraph (4) of subsection (b) of Code Section 19-7-5 . "Child abuse registry" means the Child Protective Services Information System. "Division" means the Division of Family and Children Services of the department. "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. "Sexual abuse" shall have the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5 . "Sexual exploitation" shall have the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5 . "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.
History
(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.)
Notes of Decisions
Cited in 11
cases, 1995–2020 · leading case: State v. Jackson, 496 S.E.2d 912 (Ga. 1998).
State v. Jackson, 496 S.E.2d 912 (Ga. 1998). · cites it 28דSee OCGA § 49-5-180 et seq. ("the Act"). Under the Act, when an abuse investigator [1] completes an investigation of a child abuse report, the investigator makes a written report to a county office of the Department of Family and Children Services ("DFACS"), classifying the…”
Georgia Dep't of Human Servs. v. Steiner, 303 Ga. 890 (2018). · cites it 12דSee OCGA §§ 49-5-180 – 49-5-187. 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…”
Ga. Dep't of Human Servs. v. Steiner, 815 S.E.2d 883 (Ga. 2018). · cites it 10דDFCS 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).”
Ga. Dep't of Human Servs. v. Addison, 819 S.E.2d 20 (Ga. 2018). · cites it 6ד5 The plaintiffs asked the court to declare **429 unconstitutional all of the Registry statutes ( OCGA §§ 49-5-180 through 49-5-187 ) along with all of the rules implementing those statutes ( Ga.”
In the Interest of I. B., 464 S.E.2d 865 (Ga. Ct. App. 1995). · cites it 2דSee OCGA § 49-5-180 et seq. The following May, the father petitioned the juvenile court to expunge his name from the child abuse registry, pursuant to OCGA § 49-5-184 (c).”
Turner v. State, 500 S.E.2d 628 (Ga. Ct. App. 1998). · cites it 2ד308 ( 496 SE2d 912 ) (1998), which recently held a substantially different though distantly related statute (the central child abuse registry law — OCGA § 49-5-180 et seq.) unconstitutional for lack of due process protection.”
Jenkins v. Walker, 700 S.E.2d 362 (Ga. 2010). · cites it 4דThe 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…”
Georgia Dep't of Human Servs. v. Addison, 304 Ga. 425 (2018). · cites it 6ד5 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.”
Patrick Schuman v. Georgia Dep't of Human Servs., 841 S.E.2d 218 (Ga. Ct. App. 2020). · cites it 5ד” “Division” is defined in OCGA § 49-5-180 (6) to “mean[] the Department of Family and Children Services [“DFACS”] of the department,” and “department” means the Department of Human Services.”
State v. Jackson, 496 S.E.2d 912 (Ga. 1998). “See OCGA § 49-5-180 et seq. ("the Act"). Under the Act, when an abuse investigator [1] completes an investigation of a child abuse report, the investigator makes a written report to a county office of the Department of Family and Children Services ("DFACS"), classifying the…”
49-5-180(10): 1 case
State v. Jackson, 496 S.E.2d 912 (Ga. 1998). “See OCGA § 49-5-180 et seq. ("the Act"). Under the Act, when an abuse investigator [1] completes an investigation of a child abuse report, the investigator makes a written report to a county office of the Department of Family and Children Services ("DFACS"), classifying the…”
49-5-180(6): 1 case
State v. Jackson, 496 S.E.2d 912 (Ga. 1998). “See OCGA § 49-5-180 et seq. ("the Act"). Under the Act, when an abuse investigator [1] completes an investigation of a child abuse report, the investigator makes a written report to a county office of the Department of Family and Children Services ("DFACS"), classifying the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.