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

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 Georgia Code 49-5-181 From Courtlistener.com

Total Results: 3

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: Information System, is maintained by DFCS. See OCGA § 49-5-181 (a). The Registry "receive[s] notices regarding

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: statistical data of substantiated cases." OCGA § 49-5-181 (b). Both the placement of the Act in the Code

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: constitutional infirmity to OCGA § 49-5-183.1. OCGA § 49-5-181 requires the Division of Family and Children Services