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2018 Georgia Code 49-5-186 | 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

49-5-186. Confidentiality of information in registry; penalties for unauthorized use of information.

  1. Information in the child abuse registry shall be confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of this chapter.
    1. Information obtained from the child abuse registry shall not be made a part of any record which is open to the public except as provided in paragraph (2) of this subsection; provided, however, that a district attorney may use such information in any court proceeding in the course of any criminal prosecution, if such information is otherwise admissible.
    2. Notwithstanding any other provisions of law, information in the child abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent, which information relates to the child while in the custody of such state department or agency or foster parent, shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50.
  2. Any person who knowingly provides any information from the child abuse registry to a person not authorized to be provided such information under this article shall be guilty of a misdemeanor.
  3. Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the child abuse registry, except as authorized in this article, shall be guilty of a misdemeanor.

(Code 1981, §49-5-186, 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, added a comma following "Title 50" in the first sentence of subsection (a). The second 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, made identical changes.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, "this chapter" was substituted for "Chapter 5 of Title 49" in the second sentence of subsection (a).

Pursuant to Code Section 28-9-5, in 1995, a comma was deleted following "this article" in subsection (c).

JUDICIAL DECISIONS

Cited in Ga. Dep't of Human Servs. v. Steiner, 303 Ga. 890, 815 S.E.2d 883 (2018).

Cases Citing Georgia Code 49-5-186 From Courtlistener.com

Total Results: 2

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: information "is otherwise admissible." OCGA § 49-5-186 (b) (1). This provision does not change the operation

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: Despite requirements of confidentiality, see OCGA § 49-5-186, there is the clear potential for impairment of