Georgia Mandated Reporter Information

Physical Abuse–  Any non-accidental physical injury suffered by a child as the result of the acts or omissions of a person responsible for the care of a child. O.C.G.A. § 15-11-2 (2) (A) (2015). In Georgia, the law is very intentional to exclude physical forms of discipline, however the line between physical discipline and abuse is not clear. While corporal punishment is allowed there are limits. Corporal punishment that leaves marks or physical injuries (such as bruises) is not legal. If you are concerned about visible markings, punishments that seem excessive or you suspect child abuse, report it to DFCS immediately!

Neglect– The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child’s physical, mental, or emotional health or morals; the failure to provide a child with adequate supervision necessary for such child’s well-being; or the abandonment of a child by his or her parent, guardian, or legal custodian. (O.C.G.A. § 49-5-180(5)(B))

Sexual Abuse or sexual exploitation of a child– Exploitation of a child for the sexual gratification of an adult or older child. Includes: fondling, sodomy, rape, commercial sexual exploitation of children (sex trafficking), indecent exposure and exhibitionism, or utilizing the internet as a vehicle for exploitation.

Child Endangerment (OCGA 19-7-5)

• Prenatal Abuse- Exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, which results in an infant testing positive at birth or presenting physical or developmental signs of maternal substance abuse or alcohol abuse at birth(§ 15-11-2(56)). Infant must be born and identified by medical personnel as being affected by substance abuse or withdrawal symptoms from drug exposure or Fetal Alcohol Spectrum Disorder (FASDs).
• When a person intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or a person has knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
• Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine
• Driving under the influence with a child in the vehicle

Reports can be make by calling 1-855-GA-Child (1-855-422-4453) or online at cps.dhs.ga.gov.

The Department of Family and Child Services (DFCS) receives the report and then sends out a social worker to determines if there is cause for an investigation. It is DFCS’s responsibility to take appropriate measures to protect the child.

Georgia law generally requires those who work with families or who come in contact with children to report suspected child maltreatment.  According to Georgia law, the following persons must report abuse:

• Physicians, interns or residents;
• Hospital or medical personnel;
• Dentists;
• Licensed psychologists and interns;
• Podiatrists;
• RPNs and LPNs;
• Professional counselors, social workers, or marriage and family therapists;
• School teachers, administrators, guidance counselors, visiting teachers, social workers, or psychologists;
• Child welfare agency personnel;
• Child-counseling personnel;
• Child service organization personnel (includes volunteers);
• Law enforcement personnel;
• Reproductive health care facility or pregnancy resource center personnel and volunteers

The list of mandated reporters was expanded July 1, 2012 and includes:

• Child service organization personnel :  persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children.
• Clergy:  ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization.

Confession exception:  A member of the clergy shall not be required to report child abuse reported solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice.  When a clergy member receives information about child abuse from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of child abuse from the confession of the perpetrator.