DFCS’s main concern is the primary caretaker’s ability to nurture and protect their children. All reports require the alleged maltreater to be a caretaker responsible for the child EXCEPT for child sexual abuse/exploitation or labor trafficking. In those cases, it doesn’t matter who is exploiting the child, it should be reported to DFCS.

Reports that do not include allegations or suspicions of the criteria below, are likely to be screened out. DFCS is not responsible for investigating concerns to child wellbeing other than abuse and neglect. It is the community, including educators, neighbors, medical professionals, service providers, and others that interact with children and families, who are responsible for supporting child wellbeing and resourcing families.

1. Child physical abuse- Any non-accidental physical injury or death inflicted upon a child by a parent or caretaker. Physical forms of discipline may be used as long as there is no physical injury to the child. GA Code § 19-15-1 (2022)
2. Child neglect- The failure to provide proper parental care, subsistence, education required by law, or other care needed for a child’s physical, mental, or emotional health; the failure to provide a child with adequate supervision; or the abandonment of a child by his or her parent, guardian, or legal custodian. (GA Code § 15-11-2 (48) (2022)
3. Child sexual abuse and exploitation- Employing, using, persuading, enticing, or coercing any child to engage in any act which involves: sexual intercourse (genital, oral, annual), bestiality, masturbation, exhibition of the genitals in pubic, beating or torture by or upon a person who is nude, Condition of being bound or physically restrained on the part of a person who is nude, physical contact for sexual stimulation or gratification, defecation or urination for the purpose of sexual stimulation, penetration of the vagina or rectum by any object (except as part of a recognized medical procedure), sex trafficking/sexual servitude exploitation (GA Code § 19-15-1(11) (2022)). Exploitation also includes sexually explicit conduct for the purpose of producing visual or print medium (film, photograph, negative, slide, magazine, or other visual medium). Code Section 16-12-100
   • Sex Trafficking- Commercial Sexual Exploitation of Children (CSEC) refers to the sexual abuse or exploitation of a child for the financial benefit of any person or in exchange for anything of value given or received by any person.
   • Sexual Servitude- Any sexually explicit conduct or performance of a child for which anything of value is directly or indirectly given, promised to, or received by any individual.
4. Child labor trafficking- Work or service of economic or financial value which is performed or provided by another individual and is induced or obtained by coercion or deception.
5. Child emotional abuse- Any act of a caregiver that causes observable impairment in a child’s ability to function within a normal range of actions and behavior or that create a risk of impairment. Examples of emotional abuse are verbal threats or bizarre punishment designed to isolate or humiliate by a caretaker. Exposure to domestic violence that results in emotional distress to the child is also consider emotional abuse. Exposure can range from witnessing, hearing, or perceiving the aftermath of domestic violence.
6. Prenatal Abuse- Exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, which results in:
   1. Symptoms of withdrawal in a newborn or newborn testing positive
   2. Medically diagnosed and harmful effects in a newborn’s physical appearance or functioning. (GA Code § 15-11-2(56))
7. Imminent risk of serious harm to the child’s physical, mental, or emotional health.

See DFCS’s Full Intake Criteria 

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.

DFCS’ General Response to Reports:

 

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.

Whether you report anonymously or give your contact information when making a report of abuse or neglect, DFCS will not disclose who made the report to the family. However, sometimes the family may be able to figure it out.

Below is the exact language from Georgia law:

• Reporters are able to make an anonymous report. If the reporter is unwilling to divulge his/her name, the CICC SSCM will continue with the intake report.
• The identity of a person making a report of abuse will not be disclosed to the family by DFCS, but their identity may become know if the case record is subpoenaed in a potential court proceeding. (DHS DFCS codes 2019 page 3). NOTE: If asked or compelled in court to name a reporter, the SAAG/DFCS will request that the reporter’s identity be disclosed in the judge’s chambers.
• If court action is initiated to protect a child, it may be necessary for the reporter to appear in court.

It is a good idea to let families know upfront that staff at your organization are mandated reporters. This information could be included in any disclosure forms, initial conversations prior to services, general family manuals/guides, in parent newsletters sent at the beginning of the school year or summer programs, etc.

Below are some examples of language to use to inform families that you are a mandated reporter and link to any child protection protocol or mandated reporting policy your organization has when possible.

• Ex: Our main mission is to help support you and your family and part of that includes reporting any suspected child abuse, as required by law.
• Ex: Our main mission is to create safe learning environments and help children thrive through our educational programs, part of that includes reporting any suspected child abuse, as required by law.

Mandated reporters do not have to inform families that they plan to make a report or discuss it with them after the report is made. Some professions or organizations may choose to include protocols regarding informing families about reports. Here are some key points to consider:

• You are not required by law to tell families before or after making a report to DFCS, and all reports to DFCS are confidential
• It is not recommended that you inform families you have made a report if:

• • • The report involves sexual abuse. The family’s knowledge of the report could impair the CPS investigation by limiting CPS’s ability to gather information from the child and/or family members.
    • The family’s knowledge of the report would result in immediate danger of further abuse/neglect.

Additional resources: https://www.socialworker.com/feature-articles/practice/mandated-reporting-while-doing-family-work/ 

Mandated reporters are legally obligated to report suspected child abuse and neglect while they are acting in their professional roles and capacities. They are not required by the mandated reporting laws to report suspected abuse outside of their professional role (like at a neighborhood pool) although they are encouraged to report all suspected abuse outside of their professional obligation as well. Additionally, people who are not mandated reporters in a professional role or otherwise CAN make reports of child abuse and neglect.

Since the majority of child abuse and neglect occurs before a child is school aged, thus less likely to be regularly seen by mandated reporters, the responsibility for child and family well-being should be everybody’s business.

Reference: The Georgia Supreme Court case is May v. State, 295 Ga. 388,  761 S.E. 2d 38  (2014)- which found the statute only required mandated reporters to report child abuse for children whom they “attend” in direct connection with their duties in the profession, occupation, employment or volunteer work by which the reporter is identified as a mandated reporter.

Mandated reporters must report suspected child abuse EVEN IF the mandated reporters’ knowledge of the abuse is based on privileged communication or communication confidential by law. (e.g., medical professionals, attorneys)

Georgia’s ONLY exception to this law:

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 (even if the clergy member has also received a report of child abuse from the confession of the perpetrator).

O.C.G.A. § 19-7-5  (Section G)

When a child reports abuse to you, it is very important that you listen without expressing anger or disbelief. Children first need to know that they are believed and that the abuse is not their fault. Listen attentively and ask only open-ended questions, like “then what happened?”

If a child is disclosing information to you:

• Minimize the number of questions you ask
• Avoid the use of leading questions by asking only open-ended questions
• Don’t try to get all of the details
• Believe them and thank them for telling you

Use Open-ended Questions: “Tell me more about that.” Or “I’m not sure I understand, can you explain what happened?”

AVOID Leading or Close-ended Questions: “Did your dad give you that bruise?”  “Were you hurt by someone in your family?” “Why didn’t you stop them.”

As soon as you suscept abuse is occurring report the disclosure immediately to designated reporter or directly to DFCS. It is DFCS’s job to investigate NOT mandated reporters.

During the 2019 General Assembly session, HB 12 passed, which requires public schools to post signs displaying the child abuse reporting hotline, 1-855-GA-CHILD. Request Poster by emailing [email protected].

Poster for Professionals

• Download 11 x 17inch or 8.5 x 11  (also available in Spanish HERE)

Reporting Posters Geared Toward Students

• Middle and High School students that is in both English and Spanish (include GA Cares Hotline and PCA Georgia’s Helpline) 11x17inch version AND 8.5x 11in version
• Elementary School students that is in both English and Spanish 11x17inch version AND 8.5x11inch version

Free Online Training: Protecting Children during a crisis, Darkness to Light’s child sexual abuse prevention strategies for covid-19.

Helplines, Live Chats, and Texting Services 

The Childhelp National Child Abuse Hotline for children and youth is open 24 hours a day, 7 days a week, have translators for over 200 languages. All calls are anonymous. CALL 1-800-4-A-CHILD (1-800-422-4453) then push 1 to talk to a hotline counselor OR go online to www.ChildHelp.org to live chat or text.

For immediate access to routine or crisis services in Georgia, please call the Georgia Crisis and Access Line at 1-800-715-4225, 24/7. The My GCAL app allows youth to call, text, or chat with GCAL 24/7/365. The caring professionals of GCAL are ready to help!

University Faculty and staff are considered mandated reporters and that research/IRBs are subject to State of Georgia laws regarding mandated reporting. Your academic organization should have policies regarding mandated reporting in general and mandated reporting in regards to research (Example from GSU-section 1.5, 1.5.1C, 12.10).

When conducting research with families and children, we recommend research consider adding information on mandated reporting in their research protocols. Below is language that can be included:

• • For participants, one possible risk is that if a provider or research staff member observes, learns about, or suspects abusive behavior towards a child, the incident will have to be reported to child protective services (CPS). In such cases, participant confidentiality will be broken by staff.
  • Participants will be informed at the time of consent, prior to study engagement, that all providers/research staff are mandated reporters, who are legally required to report any suspected child abuse or neglect to CPS. Consent forms will detail that all observed or noted incidents for abusive behavior will be reported to CPS. The increased risk of observing maltreatment by research staff will therefore be small.
  • For all study teams involved in intervention delivery to children and families, a mandated reporting protocol is implemented. Thus, all team members for this project will undergo a mandated reported training with <insert training course.
  • While child maltreatment risk measures are part the data collected from participants using a self-assessment, the data are collected via computer in a de-identified way, such that the assessor nor interventionist are privy to participant self-reports.  Thus, no reporting can be made based on self-reported assessment data. Mandated reporting can occur from what is observed in assessment and intervention sessions. After each assessment or intervention session, assessors and/or providers will be asked to report to <insert research supervisor> whether they saw any significant child risk during the session, and if so, a meeting with be scheduled within 24 hours to discuss the risk issue and determine whether a report should be made to CPS (as is standard protocol for mandated reporters in the state of GA).

University staff who work with families and children on or off campus through various non-research related programs are also mandated reporters and should have programmatic policies on mandated reporting and go through routine mandated reporter training.

Resources and Sample Policies

• CDC’s Preventing Child Sexual Abuse Within Youth-Serving Organizations: Getting Started on Policies and Procedures
• PCA Georgia’s Child Safety Protocols for Organizations
• What can Churches do?

Book/Publication/Video/Workshop	Screening & Selecting employees/ volunteers	Guidelines: Interactions Between Individuals	Monitoring Behavior	Ensuring Safe Environments	Responding	Training employees /volunteers	Training caregivers/ youth	General/ overall
Balancing Acts: Keeping Children Safe in Congregations Reverend Debra Haffner Unitarian Universalist Association; 2005. (www.uua.org/cde/ethics/balancing/)							X	X
Safe Congregations Handbook: Nurturing Healthy Boundaries in Our Faith Communities. Patricia Hoertdoerfer and Fredric Muir Additional Resources Unitarian Universalist Association; 2005.	X	X	X	X	X	X	X	X
Preventing Child Sexual Abuse Within Youth-serving Organizations: Getting Started on Policies and Procedures. Center for Disease Control and Prevention; 2007	X	X	X	X	X	X	X	X
Child Abuse Prevention Code of Conduct YMCA		X	X	X		X		X
AYSO Safe Haven Policies for Child and Volunteer Protection American Youth Soccer Organization	X	X	X	X	X	X		X

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