Mandatory Reporting

Published .

Mandated Reporter Law - O.C.G.A. §19-7-5 (2016)
(a) The purpose of this Code section is to provide for the protection of children. It is intended that mandatory reporting will cause the protective services of the state to be brought to bear on the situation in an effort to prevent abuses, to protect and enhance the welfare of children, and to preserve family life wherever possible. This Code section shall be liberally construed so as to carry out the purposes thereof.
(b) As used in this Code section, the term:
(1) "Abortion" shall have the same meaning as set forth in Code Section 15-11-681.
(2) "Abused" means subjected to child abuse.
(3) "Child" means any person under 18 years of age.
(4) "Child abuse" means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof;
(C) Endangering a child;
(D) Sexual abuse of a child; or
(E) Sexual exploitation of a child.
However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an abused child.
(5) "Child service organization personnel" means 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.
(6) "Clergy" means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization.
(6.1) "Endangering a child" means:
(A) Any act described by subsection (d) of Code Section 16-5-70;
(B) Any act described by Code Section 16-5-73;
(C) Any act described by subsection (l) of Code Section 40-6-391; or
(D) Prenatal abuse, as such term is defined in Code Section 15-11-2.
(7) "Pregnancy resource center" means an organization or facility that:
(A) Provides pregnancy counseling or information as its primary purpose, either for a fee or as a free service;
(B) Does not provide or refer for abortions;
(C) Does not provide or refer for FDA approved contraceptive drugs or devices; and
(D) Is not licensed or certified by the state or federal government to provide medical or health care services and is not otherwise bound to follow the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or federal laws relating to patient confidentiality.
(8) "Reproductive health care facility" means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, or gynecological care and services.
(9) "School" means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education.
(10) "Sexual abuse" means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not such person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;
(H) Defecation or urination for the purpose of sexual stimulation; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
Sexual abuse shall include consensual sex acts when the sex acts are between minors if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.
(11) "Sexual exploitation" means conduct by any person who allows, permits, encourages, or requires a child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100.

What is Mandated Reporting?

Mandated reporting is the early recognition of child maltreatment with the goal of preventing further abuse from occurring. Many mandated reporters have professional relationships with children that make it possible for children to disclose abuse or for the mandated reporter to identify maltreatment.

Anyone working with children under 18 years of age who have reasonable cause to suspect child abuse or neglect should report it. However, certain professions are required by law to report suspected child abuse or neglect in Georgia. The majority of reports are made by mandated reporters, making them a first line of defense. The law protects and prevent further abuse and its adverse effects as well as bring protective services into the home with the hopes of improving the child’s welfare and preserve the family when possible.

How to Report

A report must be made within 24 hours by phone or electronically:

  • DFCS’ centralized intake is available 24/7, 1-855-GACHILD (18554224453
  • If the child is in immediate danger, report to law enforcement (911).
  • Remember to comply with any internal workplace protocols.

What if a child or family just needs resources or support?
Call 1-800-CHILDREN (1-800-244-5373) to speak with a resource navigator or search the online resource map

In the case of minors, EMS are legally required to report their findings. Other states may have laws requiring mandatory reporting for elder abuse, some infectious diseases, and certain crimes. In some states, there could be legal ramifications to non-reporting. In any case, ensure that the details of the case are documented fully in the patient care report.

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