Title 19, Chapter 15, Section 2
( 19-15-2)
(a) Each county shall be required to establish a child abuse
protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the
county is located shall establish a child abuse protocol committee
as provided in subsection (c) of this Code section and shall appoint
an interim chairperson who shall preside over the first meeting and
the chief superior court judge shall appoint persons to fill any
vacancies on the committee. Thus established, the committee shall
thereafter elect a chairperson from its membership. (c)(1) Each of the following agencies of the county shall
designate a representative to serve on the committee: (A) The office of the sheriff; (B) The county department of family and children services; (C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties
which have a county police department; (I) The office of the chief of police of the largest
municipality in the county; (J) The county board of health, which shall designate a
physician to serve on the committee; and (K) The office of the coroner or county medical examiner. (2) In addition to the representatives serving on the committee as
provided for in paragraph (1) of this subsection, the chief
superior court judge shall designate a representative from a local
citizen or advocacy group which focuses on child abuse awareness
and prevention. (3) If any designated agency fails to carry out its duties
relating to participation on the committee, the chief superior
court judge of the circuit may issue an order requiring the
participation of such agency. Failure to comply with such order
shall be cause for punishment as for contempt of court. (d) Each protocol committee shall elect or appoint a chairperson who
shall be responsible for ensuring that written protocol procedures
are followed by all agencies. That person can be independent of
agencies listed in paragraph (1) of subsection (c) of this Code
section. The child abuse protocol committee thus established may
appoint such additional members as necessary and proper to
accomplish the purposes of the protocol committee.
(e) The protocol committee shall, by July 1, 2001, adopt a written
child abuse protocol which shall be filed with the Division of
Family and Children Services of the Department of Human Resources
and the Georgia Child Fatality Review Panel, a copy of which shall
be furnished to each agency in the county handling the cases of
abused children. The protocol shall be a written document outlining
in detail the procedures to be used in investigating and prosecuting
cases arising from alleged child abuse and the methods to be used in
coordinating treatment programs for the perpetrator, the family, and
the child. The protocol shall also outline procedures to be used
when child abuse occurs in a household where there is violence
between past or present spouses, persons who are parents of the same
child, parents and children, stepparents and stepchildren, foster
parents and foster children, or other persons living or formerly
living in the same household. (f) The purpose of the protocol shall be to ensure coordination and
cooperation between all agencies involved in a child abuse case so
as to increase the efficiency of all agencies handling such cases,
to minimize the stress created for the allegedly abused child by the
legal and investigatory process, and to ensure that more effective
treatment is provided for the perpetrator, the family, and the
child, including counseling. (g) Upon completion of the writing of the child abuse protocol, the
protocol committee shall continue in existence and shall meet at
least semiannually for the purpose of evaluating the effectiveness
of the protocol and appropriately modifying and updating same. (h) Each protocol committee shall adopt or amend its written child
abuse protocol no later than July 1, 2001, to specify the
circumstances under which law enforcement officers will and will not
be required to accompany child abuse investigators from the county
department of family and children services when these investigators
investigate reports of child abuse. In determining when law
enforcement officers shall and shall not accompany child abuse
investigators, the protocol committee shall consider the need to
protect the alleged victim and the need to preserve the
confidentiality of the report. Each protocol committee shall
establish joint work efforts between the law enforcement and child
abuse investigative agencies in child abuse investigations. The
adoption or amendment of the protocol shall also describe measures
which can be taken within the county to prevent child abuse and
shall be filed with and furnished to the same entities with or to
which an original protocol is required to be filed or furnished.
The protocol will be further amended to specify procedures to be
adopted by the protocol committee to ensure that written protocol
procedures are followed. (i) The protocol committee shall issue a report no later than the
first day of July in 2001 and no later than the first day of July
each year thereafter. That report shall evaluate the extent to
which child abuse investigations during the 12 months prior to the
report have complied with the child abuse protocols of the protocol
committee, recommend measures to improve compliance, and describe
which measures taken within the county to prevent child abuse have
been successful. The report shall be transmitted to the county
governing authority, the fall term grand jury of the judicial
circuit, the Georgia Child Fatality Review Panel, and the chief
superior court judge.
(j) By July 1, 2001, members of each protocol committee shall
receive appropriate training. As new members are appointed, they
will also receive training within 12 months after their appointment.
The Department of Human Resources shall provide such training. |