| 1 | 1 | | 25 LC 48 1462 |
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| 2 | 2 | | House Bill 527 |
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| 3 | 3 | | By: Representatives Tran of the 80 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Holcomb of the 101 |
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| 6 | 6 | | st |
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| 7 | 7 | | , Campbell of the 35 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Carpenter |
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| 10 | 10 | | of the 4 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Roberts of the 52 |
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| 13 | 13 | | nd |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Code Section 19-15-2 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | protocol committee on child abuse, written protocol, training of members, and written sexual2 |
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| 20 | 20 | | abuse and exploitation protocol, so as to provide for the creation and revision of certain child3 |
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| 21 | 21 | | abuse protocol procedures for cases of alleged child abuse; to modify the composition of the4 |
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| 22 | 22 | | committee; to provide for noncompliance and contempt of court; to provide for filing of5 |
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| 23 | 23 | | protocol; to provide for certain protocol provisions; to provide for the adoption of rules and6 |
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| 24 | 24 | | procedures; to provide for reporting requirements; to provide for related matters; to repeal7 |
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| 25 | 25 | | conflicting laws; and for other purposes.8 |
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| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 27 | 27 | | SECTION 1.10 |
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| 28 | 28 | | Code Section 19-15-2 of the Official Code of Georgia Annotated, relating to protocol11 |
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| 29 | 29 | | committee on child abuse, written protocol, training of members, and written sexual abuse12 |
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| 30 | 30 | | and exploitation protocol, is amended as follows:13 |
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| 31 | 31 | | "19-15-2.14 |
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| 32 | 32 | | (a) Except as provided in paragraph (3) of subsection (b) of this Code section, each county |
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| 33 | 33 | | 15 |
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| 34 | 34 | | Each judicial circuit shall be required to establish a protocol for the investigation and16 |
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| 35 | 35 | | H. B. 527 |
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| 36 | 36 | | - 1 - 25 LC 48 1462 |
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| 37 | 37 | | prosecution of alleged cases of child abuse as provided in this Code section. The purpose17 |
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| 38 | 38 | | of the protocol shall be to:18 |
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| 39 | 39 | | (1) Ensure coordination and cooperation among all agencies involved in a child abuse19 |
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| 40 | 40 | | case so as to increase the efficiency of all such agencies handling such cases;20 |
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| 41 | 41 | | (2) Minimize the stress created for the allegedly abused child by the legal and21 |
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| 42 | 42 | | investigatory process; and22 |
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| 43 | 43 | | (3) Ensure that more effective treatment is provided for the perpetrator, the family, and23 |
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| 44 | 44 | | the child, including, but not limited to, counseling.24 |
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| 45 | 45 | | (b)(1) The chief superior court judge of the circuit in which the county is located shall25 |
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| 46 | 46 | | establish a protocol committee as provided provide for the creation of a protocol26 |
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| 47 | 47 | | committee as described in subsection (c) of this Code section and shall appoint an interim27 |
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| 48 | 48 | | chairperson who shall preside over the first meeting, and the chief superior court judge28 |
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| 49 | 49 | | shall appoint persons to fill any vacancies on the protocol committee.29 |
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| 50 | 50 | | (2) After the establishment of a protocol committee, the committee members shall elect30 |
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| 51 | 51 | | a chairperson from the protocol committee's membership. The protocol committee shall31 |
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| 52 | 52 | | be chaired by the chief juvenile court judge of the circuit, or if there is no chief juvenile32 |
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| 53 | 53 | | court judge for the circuit, then by a juvenile court judge presiding in any county within33 |
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| 54 | 54 | | the circuit and chosen by a majority vote of all presiding juvenile court judges within the34 |
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| 55 | 55 | | circuit. The committee shall be charged with developing local protocols protocols for the35 |
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| 56 | 56 | | investigation and prosecution of alleged cases of child abuse.36 |
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| 57 | 57 | | (3) When a judicial circuit is composed of more than one county, the protocol committee37 |
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| 58 | 58 | | shall determine if it shall be established for each county in the judicial circuit or if it will38 |
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| 59 | 59 | | serve all of the counties within the judicial circuit.39 |
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| 60 | 60 | | (c)(1) Each of the following individuals, agencies, and entities shall designate a40 |
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| 61 | 61 | | representative to serve on a protocol committee established pursuant to paragraph (1) of41 |
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| 62 | 62 | | subsection (b) of this Code section:42 |
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| 63 | 63 | | (A) The sheriff;43 |
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| 64 | 64 | | H. B. 527 |
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| 65 | 65 | | - 2 - 25 LC 48 1462 |
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| 66 | 66 | | (B) The county department of family and children services;44 |
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| 67 | 67 | | (C) The district attorney for the judicial circuit;45 |
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| 68 | 68 | | (D) The presiding juvenile court judge;46 |
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| 69 | 69 | | (E) The chief magistrate;47 |
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| 70 | 70 | | (F) The county board of education;48 |
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| 71 | 71 | | (G) The county mental health organization;49 |
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| 72 | 72 | | (H) The chief of police of a county in counties which have a county police department;50 |
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| 73 | 73 | | (I) The chief of police of the largest municipality in the county;51 |
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| 74 | 74 | | (J) The county public health department; and52 |
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| 75 | 75 | | (K) The coroner or county medical examiner.53 |
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| 76 | 76 | | (c)(2) Each of the following individuals, agencies, and entities shall designate a54 |
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| 77 | 77 | | representative to serve on a the protocol committee established pursuant to paragraph (3)55 |
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| 78 | 78 | | of subsection (b) of this Code section:56 |
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| 79 | 79 | | (A)(1) The sheriff of each county in the judicial circuit;57 |
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| 80 | 80 | | (B)(2) The county department of family and children services of each county in the58 |
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| 81 | 81 | | judicial circuit;59 |
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| 82 | 82 | | (C)(3) The district attorney for the judicial circuit;60 |
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| 83 | 83 | | (D)(4) The presiding juvenile court judge of each county in the judicial circuit;61 |
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| 84 | 84 | | (E)(5) The chief magistrate of each county in the judicial circuit;62 |
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| 85 | 85 | | (F)(6) Each board of education in the judicial circuit;63 |
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| 86 | 86 | | (G)(7) The county mental health organization of each county in the judicial circuit;64 |
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| 87 | 87 | | (H)(8) The chief of police of each county in the judicial circuit, if any;65 |
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| 88 | 88 | | (I)(9) The chief of police of the largest municipality in the judicial circuit;66 |
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| 89 | 89 | | (J)(10) The county public health department of each county in the judicial circuit; and67 |
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| 90 | 90 | | (K)(11) The coroner or county medical examiner of each county in the judicial circuit68 |
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| 91 | 91 | | The director of any child advocacy center located in the judicial circuit or who has a69 |
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| 92 | 92 | | written agreement to serve the judicial circuit;70 |
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| 93 | 93 | | H. B. 527 |
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| 94 | 94 | | - 3 - 25 LC 48 1462 |
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| 95 | 95 | | (12) The director of any sexual assault center located in the judicial circuit or who has71 |
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| 96 | 96 | | a written agreement to serve the judicial circuit;72 |
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| 97 | 97 | | (13) If forensic medical examinations are provided outside of any child advocacy center73 |
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| 98 | 98 | | or sexual assault center serving the judicial circuit, the medical examiner providing such74 |
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| 99 | 99 | | forensic medical examinations;75 |
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| 100 | 100 | | (14) A representative of any court appointed special advocate program serving the76 |
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| 101 | 101 | | judicial circuit; and77 |
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| 102 | 102 | | (15) A representative from a local citizen or advocacy group which focuses on child78 |
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| 103 | 103 | | abuse awareness and prevention.79 |
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| 104 | 104 | | (3) A representative of a local child advocacy center shall serve on a protocol committee80 |
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| 105 | 105 | | established under paragraph (1) or (3) of subsection (b) of this Code section if one exists81 |
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| 106 | 106 | | in such location.82 |
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| 107 | 107 | | (4) A representative of a sexual assault center shall serve on a protocol committee83 |
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| 108 | 108 | | established under paragraph (1) or (3) of subsection (b) of this Code section if one exists84 |
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| 109 | 109 | | in such location.85 |
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| 110 | 110 | | (5) In addition to the representatives serving on the protocol committee as provided for86 |
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| 111 | 111 | | in paragraphs (1) through (4) of this subsection, the chief superior court judge shall87 |
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| 112 | 112 | | designate a representative from a local citizen or advocacy group which focuses on child88 |
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| 113 | 113 | | abuse awareness and prevention to serve on such protocol committee.89 |
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| 114 | 114 | | (6) If any designated agency fails to carry out its duties relating to participation on the90 |
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| 115 | 115 | | protocol committee, the chief superior court judge of the circuit may issue an order91 |
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| 116 | 116 | | requiring the participation of such agency. Failure to comply with such order shall be92 |
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| 117 | 117 | | cause for punishment as for contempt of court.93 |
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| 118 | 118 | | (d) Each protocol committee The chairperson shall be responsible for ensuring that written94 |
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| 119 | 119 | | protocol procedures are followed by all agencies. Such person may be independent of95 |
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| 120 | 120 | | agencies listed in paragraph (1) of subsection (c) of this Code section. The protocol96 |
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| 121 | 121 | | committee may appoint such additional members as necessary and proper to accomplish97 |
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| 122 | 122 | | H. B. 527 |
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| 123 | 123 | | - 4 - 25 LC 48 1462 |
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| 124 | 124 | | the purposes of the protocol committee. If any designated agency fails to carry out its98 |
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| 125 | 125 | | duties relating to participation on the protocol committee, the chief superior court judge of99 |
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| 126 | 126 | | the circuit shall issue an order requiring the participation of such agency. Failure to100 |
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| 127 | 127 | | comply with such order shall be cause for punishment as for contempt of court.101 |
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| 128 | 128 | | (e) The protocol committee shall adopt a written protocol which shall be filed with the102 |
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| 129 | 129 | | Division of Family and Children Services of the Department of Human Services and the103 |
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| 130 | 130 | | Office of the Child Advocate for the Protection of Children, a copy of which shall be104 |
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| 131 | 131 | | furnished to each agency in the county handling the cases of abused children. Criminal105 |
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| 132 | 132 | | Justice Coordinating Council using the email address provided by such council, and a copy106 |
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| 133 | 133 | | shall be furnished to each agency in the circuit handling cases of abused children. The107 |
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| 134 | 134 | | Criminal Justice Coordinating Council shall publish an email address for the exclusive108 |
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| 135 | 135 | | purpose of filing all protocols and reports required by this Code section, and shall furnish109 |
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| 136 | 136 | | a copy of each protocol and report received pursuant to this Code section to the Division110 |
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| 137 | 137 | | of Family and Children Services and the Office of the Child Advocate.111 |
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| 138 | 138 | | (1) The protocol shall be a written document outlining in detail the procedures to be used112 |
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| 139 | 139 | | in investigating and prosecuting cases arising from alleged child abuse and the methods113 |
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| 140 | 140 | | to be used in coordinating treatment programs for the perpetrator, the family, and the114 |
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| 141 | 141 | | child. The protocol shall also outline procedures to be used when child abuse occurs in115 |
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| 142 | 142 | | a household where there is violence between past or present spouses, persons who are116 |
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| 143 | 143 | | parents of the same child, parents and children, stepparents and stepchildren, foster117 |
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| 144 | 144 | | parents and foster children, or other persons living or formerly living in the same118 |
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| 145 | 145 | | household. The protocol adopted shall not be inconsistent with the policies and119 |
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| 146 | 146 | | procedures of the Division of Family and Children Services of the Department of Human120 |
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| 147 | 147 | | Services.121 |
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| 148 | 148 | | (2) The protocol shall specify the circumstances under which law enforcement officers122 |
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| 149 | 149 | | shall and shall not be required to accompany investigators from the Department of Family123 |
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| 150 | 150 | | and Children Services when such investigators investigate reports of child abuse. In124 |
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| 151 | 151 | | H. B. 527 |
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| 152 | 152 | | - 5 - 25 LC 48 1462 |
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| 153 | 153 | | determining when law enforcement officers shall and shall not accompany investigators,125 |
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| 154 | 154 | | the protocol committee shall consider the need to protect the alleged victim and the need126 |
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| 155 | 155 | | to preserve the confidentiality of the report. The protocol committee shall establish joint127 |
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| 156 | 156 | | work efforts to be carried out among all law enforcement and investigative agencies in128 |
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| 157 | 157 | | child abuse investigations. The adoption or any amendment of the protocol shall describe129 |
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| 158 | 158 | | measures which can be taken within the circuit, as the case may be, to prevent child abuse130 |
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| 159 | 159 | | and shall be filed with and furnished to the same entities with or to which an original131 |
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| 160 | 160 | | protocol is required to be filed or furnished. The protocol shall be further amended to132 |
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| 161 | 161 | | specify procedures to be adopted by the protocol committee to ensure that written133 |
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| 162 | 162 | | protocol procedures are followed.134 |
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| 163 | 163 | | (3) The protocol shall include a written sexual abuse and sexual exploitation section135 |
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| 164 | 164 | | which shall outline, in detail, the procedures to be used in investigating and prosecuting136 |
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| 165 | 165 | | cases arising from alleged sexual abuse and sexual exploitation, including the procedures137 |
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| 166 | 166 | | to be followed concerning the obtainment of and payment for sexual assault138 |
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| 167 | 167 | | examinations. The sexual abuse and sexual exploitation section of the protocol provided139 |
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| 168 | 168 | | for in this paragraph shall be consistent with the policies and procedures of the Division140 |
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| 169 | 169 | | of Family and Children Services of the Department of Human Services shall not and may141 |
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| 170 | 170 | | not be relied upon to create any rights, substantive or procedural, enforceable at law by142 |
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| 171 | 171 | | any party in any matter civil or criminal. Such section of the protocol shall not limit or143 |
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| 172 | 172 | | otherwise restrict a prosecuting attorney in the exercise of his or her discretion nor restrict144 |
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| 173 | 173 | | the exercise of any otherwise lawful litigative prerogatives.145 |
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| 174 | 174 | | (f) The purpose of the protocol shall be to ensure coordination and cooperation between146 |
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| 175 | 175 | | all agencies involved in a child abuse case so as to increase the efficiency of all agencies147 |
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| 176 | 176 | | handling such cases, to minimize the stress created for the allegedly abused child by the148 |
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| 177 | 177 | | legal and investigatory process, and to ensure that more effective treatment is provided for149 |
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| 178 | 178 | | the perpetrator, the family, and the child, including counseling.150 |
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| 179 | 179 | | H. B. 527 |
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| 180 | 180 | | - 6 - 25 LC 48 1462 |
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| 181 | 181 | | (g)(f) Upon completion of the writing of the protocol, the protocol committee shall151 |
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| 182 | 182 | | continue in existence and shall meet at least semiannually annually for the purpose of152 |
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| 183 | 183 | | evaluating the effectiveness of the protocol and appropriately modifying and updating the153 |
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| 184 | 184 | | same. If the committee amends the protocol, the The protocol committee shall file the154 |
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| 185 | 185 | | updated protocol with the Division of Family and Children Services of the Department of155 |
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| 186 | 186 | | Human Services and the Office of the Child Advocate for the Protection of Children156 |
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| 187 | 187 | | Criminal Justice Coordinating Council not later than the first day of September July each157 |
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| 188 | 188 | | year.158 |
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| 189 | 189 | | (h) Each protocol committee shall adopt or amend its written protocol to specify the159 |
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| 190 | 190 | | circumstances under which law enforcement officers shall and shall not be required to160 |
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| 191 | 191 | | accompany investigators from the county department of family and children services when161 |
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| 192 | 192 | | these investigators investigate reports of child abuse. In determining when law162 |
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| 193 | 193 | | enforcement officers shall and shall not accompany investigators, the protocol committee163 |
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| 194 | 194 | | shall consider the need to protect the alleged victim and the need to preserve the164 |
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| 195 | 195 | | confidentiality of the report. Each protocol committee shall establish joint work efforts165 |
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| 196 | 196 | | between the law enforcement and investigative agencies in child abuse investigations. The166 |
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| 197 | 197 | | adoption or amendment of the protocol shall also describe measures which can be taken167 |
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| 198 | 198 | | within the county or circuit, as the case may be, to prevent child abuse and shall be filed168 |
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| 199 | 199 | | with and furnished to the same entities with or to which an original protocol is required to169 |
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| 200 | 200 | | be filed or furnished. The protocol shall be further amended to specify procedures to be170 |
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| 201 | 201 | | adopted by the protocol committee to ensure that written protocol procedures are followed.171 |
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| 202 | 202 | | (i)(g) The protocol committee shall issue a report no later than the first day of July each172 |
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| 203 | 203 | | year. Such report shall evaluate the extent to which investigations of child abuse during173 |
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| 204 | 204 | | the 12 months prior to the report have complied with the protocols protocol of the protocol174 |
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| 205 | 205 | | committee, recommend measures to improve compliance, and describe which measures175 |
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| 206 | 206 | | taken within the county or circuit, as the case may be, to prevent child abuse have been176 |
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| 207 | 207 | | successful. If no amendments have been made to the protocol since the prior annual report,177 |
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| 208 | 208 | | H. B. 527 |
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| 209 | 209 | | - 7 - 25 LC 48 1462 |
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| 210 | 210 | | the report shall clearly state that no amendments have been made by the committee during178 |
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| 211 | 211 | | such time. The report shall be transmitted to the county governing authority of each county179 |
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| 212 | 212 | | within the circuit, the fall term grand jury of the judicial circuit, the Office of the Child180 |
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| 213 | 213 | | Advocate for the Protection of Children Criminal Justice Coordinating Council, and the181 |
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| 214 | 214 | | chief superior court judge of the circuit.182 |
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| 215 | 215 | | (j) Each member of each protocol committee shall receive appropriate training within 12183 |
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| 216 | 216 | | months after his or her appointment. The Office of the Child Advocate for the Protection184 |
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| 217 | 217 | | of Children shall provide such training.185 |
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| 218 | 218 | | (k) The protocol committee shall include a written sexual abuse and sexual exploitation186 |
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| 219 | 219 | | section within its protocol which shall be filed with the Division of Family and Children187 |
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| 220 | 220 | | Services of the Department of Human Services and the Office of the Child Advocate for188 |
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| 221 | 221 | | the Protection of Children, a copy of which shall be furnished to each agency in the county189 |
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| 222 | 222 | | handling the cases of sexually abused or exploited children. The sexual abuse and sexual190 |
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| 223 | 223 | | exploitation section of the protocol shall outline in detail the procedures to be used in191 |
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| 224 | 224 | | investigating and prosecuting cases arising from alleged sexual abuse and sexual192 |
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| 225 | 225 | | exploitation and the procedures to be followed concerning the obtainment of and payment193 |
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| 226 | 226 | | for sexual assault examinations. The sexual abuse and sexual exploitation section of the194 |
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| 227 | 227 | | protocol shall be consistent with the policies and procedures of the Division of Family and195 |
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| 228 | 228 | | Children Services of the Department of Human Services. The sexual abuse and sexual196 |
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| 229 | 229 | | exploitation section of the protocol is not intended to, does not, and may not be relied upon197 |
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| 230 | 230 | | to create any rights, substantive or procedural, enforceable at law by any party in any198 |
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| 231 | 231 | | matter civil or criminal. Such section of the protocol shall not limit or otherwise restrict199 |
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| 232 | 232 | | a prosecuting attorney in the exercise of his or her discretion nor in the exercise of any200 |
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| 233 | 233 | | otherwise lawful litigative prerogatives.201 |
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| 234 | 234 | | (h) The protocol committee shall submit a certification of annual compliance to the202 |
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| 235 | 235 | | Criminal Justice Coordinating Council by December 31 of each year. The Criminal Justice203 |
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| 236 | 236 | | Coordinating Council shall notify the Governor, Lieutenant Governor, Speaker of the204 |
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| 237 | 237 | | H. B. 527 |
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| 238 | 238 | | - 8 - 25 LC 48 1462 |
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| 239 | 239 | | House of Representatives, and Chief Justice of the Georgia Supreme Court of any205 |
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| 240 | 240 | | noncompliant judicial circuits."206 |
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| 241 | 241 | | SECTION 2.207 |
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| 242 | 242 | | All laws and parts of laws in conflict with this Act are repealed.208 |
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| 243 | 243 | | H. B. 527 |
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| 244 | 244 | | - 9 - |
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