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