Georgia State Social Service Summary (Revised)

GEORGIA
State Summary of Social Service Laws
As a member, should I call Heritage Defense if a social worker Yes

knocks on my door?
Does Georgia have statutory parental protections? No
Is there a discipline exception to the definition of child abuse? Yes
Am I required to consent to a warrantless search of my home? No
May social workers remove a child absent an emergency or warrant? No
Do parents have the right to know allegations made against them? Yes
Is there a specific statute criminalizing parents’ refusal to cooperate? No
May I challenge the conclusion of an investigation report? Yes
Does Georgia have a child abuser registry? Yes
Is there a process to have records expunged from the registry? Yes
Enforcement Agencies
• The Division of Family and Children Services (a
An enforcement agency is any agency or
division of the Georgia Department of Human
authority authorized by state law to carry
out an investigation of child abuse or Services)
neglect.
• Local law enforcement
Abuse and Neglect

Abuse:
Definitions of abuse and neglect are used
to determine when an act or omission to a
child constitutes unlawful abuse or neglect. • Abuse is defined to occur when physical injury or
death is inflicted upon a child by a parent or caretaker
by non-accidental means. However, physical forms of
discipline may be used as long as there is no physical
injury to the child.
• Abuse also includes the neglect, exploitation, sexual

abuse, or sexual exploitation of a child by a parent or
caretaker.
• 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
GEORGIA STATE SUMMARY – SOCIAL SERVICES LAWS Page | 1 of 8

Information on this page is not a substitute for legal advice.
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All rights reserved.
practitioner thereof shall, for that reason alone, be
considered to be an "abused" child.
Ga. Code Ann. § 49-5-40(a)(3)
Neglect:
• Neglect or exploitation of a child by a parent is

defined to consist of a lack of supervision,
abandonment, or intentional or unintentional disregard
by a parent or caretaker of a child's basic needs, such
as for food, shelter, medical care, or education as
evidenced by repeated incidents or a single incident
that places the child at substantial risk of harm.
Ga. Code Ann. § 49-5-180(5)(B)
Discipline Exception:
• Parents may use physical forms of discipline as

long as there is no physical injury to the child.
Ga. Code Ann. § 49-5-40(a)(3)
Mandatory Reporters
Who Must Report:
A mandatory reporter is any person who is
required by law to report known or
suspected incidents of child abuse or • Physicians licensed to practice medicine, interns, or
neglect. residents;
• Hospital or medical personnel;
• Dentists;
• Licensed psychologists and persons participating in

internships to obtain licensing;
• Podiatrists;
• Registered professional nurses or licensed practical

nurses;
• Professional counselors, social workers, or marriage

and family therapists;
• School teachers;

• School administrators;
• School guidance counselors, visiting teachers, school

social workers, or school psychologists;
• Child welfare agency personnel;
• Child-counseling personnel;
• Child service organization personnel; and
• Law enforcement personnel.
Ga. Code Ann. § 19-7-5(c)(1)
When Must a Report be Made:
• A mandatory reporter who has reasonable cause to

believe that a child has been abused must report or
cause a report to be made.
Ga. Code Ann. § 19-7-5(c)(1)
• Suspected child abuse shall be reported by a

mandatory reporter notwithstanding that the
reasonable cause to believe such abuse has occurred or
is occurring is based in whole or in part upon any
communication to that person which is otherwise
made privileged or confidential by law.
Ga. Code Ann. § 19-7-5(g)
Failure to Make a Mandatory Report:
• Any mandatory reporter who knowingly and willfully

fails to make a required report shall be guilty of a
misdemeanor.
Ga. Code Ann. § 19-7-5(h)
Social Service
Investigations Duty to Investigate:
A social service investigation is an inquiry • The Department of Human Services is authorized and
conducted by a government social worker empowered, to establish, maintain, extend, and
or other enforcement authority to
determine whether allegations or improve, programs that will provide protective
suspicions of abuse or neglect may be services that will investigate complaints of

substantiated. deprivation, abuse, or abandonment of children and
youths by parents, guardians, custodians.
Ga. Code Ann. § 49-5-8(a)(2)(B)
Components of an Investigation Include:

• A review of the report;
• Coordination, as necessary, with law enforcement;
• Face-to-face contact with the child and the child’s
parent;
• A collection of all available evidence;
• Collateral contacts;
• A determination of the degree of protection and safety
of the child;
• A determination of the risk level of the child;
• A criminal background check for anyone who acts as
a caretaker of the child in the home;
• Photographs of any evidence of maltreatment;
• Removing the clothing of children under four years of
age to check for signs of abuse; and
• Observation of the child’s home.
DHR Proc. Man. §§ 2104.1; 2104.10a; 2104.11; 2104.13
Authority Enter the Home:
• All entries into the home are subject to due process

protections.
• Georgia provides no statutory authorization or

requirement for social workers to gain entry into the
home.
Authority to Remove Children from the Home:
• An officer may take a child into protective custody

when there are reasonable grounds to believe that the
child is suffering from illness or injury or is in
immediate danger from his or her surroundings and
that his or her removal is necessary.

when there are reasonable grounds to believe that the
child has run away from his or her parents, guardian,

or other custodian.

when a parent or guardian of a child has contacted a
law enforcement agency and reported that the child is
absent from parental custody without consent and a
child intake facility is available; or when the child has
broken curfew.
Ga.Code Ann. § 15-11-45(a)
Family Protections
Duty of Agency to Disclose Allegations:
Family protections are specific rights and
duties of parents explicitly protected by
federal and state law regarding social • In order for the State of Georgia to be eligible for
service investigations. federal funding for child abuse prevention, social
workers are required to notify the individuals under
investigation of the allegations that have been made
against them. This notification must be provided at the
initial time of contact with the individual.
42 USCS § 5106a(b)(2)(A)(xviii)
Fourth Amendment Protections:
• Police officers, social workers, and other state officers

have no authority to enter a private residence to search
or seize persons or property without the consent of the
resident, exigent circumstances (i.e. emergencies), or a
valid warrant issued upon probable cause.
USCS Const. Amend. 4
Final Disposition
Confirmed:
A final disposition is a categorical ruling
which reflects the findings of a government
social worker at the completion of a social • Allegations of abuse are confirmed when an
service investigation. investigation by an abuse investigator has revealed
that there is equal or greater credible evidence that
child abuse occurred than the credible evidence that
child abuse did not occur.
Ga. Code Ann. § 49-5-180(6)

Unconfirmed:
• Allegations of abuse are unconfirmed when an

investigation by an abuse investigator has revealed
that there is some credible evidence that child abuse
occurred but there is not sufficient credible evidence
to classify that child abuse as confirmed.
Ga. Code Ann. § 49-5-180(10)
Unfounded:
• Allegations of abuse are unfounded when an

investigation by an abuse investigator has determined
that there is no credible evidence that child abuse
occurred.
Ga. Code Ann. § 49-5-180(12)
Challenging the Final Disposition:
• In order to exercise such right to a hearing, the alleged

child abuser must file a written request for a hearing
with the DFACS office that mailed the notice of
classification within ten days after receipt of the
notice. The written request must contain the alleged
child abuser's current residence address and, if the
person has a telephone, a telephone number at which
such person may be notified of the hearing.
Ga. Code Ann. § 49-5-183.1(d)
Central Registry
Records Placed in the Registry:
The Central Registry is a database of
records which contains information
regarding investigations of individuals • The registry includes the name and final disposition of
suspected of child abuse or neglect. the alleged child abuser along with the investigator's
report regarding the individual.
Ga. Code Ann. § 49-5-184(a)
Who May Access the Central Registry:

• A public or private child protective agency of this
state or any other state;

• A court or grand jury;
• A district attorney or assistant district attorney;
• Any adult who makes a report of suspected child
abuse;
• The State Personnel Board;
• A child advocacy center investigating known or
suspected child abuse;
• Police or any other law enforcement agency;
• Any child abuse protocol committee;
• The Governor, Attorney General, Lieutenant
Governor, or Speaker of the House of Representatives;
• Individuals who are engaged in legitimate research;
• A physician who reasonably suspects a child may be
abused;
• A licensed child-placing agency or child-caring
institution;
• A person authorized to place a child in protective
custody;
• An agency or person that has the responsibility to care
for, treat, or supervise the child who is the subject of a
report;
• Members of citizen review panels;
• Guardians ad litem or court appointed special
advocate;
• A public child protective agency or law enforcement
agency of another state;
• A child welfare agency or a school;
• An employee of a school or a child welfare agency
against whom allegations of child abuse have been
made;
• Any person who has an ongoing relationship with the
child named in the record of child abuse, but only if
that person is required to report;
• Any school principal, guidance counselor, social
worker, or psychologist who is counseling a student;

• The Department of Early Care and Learning; or
• Any child-caring agency, child-placing agency, or
identified foster parent with respect to any child who
has been placed in their care or custody.
Ga. Code Ann. § 49-5-41
Expunging Records from the Central Registry:
• All identifying information in the abuse registry of

cases classified as unconfirmed shall be expunged
from the abuse registry within two years after the case
is so classified.
Ga. Code Ann. § 49-5-184(b)
• Any person whose name appears in the abuse registry

who has not had a hearing to determine whether or not
there was sufficient credible evidence of child abuse
by the person or a reasonable basis to justify such
inclusion on the registry is entitled to a hearing for an
administrative determination of whether or not
expungement of such person's name should be
ordered.
• In order to exercise the right to a hearing, the person

must file a written request for a hearing with the
DFACS office of any county in which the
investigation was conducted which resulted in such
person's name being included in the abuse registry.
Ga. Code Ann. §49-5-184(c)


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GEORGIA

State Summary of Social Service Laws

As a member, should I call Heritage Defense if a social worker Yes

Is there a discipline exception to the definition of child abuse? Yes

Am I required to consent to a warrantless search of my home? No

May social workers remove a child absent an emergency or warrant? No

Is there a specific statute criminalizing parents’ refusal to cooperate? No

May I challenge the conclusion of an investigation report? Yes

Does Georgia have a child abuser registry? Yes

Is there a process to have records expunged from the registry? Yes

Abuse and Neglect

• Abuse also includes the neglect, exploitation, sexual

• No child who in good faith is being treated solely by

GEORGIA STATE SUMMARY – SOCIAL SERVICES LAWS Page | 1 of 8

Ga. Code Ann. § 49-5-40(a)(3)

• Neglect or exploitation of a child by a parent is

Ga. Code Ann. § 49-5-180(5)(B)

• Parents may use physical forms of discipline as

Ga. Code Ann. § 49-5-40(a)(3)

• Hospital or medical personnel;

• Licensed psychologists and persons participating in

• Registered professional nurses or licensed practical

• Professional counselors, social workers, or marriage

GEORGIA STATE SUMMARY – SOCIAL SERVICES LAWS Page | 2 of 8

• School guidance counselors, visiting teachers, school

• Child welfare agency personnel;

• Child service organization personnel; and

• Law enforcement personnel.

Ga. Code Ann. § 19-7-5(c)(1)

When Must a Report be Made:

• A mandatory reporter who has reasonable cause to

Ga. Code Ann. § 19-7-5(c)(1)

• Suspected child abuse shall be reported by a

Ga. Code Ann. § 19-7-5(g)

Failure to Make a Mandatory Report:

• Any mandatory reporter who knowingly and willfully

Ga. Code Ann. § 19-7-5(h)

GEORGIA STATE SUMMARY – SOCIAL SERVICES LAWS Page | 3 of 8

Ga. Code Ann. § 49-5-8(a)(2)(B)

Components of an Investigation Include:

Authority Enter the Home:

• All entries into the home are subject to due process

• Georgia provides no statutory authorization or

Authority to Remove Children from the Home:

• An officer may take a child into protective custody

• An officer may take a child into protective custody

GEORGIA STATE SUMMARY – SOCIAL SERVICES LAWS Page | 4 of 8

• An officer may take a child into protective custody

Ga.Code Ann. § 15-11-45(a)

Fourth Amendment Protections:

• Police officers, social workers, and other state officers

USCS Const. Amend. 4

Ga. Code Ann. § 49-5-180(6)

GEORGIA STATE SUMMARY – SOCIAL SERVICES LAWS Page | 5 of 8

• Allegations of abuse are unconfirmed when an

Ga. Code Ann. § 49-5-180(10)

• Allegations of abuse are unfounded when an

Ga. Code Ann. § 49-5-180(12)