This document summarizes Georgia's new Child Abuse Registry system and procedures. It outlines how alleged abusers are now automatically included in the registry if a case is substantiated, and have a right to request a hearing within 10 days. The Office of State Administrative Hearings then holds a hearing within 30 days to determine if the abuse finding is supported. The ALJ's decision can be appealed to Superior Court. It provides details on accessing registry information, timelines for removal of names, and discusses issues like inconsistent definitions of abuse and applicability of res judicata.
1. DIANA RUGH JOHNSON, JD, CWLS
ADOPTION LAW & PRACTICE IN GEORGIA
STATE BAR OF GEORGIA
NOVEMBER 4, 2016
GEORGIA’S NEW
CHILD ABUSE REGISTRY
2. THE OLD CHILD ABUSE REGISTRY
Child Protective Services Information System
(CPSIS)
Classifications:
Unfounded – no credible evidence that the alleged child abuse
occurred
Confirmed – at least equal or greater credible evidence that the
child abuse occurred
Unconfirmed – some credible evidence that the abuse
occurred, but not sufficient evidence to classify as confirmed
3. REMOVAL FROM THE OLD REGISTRY
DFCS notified alleged abuser of report classification
Right to hearing before Administrative Law Judge
ALJ determined whether evidence met required
standard for the classification
Alleged abuser not allowed to compel testimony from
a child under the age of 14
ALJ decision appealable to Superior Court
No appeal allowed from Superior Court’s ruling
4. STATE OF GEORGIA ET AL. V. BART JACKSON
269 Ga. 308 (March 20, 1998)
Bart Jackson received notice he was reported as a
confirmed child abuser
Requested ALJ hearing
Hearing postponed until conclusion of criminal case
re 5 counts of child molestation
Jackson tried and acquitted of all 5 counts
DFCS wanted to keep Jackson on CPSIS as a
confirmed abuser
5. STATE V. JACKSON, CONTINUED
Jackson filed a challenge to the constitutionality of
O.C.G.A. § 49-5-183.1
Jackson argument:
Sixth Amendment right to compel witnesses on his behalf
Sixth Amendment right to confront witnesses against him
State’s argument:
Only reputational harm
No deprivation of liberty
Not entitled to Sixth Amendment protections
Superior Court agreed with Jackson
State appealed
6. STATE V. JACKSON, CONTINUED
GA Supreme Court opinion:
Jackson entitled to due process protections
State infringement on due process must be narrowly tailored
to serve a compelling state interest
State interest = welfare of children
Prohibiting children <14 from being compelled to testify NOT
narrowly tailored to protect that State interest
O.C.G.A. § 49-5-183.1 unconstitutional on its face
No other arguments addressed
O.C.G.A. § 49-5-180 – 187 later repealed
7. NEW CHILD ABUSE REGISTRY
Effective July 1, 2016
Investigator substantiates a case of child abuse or
neglect
≤30 days – notifies DFCS of the determination
Alleged child abuser whose case is substantiated is
automatically entered in CPSIS
DFCS notifies alleged abuser by certified mail
Inclusion on registry
Right to appeal determination
8. TIMELINES
≤10 days - written request for hearing to DFCS
≤10 days - DFCS transmits request to Office of State
Administrative Hearings (OSAH)
≥10 days of hearing - OSAH gives notice of time and
place of hearing by first class mail
≤30 days of receipt of request for hearing – OSAH
holds hearing
Hearing can be postponed by mutual consent, for
good cause shown, or for appointment of counsel (if
alleged abuser <18)
9. OSAH HEARING
Conducted in accordance with Georgia
Administrative Procedure Act
Determination: whether child abuse was committed
by the alleged child abuser to justify the
investigator’s substantiation
Doctrines of res judicata and collateral estoppel
apply
10. ALJ DECISION
Within 5 business days
If there is not a preponderance of evidence that the
alleged abuser committed the act of child abuse
ALJ orders name removed from Child Abuse Registry
ALJ decision = final administrative decision
Georgia Administrative Procedure Act: either party
has right to judicial review
11. JUDICIAL REVIEW OF ALJ DECISION
Petition for review must be filed within 10 days
Petition filed in Superior Court of County where
OSAH hearing was held
If hearing was by telephone, file in Fulton County
Superior Court
Superior Court conducts review
Renders decision within 30 days of filing of petition
12. JUDICIAL REVIEW OF ALJ DECISION
O.C.G.A. § 50-13-19:
No substitute of judgment as to the weight of the evidence
Court may affirm, remand, reverse, or modify decision of agency
Basis for reversal or modification: substantial rights of
appellant prejudiced by
Administrative findings, inferences, conclusions that are…
In violation of constitutional or statutory provisions
In excess of statutory authority of the agency
Made upon unlawful procedure
Affected by other error of law
Clearly erroneous, arbitrary, or capricious
Abuse of discretion or unwarranted exercise of discretion
No statutory restriction on right to appeal Superior
Court’s decision
13. REMOVAL OF NAME FROM REGISTRY
Minors
At age 18
After 1 year if no subsequent substantiated cases
Upon showing of rehabilitation (by preponderance)
Adults
Mistake identity – no credible evidence that individual who
requested hearing is the individual who had a substantiated
case of child abuse
14. ACCESS TO REGISTRY INFORMATION
General public excluded from OSAH child abuse
registry hearings
Files and records relating to hearings confidential
and not subject to public inspection
Misdemeanor to provide information to
unauthorized person
Misdemeanor to obtain/attempt registry information
under false pretense
15. ACCESS TO REGISTRY INFORMATION
Child abuse investigator for purpose of investigating
another case of alleged child abuse
State or other government agencies which license
entities interacting/caring for children
Licensed GA entities that interact/care for children –
for purpose of licensing/employment of a specific
individual
16. ACCESS TO REGISTRY INFORMATION
Licensing entity who must provide written notice to
an applicant/licensed entity re denial/revocation of
license resulting from registry information
Department of Early Care and Learning - to
compare to its individual records checks
CASA – for screening of employees and volunteers
Governor’s office, General Assembly, district
attorneys, and law enforcement – statistical info only
17. ACCESS FOR ADOPTION PURPOSES
No access for licensed child-placing agencies
Is my name on the registry?
O.C.G.A. § 49-5-185(c)
Government-issued picture ID as authorized under O.C.G.A. §
40-5-100 through 104
DFCS shall disclose
Whether individual’s name is included in registry
Date name was added to registry
20. SCREENING REQUEST FORM
CHILD PROTECTIVE SERVICES INFORMATION SYSTEM
(CHILD ABUSE REGISTRY) SCREENING REQUEST INFORMATION
This form is to request a screening to check if an individual is in the Child Protective Services Information System.
REQUESTOR’S ROLE
AGENCY REQUESTING SCREENING INFORMATION
NAME & JOB TITLE TEL # EMAIL ADDRESS
NAME OF AGENCY STREET ADDRESS CITY/STATE/ZIP CODE
SCREENING RESULTS TO BE SENT TO:
NAME TEL # EMAIL ADDRESS
NAME OF AGENCY (If applicable) STREET ADDRESS CITY/STATE/ZIP CODE
INFORMATION ON PERSON TO BE SCREENED (APPLICANT)
NAME/ALIAS (First, Middle, Last) TEL # EMAIL ADDRESS
MAIDEN NAME *If you have been married, you have to provide this
information.
OTHER NAMES USED IN PAST
CURRENT STREET ADDRESS CITY/STATE/ZIP CODE COUNTY
DATE OF BIRTH SSN# (IF KNOWN) SEX
RACE ETHNICITY
SELF-SCREENING VALIDATION (TO BE COMPLETED BY DFCS STAFF MEMBER ONLY)
Please copy and upload Identification, and upload it along with this form.
IN ORDER TO VERIFY THAT YOU ARE THE REQUESTING AGENCY, PLEASE SUBMIT A WRITTEN REQUEST ON
AGENCY LETTERHEAD ALONG WITH THIS FORM TO THE GEORGIA CHILD ABUSE REGISTRY. PLEASE SPECIFY IF
YOU ARE REQUESTING THE INFORMATION FOR THE PURPOSE OF LICENSING, EMPLOYMENT, OR A SPECIFIC
INDIVIDUAL.
SIGNATURE OF REQUESTOR DATE
NAME (First, Middle, Last) JOB TITLE DATE REQUEST WAS RECEIVED DATE REQUEST SUBMITTED
COUNTY VALIDATING IDENTIFICATION PHONE NUMBER E-MAIL ADDRESS ID VALIDATION
Driver’s License
Passport
Military ID
State ID
PLEASE CHECK ONLY ONE:
An individual who wants to check the registry to see whether or not his/her name is listed. (Please provide Driver’s License,
State ID, Passport, or Military ID)
A Georgia CPS investigator who has investigated or is investigating a case of possible child abuse who shall only be provided
information relating to that case for purposes of using that information in such investigation.
A state or government agency of this state or any other states, which license entities that have interactions with children or are
responsible for providing care for children, which shall only be provided information for purposes of licensing or employment of a
specific individual.
Licensed entities in this state, which interact with children or are responsible for providing care for children, which shall only be
provided information for purposes of licensing or employment of a specific individual.
DATE :
22. HISTORICAL INFORMATION MAINTAINED
CPSIS limited to abuse substantiated on or after
July 1, 2016
SHINES - Info on cases occurring before July 1, 2016
O.C.G.A. § 49-5-41 regulates SHINES access
Government entities responsible for protecting children from
abuse/neglect
Court for determination of an issue before it
Grand Jury, district attorney, solicitor general
Any adult who makes report of abuse/neglect pursuant to
O.C.G.A. § 19-7-5 (limited access)
23. PROBLEMS & INCONSISTENCIES
Statutory definitions of abuse/neglect in O.C.G.A. §
19-7-5(b)(4) ≠ with Georgia Maltreatment Codes
Emotional abuse
Family/domestic/intimate partner violence
O.C.G.A. 49-5-183(a)(1) vs. (f)
Automatic inclusion of alleged abuser’s name in child abuse
registry
Filing of petition for review in Superior Court stays listing of
petitioner’s name in child abuse registry
24. PRACTICE POINTERS
Misapplication of collateral estoppel or res judicata
Lack of Juvenile Court finding regarding perpetrator
or the abuse
Review investigator’s coding of alleged abuse
Non-offending parent in sexual/physical abuse case
Abandonment
Cross-examine using Georgia Maltreatment Codes
Rules of evidence
Forensic interview summaries
Medical evaluations
Psychological evaluations
-DFCS notified alleged abuser of outcome of investigation
-Right to hearing before ALJ
-ALJ determined whether the evidence met the confusing standard for classifiction
-Alleged abuser could call witnesses
-Not a child under age 14
-ALJ’s decision could be appealed to Superior Court
-No further appeal allowed
-Bart Jackson accused of child molestation
-Received notice that DFCS classified him as a confirmed child abuser
-Requested ALJ hearing
-Hearing postponed until criminal case finished
-5 counts of child molestation
-Tried & acquitted of all 5 counts
-DFCS wanted to keep Jackson on the registry
-Jackson filed in Superior Court – challenge of constitutionality of 49-5-183.1
-Jackson challenged prohibition against compelling testimony of child witness <14:
-Prohibition violated 6th amendment right to due process
-State:
-Not trying to lock you up
-6th amendment protections don’t apply
-Superior Court agreed with Jackson
-State appealed
-GA Supreme Court agreed with Superior Court
-Jackson entitled to due process protections
-49-5-183.1 unconstitutional on its face
-49-5-180 through 187 later repealed
-New Registry
-Doesn’t prohibit compelling testimony by witnesses under 14
-Violates due process in other ways
-Hopefully will soon be challenged
-Placement on registry based on SUBSTANTIATED case of child abuse/neglect
-Notification = determination letter
-By certified mail
-Inclusion on registry
-Right to appeal determination
-10 days to request hearing
-Request goes to DFCS
-DFCS informs Office of State Administrative Hearings (OSAH)
-OSAH scheduled hearing w/in 30 days
-Give at least 10 days notice
-Hearings can be postponed
-Mutual consent
-Appointment of counsel (for minor)
-Hearing is a real evidentiary hearing
-No hearsay
-Rules of evidence apply
-Evidentiary standard = preponderance of the evidence
-Res judicata & collateral estoppel apply
-Adjudicated in Juvenile Court – tough fight
-Clear and convincing evidence
-Written decision w/in 5 business days
-Evidence fell short = order will say remove from registry
-ALJ decision = final administrative decision
-Either party can request judicial review
-Petition for Judicial Review filed w/in 10 days
-Superior Court of County where hearing took place
-If phone = Fulton County Superior Court
-Superior Court conducts review
-Decision w/in 30 days of filing of petition
-Superior Court can’t reweigh the evidence
-Options: affirm, remand, reverse, or modify
-Basis for reversal or modification – on slide
-Further appeals allowed
-Minors removed at 18
-After 1 year if no more substantiated cases
-Upon showing of rehabilitation
-Adults
-Only for mistaken identity
-Not because you won your Juv Court or Criminal Case
-Hearings and files are confidential
-Unauthorized release, access, or attempted access = misdemeanor
-Mostly for licensing purposes
-Licensing of entities or individuals
-ICPC access is being allowed – although not specifically stated in the statute
-Also Dept of Early Care and Learning
-CASA
-Yearly statistical reports to the Governor’s office, prosecutors, law enforcement
-No access for license child placing agencies
-Prospective adoptive parent whose agency requires verification of a child abuse registry search
-Must make individual request to DFCS to verify name not on registry
-DFCS required to say yes or no
-If yes, date name was added to registry
-Doesn’t say anything about the reason or identity of alleged victim
Paper – procedure still a mystery
Jim took the deep dive and ran down the answer
-Child abuse registry isn’t the only source of information on substantiated cases
-SHINES system still in place
-Still used to check history CPS history for all kinds of reasons
-49-5-180(5) says for registry purposes, “child abuse” has the same meaning as in 19-7-5(b)(4)
-19-7-5-(b)(4) defines child abuse as
-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;
-Neglect or exploitation of a child by a parent or caretaker thereof;
-Sexual abuse of a child
-Sexual exploitation of a child
-DFCS substantiates cases for emotional abuse
-Juvenile Court adjudicates children dependent for emotional abuse
-Emotional abuse is defined in the Juvenile Code
-Can’t put you on the registry because it’s not in 19-7-5-(b)(4)
-Similar problem for subjecting a child to domestic violence where the child isn’t actually physically injured
-That can land your child in foster care
-Won’t land you on the child abuse registry
-Alleged abuser’s name is automatically included on the registry – petition to get name taken off
-But 49-5-183(f) says filing a petition for review in Superior Court STAYS LISTING OF PETITIONER’S NAME ON CHILD ABUSE REGISTRY
-Collateral estoppel/res judicata
-Identity of parties, cause of action,
-Prior adjudication by court of competent jurisdiction
-Full and fair opportunity to litigate the issues in the first action
-If alleged abuser was a non-parent or a putative father
-Not party
-No opportunity to litigate
-Dependency focuses on needs of the child regardless of parental fault
-Child may be found dependent
-Court doesn’t always make a factual finding about who is at fault
-Ex: unexplained injury can = dependency w/no finding of fault
-Review coding of alleged abuse
-Substantiated for abandonment – code requires 6mos
-Coding physical abuse against parent when abuse was inflicted by other parent or non-parent
-Cross-examine using Georgia Maltreatment Codes
-Very detailed descriptions of elements that make up kinds of abuse or neglect
-Investigators don’t always pay attention to those details
-Rules of Evidence
-Investigators testifying re information given to them by another person
-These investigators are used to testifying at Preliminary Protective Hearings (hearsay is allowed)
-Beware of written evaluations and summaries
-Written summaries of forensic interviews
-Medical evaluations
-Psychological evaluations
-ALJs are taking these hearings very seriously
-Details matter
-Rules of evidence matter
-Also witness lists, hearing start times