1.15 Child Abuse Protocol

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

Administration

Policy Title:

Child Abuse Protocol

Policy Number:

1.15

Previous Policy Number(s):

N/A

Effective Date:

March 2022

Manual Transmittal:

2022-02

Codes/References

O.C.G.A. § 19-15-2 Protocol Committee on Child Abuse
Child Abuse Prevention and Treatment Act (CAPTA)

Requirements

The Division of Family and Children Services (DFCS) in accordance with state and federal law will:

  1. Participate in the Child Abuse Protocol Committee (CAPC), work collaboratively with local agencies, and share data to evaluate the effectiveness of the child abuse protocol (CAP).

  2. Ensure each county office designates a representative to serve on the local CAPC.

    1. When the CAPC is established for the county, the county DFCS office shall be represented.

    2. When the CAPC is established for the circuit, each county DFCS office within the circuit shall be represented.

  3. Ensure County Directors/Designees actively engage committee members, participate in meetings of the local CAPC, and communicate:

    1. Current DFCS policies and procedures to ensure that the adopted CAP shall not be inconsistent with the policies and procedures of DFCS.

    2. Specific circumstances under which law enforcement officers shall and shall not be required to accompany DFCS staff when investigating reports of abuse.

    3. Procedures used by DFCS to investigate cases of sexual abuse and exploitation, and to obtain sexual assault examinations.

    4. Data that evaluate the extent to which investigations of child abuse complied with the CAP.

    5. Measures recommended to improve compliance.

    6. Any measures that were taken within the county to prevent child abuse that has been successful.

  4. Ensure each County submits to the State Office designee:

    1. A copy of their CAP by September 1st of each year.

    2. A copy of their CAP Annual Report by July 1st of each year.

Procedures

County Director

  1. Appoint a representative to serve on the CAPC.

    A CAPC representing a judicial circuit with more than one county will have more than one DFCS representative serving on the committee.
  2. Ensure that the county DFCS representative:

    1. Attends each of the CAPC meetings (which will occur at least semi-annually).

    2. Communicates the current DFCS policies and procedures to the committee.

    3. Communicates the specific circumstances under which law enforcement officers shall and shall not be required to accompany DFCS staff when investigating reports of abuse and consider the need to protect the alleged victim and the need to preserve the confidentiality of the report.

    4. Communicates the procedures used by DFCS to investigate cases of sexual abuse and exploitation, and to obtain sexual assault examination.

    5. Receives appropriate training within 12 months following their appointment to the committee.

      The Office of the Child Advocate shall provide such training.
  3. Review and retain a copy of the county (or judicial circuit) CAP within the county office.

  4. Forward a copy of the CAP and the annual report to the Regional Director.

  5. Ensure county staff review and comply with the protocol.

  6. Ensure each County submits a copy of their CAP and CAP Annual Report to the State Office each year.

Regional Director or Designee

  1. Review the county (or judicial circuit) CAP and CAP Annual Report from each County Director annually.

  2. Ensure the CAP and CAP Annual Report are submitted to the State Office designee annually by the respective due dates.

Practice Guidance

The purpose of the child abuse protocol is to ensure coordination and cooperation between all agencies involved in a child abuse case to increase the efficiency of all agencies handling such cases, to minimize the stress created for the 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.

The County Director/Designee will participate in meetings of the Child Abuse Protocol Committee. If the committee is established for the judicial circuit, each county within that circuit must provide a DFCS representative to participate. Other agencies that will have representation on the committee are the sheriff’s office, district attorney for the circuit, juvenile court judge, chief magistrate, county board of education, county mental health organization, chief of police, county public health department, and county coroner or medical examiner. Each agency will share the current policies and procedures used to respond to cases of child abuse.

The contents of the child abuse protocol shall not be inconsistent with the policies and procedures of DFCS, and shall include:

  1. Procedures to be used in investigating and prosecuting cases arising from alleged child abuse.

  2. Methods used in coordinating treatment programs for the child, the family, and the perpetrator.

  3. Procedures to be used when child abuse occurs in a household where there is family violence (e.g., between past or present spouses, persons who are parents of the same child, parents, and children, or other persons living or formerly living in the same household).

  4. Circumstances under which law enforcement officers shall and shall not be required to accompany county DFCS investigators when investigating reports of abuse.

    In making this determination, the committee shall consider the need to protect the alleged victim and to preserve the confidentiality of the report.
  5. Procedures to be used in investigating and prosecuting cases arising from sexual abuse and exploitation.

  6. Procedures to be followed concerning the obtainment and payment for sexual assault examinations.

  7. Procedures to ensure that the protocols are followed by each agency in the county that handles child abuse cases.

Child Abuse Protocol Committees

In accordance with O.C.G.A. § 19-15-2, the Child Abuse Protocol Committee shall:

  1. Adopt a written protocol which shall be provided to each agency in the county handling the cases of abused children.

  2. Meet at least semi-annually to evaluate the effectiveness of the child abuse protocol and modify it if necessary.

  3. Submit the updated protocol to DFCS and the Office of the Child Advocate (OCA), due September 1st of each year.

  4. Prepare an annual report and submit it to OCA by July 1st of each year. The annual report shall:

    1. Evaluate the extent to which investigations of child abuse during the previous 12 months have complied with the child abuse protocol.

    2. Recommend measures to improve compliance.

    3. Describe any actions taken within the county (or circuit) to prevent child abuse that were successful.