3.24 Mandated Reporters

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(3) Intake

Policy Title:

Mandated Reporters

Policy Number:

3.24

Previous Policy Number(s):

N/A

Effective Date:

November 2023

Manual Transmittal:

2023-03

Codes/References

O.C.G.A. §19-7-5 Reporting of Child Abuse
O.C.G.A. §49-5-12 License and Inspection of Child Welfare Agencies; Standards; Penalties
O.C.G.A. § 49-5-41 Persons and Agencies Permitted to Access Records
Title IV-E of the Social Security Act Section 471(a) (9) (A)
Child Abuse Prevention and Treatment Act (CAPTA)
Public Law 114-198 Comprehensive Addiction and Recovery Act of 2016

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Report to the Child Protective Services Intake Communication Center (CICC) immediately, but in no case later than 24 hours of known or suspected instances of child abuse and neglect including reports of physical or mental injury, sexual abuse or exploitation or negligent treatment or maltreatment of children including children receiving aid under Titles IV-B or IV-E, including children in the custody of DFCS.

    This includes physical injury or death, neglect or exploitation, emotional abuse, prenatal abuse, labor trafficking, sexual abuse, sexual exploitation, and an act or failure to act that presents an imminent risk of serious harm to the child’s physical, mental, or emotional health in accordance with Georgia law (see Forms and Tools: Maltreatment Codes for definitions).

  2. Make available training regarding mandated reporters’ legal obligation to report known or suspected child abuse to CICC, including if medical personnel:

    1. Infants born-alive suspected of medical neglect under circumstances that indicate that the child’s health or welfare is threatened; and

    2. Infants born and identified as being affected by substance abuse (legal and illegal) or withdrawal symptoms resulting from prenatal drug exposure or a Fetal Alcohol Spectrum Disorder.

  3. Inform mandated reporters of their obligation to report known or suspected instances of child abuse in accordance with the mandated reporter statue O.C.G.A. §19-7-5.

  4. Inform all mandated reporters during the intake process in accordance with policy 3.1 Intake: Receiving Intake Reports:

    1. Reporters are immune from any civil or criminal liability when a report is made in good faith.

      This includes any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of a report or causing a report to be made, and individuals who otherwise provide information or assistance, including, but not limited to, medical evaluations or consultations, in connection with a report.

    2. Of the ability to request whether the investigation is ongoing or completed, and if completed whether child abuse was confirmed (substantiated) or unconfirmed (unsubstantiated) for the child concerning whom the report was made.

    3. If school personnel, that DFCS shall provide written notification:

      1. Within 24 hours of the receipt of an intake report to the school personnel who made the report to acknowledge receipt of the report; and

      2. Within five calendar days of completing the investigation to the school counselor from the school the child was attending at the time of the reported abuse, advising of the outcome (substantiated or unsubstantiated) of an intake report assigned as an investigation. If a school does not have a school counselor, this disclosure shall be made to the principal.

  5. Provide notification of the receipt of the intake report to the mandated reporter by mail, email, or fax within 24 hours of the receipt of an intake report from a mandated reporter (see policy 3.1 Intake: Receiving Intake Reports).

  6. Provide to the mandated reporter notification of the investigation outcome, upon request, regarding the child concerning whom the report was made and shall disclose only whether the investigation of the reported abuse is ongoing or completed, if completed, was confirmed (substantiated) or unconfirmed (unsubstantiated) (see policy 5.4 Investigations: Notifications in Investigations, policy 6.9 Special Investigations: Notifications in Special Investigations).

Procedures

Mandated Reporter Training

DFCS will make available mandated reporter training to educate mandated reporters on their duties and responsibilities to report suspected child abuse as outlined in O.C.G.A. §19-7-5, Reporting Child Abuse:

  1. Web-based training for all mandated reporters.

  2. Specific training opportunities for medical personnel concerning:

    1. Infants born-alive suspected of medical neglect under circumstances that indicate that the child’s health or welfare is threatened; and

    2. Infants born and identified as being affected by substance abuse (legal and illegal) or withdrawal symptoms resulting from prenatal drug exposure or a Fetal Alcohol Spectrum Disorder.

  3. Mandated reporter training for DFCS staff.

Practice Guidance

Mandated Reporters in Georgia

Mandated reporters, in many instances, have long standing relationships and a unique perspective on the children and family for which they are reporting child abuse. Information based on this perspective is therefore vital to the intake decision-making process. Mandated Reporters per O.C.G.A. §19-7-5 Reporting Child Abuse are:

  1. Physicians licensed to practice medicine, physician assistants, interns, residents

  2. Hospital or medical personnel

  3. Dentists

  4. Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43 of O.C.G.A.

  5. Podiatrists

  6. Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43 of O.C.G.A. or nurse’s aides

  7. Professional counselors, social workers, or marriage and family therapists licensed pursuant to Chapter 10A of Title 43 of O.C.G.A.

  8. School teachers

  9. School administrators

  10. School counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20 of O.C.G.A.

  11. Child welfare agency personnel, as that agency is defined pursuant to O.C.G.A. §49-5-12

  12. Child counseling personnel

  13. Child service organization personnel (defined as persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children.)

  14. Law enforcement personnel

  15. Reproductive healthcare facility or pregnancy resource center personnel and volunteers

  16. Clergy members when information is received outside the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When information about child abuse is received from another source, the clergy member shall comply with reporting requirements, even if the child abuse information receipt occurs in conjunction with the confession of the perpetrator.

Some organizations use designated delegates to make CPS reports. If the organization uses a designated delegate, persons that are employees or volunteers at a hospital, school, social agency, or similar facility shall notify the person in charge of such hospital, school, agency, or facility, or the designated delegate, and the person notified shall make the report. DFCS does not use designated delegates.

Mandated Reporting Outside Professional Duties

The Georgia Supreme Court found in May v. State that the mandated reporter statute only required mandated reporters to report child abuse for children whom they “attend” in direct connection with their duties in the profession, occupation, employment or volunteer work by which the reporter is identified as a mandated reporter.

Requirements of a Mandated Reporter Per O.C.G.A. §19-7-5 Reporting of Child Abuse

Mandated reporters are required to report known or suspected instances of child abuse in the following manner:

  1. Make an oral report by telephone or other oral communication or a written report by electronic submission or fax, immediately, but in no case later than 24 hours from the time there is reasonable cause to believe suspected child abuse has occurred, by telephone to 1-855-GA-CHILD or otherwise and followed by a report in writing, if requested by DFCS.

  2. Ensure that reports contain the names and addresses of the child and the child’s parents or caregivers, if known, the child’s age, the nature and extent of the child’s injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the alleged maltreater.

Mandated Reporter Training

DFCS shall provide Mandated Reporters training related to their obligation to report known or suspected child abuse. Such trainings can be provided in person or available online at the following links:

  1. Mandated Reporter Training

    1. Select Course Menu;

    2. Scroll to Health and Safety Section; and

    3. Select Mandated Reporters: Critical Links in Protecting Children.

  2. Mandated Reporter Training for Medical Professionals

Building Community Partnerships with Mandated Reporters

Mandated reporters within the local community are an important resource and can be a wealth of information for DFCS at any point during the life of a case, from intake through case closure. Increased collaboration with mandated reporters may result in more informed case decisions. Further, building partnerships with mandated reporters provides DFCS the opportunity to educate on their obligation to report suspected child abuse. Law enforcement, school personnel, medical and mental health professionals are some of the mandated reporters who may be involved with the families DFCS serves. They often have built relationships with the children and families, allowing them to provide unique perspectives and insights. It is important for DFCS to nurture and develop relationships with mandated reporters to foster collaborative work, mutual growth, and better outcomes for children and families. Examples of ways DFCS can cultivate this partnership include:

  1. Conducting meet and greets with local law enforcement, including county sheriff’s offices and local police departments, Department of Community Supervision staff or other related partners.

  2. Participating in Back-to-School initiatives with county and city school systems to connect with local DFCS staff, educate on making a CPS referral and explain DFCS responses and track assignments.

Additionally, to better develop an understanding of each mandated reporter’s role and responsibilities regarding child welfare in Georgia, DFCS should be providing training to mandated reporters on a regular basis and participating in other multi-disciplinary activities within the community.

Forms and Tools

Maltreatment Codes