3.25 Sharing Intake Reports with Law Enforcement, District Attorney or Military | CWS
|
Georgia Division of Family and Children Services |
|||
Chapter: |
(3) Intake |
|||
Policy Title: |
Sharing Intake Reports with Law Enforcement, District Attorney or Military |
|||
Policy Number: |
3.25 |
Previous Policy Number(s): |
N/A |
|
Effective Date: |
July 2024 |
Manual Transmittal: |
||
Codes/References
O.C.G.A. § 19-7-5 Reporting of Child Abuse (e)(f)
O.C.G.A. § 49-5-41 Persons and Agencies Permitted to Access Records
Child Abuse and Prevention Treatment Act (CAPTA)
Requirements
The Division of Family and Children Services (DFCS) will:
-
Notify law enforcement or the district attorney immediately of intake assessments that contain an allegation of abuse or neglect, regardless of the intake disposition.
-
Notify military law enforcement and family advocacy programs immediately of intake assessments that contain an allegation of abuse or neglect, regardless of the intake disposition when the parent/guardian of the alleged victim child is on active duty in the armed forces of the United States. Include any pictures accompanying the report in the notification.
'Active duty' means full-time duty status in the Armed forces of the United States’ or 'military' including the: United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States Space Force, United States National Guard, Georgia Army National Guard, or Georgia Air National Guard, or a reserve component thereof.
Procedures
The CPS Intake Communications Center (CICC) will:
-
Launch the Notification to Law Enforcement Agency Abuse/Neglect Report from Georgia SHINES Intake Action page.
-
Submit the Notification to Law Enforcement Agency Abuse/Neglect Report to local law enforcement, and military (law enforcement and family advocacy program) as applicable via mail, secure email or fax (see Practice Guidance: Secure Email). Include any pictures that accompanied the intake report with the notification.
-
Document on the Georgia SHINES Intake Action page that law enforcement and the military (as applicable) were notified of the intake report.
Practice Guidance
Secure Email
State law allows DFCS to share information with the approved authorities via electronic methods. Federal law, Health Information Protection and Portability Act (HIPAA (Public Law 104-191) also allows electronic sharing but it must adhere to their Standards for Information Transactions and Data Elements, which requires that information is shared using a secured method. Standard email is not secure as it can be easily intercepted.
Military Law Enforcement
Military law enforcement means, for the particular branch, the police corps, division, branch, agency, or authority of the military responsible for law enforcement or force protection. To locate the military law enforcement at a particular military installation:
-
Go to the Military OneSource website at installations.militaryonesource.mil/, scroll down to the Installation Program Directory, select Family Advocacy Program from the drop down list, then enter the name of the installation.
-
Contact the Family Advocacy Program and request information for the military installation’s law enforcement appropriate contact to send the information.
Family Advocacy Programs
Family Advocacy Programs were established by the military for the particular branch of service for the prevention, education, prompt reporting, investigation, intervention, or treatment of spouse or child abuse.
To locate the military family advocacy programs at a particular military installation go to the Military OneSource website at installations.militaryonesource.mil/, scroll down to the Installation Program Directory, select Family Advocacy Program from the drop down list, then enter the name of the installation.