HB527: HB527 Domestic relations; creation and revisions of certain child abuse protocol procedures for cases of alleged child abuse; provide

26 LC 48 1794S The House Committee on Judiciary, Juvenile offers the following substitute to HB 527: A BILL TO BE ENTITLED AN ACT To amend Code Section 19-15-2 of the Official Code of Georgia A nnotated, relating to1 protocol committee on child abuse, written protocol, training of members, and written sexual2 abuse and exploitation protocol, so as to provide for the creation and revision of certain child3 abuse protocol procedures for cases of alleged child abuse; to modify the composition of the4 committee; to provide for noncompliance and contempt of court; to provide for filing of5 protocol; to provide for certain protocol provisions; to provide for the adoption of rules and6 procedures; to provide for reporting requirements; to provide for related matters; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Code Section 19-15-2 of the Official Code of Georgia Annotated, relating to protocol11 committee on child abuse, written protocol, training of members, and written sexual abuse12 and exploitation protocol, is amended as follows:13 "19-15-2.14 (a) Except as provided in paragraph (3) of subsection (b) of this Code section, each county15 Each judicial circuit shall be required to establish a protocol for the investigatio n and16 H. B. 527 (SUB) - 1 - 26 LC 48 1794S prosecution of alleged cases of child abuse as provided in this Code section. The purpose17 of the protocol shall be to:18 (1) Ensure coordination and cooperation among all agencies involved in a child abuse19 case so as to increase the efficiency of all such agencies handling such cases;20 (2) Minimize the stress created for the allegedly abused child by the legal and21 investigatory process; and22 (3) Ensure that more effective treatment is provided for the perpetrator, the family, and23 the child, including, but not limited to, counseling.24 (b)(1) The chief superior court judge of the circuit in which the county is located shall25 establish a protocol committee as provided provide for the creation of a protocol26 committee as described in subsection (c) of this Code section and shall appoint an interim27 chairperson who shall preside over the first meeting, and the chief superior court judge28 shall appoint persons to fill any vacancies on the protocol committee.29 (2) After the establishment of a protocol committee, the committee members shall elect30 a chairperson from the protocol committee's membership. The protocol committee shall31 be chaired by the chief juvenile court judge of the circuit, or if there is no chief juvenile32 court judge for the circuit, then by a juvenile court judge presiding in any county within33 the circuit and chosen by a majority vote of all presiding juvenile court judges within the34 circuit. The committee shall be charged with developing local p r o t o c o l s f o r t h e35 investigation and prosecution of alleged cases of child abuse.36 (3) When a judicial circuit is composed of more than one county, the protocol committee37 shall determine if it shall be established for each county in the judicial circuit or if it will38 serve all of the counties within the judicial circuit.39 (c)(1) Each of the following individuals, agencies, and entiti es shall designate a40 representative to serve on a protocol committee established pursuant to paragraph (1) of41 subsection (b) of this Code section:42 (A) The sheriff;43 H. B. 527 (SUB) - 2 - 26 LC 48 1794S (B) The county department of family and children services;44 (C) The district attorney for the judicial circuit;45 (D) The presiding juvenile court judge;46 (E) The chief magistrate;47 (F) The county board of education;48 (G) The county mental health organization;49 (H) The chief of police of a county in counties which have a county police department;50 (I) The chief of police of the largest municipality in the county;51 (J) The county public health department; and52 (K) The coroner or county medical examiner.53 (c)(2) Each of the following individuals, agencies, and entities sha ll designate a54 representative to serve on a the protocol committee established pursuant to paragraph (3)55 of subsection (b) of this Code section:56 (A)(1) The sheriff of each county in the judicial circuit;57 (B)(2) The county department of family and children services of each county in the58 judicial circuit;59 (C)(3) The district attorney for the judicial circuit;60 (D)(4) The presiding juvenile court judge of each county in the judicial circuit;61 (E)(5) The chief magistrate of each county in the judicial circuit;62 (F)(6) Each board of education in the judicial circuit;63 (G)(7) The county mental health organization of each county in the judicial circuit;64 (H)(8) The chief of police of each county in the judicial circuit, if any;65 (I)(9) The chief of police of the largest municipality in the judicial circuit;66 (J)(10) The county public health department of each county in the judicial circuit; and67 (K)(11) The coroner or county medical examiner of each county in the judicial circuit68 A member of the school police department, if applicable;69 H. B. 527 (SUB) - 3 - 26 LC 48 1794S (12) The director of any sexual assault center located in the judicial circuit or who has70 a written agreement to serve the judicial circuit;71 (13) If forensic medical examinations are provided outside of any child advocacy center72 or sexual assault center serving the judicial circuit, the medical examiner providing such73 forensic medical examinations;74 (14) A representative of any court appointed special advocate program serving the75 judicial circuit; and76 (15) A representative from a local citizen or advocacy group w hich focuses on child77 abuse awareness and prevention.78 (3) A representative of a local child advocacy center shall serve on a protocol committee79 established under paragraph (1) or (3) of subsection (b) of this Code section if one exists80 in such location.81 (4) A representative of a sexual assault center shall serve on a protocol committee82 established under paragraph (1) or (3) of subsection (b) of this Code section if one exists83 in such location.84 (5) In addition to the representatives serving on the protocol committee as provided for85 in paragraphs (1) through (4) of this subsection, the chief sup erior court judge shall86 designate a representative from a local citizen or advocacy group which focuses on child87 abuse awareness and prevention to serve on such protocol committee.88 (6) If any designated agency fails to carry out its duties relating to participation on the89 protocol committee, the chief superior court judge of the circu it may issue an order90 requiring the participation of such agency. Failure to comply with such order shall be91 cause for punishment as for contempt of court.92 (d) Each protocol committee The chairperson shall be responsible for ensuring that written93 protocol procedures are followed by all agencies. Such person may be independent of94 agencies listed in paragraph (1) of subsection (c) of this Code section. T h e p r o t o c o l95 committee may appoint such additional members as necessary and proper to accomplish96 H. B. 527 (SUB) - 4 - 26 LC 48 1794S the purposes of the protocol committee. If any designated agen cy fails to carry out its97 duties relating to participation on the protocol committee, the chief superior court judge of98 the circuit shall issue an order requiring the participation of s u c h a g e n c y . F a i l u r e t o99 comply with such order shall be cause for punishment as for contempt of court.100 (e)(1) The protocol committee shall adopt a written protocol which s hall be filed with101 the Division of Family and Children Services of the Department of Human Services and102 the Office of the Child Advocate for the Protection of Children, a copy of which shall be103 furnished to each agency in the county handling the cases of abused children. Criminal104 Justice Coordinating Council using the email address provided b y such council, and a105 copy shall be furnished to each agency in the circuit handling cases of abused children. 106 The Criminal Justice Coordinating Council shall publish an emai l address for the107 exclusive purpose of filing all protocols and reports required by this Code section, and108 shall furnish a copy of each protocol and report received pursuant to this Code section to109 the Division of Family and Children Services and the Office of the Child Advocate.110 (2) The protocol shall be a written document outlining in detail the procedures to be used111 in investigating and prosecuting cases arising from alleged child abuse and the methods112 to be used in coordinating treatment programs for the perpetrat or, the family, and the113 child. The protocol shall also outline procedures to be used when child abuse occurs in114 a household where there is violence between past or present spo uses, persons who are115 parents of the same child, parents and children, stepparents an d stepchildren, foster116 parents and foster children, or other persons living or formerl y living in the same117 household. The protocol adopted shall not be inconsistent with the policies and118 procedures of the Division of Family and Children Services of the Department of Human119 Services.120 (3) The protocol shall specify the circumstances under which law enforcement officers121 shall and shall not be required to accompany investigators from the Department of Family122 and Children Services when such investigators investigate repor ts of child abuse. In123 H. B. 527 (SUB) - 5 - 26 LC 48 1794S determining when law enforcement officers shall and shall not accompany investigators,124 the protocol committee shall consider the need to protect the alleged victim and the need125 to preserve the confidentiality of the report. The protocol committee shall establish joint126 work efforts to be carried out among all law enforcement and investigative agencies in127 child abuse investigations. The adoption or any amendment of the protocol shall describe128 measures which can be taken within the circuit, as the case may be, to prevent child abuse129 and shall be filed with and furnished to the same entities with or to which an original130 protocol is required to be filed or furnished. The protocol sh all be further amended to131 specify procedures to be adopted by the protocol committee to e nsure that written132 protocol procedures are followed.133 (4) The protocol shall include a written sexual abuse and sexu al exploitation section134 which shall outline, in detail, the procedures to be used in investigating and prosecuting135 cases arising from alleged sexual abuse and sexual exploitation, including the procedures136 to be followed concerning the obtainment of and payment for sex ual assault137 examinations. The sexual abuse and sexual exploitation section of the protocol provided138 for in this paragraph shall be consistent with the policies and procedures of the Division139 of Family and Children Services of the Department of Human Services and shall not and140 may not be relied upon to create any rights, substantive or procedural, enforceable at law141 by any party in any matter civil or criminal. Such section of the protocol shall not limit142 or otherwise restrict a prosecuting attorney in the exercise of his or her discretion nor143 restrict the exercise of any otherwise lawful litigative prerogatives.144 (f) The purpose of the protocol shall be to ensure coordination and cooperation between145 all agencies involved in a child abuse case so as to increase the efficiency of all agencies146 handling such cases, to minimize the stress created for the all egedly abused child by the147 legal and investigatory process, and to ensure that more effective treatment is provided for148 the perpetrator, the family, and the child, including counseling.149 H. B. 527 (SUB) - 6 - 26 LC 48 1794S (g)(f) Upon completion of the writing of the protocol, the protocol committee shall150 continue in existence and shall meet at least semiannually annually for the purpose of151 evaluating the effectiveness of the protocol and appropriately modifying and updating the152 same. If the committee amends the protocol, the The protocol committee shall file the153 updated protocol with the Division of Family and Children Services of the Department of154 Human Services and the Office of the Child Advocate for the Pro tection of Children155 Criminal Justice Coordinating Council not later than the first day of September July each156 year.157 (h) Each protocol committee shall adopt or amend its written p rotocol to specify the158 circumstances under which law enforcement officers shall and sh all not be required to159 accompany investigators from the county department of family and children services when160 these investigators investigate reports of child abuse. In det ermining when law161 enforcement officers shall and shall not accompany investigators, the protocol committee162 shall consider the need to protect the alleged victim and the n eed to preserve the163 confidentiality of the report. Each protocol committee shall e stablish joint work efforts164 between the law enforcement and investigative agencies in child abuse investigations. The165 adoption or amendment of the protocol shall also describe measu res which can be taken166 within the county or circuit, as the case may be, to prevent child abuse and shall be filed167 with and furnished to the same entities with or to which an original protocol is required to168 be filed or furnished. The protocol shall be further amended to specify procedures to be169 adopted by the protocol committee to ensure that written protocol procedures are followed.170 (i)(g) The protocol committee shall issue a report no later than the first day of July each171 year. Such report shall evaluate the extent to which investigations of child abuse during172 the 12 months prior to the report have complied with the protocols protocol of the protocol173 committee, recommend measures to improve compliance, and descri be which measures174 taken within the county or circuit, as the case may be, to prevent child abuse have been175 successful. If no amendments have been made to the protocol since the prior annual report,176 H. B. 527 (SUB) - 7 - 26 LC 48 1794S the report shall clearly state that no amendments have been made by the committee during177 such time. The report shall be transmitted to the county governing authority of each county178 within the circuit, the fall term grand jury of the judicial circuit, the Office of the Child179 Advocate for the Protection of Children Criminal Justice Coordinating Council, and the180 chief superior court judge of the circuit.181 (j) Each member of each protocol committee shall receive appropriate training within 12182 months after his or her appointment. The Office of the Child Advocate for the Protection183 of Children shall provide such training.184 (k) The protocol committee shall include a written sexual abuse and sexual exploitation185 section within its protocol which shall be filed with the Division of Family and Children186 Services of the Department of Human Services and the Office of the Child Advocate for187 the Protection of Children, a copy of which shall be furnished to each agency in the county188 handling the cases of sexually abused or exploited children. The sexual abuse and sexual189 exploitation section of the protocol shall outline in detail th e procedures to be used in190 investigating and prosecuting cases arising from alleged sexual abuse and sexual191 exploitation and the procedures to be followed concerning the obtainment of and payment192 for sexual assault examinations. The sexual abuse and sexual exploitation section of the193 protocol shall be consistent with the policies and procedures of the Division of Family and194 Children Services of the Department of Human Services. The sex ual abuse and sexual195 exploitation section of the protocol is not intended to, does not, and may not be relied upon196 to create any rights, substantive or procedural, enforceable at law by any party in any197 matter civil or criminal. Such section of the protocol shall not limit or otherwise restrict198 a prosecuting attorney in the exercise of his or her discretion nor in the exercise of any199 otherwise lawful litigative prerogatives.200 (h) The protocol committee shall submit a certification of ann ual compliance to the201 Criminal Justice Coordinating Council by December 31 of each year. The Criminal Justice202 Coordinating Council shall notify the Governor, Lieutenant Gove rnor, Speaker of the203 H. B. 527 (SUB) - 8 - 26 LC 48 1794S House of Representatives, and Chief Justice of the Georgia Supr eme Court of any204 noncompliant judicial circuits."205 SECTION 2.206 All laws and parts of laws in conflict with this Act are repealed.207 H. B. 527 (SUB) - 9 -