---
title: HB 1409. Domestic relations; revise mandated reporting of child abuse
collection: bills
id: 2025-2026/hb1409
cite_as: HB 1409, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1409
md_url: https://georgiacommons.org/bills/2025-2026/hb1409.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1409/text
source_url: https://www.legis.ga.gov/legislation/73462
date: 2026-05-12
status: vetoed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1408.md
next: https://georgiacommons.org/bills/2025-2026/hb1410.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 1673
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1409.md?full=1
bill_number: HB 1409
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-12
last_action: Veto V7
sponsors:
- Beth Camp
- Holt Persinger
- Katie Dempsey
- James Hatchett
- Carmen Rice
- Karen Mathiak
- Randy Robertson
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1409/2025
upstream_id: 2121456
summaries_model: claude-sonnet-5
topic_tags:
- child abuse reporting
- mandated reporters
- child welfare policy
- open records
- legislative transparency
---
# HB 1409. Domestic relations; revise mandated reporting of child abuse
## Text
House Bill 1409 (AS PASSED HOUSE AND SENATE)
By: Representatives Camp of the 135th, Persinger of the 119th, Dempsey of the 13th, Hatchett
of the 155th, Rice of the 139th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated,
relating to provisions relative to parent and child relationship generally, so as to revise
mandated reporting of child abuse; to provide for definitions; to provide for reporting
requirements; to provide for the use of a secure web based reporting platform; to provide for
related matters; to provide an effective date; to repeal conflicting laws to amend Title 28 of
the Official Code of Georgia Annotated, relating to the General Assembly, so as to make
portions of certain records of the General Assembly subject to public disclosure; to provide
jurisdiction for enforcement; to provide for attorney’s fees and litigation expenses; to provide
for good faith reliance as defense to action; to provide penalties for violations; to provide
procedure for commencement of prosecution; to provide for application; to provide for
construction;; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to
provisions relative to parent and child relationship generally, is amended by revising Code
Section 19-7-5, relating to reporting of child abuse, when mandated or authorized, content
of report, to whom made, immunity from liability, report based upon privileged
communication, penalty for failure to report, and spiritual treatment for illnesses, as follows:
"19-7-5.
(a) The purpose of this Code section is to provide for the protection of children. It is
intended that mandatory reporting will cause the protective services of the state to be
brought to bear on the situation in an effort to prevent abuses, to protect and enhance the
welfare of children, and to preserve family life wherever possible. This Code section shall
be liberally construed so as to carry out the purposes thereof.
(b) As used in this Code section, the term:
(1) 'Abandonment' means any conduct on the part of a parent, guardian, or legal
custodian showing an intent to forgo parental duties or relinquish parental claims. Intent
to forgo parental duties or relinquish parental claims may be evidenced by:
(A) Failure, for a period of at least six months, to communicate meaningfully with a
child;
(B) Failure, for a period of at least six months, to maintain regular visitation with a
child;
(C) Leaving a child with another person without provision for his or her support for a
period of at least six months;
(D) Failure, for a period of at least six months, to participate in any court ordered plan
or program designed to reunite a child with his or her parent, guardian, or legal
custodian;
(E) Leaving a child without affording means of identifying such child or his or her
parent, guardian, or legal custodian and:
(i) The identity of such child's parent, guardian, or legal custodian cannot be
ascertained despite diligent searching; and
(ii) A parent, guardian, or legal custodian has not come forward to claim such child
within three months following the finding of such child;
(F) Being absent from the home of his or her child for a period of time that creates a
substantial risk of serious harm to a child left in the home;
(G) Failure to respond, for a period of at least six months, to notice of child protective
proceedings; or
(H) Any other conduct indicating an intent to forgo parental duties or relinquish
parental claims.
(2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681.
(3) 'Abused' means subjected to child abuse.
(4) 'Child' means any person under 18 years of age.
(5) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent, guardian, legal
custodian, or other person responsible for the care of such child 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;
(B) Neglect of a child by a parent, guardian, legal custodian, or other person
responsible for the care of such child;
(C) Emotional abuse of a child;
(D) Sexual abuse or sexual exploitation of a child;
(E) Prenatal abuse of a child by a parent;
(F) An act or failure to act that presents an imminent risk of serious harm to the child's
physical, mental, or emotional health; or
(G) Trafficking a child for labor servitude.
(6) 'Child service organization personnel' means 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.
(7) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever
name called, of a bona fide religious organization.
(8) 'Emotional abuse' means acts or omissions by a parent, guardian, legal custodian, or
other person responsible for the care of a child that cause any mental injury to such child's
intellectual or psychological capacity as evidenced by an observable and significant
impairment in such child's ability to function within a child's normal range of
performance and behavior or that create a substantial risk of impairment.
(9) 'Labor servitude' means work or service of economic or financial value which is
performed or provided by another individual and is induced or obtained by coercion or
deception.
(10) 'Legal custodian' means:
(A) A person to whom legal custody of a child has been given by order of a court; or
(B) A public or private agency or other private organization licensed or otherwise
authorized by law to receive and provide care for a child to which legal custody of such
child has been given by order of a court.
(11) 'Neglect' means:
(A) The failure to provide proper parental care or control, subsistence, education as
required by law, or other care or control necessary for a child's physical, mental, or
emotional health or morals;
(B) The failure to provide a child with adequate supervision necessary for such child's
well-being; or
(C) The abandonment of a child by his or her parent, guardian, or legal custodian.
(12) 'Person responsible for the care of a child' means:
(A) An adult member of a child's household;
(B) A person exercising supervision over a child for any part of the 24 hour day; or
(C) Any adult who, based on his or her relationship to the parent, guardian, or legal
custodian or a member of a child's household, has access to such child.
(13) 'Pregnancy resource center' means an organization or facility that:
(A) Provides pregnancy counseling or information as its primary purpose, either for a
fee or as a free service;
(B) Does not provide or refer for abortions;
(C) Does not provide or refer for FDA approved contraceptive drugs or devices; and
(D) Is not licensed or certified by the state or federal government to provide medical
or health care services and is not otherwise bound to follow the federal Health
Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or
federal laws relating to patient confidentiality.
(14) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful
use of any controlled substance, as such term is defined in Code Section 16-13-21, which
results in:
(A) Symptoms of withdrawal in a newborn or the presence of a controlled substance
or a metabolite thereof in a newborn's body, blood, urine, or meconium that is not the
result of medical treatment; or
(B) Medically diagnosed and harmful effects in a newborn's physical appearance or
functioning.
(15) 'Reproductive health care facility' means any office, clinic, or any other physical
location that provides abortions, abortion counseling, abortion referrals, or gynecological
care and services.
(16) 'Secure web based platform' means a type of software that allows for the secure
creation and transmission of reports required by this Code section.
(16)(17) 'School' means any public or private pre-kindergarten, elementary school,
secondary school, technical school, vocational school, college, university, or institution
of postsecondary education.
(17)(18) 'Sexual abuse' means a person's employing, using, persuading, inducing,
enticing, or coercing any minor who is not such person's spouse to engage in any act
which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part
of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any
person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed
or unclothed breasts;
(H) Defecation or urination for the purpose of sexual stimulation;
(I) Penetration of the vagina or rectum by any object except when done as part of a
recognized medical procedure; or
(J) Any act described by subsection (c) of Code Section 16-5-46.
Sexual abuse shall include consensual sex acts when the sex acts are between minors if
any individual is less than 14 years of age; provided, however, that it shall not include
consensual sex acts when the sex acts are between a minor and an adult who is not more
than four years older than the minor. This provision shall not be deemed or construed to
repeal any law concerning the age or capacity to consent.
(18)(19) 'Sexual exploitation' means conduct by any person who allows, permits,
encourages, or requires a child to engage in:
(A) Sexual servitude, as defined in Code Section 16-5-46; or
(B) Sexually explicit conduct for the purpose of producing any visual or print medium
depicting such conduct, as defined in Code Section 16-12-100.
(c)(1) The following persons having reasonable cause to believe that suspected child
abuse has occurred shall report or cause reports of such abuse to be made as provided in
this Code section:
(A) Physicians licensed to practice medicine, physician assistants, interns, or residents;
(B) Hospital or medical personnel;
(C) Dentists;
(D) Licensed psychologists and persons participating in internships to obtain licensing
pursuant to Chapter 39 of Title 43;
(E) Podiatrists;
(F) Registered professional nurses or licensed practical nurses licensed pursuant to
Chapter 26 of Title 43 or nurse's aides;
(G) Professional counselors, social workers, or marriage and family therapists licensed
pursuant to Chapter 10A of Title 43;
(H) School teachers;
(I) School administrators;
(J) School counselors, visiting teachers, school social workers, or school psychologists
certified pursuant to Chapter 2 of Title 20;
(K) Child welfare agency personnel, as such agency is defined in Code
Section 49-5-12;
(L) Child-counseling personnel;
(M) Child service organization personnel;
(N) Law enforcement personnel; or
(O) Firefighters, as defined in Code Section 25-4-2, including career and volunteer
firefighters certified or recognized by the Georgia Firefighter Standards and Training
Council or its successor, who have reasonable cause to believe that suspected child
abuse or neglect has occurred or is occurring while acting in their official capacity;
(P) Animal service workers, including animal control officers as defined in Code
Section 4-11-2, humane society employees, animal cruelty investigators, and animal
shelter personnel whose professional duties may bring them into contact with children
or household conditions indicative of child abuse or neglect; or
(O)(Q) Reproductive health care facility or pregnancy resource center personnel and
volunteers.
(2) If a person is required to report child abuse pursuant to this subsection because such
person attends to a child pursuant to such person's duties as an employee of or volunteer
at a hospital, school, social agency, or similar facility, such person shall notify the person
in charge of such hospital, school, agency, or facility, or the designated delegate thereof,
and the person so notified shall report or cause a report to be made in accordance with
this Code section. An employee or volunteer who makes a report to the person
designated pursuant to this paragraph shall be deemed to have fully complied with this
subsection. Under no circumstances shall any person in charge of such hospital, school,
agency, or facility, or the designated delegate thereof, to whom such notification has been
made exercise any control, restraint, or modification or make any other change to the
information provided by the reporter, although each of the aforementioned persons may
be consulted prior to the making of a report and may provide any additional, relevant, and
necessary information when making the report.
(3) When a person identified in paragraph (1) of this subsection has reasonable cause to
believe that child abuse has occurred involving a person who attends to a child pursuant
to such person's duties as an employee of or volunteer at a hospital, school, social agency,
or similar facility, the person who received such information shall notify the person in
charge of such hospital, school, agency, or facility, or the designated delegate thereof, and
the person so notified shall report or cause a report to be made in accordance with this
Code section. An employee or volunteer who makes a report to the person designated
pursuant to this paragraph shall be deemed to have fully complied with this subsection.
Under no circumstances shall any person in charge of such hospital, school, agency, or
facility, or the designated delegate thereof, to whom such notification has been made
exercise any control, restraint, or modification or make any other change to the
information provided by the reporter, although each of the aforementioned persons may
be consulted prior to the making of a report and may provide any additional, relevant, and
necessary information when making the report.
(d) Any other person, other than one specified in subsection (c) of this Code section, who
has reasonable cause to believe that suspected child abuse has occurred may report or cause
reports to be made as provided in this Code section.
(e)(1) As used in the subsection, the term:
(A) 'Active duty' means full-time duty status.
(B) 'Armed forces of the United States' or 'military' means 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.
(C) 'Family advocacy program' means, for the particular branch, the program
established by the military for the prevention, education, prompt reporting,
investigation, intervention, or treatment of spouse or child abuse.
(D) '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.
(2) With respect to reporting Reports required by subsection (c) of this Code section, an
oral report by telephone or other oral communication or a written report by electronic
submission or facsimile shall:
(A) Shall be made immediately, but in no case later than 24 hours from the time there
is reasonable cause to believe that suspected child abuse has occurred.;
(B) If the report is made by telephone or other oral communication, it shall be made
to the Division of Family and Children Services of the Department of Human Services,
a child welfare agency providing protective services, as designated by the Division of
Family and Children Services of the Department of Human Services or, in the absence
of such agency, to an appropriate police authority, military law enforcement, or district
attorney. All telephonic or other oral reports shall be followed by a later written report
submitted to the Division of Family and Children Services of the Department of Human
Services as specified in subparagraph (C) of this paragraph;
(C) All written reports When a report is being made by electronic submission or
facsimile to the Division of Family and Children Services of the Department of Human
Services, it shall be done shall be made in the manner specified by the division. Oral
reports shall be followed by a later report in writing, if requested, to a child welfare
agency providing protective services, as designated by the Division of Family and
Children Services of the Department of Human Services, or, in the absence of such
agency, to an appropriate police authority or district attorney. this subparagraph as
follows:
(i) The Division of Family and Children Services of the Department of Human
Services shall make its website and a model form for reports available for any person
to complete and securely submit a report to the division;
(ii) The Division of Family and Children Services of the Department of Human
Services shall allow persons specified in subsection (c) of this Code section to submit
reports directly to the division through the division's website or to the division
through a secure web based platform;
(iii) Such report shall be provided to military law enforcement, if applicable., through
a method or methods identified by military law enforcement; and
(iv) If a report of child abuse is made to or received by the child welfare agency or
if the report is independently discovered by the agency, and the agency has reasonable
cause to believe such report is true or the report contains any allegation or evidence
of child abuse, then the agency shall immediately notify the appropriate police
authority or district attorney and notify military law enforcement, if applicable.; and
(D) Reports required by this Code section Such reports shall contain the names and
addresses of the child and the child's parents or caretakers, if known, the child's age, the
nature and extent of the child's injuries, including any evidence of previous injuries,.
The reporting mechanism and model form created by the Division of Family and
Children Services of the Department of Human Services shall also permit the person
completing the report to provide and any other information that the reporting person
believes might be helpful in establishing the cause of the injuries and the identity of the
perpetrator. A secure web based platform may utilize prompts or other methods to
assist the person completing the report to provide information deemed relevant or
important. Photographs of the child's injuries to be used as documentation in support
of allegations by hospital employees or volunteers, physicians, law enforcement
personnel, school officials, or employees or volunteers of legally mandated public or
private child protective agencies may be taken without the permission of the child's
parent or guardian. Such photographs shall be made available as soon as possible to the
chief welfare agency providing protective services, the appropriate police authority, and
military law enforcement.
(3) A report made in accordance with this subsection shall be received by the receiving
agency and thoroughly evaluated to determine child safety and whether an allegation of
child abuse exists. A report will be screened in or screened out based only on the criteria
set forth in law. The Division of Family and Children Services of the Department of
Human Services shall not refuse to receive, log, or process a report submitted via the
division website or a secure web based platform that satisfies subsection (k) of this Code
section. Reports shall thereafter be screened in or screened out based solely on whether
the child maltreatment allegations satisfy the definition of child abuse or neglect criteria
and applicable law and policy without regard to the manner or method of submission.
(3)(4) For each child who is the subject of child abuse allegations, the child welfare
agency as provided for in paragraph (1) of this subsection shall make efforts as soon as
practicable to determine whether a parent or guardian of such child is on active duty in
the armed forces of the United States. If such agency determines that a parent or
guardian of such child is on active duty in the armed forces of the United States, such
agency shall notify the applicable military installation's family advocacy program of the
allegation of child abuse that relates to the parent or guardian of such child.
(5) By January 1, 2027, the department shall review and update the applicable chapters
of its Child Welfare Policy Manual that address and set forth criteria and standards
relevant to the intake, disposition, and investigation of reports of abuse or neglect. Any
revisions to the Child Welfare Policy Manual based on this paragraph shall be consistent
with the provisions of this Code section.
(f) 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 made to a child welfare agency
providing protective services, an appropriate police authority, or military law enforcement
pursuant to this Code section or any other law or participating in any judicial proceeding
or any other proceeding resulting therefrom shall in so doing be immune from any civil or
criminal liability that might otherwise be incurred or imposed, provided that such
participation pursuant to this Code section or any other law is made in good faith. Any
person making a report, whether required by this Code section or not, shall be immune
from liability as provided in this subsection.
(g) Suspected child abuse which is required to be reported by any person pursuant to this
Code section shall be reported notwithstanding that the reasonable cause to believe such
abuse has occurred or is occurring is based in whole or in part upon any communication
to that person which is otherwise made privileged or confidential by law; provided,
however, that a member of the clergy shall not be required to report child abuse reported
solely within the context of confession or other similar communication required to be kept
confidential under church doctrine or practice. When a clergy member receives
information about child abuse from any other source, the clergy member shall comply with
the reporting requirements of this Code section, even though the clergy member may have
also received a report of child abuse from the confession of the perpetrator.
(h) Any person or official required by subsection (c) of this Code section to report a
suspected case of child abuse who knowingly and willfully fails to do so shall be guilty of
a misdemeanor.
(i) A report of child abuse or information relating thereto and contained in such report,
when provided to a law enforcement agency or district attorney pursuant to subsection (e)
of this Code section or pursuant to Code Section 49-5-41, shall not be subject to public
inspection under Article 4 of Chapter 18 of Title 50 even though such report or information
is contained in or part of closed records compiled for law enforcement or prosecution
purposes unless:
(1) There is a criminal or civil court proceeding which has been initiated based in whole
or in part upon the facts regarding abuse which are alleged in the child abuse reports and
the person or entity seeking to inspect such records provides clear and convincing
evidence of such proceeding; or
(2) The superior court in the county in which is located the office of the law enforcement
agency or district attorney which compiled the records containing such reports, after
application for inspection and a hearing on the issue, shall permit inspection of such
records by or release of information from such records to individuals or entities who are
engaged in legitimate research for educational, scientific, or public purposes and who
comply with the provisions of this paragraph. When those records are located in more
than one county, the application may be made to the superior court of any one of such
counties. A copy of any application authorized by this paragraph shall be served on the
office of the law enforcement agency or district attorney which compiled the records
containing such reports. In cases where the location of the records is unknown to the
applicant, the application may be made to the Superior Court of Fulton County. The
superior court to which an application is made shall not grant the application unless:
(A) The application includes a description of the proposed research project, including
a specific statement of the information required, the purpose for which the project
requires that information, and a methodology to assure the information is not arbitrarily
sought;
(B) The applicant carries the burden of showing the legitimacy of the research project;
and
(C) Names and addresses of individuals, other than officials, employees, or agents of
agencies receiving or investigating a report of abuse which is the subject of a report,
shall be deleted from any information released pursuant to this subsection unless the
court determines that having the names and addresses open for review is essential to the
research and the child, through his or her representative, gives permission to release the
information.
(j) The treatment of a child in good faith solely by spiritual means through prayer in
accordance with the tenets and practices of a recognized church or religious denomination
by a duly accredited practitioner thereof shall not in and of itself be considered child abuse.
(k)(1) Agencies that employ mandated reporters may authorize its employees to create
or transmit reports required by this Code section through a secure web based platform
designated by the agency. An agency may only designate one secure web based platform
for its employees to use to create or transmit the reports, and the agency may designate
a secure web based platform if:
(A) The secure web based platform functions in compliance with applicable federal
law; and
(B) The agency is satisfied that the secure web based platform complies with the
Health Insurance Portability and Accountability Act, Federal Bureau of Investigation's
Criminal Justice Information Services Security Policy, or Family Educational Rights
and Privacy Act, as applicable;
(C) The secure web based platform provider demonstrates to the agency that it has
been deemed compliant with the relevant security standard by a federal, state, or local
government agency or by a third party that has been approved by a federal, state, or
local government agency for security and compliance attestation; or
(D) The secure web based platform meets all technical standards and specifications
established by the Georgia Technology Authority.
(2) A reporting agency that utilizes a secure web based platform shall notify the Division
of Family and Children Services of the Department of Human Services not less than ten
days before implementing the secure web based platform. The notice shall identify the
name of the secure web based platform provider and any domain names utilized by the
secure web based platform to submit reports.
(l) Mandatory reporting training shall be required for users of any secure web based
platform used to submit reports under this Code section. Training requirements may be
satisfied by a course provided either by the Division of Family and Children Services of
the Department of Human Services or by an organization with demonstrated subject matter
expertise in mandated reporting, including accredited continuing education providers, law
enforcement training entities, school training entities, or child advocacy organizations. The
Division of Family and Children Services of the Department of Human Services may
publish learning objectives, but shall not require platform specific training, exclusive
delivery methods, or requirements that have the effect of excluding otherwise compliant
platforms.
(m) Nothing in this Code section shall require the department to take an action for which
it has not received notice from an appropriate federal agency that such action would not
comply with federal law."
SECTION 2.
Section 1 shall become effective on July 1, 2027.
SECTION 3.
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is
amended by adding a new Code section to read as follows:
"28-1-18.
(a) If any claim of an unlawful employment practice made against a member of the General
Assembly, including, but not limited to, a claim of sexual harassment, discriminatory
harassment, discrimination, or retaliation, is resolved in whole or in part by a settlement
agreement, a memorandum of agreement or understanding, or other similar document,
however denominated, such agreement shall be subject to public disclosure with the
identity of the claimant and any other party thereto redacted, except for the identity of
the member. This subsection shall be applicable to any claims made on or after January
1, 2019. The provisions of Code Section 28-4-3.1 shall not be construed to prohibit the
disclosure of any such documents.
(b) Any requests for public disclosure of such documents pursuant subsection (a) shall be
made to the Office of the Speaker of the House of Representatives if such request
relates to a member of the House and shall be made to the Office of the Lieutenant
Governor and the Office of the President Pro Tempore if such request relates to a
member of the Senate. All documents responsive to a request shall be produced within
three business days of receipt of a request.
(c) (1) The superior courts of this state shall have jurisdiction in law and in equity to
entertain actions against the Speaker of the House of Representatives for documents
related to members of the House and against the President of the Senate or the President
Pro Tempore of the Senate for documents related to members of the Senate to enforce
compliance with the provisions of subsections (a) and (b) of this Code section. Such
actions may be brought by any person, firm, corporation, or other entity. In addition,
the Attorney General shall have authority to bring such actions in his or her discretion
as may be appropriate to enforce compliance with subsections (a) and (b) of this Code
section and to seek either civil or criminal penalties or both.
(2) In any action brought to enforce the provisions of subsections (a) and (b) of this
Code section in which the court determines that either party acted without substantial
justification either in not complying with subsections (a) and (b) of this Code section
or in instituting the litigation, the court shall, unless it finds that special circumstances
exist, assess in favor of the complaining party reasonable attorney's fees and other
litigation costs reasonably incurred. Whether the position of the complaining party was
substantially justified shall be determined on the basis of the record as a whole which
is made in the proceeding for which fees and other expenses are sought.
(3) Any officer named in paragraph (1) of subsection (c) knowingly and willfully
violating the provisions of subsections (a) and (b) of this Code section by failing or
refusing to provide access to records subject to such subsections, by knowingly and
willingly failing or refusing to provide access to such records within three business
days, or by knowingly and willingly frustrating or attempting to frustrate the access to
records by intentionally making records difficult to obtain shall be guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00
for the first violation. Alternatively, a civil penalty may be imposed by the court in any
civil action brought pursuant to this article against any such officer who negligently
violates the terms of this article in an amount not to exceed $1,000.00 for the first
violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may
be imposed for each additional violation that the violator commits within a 12 month
period from the date the first penalty or fine was imposed. It shall be a defense to any
criminal action under this Code section that an officer has acted in good faith in his or
her actions. In addition, persons, officers, or entities that destroy records for the
purpose of preventing their disclosure under this article may be subject to prosecution
under Code Section 45-11-1.
(4) A prosecution under this subsection may only be commenced by issuance of a
citation in the same manner as an arrest warrant for a peace officer pursuant to Code
Section 17-4-40; such citation shall be personally served upon the accused. The
defendant shall not be arrested prior to the time of trial, except that a defendant who
fails to appear for arraignment or trial may thereafter be arrested pursuant to a bench
warrant and required to post a bond for his or her future appearance.
(d) The General Assembly and its members, officers, staff, committees, commissions, and
offices are not subject to the provisions of Code Sections 50-18-70 through 50-18-78 or
Chapter 14 of Title 50 and nothing in this Code section shall be construed or applied to the
contrary."
(e) This Act shall become effective upon signature of the Governor except as for Section 1.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1409 would rewrite Georgia's child abuse reporting law to add firefighters and animal service workers as mandated reporters and require the state to accept reports through a secure online platform, while separately making certain General Assembly harassment settlement records public. The Governor vetoed the bill.
### Plain-language summary
Georgia law already requires certain professionals, such as doctors, teachers, and law enforcement, to report suspected child abuse. This bill would expand that list of mandated reporters to include firefighters and animal service workers such as animal control officers and humane society employees. It would also require the Division of Family and Children Services (DFCS) to build a website and model form for reports, let agencies use a secure web based reporting platform that meets certain security standards, and require training for anyone using such a platform. DFCS could not refuse to log a report simply because of how it was submitted, and the state would have to update its Child Welfare Policy Manual by January 1, 2027. The child abuse reporting changes would take effect July 1, 2027.
A separate, unrelated section of the bill would require settlement agreements resolving harassment or discrimination claims against members of the General Assembly to be publicly disclosed, with the claimant's identity redacted, for claims made since January 1, 2019, while also confirming the General Assembly is otherwise exempt from Georgia's open records law. That section would take effect as soon as the Governor signed it, but the Governor vetoed the bill.
### What it does
- Adds firefighters and animal service workers (animal control officers, humane society employees, animal cruelty investigators, and animal shelter personnel) to the list of people legally required to report suspected child abuse.
- Requires DFCS to create a website and model reporting form and allow mandated reporters to submit reports directly through the website or through an approved secure web based platform.
- Bars DFCS from refusing to log or process a report just because of how it was submitted, and requires reports to be screened using only the legal definition of abuse or neglect.
- Requires agencies to notify DFCS at least ten days before using a secure web based reporting platform and requires mandatory training for anyone who uses one.
- Directs the Department of Human Services to review and update its Child Welfare Policy Manual by January 1, 2027 to match the new reporting rules.
- Creates a new Georgia law (O.C.G.A. § 28-1-18) requiring settlement agreements over harassment or discrimination claims against General Assembly members to be disclosed publicly, with penalties for officials who withhold them.
### Who it affects
Mandated reporters such as doctors, teachers, counselors, and now firefighters and animal service workers; DFCS and its child welfare staff; military families through the family advocacy notification process; and, under the separate section, members of the General Assembly and anyone who has filed a harassment or discrimination claim against one.
### Why it matters
If enacted, more professionals who interact with children, like firefighters and animal control workers, would be legally obligated to report suspected abuse, and reporters would gain a standardized online way to file reports that DFCS could not turn away. The harassment settlement disclosure rule would make some records about lawmakers' conduct public that are currently confidential.
### Key provisions
- Section 1 rewrites O.C.G.A. § 19-7-5 to add firefighters and animal service workers to the list of mandated child abuse reporters in subsection (c)(1).
- Section 1 requires reports to be made within 24 hours and sets out separate procedures for oral versus written or electronic reports, including new subparagraphs on secure web based platforms.
- New subsection (k) lets agencies designate one secure web based reporting platform if it meets federal security standards such as HIPAA, FBI CJIS policy, or the Georgia Technology Authority's technical standards.
- New subsection (l) requires mandatory reporting training for anyone using a secure web based platform, provided by DFCS or an approved outside organization.
- Paragraph (e)(5) requires DFCS to update its Child Welfare Policy Manual by January 1, 2027, and Section 2 makes the child abuse reporting changes effective July 1, 2027.
- Section 3 adds O.C.G.A. § 28-1-18, requiring public disclosure of harassment or discrimination settlement agreements involving General Assembly members (claimant identity redacted) for claims filed on or after January 1, 2019.
- Section 3 gives superior courts jurisdiction to enforce the disclosure requirement, allows attorney's fees for successful complainants, and sets misdemeanor penalties and fines up to $1,000 (rising to $2,500 for repeat violations within 12 months) for officials who withhold records.
- Section 3 also states the General Assembly and its members, staff, and offices remain exempt from Georgia's general open records law except for the specific disclosure created by this new section.
## Status
- Status: Vetoed (2026-05-12)
- Last action: Veto V7 (2026-05-12)
- Sponsors: Beth Camp, Holt Persinger, Katie Dempsey, James Hatchett, Carmen Rice, Karen Mathiak, Randy Robertson
- Official page: https://www.legis.ga.gov/legislation/73462
> The history, votes, and amendments (1,673 characters) are at https://georgiacommons.org/bills/2025-2026/hb1409.md?full=1