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 Annotated, relating to
protocol committee on child abuse, written protocol, training of members, and written sexual
abuse and exploitation protocol, so as to provide for the creation and revision of certain child
abuse protocol procedures for cases of alleged child abuse; to modify the composition of the
committee; to provide for noncompliance and contempt of court; to provide for filing of
protocol; to provide for certain protocol provisions; to provide for the adoption of rules and
procedures; to provide for reporting requirements; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-15-2 of the Official Code of Georgia Annotated, relating to protocol
committee on child abuse, written protocol, training of members, and written sexual abuse
and exploitation protocol, is amended as follows:
"19-15-2.
(a) <del>Except as provided in paragraph (3) of subsection (b) of this Code section, each county
</del> <ins>Each judicial circuit</ins> shall be required to establish a protocol for the investigation and
prosecution of alleged cases of child abuse as provided in this Code section. <ins>The purpose
of the protocol shall be to:
(1) Ensure coordination and cooperation among all agencies involved in a child abuse
case so as to increase the efficiency of all such agencies handling such cases;
(2) Minimize the stress created for the allegedly abused child by the legal and
investigatory process; and
(3) Ensure that more effective treatment is provided for the perpetrator, the family, and
the child, including, but not limited to, counseling.
</ins> (b)(1) The chief superior court judge of the circuit <del>in which the county is located</del> shall
<del>establish a protocol committee as provided</del> <ins>provide for the creation of a protocol
committee as described</ins> in subsection (c) of this Code section and shall appoint <del>an interim
chairperson who shall preside over the first meeting, and the chief superior court judge
shall appoint</del> persons to fill any vacancies on the protocol committee.
(2) <del>After the establishment of a protocol committee, the committee members shall elect
a chairperson from the protocol committee's membership.</del> The protocol committee shall
be <ins>chaired by the chief juvenile court judge of the circuit, or if there is no chief juvenile
court judge for the circuit, then by a juvenile court judge presiding in any county within
the circuit and chosen by a majority vote of all presiding juvenile court judges within the
circuit. The committee shall be</ins> charged with developing <del>local</del> protocols for the
investigation and prosecution of alleged cases of child abuse.
<del>(3) When a judicial circuit is composed of more than one county, the protocol committee
shall determine if it shall be established for each county in the judicial circuit or if it will
serve all of the counties within the judicial circuit.
(c)(1) Each of the following individuals, agencies, and entities shall designate a
representative to serve on a protocol committee established pursuant to paragraph (1) of
subsection (b) of this Code section:
(A) The sheriff;
</del>
<del>(B) The county department of family and children services;
(C) The district attorney for the judicial circuit;
(D) The presiding juvenile court judge;
(E) The chief magistrate;
(F) The county board of education;
(G) The county mental health organization;
(H) The chief of police of a county in counties which have a county police department;
(I) The chief of police of the largest municipality in the county;
(J) The county public health department; and
(K) The coroner or county medical examiner.
(c)(2)</del> Each of the following individuals, agencies, and entities shall designate a
representative to serve on <del>a</del> <ins>the</ins> protocol committee established pursuant to <del>paragraph (3)
of subsection (b) of</del> this Code section:
<del>(A)(1)</del> The sheriff of each county in the judicial circuit;
<del>(B)(2)</del> The county department of family and children services of each county in the
judicial circuit;
<del>(C)(3)</del> The district attorney for the judicial circuit;
<del>(D)(4)</del> The presiding juvenile court judge of each county in the judicial circuit;
<del>(E)(5)</del> The chief magistrate of each county in the judicial circuit;
<del>(F)(6)</del> Each board of education in the judicial circuit;
<del>(G)(7)</del> The county mental health organization of each county in the judicial circuit;
<del>(H)(8)</del> The chief of police of each county in the judicial circuit, if any;
<ins>(I)(9)</ins> The chief of police of the largest municipality in the judicial circuit;
<ins>(J)(10)</ins> The county public health department of each county in the judicial circuit; <del>and
</del> <ins>(K)(11)</ins> <del>The coroner or county medical examiner of each county in the judicial circuit
</del> <ins>A member of the school police department, if applicable;
</ins>
<ins>(12) The director of any sexual assault center located in the judicial circuit or who has
a written agreement to serve the judicial circuit;
(13) If forensic medical examinations are provided outside of any child advocacy center
or sexual assault center serving the judicial circuit, the medical examiner providing such
forensic medical examinations;
(14) A representative of any court appointed special advocate program serving the
judicial circuit; and
(15) A representative from a local citizen or advocacy group which focuses on child
abuse awareness and prevention.
</ins> <del>(3) A representative of a local child advocacy center shall serve on a protocol committee
established under paragraph (1) or (3) of subsection (b) of this Code section if one exists
in such location.
(4) A representative of a sexual assault center shall serve on a protocol committee
established under paragraph (1) or (3) of subsection (b) of this Code section if one exists
in such location.
(5) In addition to the representatives serving on the protocol committee as provided for
in paragraphs (1) through (4) of this subsection, the chief superior court judge shall
designate a representative from a local citizen or advocacy group which focuses on child
abuse awareness and prevention to serve on such protocol committee.
(6) If any designated agency fails to carry out its duties relating to participation on the
protocol committee, the chief superior court judge of the circuit may issue an order
requiring the participation of such agency. Failure to comply with such order shall be
cause for punishment as for contempt of court.
</del> (d) <del>Each protocol committee</del> <ins>The</ins> chairperson shall be responsible for ensuring that written
protocol procedures are followed by all agencies. <del>Such person may be independent of
agencies listed in paragraph (1) of subsection (c) of this Code section.</del> The protocol
committee may appoint such additional members as necessary and proper to accomplish
the purposes of the protocol committee. <ins>If any designated agency fails to carry out its
duties relating to participation on the protocol committee, the chief superior court judge of
the circuit shall issue an order requiring the participation of such agency. Failure to
comply with such order shall be cause for punishment as for contempt of court.
(e)(1)</ins> The protocol committee shall adopt a written protocol which shall be filed with
the <del>Division of Family and Children Services of the Department of Human Services and
the Office of the Child Advocate for the Protection of Children, a copy of which shall be
furnished to each agency in the county handling the cases of abused children.</del> <ins>Criminal
Justice Coordinating Council using the email address provided by such council, and a
copy shall be furnished to each agency in the circuit handling cases of abused children.
The Criminal Justice Coordinating Council shall publish an email address for the
exclusive purpose of filing all protocols and reports required by this Code section, and
shall furnish a copy of each protocol and report received pursuant to this Code section to
the Division of Family and Children Services and the Office of the Child Advocate.
(2)</ins> The protocol shall be a written document outlining in detail the procedures to be used
in investigating and prosecuting cases arising from alleged child abuse and the methods
to be used in coordinating treatment programs for the perpetrator, the family, and the
child. The protocol shall also outline procedures to be used when child abuse occurs in
a household where there is violence between past or present spouses, persons who are
parents of the same child, parents and children, stepparents and stepchildren, foster
parents and foster children, or other persons living or formerly living in the same
household. The protocol adopted shall not be inconsistent with the policies and
procedures of the Division of Family and Children Services of the Department of Human
Services.
<ins>(3) The protocol shall specify the circumstances under which law enforcement officers
shall and shall not be required to accompany investigators from the Department of Family
and Children Services when such investigators investigate reports of child abuse. In
</ins>
<ins>determining when law enforcement officers shall and shall not accompany investigators,
the protocol committee shall consider the need to protect the alleged victim and the need
to preserve the confidentiality of the report. The protocol committee shall establish joint
work efforts to be carried out among all law enforcement and investigative agencies in
child abuse investigations. The adoption or any amendment of the protocol shall describe
measures which can be taken within the circuit, as the case may be, to prevent child abuse
and shall be filed with and furnished to the same entities with or to which an original
protocol is required to be filed or furnished. The protocol shall be further amended to
specify procedures to be adopted by the protocol committee to ensure that written
protocol procedures are followed.
(4) The protocol shall include a written sexual abuse and sexual exploitation section
which shall outline, in detail, the procedures to be used in investigating and prosecuting
cases arising from alleged sexual abuse and sexual exploitation, including the procedures
to be followed concerning the obtainment of and payment for sexual assault
examinations. The sexual abuse and sexual exploitation section of the protocol provided
for in this paragraph shall be consistent with the policies and procedures of the Division
of Family and Children Services of the Department of Human Services and shall not and
may not be relied upon to create any rights, substantive or procedural, enforceable at law
by any party in any matter civil or criminal. Such section of the protocol shall not limit
or otherwise restrict a prosecuting attorney in the exercise of his or her discretion nor
restrict the exercise of any otherwise lawful litigative prerogatives.
</ins> <del>(f) The purpose of the protocol shall be to ensure coordination and cooperation between
all agencies involved in a child abuse case so as to increase the efficiency of all agencies
handling such cases, to minimize the stress created for the allegedly abused 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.
</del>
<del>(g)(f)</del> Upon completion of the writing of the protocol, the protocol committee shall
continue in existence and shall meet at least <del>semiannually</del> <ins>annually</ins> for the purpose of
evaluating the effectiveness of the protocol and appropriately modifying and updating the
same. <ins>If the committee amends the protocol, the</ins> <del>The</del> protocol committee shall file the
updated protocol with the <del>Division of Family and Children Services of the Department of
Human Services and the Office of the Child Advocate for the Protection of Children
</del> <ins>Criminal Justice Coordinating Council</ins> not later than the first day of <del>September</del> <ins>July</ins> each
year.
<del>(h) Each protocol committee shall adopt or amend its written protocol to specify the
circumstances under which law enforcement officers shall and shall not be required to
accompany investigators from the county department of family and children services when
these investigators investigate reports of child abuse. In determining when law
enforcement officers shall and shall not accompany investigators, the protocol committee
shall consider the need to protect the alleged victim and the need to preserve the
confidentiality of the report. Each protocol committee shall establish joint work efforts
between the law enforcement and investigative agencies in child abuse investigations. The
adoption or amendment of the protocol shall also describe measures which can be taken
within the county or circuit, as the case may be, to prevent child abuse and shall be filed
with and furnished to the same entities with or to which an original protocol is required to
be filed or furnished. The protocol shall be further amended to specify procedures to be
adopted by the protocol committee to ensure that written protocol procedures are followed.
</del> <ins>(i)(g)</ins> The protocol committee shall issue a report no later than the first day of July each
year. Such report shall evaluate the extent to which investigations of child abuse during
the 12 months prior to the report have complied with the <del>protocols</del> <ins>protocol</ins> of the protocol
committee, recommend measures to improve compliance, and describe which measures
taken within the <del>county or</del> circuit, as the case may be, to prevent child abuse have been
successful. <ins>If no amendments have been made to the protocol since the prior annual report,
</ins>
<ins>the report shall clearly state that no amendments have been made by the committee during
such time.</ins> The report shall be transmitted to the county governing authority <ins>of each county
within the circuit,</ins> the fall term grand jury of the judicial circuit, the <del>Office of the Child
Advocate for the Protection of Children</del> <ins>Criminal Justice Coordinating Council,</ins> and the
chief superior court judge of the circuit.
<del>(j) Each member of each protocol committee shall receive appropriate training within 12
months after his or her appointment. The Office of the Child Advocate for the Protection
of Children shall provide such training.
(k) The protocol committee shall include a written sexual abuse and sexual exploitation
section within its protocol which shall be filed with the Division of Family and Children
Services of the Department of Human Services and the Office of the Child Advocate for
the Protection of Children, a copy of which shall be furnished to each agency in the county
handling the cases of sexually abused or exploited children. The sexual abuse and sexual
exploitation section of the protocol shall outline in detail the procedures to be used in
investigating and prosecuting cases arising from alleged sexual abuse and sexual
exploitation and the procedures to be followed concerning the obtainment of and payment
for sexual assault examinations. The sexual abuse and sexual exploitation section of the
protocol shall be consistent with the policies and procedures of the Division of Family and
Children Services of the Department of Human Services. The sexual abuse and sexual
exploitation section of the protocol is not intended to, does not, and may not be relied upon
to create any rights, substantive or procedural, enforceable at law by any party in any
matter civil or criminal. Such section of the protocol shall not limit or otherwise restrict
a prosecuting attorney in the exercise of his or her discretion nor in the exercise of any
otherwise lawful litigative prerogatives.
</del> <ins>(h) The protocol committee shall submit a certification of annual compliance to the
Criminal Justice Coordinating Council by December 31 of each year. The Criminal Justice
Coordinating Council shall notify the Governor, Lieutenant Governor, Speaker of the
</ins>
<ins>House of Representatives, and Chief Justice of the Georgia Supreme Court of any
noncompliant judicial circuits."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.