GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Lawriter, LLC.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell or license anything that you download, print, or copy from this website.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

If you accept these terms enter the information below and click “I AGREE”.

Subject 290-2-30 RULES AND REGULATIONS GOVERNING THE CHILD PROTECTIVE SERVICES INFORMATION SYSTEM

Rule 290-2-30-.01 Legal Authority

These rules are adopted and published pursuant to Chapter 13 of title 50 of the Official Code of Georgia annotated (O.C.G.A.), the "Georgia Administrative Procedure Act." The legal authority for these rules is O.C.G.A. § 49-5-180 et seq.

Rule 290-2-30-.02 Definitions

(a) "Child Abuse Registry" means the Child Protective Services Information System established by Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, O.C.G.A. § 49-5-180 et seq.
(b) "Department means the Department of Human Services.
(c) "Division" means the Division of Family and Children Services of the Department of Human Services.
(d) "Child Abuse" has the same meaning as set forth in subsection (b) of O.C.G.A. § 19-7-5.
(e) "Alleged child abuser" means an individual named in an investigator's report as having committed a substantiated case of child abuse.
(f) "Substantiated case" means an investigation of a child abuse report by an abuse investigator which has been confirmed based upon a preponderance of the evidence that child abuse has occurred.
(g) "Abuse investigator" means the division, any county department of family and children services, or any designee thereof.
(h) For purposes of Rule 290-2-30-.05, "final disposition of a criminal case" means the dismissal of the criminal charges or entry of judgment and the resolution of any direct appeal thereon.

Rule 290-2-30-.03 Child Abuse Registry and Notice of Substantiated Case

(1) The division shall establish and maintain a central child abuse registry, called the "Child Protective Services Information System" in accordance with Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated. When the division includes a name in the child abuse registry, it shall be accompanied by the classification and type of abuse and a copy of the investigator's report prepared and submitted in accordance with O.G.C.A. § 49-5-18 and this Rule 290-2-30-.03 of the Department of Human Services.
(2) An alleged child abuser's name shall not be included in the child abuse registry until the exhaustion of such alleged child abuser's appellate rights as provided in O.C.G.A § 49-5-183.
(3) An abuse investigator who completes the investigation of a child abuse report made pursuant to O.C.G.A. § 19-7-5 or otherwise determines, on or after January 1, 2020, that it is a substantiated case, if the alleged abuser was at least 18 years of age at the time of the commission of the act, shall notify the division within 30 business days following such determination. The child abuse registry shall contain only the names of alleged child abusers who were at least 18 years of age at the time of commission of the act upon which a substantiated case is based. Such notice may be submitted electronically and shall include the following:
(a) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused;
(b) Name, age, sex, race, social security number and birthdate of the parents, custodian, or caretaker of the child alleged to have been abused, if known;
(c) Name, age, sex, race, social security number, and birthdate of the person who committed the substantiated case;
(d) The date the child abuse occurred;
(e) The date the child abuse was reported; and
(f) A summary of the known details of the child abuse which as a minimum shall contain the classification and type of the abuse.
(4) Upon receipt of an investigator's report of a substantiated case transmitted pursuant to O.C.G.A. § 49-5-182 naming an alleged child abuser, the division shall mail to such alleged child abuser in such report a notice regarding the substantiated case via certified mail, return receipt requested. It shall be a rebuttable presumption that such notice has been received if the return receipt has been received by the division. The notice shall:
(a) State that an abuse investigator has investigated a report of child abuse and has found by a preponderance of the evidence that such alleged child abuser committed an act of child abuse;
(b) State that the name of the such alleged child abuser and a copy of the investigator's report shall be included in the child abuse registry, unless a hearing to dispute the investigator's determination is requested within 30 days of receipt of the notice;
(c) Include:
(i) The name of the alleged child abuser;
(ii) The name of the child alleged to have been abused;
(iii) The date the child abuse occurred;
(iv) The date the child abuse was reported;
(v) A copy of the investigator's report; and
(vi) A summary of the known details of the child abuse which at a minimum shall contain the classification and type of the abuse.
(d) Advise such alleged child abuser of:
(i) The right to request a hearing to dispute the investigator's determination that he or she committed an act of child abuse;
(ii) The procedure and time frame in which to request a hearing of such dispute and the name and address to which the request for a hearing should be delivered via mail or hand delivery;
(iii) The right to be represented by an attorney of his or her choice at the hearing and to present evidence on the issues involved;
(iv) The consequences of being named in the child abuse registry, including the effect on employment opportunity and professional licensure; and
(v) The opportunity to request expungement and the details for the procedure.

Rule 290-2-30-.04 Right to Appeal Prior to Inclusion of Name on Child Abuse Registry

(1) In order to exercise his or her right to a hearing, the alleged child abuser must file a written request for a hearing with the division within thirty days after receipt of such notice. Such written request for a hearing shall be sent via mail or hand delivered to the person and address designated by the division in the notice provided in accordance with O.C.G.A. § 49-5-183 and Rule 290-2-30-.03(4) of the Department of Human Services above.
(a) If the written request for a hearing is mailed, the date of receipt by the division shall be considered the date of the post mark of such written request. If such written request is hand delivered, the date of receipt by the division shall be the actual date of receipt of the request by the division.
(b) If the thirtieth day from the receipt of the notice by the alleged child abuse is a Saturday, Sunday or state holiday when the division is closed for business, the request for a hearing may be mailed or hand delivered to the division on the next business day.
(2) The written request for a hearing shall contain the alleged child abuser's current residence address and, if the person has a telephone number, the telephone number at which such person may be notified of the hearing. It shall be the responsibility of such alleged child abuser requesting such hearing to inform the division and the Office of State Administrative Hearings of any subsequent change in address or telephone number.
(3) After the expiration of the period to request a hearing pursuant to O.C.G.A. Section 49-5-183(b), if the division has not received such a request, it shall include in the child abuse registry the name of the alleged child abuser, the classification and type of the abuse, and a copy of the investigator's report.
(4) If the division receives a timely written request for a hearing, it shall transmit such written request to the Office of State Administrative Hearings and the office of the district attorney for the judicial circuit in which the child abuse was committed within ten days of receipt.
(5) The Office of State Administrative Hearings shall conduct a hearing upon the request of the alleged child abuser in accordance with Administrative Procedure Act, O.C.G.A. Chapter 50-13 and the rules of the Office of State Administrative Hearings, except as otherwise provided by Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated.
(6) The hearing shall be for the purpose of an administrative determination regarding whether, based on a preponderance of the evidence, there was child abuse committed by the alleged child abuser.
(7) O.C.G.A. Section 49-5-41, relating to access to records concerning reports of child abuse, shall be applicable to the administrative hearing.
(8) At the conclusion of the OSAH administrative hearing, upon a finding by the administrative law judge that there is a preponderance of the evidence to conclude that the alleged child abuser committed an act of child abuse, the administrative law judge shall order that such alleged child abuser's name be included in the child abuse registry. If the evidence was insufficient to make such a finding, the administrative law judge shall issue an order to that effect. In accordance with O.C.G.A. § 49-5-183, the decision of the administrative law judge shall be the final administrative decision.
(9) The appeal of the decision of the administrative law judge shall proceed as provided in O.C.G.A. § 49-4-183. The petition for judicial review shall be filed within 30 days after the Office of State Administrative Hearings decision and shall only be filed with and the decision shall only be appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County.
(10) The alleged child abuser and the division shall have the right of judicial review. The division is authorized, in its discretion, to seek judicial review of an adverse decision of the administrative law judge, the superior court or any other appeals court, as provided in O.C.G.A. § 49-5-183.
(11) The filing of a petition for judicial review in the superior court by the alleged child abuser, in accordance with O.C.G.A. § 49-5-183(f), shall stay the listing of the alleged child abuser's name on the child abuse registry.
(12) The appeal of a substantiated case of child abuse and the placement of an alleged child abuser's name on the child abuse registry on or before December 31, 2019 shall be governed by O.G.C.A. § 49-5-183 (2019) and Rules 290-2-30-.03 and 290-2-30-.04 of the Department of Human Services as such Code Section and rules existed on December 31, 2019, except as modified by law. In order to exercise his or her right to a hearing, the alleged child abuser who is placed on the child abuse registry as the result of a case substantiated on or before December 31, 2019 must file a written request for a hearing with the division within ten days after receipt of the of such notice in accordance with O.C.G.A. § 49-5-183(c)(2019) and Rule 290-2-30-.04 as it existed on December 31, 2019.

Rule 290-2-30-.05 Stay of Child Abuse Registry Appeal

(1) The prosecuting attorney with jurisdiction over the criminal prosecution of any child abuse charges may file a motion requesting postponement of the hearing, to be held in accordance with O.C.G.A. § 49-5-183 and (b)(2) and Rule 290-2-30-.04(5), if in such attorney's opinion conducting such hearing will impact the ability to prosecute the criminal case. Such motion shall be filed with the Office of State Administrative Hearings within 20 days after the office of the district attorney receives the written request for a hearing. Upon such motion, the hearing shall be stayed by order of the administrative law judge until final disposition of the criminal prosecution.
(2) Within 30 days of the final disposition of the criminal prosecution, the prosecuting attorney shall notify the Office of State Administrative Hearings, the division, and the alleged child abuser of such disposition. Within 30 days following receipt by the Office of State Administrative Hearings of such notification, the administrative law judge shall conduct a hearing in accordance with this subsection.
(3) When an order staying a hearing is granted, at least once every three years from the date of such order, until final disposition of the criminal prosecution, the prosecuting attorney shall notify the Office of State Administrative Hearings, the division, and the alleged child abuser that there has not been a final disposition of the criminal prosecution. If the Office of State Administrative Hearings does not receive timely notification from the prosecuting attorney, the administrative law judge shall conduct a hearing in accordance with this subsection.

Rule 290-2-30-.06 Expungement of the Name of an Individual Who Committed Substantiated Child Abuse from the Registry

(1) Except as provided in O.C.G.A. § 49-5-184(d), an individual whose name appears in the child abuse registry as having committed a substantiated case shall be entitled to a hearing for an administrative determination of whether or not expungement of such individual's name should be ordered. In order to exercise such right, such individual shall, after three years from the date such individual's name was included in the child abuse registry, file a written request for a hearing with the division.
(2) Upon receipt by the division of a written request for an expungement hearing pursuant to O.C.G.A. Section 49-5-184(a), the division shall transmit such request to the Office of Administrative Hearings within ten days of receipt. The Office of Administrative Hearings shall conduct a hearing in accordance with Chapter 50-13 of the Official Code of Georgia, the Administrative Procedure Act, except as otherwise provided in O.C.G.A. section 49-5-184. A hearing shall be held within 60 days following the receipt of the request by the Office of State Administrative Hearings.
(3) In determining whether to expunge an individual's name from the child abuse registry, the administrative law judge shall consider:
(a) The nature and circumstances of the substantiate child abuse;
(b) The seriousness of the harm caused by the substantiated child abuse;
(c) The criminal history of the individual who requested the hearing;
(d) The risk to the child who was found to have been abused such individual poses;
(e) The risk to the community such individual poses;
(f) The impact on such individual's employment and licensure opportunities due to inclusion of such individual's name in the registry;
(g) Evidence of such individual's completion of training, rehabilitation, or efforts to learn effective strategies to care for children; and
(h) Any other factors deemed by such administrative law judge to be relevant to the determination.
(4) An individual's name shall not be expunged from the child abuse registry:
(a) While such individual is involved in an open dependency case for the act of child abuse for which such individual was included in the child abuse registry;
(b) If such individual was included in the child abuse registry for an act of child abuse that resulted in a child fatality; or
(c) If such individual's parental rights have been terminated either voluntarily or involuntarily as a result of the act of child abuse for which such individual was included in the child abuse registry.
(5) Within five days after the conclusion of the hearing, the administrative law judge shall issue an order regarding whether the name of the individual who requested the hearing should be removed from the registry and transmit such order to the individual and the division. The decision of the administrative law judge shall be the final administrative decision. The alleged child abuser and the division shall have the right to judicial review of such decision in accordance with Chapter 50-13 of the Official Code of Georgia Annotated, the Administrative Procedure Act, except that the petition for review shall be filed within 30 days after such decision and shall be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be the same as those for contested cases pursuant to O.C.G.A. Section 50-13-19. The division is authorized, in its discretion, to seek judicial review of an adverse decision of the OSAH administrative law judge, of the superior court, or any other appeals court.
(6) Upon receipt of an administrative decision ordering that an individual's name be removed from the child abuse registry, the division shall remove such individual's name, the classification and type of abuse and the copy of the investigator's report from the child abuse registry.
(7) If an individual's request for expungement is denied, such individual may submit to the division a subsequent request for hearing, in accordance with O.C.G.A. Section 49-5-184(a)no sooner than three years after such denial.

Rule 290-2-30-.07 Repealed and Reserved

Rule 290-2-30-.08 Access to Information in the Registry

(1) Access to any information in the child abuse registry shall be provided only to persons to whom such access is provided by O.C.G.A. § 49-5-185, as amended.
(2) A person may make a written request to the division to find out whether such person's name is included in the child abuse registry. Upon presentation of a passport, military identification card, driver's license or identification card authorized under O.C.G.A. §§ 40-5-100 through 40-5-104, the Division of Family and Children Services shall disclose to such person whether his or her name is included in the child abuse registry, and, if so, the date upon which his or her name was listed in the registry.
(3) The division shall provide and maintain such statistical analysis of substantiated cases as required in Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia annotated.

Rule 290-2-30-.09 Confidentiality of Information in the Child Abuse Registry

(1) Information in the child abuse registry is confidential and shall not be subject to Article 4 of Chapter 18 of Title 50 of the official Code of Georgia Annotated and access is prohibited except as provided in this rule or by state or federal law. Such information is not a record of child abuse for purposes of Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated. However, information in the child abuse registry applicable to a child, who at the time of his or her death, was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated.
(2) Any person who knowingly provides any information from the child abuse registry to a person not authorized to be provided such information or who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the child abuse registry shall be guilty of a misdemeanor as provided in O.C.G.A. § 49-5-186(c) and (d).

Rule 290-2-30-.10 Child Abuse Registry Governed by Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated

(1) The operation of The Child Abuse Registry shall not conflict with the provisions of Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated.
(2) Should any provision of these Rules conflict with Article 8 of Chapter 5 of the Official Code of Georgia Annotated, as amended, Article 8 of Chapter 5 of the Official Code of Georgia Annotated shall take precedence and shall govern the operation of the Child Abuse Registry.