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03 HB 479/AP
House Bill 479 (AS PASSED HOUSE
AND SENATE)
By: Representatives Fleming of the 79th, Oliver of the 56th, Post 2, and Sinkfield of the 50th
By: Representatives Fleming of the 79th, Oliver of the 56th, Post 2, and Sinkfield of the 50th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 15 of Title 19 of the Official Code of
Georgia Annotated, relating to child abuse, so as to provide for the adoption of
a child abuse protocol that is not inconsistent with the policies and procedures
of the Division of Family and Children Services of the Department of Human
Resources; to change provisions relating to the county multiagency child
fatality review committee and chairperson thereof; to change provisions relating
to the membership and powers of the Georgia Child Fatality Panel; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION .5.
Chapter 15 of Title 19 of the Official Code of Georgia
Annotated, relating to child abuse, is amended by striking subsection (e) of
Code Section 19-15-2, relating to child abuse protocol committee, written child
abuse protocols, and training of members, and inserting in its place the
following:
"(e) The protocol committee shall, by July 1, 2001, adopt a written
child abuse protocol which shall be filed with the Division of Family and
Children Services of the Department of Human Resources and the Georgia Child
Fatality Review Panel, a copy of which shall be furnished to each agency in the
county handling the cases of abused children. 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
Resources."
"(e) The protocol committee shall
SECTION 1.
Said chapter is further amended by striking subsections (a),
(c), and (d) of Code Section 19-15-3, relating to the county multiagency child
fatality review committee, and inserting in their respective places the
following:
"(a)(1) Each county shall establish a local multidisciplinary, multiagency child fatality review committee as provided in this Code section. The chief superior court judge of the circuit in which the county is located shall establish a child fatality review committee composed of, but not limited to, the following members:
(A) The county medical examiner or coroner;
(B) The district attorney or his or her designee;
(C) A county department of family and children services representative;
(D) A local law enforcement representative;
(E) The sheriff or county police chief or his or her designee;
(F) A juvenile court representative;
(G) A county board of health representative; and
(H) A county mental health representative;.
(2) Thechief superior court judge shall appoint an interim district
attorney or his or her designee shall serve as the chairperson to preside
over the first meeting all
meetings."
"(c)After the local review committee is established, it shall elect a
chairperson from its membership. The chief superior court judge shall
appoint persons to fill any vacancies on the review committee should the
membership fail to do so.
(d) If any designated agency fails to carry out its duties relating to participation on the local review committee, the chief superior court judge of the circuit or any superior court judge who is a member of the Georgia Child Fatality Review Panel 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."
"(a)(1) Each county shall establish a local multidisciplinary, multiagency child fatality review committee as provided in this Code section. The chief superior court judge of the circuit in which the county is located shall establish a child fatality review committee composed of, but not limited to, the following members:
(A) The county medical examiner or coroner;
(B) The district attorney or his or her designee;
(C) A county department of family and children services representative;
(D) A local law enforcement representative;
(E) The sheriff or county police chief or his or her designee;
(F) A juvenile court representative;
(G) A county board of health representative; and
(H) A county mental health representative
(2) The
"(c)
(d) If any designated agency fails to carry out its duties relating to participation on the local review committee, the chief superior court judge of the circuit or any superior court judge who is a member of the Georgia Child Fatality Review Panel 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."
SECTION 2.
Said chapter is further amended by striking subsections (c)
and (i) and inserting new subsections (c) and (i) and a new subsection at the
end of Code Section 19-15-4, relating to the Georgia Child Fatality Review
Panel, to read as
follows:
"(c) The panel shall be composed as follows:
(1) One district attorney appointed by the Governor;
(2) One juvenile court judge appointed by the Governor;
(3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization;
(4) One forensic pathologist appointed by the Governor;
(5) The chairperson of the Board of Human Resources;
(6) The director of the Division of Family and Children Services of the Department of Human Resources;
(7) The director of the Georgia Bureau of Investigation;
(8) The chairperson of the Criminal Justice Coordinating Council;
(9) A member of the Georgia Senate appointed by the Lieutenant Governor;
(10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives;
(11) A local law enforcement official appointed by the Governor;
(12) A superior court judge appointed by the Governor;
(13) A coroner appointed by the Governor;
(14) Thedirector of the Office
of the Child Advocate for the Protection of Children;
and
(15) The director of the Division of Public Health of the Department of Human Resources; and
(16) The director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources."
"(i) ByDecember January 1 of each calendar year, the panel
shall submit a report to the Governor, the Lieutenant Governor, and the Speaker
of the House of Representatives regarding the prevalence and circumstances of
child fatalities in the state; recommend measures to reduce such fatalities
caused by other than natural causes; and address in the report the following
issues:
(1) Whether the deaths could have been prevented;
(2) Whether the children were known to any state or local agency;
(3) The actions, if any, taken by any state or local agency or court;
(4) Whether agency or court intervention could have prevented their deaths;
(5) Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings; and
(6) Whether any referral should have been made to a law enforcement agency which was not made."
"(k) The panel shall have the authority to obtain from any superior court judge of the county or circuit for which the matter is pending a subpoena to compel the production of documents or attendance of witnesses if the county multiagency child fatality review committee has not exercised its authority to subpoena the documents or witnesses as provided in paragraph (3) of subsection (k) of Code Section 19-15-3; provided, however, if a superior court judge has previously ruled that the records or witnesses are not necessary to the fatality review at issue, such finding shall be conclusive on the issuance of the subpoena."
"(c) The panel shall be composed as follows:
(1) One district attorney appointed by the Governor;
(2) One juvenile court judge appointed by the Governor;
(3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization;
(4) One forensic pathologist appointed by the Governor;
(5) The chairperson of the Board of Human Resources;
(6) The director of the Division of Family and Children Services of the Department of Human Resources;
(7) The director of the Georgia Bureau of Investigation;
(8) The chairperson of the Criminal Justice Coordinating Council;
(9) A member of the Georgia Senate appointed by the Lieutenant Governor;
(10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives;
(11) A local law enforcement official appointed by the Governor;
(12) A superior court judge appointed by the Governor;
(13) A coroner appointed by the Governor;
(14) The
(15) The director of the Division of Public Health of the Department of Human Resources; and
(16) The director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources."
"(i) By
(1) Whether the deaths could have been prevented;
(2) Whether the children were known to any state or local agency;
(3) The actions, if any, taken by any state or local agency or court;
(4) Whether agency or court intervention could have prevented their deaths;
(5) Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings; and
(6) Whether any referral should have been made to a law enforcement agency which was not made."
"(k) The panel shall have the authority to obtain from any superior court judge of the county or circuit for which the matter is pending a subpoena to compel the production of documents or attendance of witnesses if the county multiagency child fatality review committee has not exercised its authority to subpoena the documents or witnesses as provided in paragraph (3) of subsection (k) of Code Section 19-15-3; provided, however, if a superior court judge has previously ruled that the records or witnesses are not necessary to the fatality review at issue, such finding shall be conclusive on the issuance of the subpoena."
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.