§ 30-5-1. Short Title
This chapter shall be known and may be cited as the “Disabled Adults and Elder Persons Protection Act.” History. Ga. L. 1981, p. 1320, § 1; Ga. L. 1997, p. 700, § 2.
§ 30-5-2. Legislative Purpose
The purpose of this chapter is to provide protective services for abused, neglected, or exploited disabled adults and elder persons. It is not the purpose of this chapter to place restrictions upon the personal liberty of disabled adults or elder persons, but this chapter should be liberally construed to assure the availability of protective services […]
§ 30-5-3. Definitions
As used in this chapter, the term: “Abuse” means the willful infliction of physical pain, physical injury, sexual abuse, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person. (1.1) “Adult Abuse, Neglect, and Exploitation Multidisciplinary Team” means the multiagency team established in each judicial circuit in […]
§ 30-5-4. Reporting of Need for Protective Services; Manner and Contents of Report; Immunity From Civil or Criminal Liability; Privileged Communications
The following persons having reasonable cause to believe that a disabled adult or elder person has been the victim of abuse, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section: Any person required to report child […]
§ 30-5-4.1. Discrimination and Retaliation for Reporting Prohibited
No person shall discriminate or retaliate in any manner against: Any person who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, who participates in an investigation, or who participates on an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team under the provisions of […]
§ 30-5-5. Investigation of Reports of Need for Protective Services; Interference With Investigation; Provision of Protective Services
When the director receives a report that a disabled adult or elder person is in need of protective services, he or she shall conduct or have conducted a prompt and thorough investigation to determine whether the disabled adult or elder person is in need of protective services and what services are needed. The investigation shall […]
§ 30-5-6. Cooperation of Other Public Agencies With Director; Power of Director to Contract for Provision of Medical Evaluations; Regulations
The staff and physicians of local health departments, mental health clinics, and other public agencies shall cooperate fully with the director in the performance of the director’s duties under this chapter. The director may contract with an agency or private physician for the purpose of providing immediate accessible medical evaluations in the location that the […]
§ 30-5-7. Confidentiality of Public Records; Reasonable Access; Redaction in Certain Circumstances
All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. The following […]
§ 30-5-8. Criminal Offenses and Penalties
It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. Any person violating the provisions of this Code section shall be guilty of a misdemeanor. […]
§ 30-5-9. Applicability to Employment Relationship
Nothing in this chapter shall be construed to limit the application of Code Section 34-7-1 to the employment relationship between a disabled adult or elder person and his or her employer or to create a new cause of action as a result of the employment relationship. History. Code 1981, § 30-5-9 , enacted by Ga. […]