§ 49-5-46. Immunity From Liability of Department, Agency, or Child Advocacy Center
The department, an agency, a child advocacy center, and employees thereof providing access to or disclosure of records or information as authorized by Code Section 49-5-41 shall have no civil liability or criminal responsibility therefor. History. Code 1981, § 49-5-46 , enacted by Ga. L. 1990, p. 1778, § 4; Ga. L. 2016, p. 160, […]
§ 49-5-40. Definitions; Confidentiality of Records; Restricted Access to Records
As used in this article, the term: “Abused” means subjected to child abuse. “Child” means an individual under 18 years of age. “Child abuse” means: Physical injury or death inflicted upon a child by a parent, guardian, legal custodian, or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may […]
§ 49-5-41. Persons and Agencies Permitted Access to Records
Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse: Any federal, state, or local governmental entity, tribal entity, or any agency of any such entity that has a need for information contained in such records in order to carry out its legal responsibilities […]
§ 49-5-41.1. Inspection and Retention of Records of Juvenile Drug Use
Notwithstanding Code Section 49-5-40, all reports, files, and records of child controlled substance or marijuana abuse shall be open to inspection only upon order of the juvenile court. As used in this Code section, the term “juvenile court” means the court exercising jurisdiction over juvenile matters, as defined under Code Section 15-11-2, in the county […]
§ 49-5-42. Rules and Regulations
The board may adopt rules and regulations not inconsistent with this article. History. Ga. L. 1975, p. 1135, § 4.
§ 49-5-43. Article Not to Conflict With Federal Law or Lose Federal Funds; Duty of Board
Nothing in this article is intended to conflict with any provision of federal law or to result in the loss or denial of federal funds. The board shall adopt rules and regulations necessary to prevent conflict with federal law or the loss of federal funds. History. Ga. L. 1975, p. 1135, § 5.
§ 49-5-44. Penalties for Unauthorized Access to Records; Use of Records in Public and Criminal Proceedings
Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor. Any person who knowingly and under false pretense obtains or attempts to obtain records or reports […]
§ 49-5-45. Penalty for Allowing Unauthorized Access to Juvenile Drug Use Records
Any person who authorizes or permits any person or agency not authorized by the juvenile court pursuant to Code Section 49-5-41.1 to have access to such records concerning reports of child controlled substance or marijuana abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor. History. Code 1981, § 49-5-45 , enacted […]