Georgia Code § 49-5-180 - Definitions

As used in this article, the term:

(1) "Abuse investigator" means the division, any county or district department of family and children services, or any designee thereof.

(2) "Alleged child abuser" means a person named in an abuse investigator's report as having committed a substantiated case.

(3) "Child" means any person under 18 years of age.

(4) "Child abuse" has the same meaning as in paragraph (4) of subsection (b) of Code Section 19-7-5.

(5) "Child abuse crime" means:

(A) A violation of Article 1 or Article 2 of Chapter 5 of Title 16 or subsections (b) or (c) of Code Section 16-5-70, in which physical injury or death is inflicted on a minor child by a parent or caretaker thereof by other than accidental means;

(B) A violation of Code Section 16-12-1 regarding a minor child by a parent or caretaker thereof;

(C) A violation of Chapter 6 of Title 16 in which the victim is a minor;

(D) A violation of Part 2 of Article 3 of Chapter 12 of Title 16; or

(E) Any other crime that, in the discretion of the prosecuting attorney, constitutes child abuse.

(6) "Child abuse registry" means the Child Protective Services Information System.

(7) "Convicted" means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. Such term also includes having been arrested, charged, and sentenced for the commission of a child abuse crime for which:

(A) A plea of nolo contendere was entered to the charge; or

(B) First offender treatment without adjudication of guilt pursuant to the charge was granted. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime.

(8) "Convicted child abuser" means a person who is convicted.

(9) "Division" means the Division of Family and Children Services of the department.

(10) "Out-of-state abuse investigator" means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article.

(11) "Sexual abuse" has the same meaning as in paragraph (10) of subsection (b) of Code Section 19-7-5.

(12) "Sexual exploitation" has the same meaning as in paragraph (11) of subsection (b) of Code Section 19-7-5.

(13) "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.

Section: 49-5-180  49-5-181  49-5-182  49-5-183  49-5-184  49-5-185  49-5-186  49-5-187    Next

Last modified: October 14, 2016