HB 905 seeks to amend Article 2 of Chapter 3 of Title 16 and Chapter 5 of Title 49 of the O.C.G.A. relating to justification and excuse, domestic relations, and programs and protections for children and youth, respectively.

            New Code Section 16-3-22.1 is added to Article 2 of Chapter 3 of Title 16 which explicates that any person who, in good faith, is in possession of illegal pornographic materials or images and immediately notifies law enforcement officials, or any person required by Code Section 19-7-5 to report suspected child abuse makes such notification within 72 hours from the time there is reasonable cause to believe such person is in possession of such materials or images, shall be immune to the same extent as a law enforcement officer would be immune for criminal liability for such possession. It further requires that the official report of the law enforcement agency or of the Division of Family and Children Services of the Department of Human Services shall create a rebuttable presumption of good faith and reasonableness on the part of the person in possession. 

            A revision of subsection (b) of Code Section 19-7-5 broadens the definition of “child abuse” to include “endangering a child” and alters the definition of sexual abuse to exclude consensual acts between a minor and an adult who is no more than 4 years older than the minor as opposed to the previous limit of 5. 

            Code Section 19-5-2 relating to protocol committee on child abuse receives new paragraph (2) which delineates agencies and entities which must designate a representative to serve on the committee. Subsection (g) calls for the filing of updated protocol by the committee no later than the first day of September of each year.

            New Code Section 49-5-4.1 calls for the establishment of a child welfare agency public scorecard to score child welfare agencies. They shall be published online in a single location for public review. The score shall be posted within 30 days of the completion of an inspection and, if appealed, the revised score shall be posted within 30 days of the conclusion of the appeal. The department shall provide child welfare agencies with advanced written notice of the scores to be posted, at which point the agency may file a written appeal within 10 days of receipt of the notice. At which point, a meeting will be held and within 30 days the commissioner’s designee shall issue written notice confirming or revising the score. 

            Subsections (p) and (q) of Code Section 49-5-12 are revised to change the range of fines for a child welfare agency operating without a license or commission to be guilty of a misdemeanor and punished by a fine of $500-1,000 for each such offense.

            New Code Section 49-5-12.3 mandates that inspections of agencies shall be held no sooner than 330 days and no later than 390 days after the date of the last annual inspection and shall not exceed 5 days.

            Within Code Section 49-5-183, subsection (h) is added to provide instances in which a minor child alleged to have committed abuse shall have their name removed from the registry, including: if he or she has reached 18 years of age, if more than 1 year has passed from the date of the act and there have been no subsequent acts, and if he or she can prove by a preponderance of evidence that he or she has been rehabilitated.

            Code Section 49-5-185 expands the persons or entities who have access or may be provided any information from the child abuse registry to include an affiliate court appointed special advocate program.

            This Act shall become effective on July 1, 2016 and Section 5 of this Act shall become effective on March 1, 2017.