ATLANTA (March 15, 2016) | Legislation that would require a court order for the release of child abuse records was approved by the Georgia State Senate today. House Bill 725, also known as the “Child Abuse Records Protection Act,” also expands the definition of “child abuse” and adds child advocacy centers to the list of entities allowed to release these types of records. The bill was carried by Sen. Charlie Bethel and passed by a vote of 54-0.
“This is a bill meant to protect children who are going through an already very difficult and fragile situation. Although it’s important for the professionals involved to have full knowledge of the child’s case history, it’s even more critical for these personal details to remain confidential and private,” said Sen. Bethel.
In addition to requiring a court order for the release of child abuse records, HB 725 would require the court to issue a protective order. Individuals allowed to access the records must acknowledge, in writing, that he or she agrees to be bound by the protective order. Released records must be immediately returned to the court when the matter requiring the release of records is closed. Failure to obey the protective order may be considered as contempt of court.
House Bill 725 expands the definition of “child abuse” to include abuse, neglect or exploitation of a child by a guardian or legal custodian. Current language states “a parent or caretaker thereof”. Emotional abuse is also included in the definitions of abuse, neglect or exploitation. The definition of “sexual exploitation” is also expanded to include acts that permit, encourage, or require a child to engage in sex trafficking, obscene depiction of a minor, and the electronic transmission of nude or sexually explicit images. The bill also allows child advocacy centers to release records under certain circumstances.
HB 725 now transfers to Governor Deal for his signature.
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For Immediate Release:
March 15, 2016
For Information Contact:
Jennifer Yarber, Director
Jennifer.yarber@senate.ga.gov
404.656.0028