Review and Expunction of Central Registries and Reporting Records - Georgia

Right of the Reported Person to Review and Challenge Records
Citation: Child Welf. Pol. Man. § 5.5

In policy: The Division of Family and Children Services (DFCS) shall do the following:

• Provide a substantiated maltreater* the opportunity to appeal a substantiated child abuse determination via the Child Protective Services (CPS) administrative review process. 
• Provide the requestor 45 calendar days from the receipt of the notice of child protective services investigation substantiation to request an administrative review 
• Have a three-tiered process for an administrative review to include the following: 
  • A 1st level review by the regional director (RD)/designee which shall be concluded within 45 business days of the receipt for a request of a desk review or within 60 business days of the receipt for a request of an in-person review 
  • A 2nd level review by the administrative review team (ART) which shall be concluded within 45 business days of the receipt for a request of a desk review or within 60 business days of the receipt for a request of an in-person review 
  • A 3rd level review, which shall be a desk review, conducted by the DFCS division director or designee within 45 business days of the receipt of the notification from the ART 
• Use the following guidelines as it relates to CPS administrative reviews and court proceedings when the substantiated maltreater has a court case pending: 
  • The review shall not be delayed pending a criminal proceeding. 
  • The review shall be stayed until the conclusion of the adjudication hearing in juvenile court when the requestor is the child's parent. If the child is not adjudicated dependent, the requestor shall be entitled to have an administrative review. 

Note: DFCS shall process the request for a 2nd level review if the substantiated case determination and a review were conducted in compliance with the CPS panel review process prior to November 1, 2009.

The objectives of the CPS administrative review are the following:

• To determine if the information and evidence gathered during the investigation is sufficient to support the substantiated maltreatment
• To provide an opportunity for the substantiated maltreater to appeal the case disposition and to submit written or oral information that supports an unsubstantiated case disposition

To provide an opportunity for DFCS staff to enhance best practices and service delivery

*A substantiated maltreater is an individual whom DFCS has determined to have abused a child by a preponderance of the evidence. It includes, but is not limited to, a birth parent, legal guardian, caregiver, foster parent (DFCS or private agency), relative, child-placing agency or child-caring institution staff, day care staff, and school personnel.

When Records Must Be Expunged

This issue is not addressed in the laws and policies reviewed.