§ 49-5-184. Expungement hearing.

CODE OF GEORGIA

Title 49. SOCIAL SERVICES

Chapter 5. PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH

Article 8. CHILD PROTECTIVE SERVICES INFORMATION SYSTEM

Current through 2019 Chapter 321

§ 49-5-184. Expungement hearing

(a) Except as provided in subsection (d) of this Code section, an individual whose name appears in the child abuse registry as having committed a substantiated case shall be entitled to a hearing for an administrative determination of whether or not expungement of such individual's name should be ordered. In order to exercise such right, such individual shall after three years from the date such individual's name was included in the child abuse registry file a written request for a hearing with the division.
(b) Upon receipt by the division of a written request for a hearing pursuant to subsection (a) of this Code section, the division shall transmit such request to the Office of State Administrative Hearings within ten days of receipt. The Office of State Administrative Hearings shall conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except as otherwise provided in this Code section. A hearing shall be conducted within 60 days following receipt of the request by the Office of State Administrative Hearings. The general public shall be excluded from such hearings, and the files and records relating thereto shall be confidential and not subject to public inspection.
(c) In determining whether to expunge an individual's name from the child abuse registry, the administrative law judge shall consider:
(1) The nature and circumstances of the child abuse;
(2) The seriousness of the harm caused by the child abuse;
(3) The criminal history of the individual who requested the hearing;
(4) The risk to the child who was found to have been abused such individual poses;
(5) The risk to the community such individual poses;
(6) The impact on such individual's employment and licensure opportunities due to inclusion of such individual's name in the child abuse registry;
(7) Evidence of such individual's completion of training, rehabilitation, or efforts to learn effective strategies to care for children; and
(8) Any other factors deemed by such administrative law judge to be relevant to the determination.
(d) An individual's name shall not be expunged from the child abuse registry:
(1) While such individual is involved in an open dependency case for the act of child abuse for which such individual was included in the child abuse registry;
(2) If such individual was included in the child abuse registry for an act of child abuse that resulted in a child fatality; or
(3) If such individual's parental rights have been terminated either voluntarily or involuntarily as a result of the act of child abuse for which such individual was included in the child abuse registry.
(e) Within five days after the conclusion of such hearing, the administrative law judge shall issue an order regarding whether the name of the individual who requested the hearing should be removed from the child abuse registry and transmit such order to such individual and the division. Notwithstanding any other provision of law, the decision of the Office of State Administrative Hearings shall constitute the final agency decision. The alleged child abuser and the division shall have the right of judicial review of that such decision in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," except that the petition for review shall be filed within 30 days after such decision and shall only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be the same as those for judicial review of contested cases under Code Section 50-13-19. The review and records thereof shall be closed to the public and not subject to public inspection.
(f) Upon receipt of an administrative decision ordering that an individual's name be removed from the child abuse registry, the division shall remove such individual's name, the classification and type of abuse, and the copy of the investigator's report from the child abuse registry. If an individual's request for expungement is denied, such individual may submit to the division a subsequent request for hearing, in accordance with subsection (a) of this Code section, no sooner than three years after such denial.

Cite as OCGA § 49-5-184

History. Amended by 2019 Ga. Laws 252, §4, eff. 1/1/2020.

Amended by 2016 Ga. Laws 625, §49, eff. 5/3/2016.

Amended by 2016 Ga. Laws 597, §8, eff. 7/1/2016.

Added by 2015 Ga. Laws 77, §11, eff. 7/1/2015.