19-15-1
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19-15-1.
As
used in this chapter, the term:
(1)
'Abused' means subjected to child abuse.
(2)
'Child' means any person under 18 years of age.
(3)
'Child abuse' means:
(A)
Physical injury or death inflicted upon a child by a parent or caretaker thereof
by other than accidental means; provided, however, physical forms of discipline
may be used as long as there is no physical injury to the child;
(B)
Neglect or exploitation of a child by a parent or caretaker thereof;
(C)
Sexual abuse of a child; or
(D)
Sexual exploitation of a child.
(4)
'Child protection professional' means any person who is employed by the state or
a political subdivision of the state as a law enforcement officer, school
teacher, school administrator, or school counselor or who is employed to render
services to children by the Department of Human Resources or any county board of
health or county department of family and children services.
(5)
'Eligible deaths' means deaths meeting the criteria for review by a county child
fatality review committee including deaths resulting from Sudden Infant Death
Syndrome, unintentional injuries, intentional injuries, medical conditions when
unexpected or when unattended by a physician, or any manner that is suspicious
or unusual.
(6)
'Investigation' in the context of child death includes all of the following:
(A)
A post-mortem examination which may be limited to an external examination or may
include an autopsy;
(B)
An inquiry by law enforcement agencies having jurisdiction into the
circumstances of the death, including a scene investigation and interview with
the child´s parents, guardian, or caretaker and the person who reported the
child´s death;
(C)
A review of information regarding the child and family from relevant agencies,
professionals, and providers of medical care.
(7)
'Panel' means the Georgia Child Fatality Review Panel established pursuant to
Code Section 19-15-4. The panel oversees the local child fatality review process
and reports to the Governor on the incidence of child deaths with
recommendations for prevention.
(8)
'Protocol committee' means a multidisciplinary, multiagency child abuse protocol
committee established for a county pursuant to Code Section 19-15-2. The
protocol committee is charged with developing local protocols to investigate and
prosecute alleged cases of child abuse.
(9)
'Report' means a standardized form designated by the panel which is required for
collecting data on child fatalities reviewed by local child fatality review
committees.
(10)
'Review committee' means a multidisciplinary, multiagency child fatality review
committee established for a county or circuit pursuant to Code Section 19-15-3.
The review committee is charged with reviewing all eligible child deaths to
determine manner and cause of death and if the death was preventable.
(11)
'Sexual abuse' means a person´s employing, using, persuading, inducing,
enticing, or coercing any minor who is not that person´s spouse to engage
in any act which involves:
(A)
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex;
(B)
Bestiality;
(C)
Masturbation;
(D)
Lewd exhibition of the genitals or pubic area of any person;
(E)
Flagellation or torture by or upon a person who is nude;
(F)
Condition of being fettered, bound, or otherwise physically restrained on the
part of a person who is nude;
(G)
Physical contact in an act of apparent sexual stimulation or gratification with
any person´s clothed or unclothed genitals, pubic area, or buttocks or with
a female´s clothed or unclothed breasts;
(H)
Defecation or urination for the purpose of sexual stimulation; or
(I)
Penetration of the vagina or rectum by any object except when done as part of a
recognized medical procedure.
'Sexual
abuse' shall not include consensual sex acts involving persons of the opposite
sex when the sex acts are between minors or between a minor and an adult who is
not more than three years older than the minor. This provision shall not be
deemed or construed to repeal any law concerning the age or capacity to consent.
(12)
'Sexual exploitation' means conduct by a child´s parent or caretaker who
allows, permits, encourages, or requires that child to engage in:
(A)
Prostitution, as defined in Code Section 16-6-9; or
(B)
Sexually explicit conduct for the purpose of producing any visual or print
medium depicting such conduct, as defined in Code Section 16-12-100.