By JOHN MUNFORD
jmunford@TheCitizenNews.com

Thanks to a new Georgia law, physicians can take temporary custody of children they suspect are being neglected or abused.

The law states doctors can take custody only if there is not sufficient time to obtain a court order regarding the child's custody. Physicians are still required to report potential cases of child abuse or neglect to the Fayette County Department of Family and Children Services.

Under the new law, a doctor choosing to take temporary custody has 24 hours to notify either a juvenile court intake officer or a law enforcement officer. At that point, the child will be taken into custody — unless he or she is admitted to the hospital — and an emergency custody hearing will be conducted.

The juvenile court intake officer will decide whether to keep the child in the state's custody. If the officer decides not to detain the child, the youth shall be released, the law states.

If the state is granted custody, the child's parent, guardian or custodian must be notified of a detention hearing, which must be conducted within 72 hours. At that hearing, a juvenile court judge decides who will get temporary custody of the child, said Lisa Reeves, social services supervisor for the Fayette DFCS.

Another hearing would be scheduled to determine who gets custody of the child on a longer-term basis, Reeves said.

The new law also requires the physician to:

ä Attempt to inform the parents, guardian or custodian of the child as to the youth's whereabouts;

ä Make a report of the suspected abuse or neglect as soon as possible;

ä Inform child welfare authorities that the child is being detained in temporary custody;

ä Contact a juvenile court intake officer or a law enforcement officer.

The new law also protects the physicians who use it — and their hospitals — by providing immunity from prosecution if they act in good faith and in accordance with acceptable medical practices.

The law, called the Terrell Peterson Act, took effect July 1. It was named after the victim of child abuse whose case sparked a statewide investigation into the child welfare system.

Since January of this year, doctors have referred three cases of suspected abuse or neglect, Reeves said. Four additional cases in that period were referred by hospitals, she added.

But those seven cases are a drop in the bucket compared to the other 312 cases reported by educators and others who are required by Georgia law to report possible child abuse or neglect.