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:

� Attempt to inform the

parents, guardian or custodian of the child as to

the youth's whereabouts;

� Make a report of the

suspected abuse or neglect as soon as possible;

� Inform child welfare

authorities that the child is being detained in

temporary custody;

� 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.

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