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Georgia

O.C.G.A. § 19-7-5Georgia mandatory-reporting statute

Clergy named as mandatory reporter?
Yes
Confessional exemption?
Yes
Statute
O.C.G.A. § 19-7-5
Clergy named
Expressly
Pending

Georgia law names clergy in its mandatory-reporting statute and overrides every other privilege when child abuse is at issue, except information learned solely in confession or a similar communication the religious body itself defines as required to be confidential. The statutory mechanics live at O.C.G.A. § 19-7-5: subsection (b)(7) defines clergy, subsection (c)(1)(M) pulls most working clergy in through the 'child service organization personnel' category, and subsection (g) bars privilege defenses generally while preserving the confession exception. A separate evidence-law privilege at O.C.G.A. § 24-5-502 treats clergy communications about 'spiritual comfort,' 'spiritual guidance,' and counseling as privileged, and lets the religious body itself draw the line on what those terms cover. The just-closed 2025-26 biennium produced two attempts at reform; neither closed the gap. HB 1479, a civil statute-of-limitations extension for clergy abuse claims, died in House Judiciary at sine die on April 2, 2026. HB 1409, a broader rewrite of mandated reporting, passed both chambers and was vetoed on May 12, 2026. A third bill, SB 542, did become law on May 11, 2026, but it adds clergy to a separate criminal statute for those who commit abuse and does not touch § 19-7-5 or the confession carveout. Georgia is where survivors keep showing up at the Capitol and § 19-7-5 emerges from each session unchanged. Closing that gap is the work UCO is pushing in Georgia and every state with a version of the same carveout.

Section 01What needs to change

What needs to change in Georgia.

  • Clergy defined at § 19-7-5(b)(7); pulled in through (c)(1)(M)

    Subsection (b)(7) defines clergy as 'ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization.' Clergy are not a stand-alone category in the (c)(1) list of fifteen mandated-reporter classes, but most working clergy fall within (c)(1)(M), 'child service organization personnel,' because nearly every functioning religious organization runs at least one program offering care, education, counseling, or shelter to children. Federal HHS and the state's lead child-abuse-prevention organization both classify clergy as mandated reporters under this structure.

    View source ↗
  • Every privilege overridden except confession, at § 19-7-5(g)

    Subsection (g) requires suspected child abuse to be reported notwithstanding any otherwise-applicable privilege or confidential-communication rule, then carves clergy back out: a clergy member is not required to report abuse 'reported solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice.' When the same clergy member learns of the abuse from any other source, the reporting duty applies in full.

    View source ↗
  • Separate clergy-communications privilege at § 24-5-502

    Georgia evidence law treats clergy communications about 'spiritual comfort,' 'spiritual guidance,' and counseling as privileged and bars clergy from being compelled to disclose them. Read together with § 19-7-5(g), the privilege lets the religious body itself define which pastoral conversations are sacramental, and therefore which fall inside the reporting carveout. The statute does not constrain how broadly an institution may draw that line.

    View source ↗
  • 24-hour deadline; knowing failure to report is a misdemeanor

    Reports must be made immediately and no later than 24 hours after reasonable cause to believe child abuse has occurred. A mandated reporter who knowingly and willfully fails to report commits a misdemeanor under § 19-7-5.

    View source ↗
  • May v. State narrows the reporting duty to children the reporter 'attends'

    The Georgia Supreme Court held that the § 19-7-5(c)(1) reporting duty extends only to abuse of a child the mandated reporter 'attends' in connection with the profession, occupation, employment, or volunteer work that makes them a mandated reporter. Applied to clergy reached through the (c)(1)(M) child-service-organization-personnel category, the duty is anchored to children for whom the clergy member has a religious or child-service responsibility, not to any child the clergy member learns about in passing. Layered on top of the (g) confession carveout, this produces a clergy reporting regime narrower than 'all clergy must report all suspected abuse.'

    View source ↗
Section 02What's needed

What it takes to close the gap.

Section 03How you can help

Concrete ways to support reform in Georgia.

Donate

Donate.

Donations fund Georgia-specific research, survivor-coalition outreach, and the long work of returning to the Capitol with a § 19-7-5 reform bill that does not get vetoed.

Mission supportDonate
Section 04Timeline

How Georgia got here.

  • 2014
    May v. State narrows the reporting duty

    Georgia Supreme Court holds that § 19-7-5(c)(1) reaches only children the mandated reporter 'attends' in their professional or volunteer role. The narrowing applies to every (c)(1) category, including the (M) child-service-organization-personnel route by which clergy are typically covered.

    View source ↗
  • 2024
    § 19-7-5 amended; (g) confession carveout preserved

    2024 Ga. Laws 389, effective July 1, 2024, updates portions of the mandatory-reporting statute. The subsection (g) clergy-confession exception is carried forward intact.

    View source ↗
  • 2026-04
    HB 1479 dies at sine die

    Rep. Tanya Miller's civil statute-of-limitations extension for clergy abuse claims is assigned to House Judiciary on March 3, 2026 and does not advance before sine die on April 2, 2026.

    View source ↗
  • 2026-05-11
    SB 542 signed; clergy added to § 16-6-5.1

    Governor Kemp signs SB 542 after unanimous passage in both chambers (Senate 55-0, House 168-0). The law adds clergy to the criminal authority-figure statute but does not amend § 19-7-5 or change reporting duties.

    View source ↗
  • 2026-05-12
    HB 1409 vetoed

    After passing both chambers, HB 1409 (a broader rewrite of Georgia's mandated-reporting framework) is vetoed by the Governor, leaving § 19-7-5 and its confession carveout unchanged for the 2025-26 biennium.

    View source ↗
Section 05Key cases

Litigation shaping the law.

  • May v. State

    295 Ga. 388, 761 S.E.2d 38 (2014)2014

    Unanimous Georgia Supreme Court opinion reversing the failure-to-report conviction of a high-school teacher whose former student disclosed sexual abuse by a paraprofessional after the student had transferred to a different school. The Court held that the § 19-7-5(c)(1) reporting duty is limited to children the mandated reporter 'attends' pursuant to the duties of the profession, occupation, employment, or volunteer work that makes them a mandated reporter. Because the student was no longer enrolled at the teacher's school when she disclosed, no statutory duty attached. The holding controls every (c)(1) category, including the (M) child-service-organization-personnel category through which clergy are pulled into the reporting regime.

    View source ↗
Section 06Background

Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

  • Justia US Law (rendering the Official Code of Georgia Annotated)· 2024 (through 2024 Ga. Laws 389, eff. 7/1/2024)
    O.C.G.A. § 19-7-5 — Reporting of child abuse (2024 Georgia Code)

    The principal mandatory-reporting statute. Subsection (b)(7) defines clergy; subsection (c)(1)(M) is the operative 'child service organization personnel' category that sweeps in most working clergy; subsection (g) overrides privilege generally and carves out information learned solely in confession or similar church-doctrine-confidential communication; the same subsection imposes a 24-hour reporting deadline and makes knowing failure to report a misdemeanor.

    View source ↗
  • Justia US Law· 2024
    O.C.G.A. § 24-5-502 — Communications to clergyman privileged (2024)

    Georgia's separate evidence-law privilege treats clergy communications about 'spiritual comfort,' 'spiritual guidance,' and counseling as privileged and bars compelled clergy disclosure or testimony. The breadth of this privilege depends on how the religious body itself defines those terms, and it operates alongside the § 19-7-5(g) reporting carveout.

    View source ↗
  • Georgia Office of the Child Advocate· accessed May 2026
    Mandated Reporting — O.C.G.A. § 19-7-5 (state-agency hosted text)

    Official state-agency training page reproducing § 19-7-5, including the (c)(1) reporter list and the (g) clergy-confession carveout. Useful for confirming that the statute as enforced names clergy via its definitions and privilege exception even though clergy are not separately enumerated in (c)(1).

    View source ↗
  • U.S. HHS Children's Bureau / Child Welfare Information Gateway· May 2023
    Clergy as Mandatory Reporters of Child Abuse and Neglect — Georgia

    Federal state-by-state reference classifying Georgia as a state that expressly names clergy as mandated reporters and that preserves the clergy-penitent privilege only for communications learned solely in confession or similar church-doctrine-confidential settings.

    View source ↗
  • FindLaw (Supreme Court of Georgia opinion)· June 30, 2014
    May v. State, 295 Ga. 388 (2014)

    Unanimous Georgia Supreme Court decision construing § 19-7-5(c)(1). Anchors the legal note and key case explaining why the reporting duty is limited to children the mandated reporter 'attends' in a professional capacity, including for clergy who fall under (c)(1)(M).

    View source ↗
  • The Roys Report (republished by Religion Unplugged)· May 12, 2026
    Kemp signs Georgia bill criminalizing clergy sexual abuse

    Documents the SB 542 enactment context: unanimous bipartisan passage driven by survivor testimony from the Truett McConnell University case, and the boundary that SB 542 amends the criminal authority-figure statute (§ 16-6-5.1) rather than the mandatory-reporting framework at § 19-7-5.

    View source ↗
Last reviewed May 20, 2026 · by Unheard Child Org research teamHow we track this

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