Chapter 7. Parent and Child Relationship Generally · Article 1. General Provisions · Last amended 2009 · Last verified October 9, 2026
In one sentenceO.C.G.A. § 19-7-6 encourages anyone acting in a parent’s place to report a child’s habitual illegal use of drugs or marijuana to the parents and a child welfare agency, and it protects good-faith reporters from civil and criminal liability.
(a)The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the unlawful use and abuse of controlled substances or marijuana. The General Assembly recognizes the need for early intervention, counseling, and treatment as an effective means of addressing the problem of child controlled substance and marijuana abuse. It is intended that the reporting of the unlawful use of any controlled substance or marijuana will cause the protective services of the state to be brought to bear on this situation in an effort to protect and enhance the welfare of children. This Code section shall be liberally construed so as to carry out the purposes thereof.
(b)Any person exercising in loco parentis control over a child under the age of 18 years who has reasonable cause to believe that the child is habitually using in an unlawful manner any controlled substance or marijuana, as defined in Code Section 16-13-21, is encouraged to report such information to the child's parents and a child welfare agency providing protective services, as designated by the Department of Human Services.
(c)When the attendance of the person exercising in loco parentis control over a child is pursuant to the performance of services as a member of the staff of any school, social agency, or similar facility, the reporting person shall notify the person in charge of the facility or his designated delegate; and such person or his delegate shall report or cause reports to be made in accordance with this Code section.
(d)An oral report shall be made as soon as possible by telephone or otherwise and shall be followed by a report in writing, if requested, to the child welfare agency providing protective services, as designated by the Department of Human Services. Such report shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, and the nature and extent of the child's controlled substance or marijuana abuse history, if known.
(e)No agency or political subdivision of this state shall enact or enforce any disciplinary rule or penalty against an employee of the state or of any political subdivision of the state for failure to make any report referred to in subsection (b), (c), or (d) of this Code section.
(f)Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of a report or causing a report to be made to a child welfare agency providing protective services pursuant to this Code section or any other law or participating in any judicial proceeding or any other proceeding resulting therefrom shall, in doing so, be immune from any civil or criminal liability that might otherwise be incurred or imposed if such participation, pursuant to this Code section or any other law, is made in good faith. Any person making a report, whether required by this Code section or not, shall be immune from liability as provided in this subsection.
(g)Any person or official required to report under this Code section shall be exempt from reporting any information received from the child during a counseling or treatment program.
(h)The child welfare agency providing protective services, as designated by the Department of Human Services, shall forward a copy of all reports wherein the reporting person or official has actual knowledge that a child under the age of 18 has unlawfully consumed or otherwise used any controlled substance or marijuana to the juvenile court. As used in this subsection, the term “juvenile court” means the court exercising jurisdiction over juvenile matters, as defined under Code Section 15-11-2, in the county where the report was made.
End
Plain-English Summary
This section aims at early intervention, counseling and treatment for children who unlawfully use controlled substances or marijuana. Unlike the child abuse reporting law in § 19-7-5, its core provision encourages rather than requires a report. Any person exercising in loco parentis control — acting in a parent’s place — over a child under 18 who has reasonable cause to believe the child is habitually using a controlled substance or marijuana unlawfully is encouraged to tell the child’s parents and a child welfare agency the Department of Human Services designates.
When that person is on the staff of a school, social agency or similar facility, the staff member notifies the person in charge or that person’s delegate, who then shall report or cause reports to be made. The report is oral and made as soon as possible, followed by a written report if the agency asks. It must include the names and addresses of the child and the parents or caretakers, if known, the child’s age, and the nature and extent of the child’s drug history, if known. No state agency or political subdivision may enact or enforce a disciplinary rule or penalty against a state or local government employee for failing to make a report under subsections (b), (c) or (d).
Anyone who reports in good faith, or takes part in a resulting proceeding, is immune from civil and criminal liability. A person or official required to report is exempt from reporting information the child shares during a counseling or treatment program. Finally, the agency must forward to the juvenile court in the county where the report was made a copy of every report in which the reporter has actual knowledge that a child under 18 unlawfully used a controlled substance or marijuana. The section was last amended in 2009.
Frequently Asked Questions
Do teachers have to report student drug use in Georgia?
Not in the way they must report abuse. This section encourages, rather than requires, a person acting in a parent’s place to report a child’s habitual unlawful drug or marijuana use. A school staff member who does raise it notifies the person in charge, who shall then report. And no state agency or political subdivision may discipline a state or local government employee for failing to make a report under subsections (b), (c) or (d).
Who receives a report of a child’s drug use in Georgia?
The child’s parents and a child welfare agency providing protective services, as designated by the Department of Human Services. The report is made orally as soon as possible and in writing if the agency asks. It must give the names and addresses of the child and the parents or caretakers, the child’s age, and the child’s drug history, if known.
Does a counselor have to report what a teen says in drug treatment?
No. Under this section, any person or official required to report is exempt from reporting information received from the child during a counseling or treatment program. The section does not say whether such information may be shared voluntarily.
Will a report about my child’s drug use be sent to juvenile court?
It can be. The child welfare agency must forward to the juvenile court a copy of every report in which the reporter has actual knowledge that a child under 18 unlawfully consumed or used a controlled substance or marijuana. The forwarding rule turns on actual knowledge, not suspicion alone. The report goes to the court exercising juvenile jurisdiction in the county where the report was made.
Can I be sued for reporting a child’s drug use in Georgia?
You can’t be held liable if you report in good faith. Any person or entity that makes or causes a report to a child welfare agency under this section, or takes part in a resulting judicial or other proceeding, is immune from civil and criminal liability that might otherwise apply, as long as the participation is in good faith. The immunity applies whether or not the report was required.
Amendment History
Laws 1987, p. 1000, § 1; Laws 2009, Act 102, § 2-2, eff. July 1, 2009.
Source & verification. Section text and amendment history are reproduced
verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and
checked word for word against the Georgia Code Revision Commission’s public-domain edition and
the acts that later amended it. Section headings are the Code’s official catchlines.
Last verified October 9, 2026.
· Official source
Also known as:report child drug use georgiajuvenile drug use reporting georgiain loco parentis drug report georgiateen marijuana use report georgia