Kinship caregiver authorized to provide legal consent

(a) A kinship caregiver shall be authorized, on behalf of a child residing with the kinship caregiver, which child is not in the custody of the Division of Family and Children Services of the Department of Human Services, to give legal consent for such child to: (1) Receive any educational services; (2) Receive medical services directly related to academic enrollment; or (3) Participate in any curricular or extracurricular activities for which parental consent is usually required by executing the affidavit described in Code Section 20-1-18. The affidavit shall not be valid for more than one year after the date on which it is executed. (b) Upon transmitting to a school an executed affidavit described in Code Section 20-1-18, the kinship caregiver shall serve as the school’s point of contact for the child regarding truancy, discipline, and educational progress for as long as such affidavit shall continue to be in effect. (c) The decision of a kinship caregiver to consent to or refuse educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities for a child residing with the kinship caregiver shall be superseded by any contravening decision of a parent or a person having legal custody of the child, provided that the decision of the parent or legal custodian does not jeopardize the life, health, safety, or welfare of the child. (d) Reasonable efforts shall be made by the kinship caregiver to locate at least one of the child’s parents prior to the notarization and submission of the affidavit set forth in Code Section 20-1-18. (e) Nothing in this Code section shall apply to, or give authority for, an abortion as provided in Code Section 15-11-682 or any other provision of law. 16 20-1-18 History. Code 1981, § 20-1-16, enacted by Ga. L. 2017, p. 113, § 2/SB 186. 20-1-17. Reliance on properly executed affidavit; notice of child ceasing to reside with kinship caregiver; provision of false information in execution of affidavit. (a) No person who acts in good faith reliance on a properly executed kinship caregiver’s affidavit, having no actual knowledge of any facts contrary to those stated in the affidavit, shall be subject to civil liability or criminal prosecution, or to professional disciplinary procedure, for any action which would have been proper if the facts had been as they believed them to be. This subsection shall apply even if educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities are rendered to a child in contravention of the wishes of the parent or legal custodian of such child; provided, however, that the person rendering the educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities shall not have actual knowledge of the wishes of the parent or legal custodian. (b) A person who relies on a properly executed kinship caregiver’s affidavit has no obligation to make further inquiry or investigation. Nothing in this article shall relieve any person of responsibility for violations of other provisions of law, rules, or regulations. (c) If a child ceases to reside with a kinship caregiver for a period in excess of 30 days, such kinship caregiver shall, not later than 30 days after such period, notify all parties to whom he or she has transmitted the affidavit or to whom he or she has caused the affidavit to be transmitted. (d) Any individual who knowingly provides false information in executing the affidavit required by this article commits the offense of false swearing within the meaning of Code Section 16-10-71 and shall be subject to the penalties prescribed by such Code section. History. Code 1981, § 20-1-17, enacted by Ga. L. 2017, p. 113, § 2/SB 186; Ga. L. 2019, p. 1056, § 20/SB 52. 20-1-18. Requirements for validly executed affidavit; form.