Annual inspection of child welfare agency

(a) As used in this Code section, the term: (1) “Affected agency” means any state agency, department, division, or office which requires a license or commission from the department for child welfare agencies, including, but not limited to, the Division of Family and Children Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Community Health. (2) “Annual inspection” means an inspection of a child welfare agency’s facility, books, minutes, financial statements, files, employees, programs, and contracts to ensure contract compliance and licensure compliance. (3) “Child welfare agency” means any child-caring institution, 266 49-5-12.3 PROGRAMS & PROTECTION FOR CHILDREN 49-5-12.3 child-placing agency, children’s transition care center, or maternity home. (4) “Contract compliance” means adherence to the terms of a contract a child welfare agency has with an affected agency to provide child welfare services. (5) “Licensure compliance” means adherence to licensing or commissioning requirements established pursuant to and in accordance with Code Section 49-5-12. (b) The department shall ensure that the annual inspection of each child welfare agency is performed by all affected agencies in a singular coordinated manner. Affected agencies shall not duplicate the annual inspection but shall cooperate and assist the department with the annual inspection. Affected agencies shall share the results of the annual inspection with other applicable affected agencies. (c) The annual inspection shall not occur sooner than 330 days or later than 390 days after the date on which the last annual inspection began and shall not exceed five days. Affected agencies may reduce the extent of the annual inspection by reducing the frequency or the extent of the inspection for contract compliance when the child welfare agency has shown an exceptional history of contract compliance as determined upon past scores; provided, however, that such reduction does not violate federal law, court order, or settlement agreement. (d) A child welfare agency may contest the results of an annual inspection, in accordance with department rules, by filing a written appeal with the affected agency within ten days of receipt of the affected agency’s annual inspection report. Within ten days of receipt of a child welfare agency’s written appeal of the annual inspection, the affected agency shall hold a meeting with the child welfare agency. The meeting shall be for the parties to discuss the annual inspection. (e) The annual inspection shall not limit the ability of affected agencies and other state departments, divisions, and agencies to ensure the safety and well-being of children in the care of child welfare agencies or to inspect, investigate, or respond as required by court order, settlement agreement, or federal law. (f) In consultation with other affected agencies, the department shall promulgate rules and regulations consistent with this Code section, including establishing criteria which must be met in order for a child welfare agency to contest or appeal an evaluation. (g) Nothing in this Code section shall be construed to affect the ability of any affected agency, in its sole discretion, to contract with any child welfare agency or to exercise the rights of the affected agency under the terms and conditions of any existing contract with a child welfare agency. 267 49-5-12.3 SOCIAL SERVICES History. Code 1981, § 49-5-12.3, enacted by Ga. 49-5-15 L. 2016, p. 773, § 7/HB 905; Ga. L. 2017, p. 774, § 49/HB 323. 49-5-13. Private child care learning centers not required to meet federal adult-child ratio. Nothing in this article or any rules and regulations adopted hereunder shall be construed to require that private child care learning centers maintain a ratio of adults to children under care that is commensurate with any federal requirement concerning such adult to child ratio. History. Ga. L. 1970, p. 720, § 1; Ga. L. 2013, p. 135, § 12/HB 354. 49-5-14. [Reserved] Fire inspections of day-care homes and centers; fire safety codes. History. Ga. L. 1984, p. 706, §§ 4, 5, 11; Ga. L. 1984, p. 22, § 49; repealed by Ga. L. 1985, p. 1642, § 1, effective July 1, 1985. Editor’s notes. Ga. L. 1985, p. 1642, § 3, not codified by the General Assembly, provides that noth- ing in the Act amends or repeals the definitions contained in Chapter 5 of Title 49. Ga. L. 1985, p. 1642, § 1 repealed and reserved this Code section, effective July 1, 1985. 49-5-15. Notice as to child brought into state for placement or adoption; bond; certificate as to foster home; reports. No person shall bring or send into the state any child for the purpose of placing him or procuring his adoption without first filing notice with the department. He shall file with the department a bond payable to the state for each child he intends to send or bring, approved by the department, in the penal sum of $1,000.00, conditioned that he will not send or bring into the state any child who is incorrigible or unsound in mind or body; that he will remove any such child who becomes a public charge or who, in the opinion of the department, becomes a menace to the community prior to his adoption or becoming of legal age; and that the person with whom the child is placed shall be responsible for his proper care and training. Before any child shall be brought or sent into the state for the purpose of placing him in a foster home, the person so bringing or sending such child shall first notify the department of his intention and shall obtain from the department a certificate stating that such home is, in the opinion of the department, a suitable home for the child. Such notification shall state the name, age, and personal description of the child; the name and address of the person with whom the child is to be placed; and such other information as may be required by the department. The person bringing or sending such child into the state shall report at least once each year and at such other times as the 268 49-5-15 PROGRAMS & PROTECTION FOR CHILDREN 49-5-16 department shall direct as to the location and well-being of the child so long as such child shall remain within the state and until he shall have reached the age of 18 or shall have been legally adopted. History. Ga. L. 1963, p. 81, § 15.