Definitions

As used in this part, the term: (1) “Board” means the advisory board to the Governor’s Office for Children and Families created pursuant to Code Section 49-5-134. (2) “Child” means a person under the age of 17 years who is alleged to have committed a delinquent act or a person under the age of 18 years who is alleged to be a dependent child or is alleged to be a child in need of services as those terms are defined by Code Section 15-11-2. (3) “Director” means the executive director of the Governor’s Office for Children and Families. (4) “’Fund” means the State Children’s Trust Fund created pursuant to Code Section 19-14-20. (5) “Neglect” means harm to a child’s health or welfare by a person responsible for the child’s health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. (6) “Office” means the Governor’s Office for Children and Families created pursuant to Code Section 49-5-132. (7) “Prevention program” means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect. History. Code 1981, § 49-5-131, enacted by Ga. L. 2008, p. 568, § 9/HB 1054; Ga. L. 2009, p. 8, § 49/SB 46; Ga. L. 2013, p. 294, § 4-59/HB 242; Ga. L. 2021, p. 761, § 20/HB 511. The 2021 amendment, effective July 1, 2022, inserted “State” in paragraph (4). Editor’s notes. Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides: “This Act shall become effective on 320 49-5-131 PROGRAMS & PROTECTION FOR CHILDREN January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that 49-5-132 provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.” 49-5-132. Governor’s Office for Children and Families established; funding; duties and responsibilities. (a) There is established the Governor’s Office for Children and Families which shall be assigned to the Department of Human Services for administrative purposes. (b) The office shall be the successor entity to the Children and Youth Coordinating Council and to the Children’s Trust Fund Commission and shall assume the continuing responsibilities, duties, rights, staff, contracts, debts, liabilities, and authorities of those bodies, any law to the contrary notwithstanding. (c) The office may accept federal funds granted by Congress or executive order for the purposes of the fund as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the state treasurer for deposit in the fund to be disbursed as other moneys in such fund. (d) The office is further vested with authority to carry out the following duties and responsibilities in consultation with the board: (1) To carry out the prevention and community based service programs as provided for in Part 2 of this article; (2) To carry out the duties relating to mentoring as provided for in Part 3 of this article; (3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (4) To prepare, publish in print or electronically, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children’s service system of this state, including, but not limited to, the juvenile justice system; (5) To serve as a state-wide clearing-house for child related information and research; 321 49-5-132 (6) In coordination and cooperation with all components of the children’s service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems; (7) To serve in an advisory capacity to the Governor on issues impacting the children’s service systems of this state; (8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines; (9) To provide for the interaction, communication, and coordination of all components of the children’s service systems of this state and to provide assistance in establishing state-wide goals and standards in the system; (10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of social services, education, and educational services; (11) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth; (12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; (13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth; (14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. History. Code 1981, § 49-5-132, enacted by Ga. L. 2008, p. 568, § 9/HB 1054; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2010, p. 863, § 3/SB 296; Ga. L. 2013, p. 141, § 49/HB 79; Ga. L. 2021, p. 761, § 21/HB 511. The 2021 amendment, effective July 1, 2022, substituted “Department of Human Services” for “Office of Planning and Budget” in subsection (a). 322 49-5-133 PROGRAMS & PROTECTION FOR CHILDREN 49-5-134 49-5-133. Executive director; appointment; contracting with other agencies. (a) There shall be an executive director of the office who shall be appointed by and serve at the pleasure of the Governor. (b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports as will best enable the office to carry out its functions, responsibilities, and duties under this article. The director is specifically authorized to enter into cooperative contracts for the sharing of staff expertise and personnel with the Office of the Child Advocate for the Protection of Children. History. Code 1981, § 49-5-133, enacted by Ga. L. 2008, p. 568, § 9/HB 1054. 49-5-134. Advisory board established; membership; officers and committees; compensation. (a) There is established an advisory board to the office which shall consist of at least 15 members appointed by the Governor who as a group have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, early childhood, primary and secondary education, or the administration of juvenile justice. (b) At least one-fifth of the members of the advisory board shall be under the age of 24 at the time of their appointment, and at least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system or the foster care system. A single member may fulfill both of the above requirements. (c) Membership on the advisory board does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (d) The advisory board shall elect a chairperson from among its membership. The advisory board may elect such other officers and committees as it considers appropriate. (e) Members shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in 323 49-5-135 compliance with travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the member’s capacity as the representative of another state agency. History. Code 1981, § 49-5-134, enacted by Ga. L. 2008, p. 568, § 9/HB 1054. 49-5-135. Powers and duties of advisory board.