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Georgia Statutes, Title 49

Georgia/Statutes

← All Georgia coverage

Title 49

12 chapters · 362 sections in this title.

All chapters in Title 49362 Ch 4, PUBLIC ASSISTANCE124 Ch 5, PROGRAMS AND PROTECTION FOR CHILDREN…92 Ch 6, SERVICES FOR THE AGING33 Ch 9, GEORGIA VOCATIONAL REHABILITATION AGENCY28 Ch 2, DEPARTMENT OF HUMAN SERVICES26 Ch 4A, DEPARTMENT OF JUVENILE JUSTICE18 Ch 3, COUNTY AND DISTRICT DEPARTMENTS, BOA…10 Ch 7, FAMILY-PLANNING SERVICES9 Ch 1, GENERAL PROVISIONS7 Ch 8, ECONOMIC REHABILITATION SERVICES6 Ch 10, GEORGIA BOARD OF HEALTH CARE WORKFORCE6 Ch 4B, INTERSTATE COMPACT FOR JUVENILES3

92 sections·Filtered byTitle 49✕Ch 5✕

O.C.G.A. § 49-5-1 Short title
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This article shall be known and may be cited as the “Children and Youth Act.” History. Ga. L. 1963, p. 81, § 1; Ga. L. 2013, p. 141, § 49/HB 79.
O.C.G.A. § 49-5-12 Licensing and inspection of child welfare agencies; standards; revocation or refusal of license; penalties; violations
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(a) As used in this Code section, the term “child welfare agency” means any child-caring institution, child-placing agency, children’s transition care center, or maternity home. (b) All child welfare agencies shall be licensed or commissioned annually by the department in accorda…
O.C.G.A. § 49-5-12.1 Penalties for violation of child welfare agency laws and regulations
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(a) Unless otherwise provided in subsection (r) of Code Section 49-5-12, any person who violates the provisions of Code Section 49-5-12 or who hinders, obstructs, or otherwise interferes with any representative of the department in the discharge of that person’s official duties i…
O.C.G.A. § 49-5-12.2 Immunity from liability
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Any caregiver or other entity under contract with the department shall be immune from civil liability as a result of a caregiver’s approval of the participation of a child, who is in the custody of the department, in an age or developmentally appropriate activity, so long as such…

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O.C.G.A. § 49-5-12.3 Annual inspection of child welfare agency

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(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 Serv…

O.C.G.A. § 49-5-13 Private child care learning centers not required to meet federal adult-child ratio

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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. …

O.C.G.A. § 49-5-15 Notice as to child brought into state for placement or adoption; bond; certiﬁcate as to foster home; reports

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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 …

O.C.G.A. § 49-5-16 Power of department to contract; acceptance of children from federal courts for compensation

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(a) The department shall have the power and is authorized: (1) To enter into contracts with federal, state, county, and municipal governments and their agencies and departments; public and private institutions and agencies of this and other states; and individuals, as may be nece…

O.C.G.A. § 49-5-17 Power of department to accept and use gifts

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The department is authorized and empowered to receive, accept, hold, and use, on behalf of the state and for purposes provided for in this article, gifts, grants, donations, devises, and bequests of real, personal, and mixed property of every kind and description. History. Ga. L.…

O.C.G.A. § 49-5-18 Instituting or intervening in legal proceedings

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The commissioner is authorized to institute or to intervene in any legal proceedings necessary to the performance of duties and responsibilities of the department and to the enforcement of this article and provisions of policies, standards, rules, and regulations established by t…

O.C.G.A. § 49-5-19 Annual report on children and youth services

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The commissioner shall prepare and publish in print or electronically an annual report on the operations of the department and of county departments of family and children services under this article and submit it to the Governor, the board, and all interested persons, officials,…

O.C.G.A. § 49-5-2 Purpose of article

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The purpose of this article is to promote, safeguard, and protect the well-being and general welfare of children and youth of this state through a comprehensive and coordinated program of public child welfare and youth services, providing for: (1) Social services and facilities f…

O.C.G.A. § 49-5-20 Existing charters of charitable institutions

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Nothing in this article shall be deemed to revoke any charter of incorporation of any orphans’ home or charitable or benevolent institution incorporated and established under the Act of the General Assembly approved December 18, 1894 (Ga. L. 1894, p. 80), as amended by the Act of…

O.C.G.A. § 49-5-21 Penalties for aiding, harboring, or encouraging escapees or hindering their apprehension

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(a) Any person who shall knowingly aid, assist, or encourage any child or youth under the lawful control or custody of the department or of any licensed child welfare agency or home or facility used by such agency, public or private, to escape or to attempt to escape its control …

O.C.G.A. § 49-5-22 Voluntary pre-kindergarten programs to provide toilet facilities screened for privacy

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(a) The General Assembly ﬁnds that just as gender separated toileting among nonrelatives is the norm among adults, children should be allowed the same opportunity to practice modesty when independent toileting behavior is well established among the majority of their age group. St…

O.C.G.A. § 49-5-23 Obtaining information on recall notices

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(a) Any agency, department, or office that regulates child welfare agencies shall make available to such child welfare agencies at the time of application for initial or renewal certiﬁcation or licensure information concerning contacting the U.S. Consumer Product Safety Commissio…

O.C.G.A. § 49-5-24 Implementation of state-wide system for data sharing; waivers from certain federal regulations

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(a)(1) In an effort to improve the availability and quality of programs and services for the protection of children and youth, the General Assembly supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsibl…

O.C.G.A. § 49-5-25 Maternity supportive housing residences; registration; requirements

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(a)(1) On and after July 1, 2022, all maternity supportive housing residences shall register in accordance with this Code section by submitting an application to the department upon forms furnished by the department. The form furnished by the department shall require the name, ad…

O.C.G.A. § 49-5-3 Deﬁnitions

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As used in this article, the term: (1) “Age or developmentally appropriate” means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, base…

O.C.G.A. § 49-5-4 Other state departments, agencies, officers, and employees to assist department

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It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the beneﬁt of children and youths and to assist the Department of Human Services in effectuat…

O.C.G.A. § 49-5-4.1 Child welfare agency public scorecard established

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(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 Serv…

O.C.G.A. § 49-5-5 Powers and duties of board; rules and regulations for training schools and other facilities

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(a) The board shall perform duties required of it by this article and shall, in addition thereto, be responsible for adoption of all policies and promulgation of all rules and regulations not in conﬂict with this article that may be necessary and appropriate to the administration…

O.C.G.A. § 49-5-6 Merit system to conform to federal standards; power to employ and contract for professional services; employment and dismissal procedures; membership in state retirement system

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(a) The department shall conform to federal standards for a merit system of personnel administration in the respects necessary for receiving federal grants and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply …

O.C.G.A. § 49-5-7 Development and administration of public child welfare and youth services

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(a) The department is designated the exclusive state agency: (1) For development and administration of a comprehensive state plan and program providing public child welfare and youth services provided for in Title IV, Part B, of the federal Social Security Act; (2) For administer…

O.C.G.A. § 49-5-8 Powers and duties of department

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(a) The Department of Human Services is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated…

O.C.G.A. § 49-5-8.1 Short-term respite care of child in foster care; reasonable and prudent parent standard

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(a) As used in this Code section, the term: (1) “Caregiver’” means a foster parent with whom a child in foster care has been placed. (2) “Occasional” means once per week or less on varying days and not exceeding twice per month. (3) “Respite care” means occasional or short-term r…

O.C.G.A. § 49-5-9 Use of public and private institutions and agencies; inspections; examination and control of children not in department’s facilities

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(a) The department is authorized to make use of law enforcement detention, supervisory, medical, educational, and other public or private facilities, institutions, and agencies within the state for the purposes of this article; provided, however, that this shall not give the depa…

O.C.G.A. § 49-5-40 Deﬁnitions; conﬁdentiality of records; restricted access to records

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(a) As used in this article, the term: (1) “Abused” means subjected to child abuse. (2) “Child” means an individual under 18 years of age. (3) “Child abuse” means: (A) Physical injury or death inﬂicted upon a child by a parent, guardian, legal custodian, or caretaker thereof by o…

O.C.G.A. § 49-5-41 Persons and agencies permitted access to records

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(a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse: (1) Any federal, state, or local governmental entity, tribal entity, or any agency of any such entity that has a need for in…

O.C.G.A. § 49-5-41.1 Inspection and retention of records of juvenile drug use

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(a) Notwithstanding Code Section 49-5-40, all reports, ﬁles, and records of child controlled substance or marijuana abuse shall be open to inspection only upon order of the juvenile court. As used in this Code section, the term “juvenile court” means the court exercising jurisdic…

O.C.G.A. § 49-5-42 Rules and regulations

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The board may adopt rules and regulations not inconsistent with this article. History. Ga. L. 1975, p. 1135, § 4.

O.C.G.A. § 49-5-43 Article not to conﬂict with federal law or lose federal funds; duty of board

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Nothing in this article is intended to conﬂict with any provision of federal law or to result in the loss or denial of federal funds. The board shall adopt rules and regulations necessary to prevent conﬂict with federal law or the loss of federal funds. History. Ga. L. 1975, p. 1…

O.C.G.A. § 49-5-44 Penalties for unauthorized access to records; use of records in public and criminal proceedings

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(a) Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse declared conﬁdential by Code Section 49-5-40 shall be guilty of a misdemeanor. (b) Any person who knowingly and under …

O.C.G.A. § 49-5-45 Penalty for allowing unauthorized access to juvenile drug use records

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Any person who authorizes or permits any person or agency not authorized by the juvenile court pursuant to Code Section 49-5-41.1 to have access to such records concerning reports of child controlled substance or marijuana abuse declared conﬁdential by Code Section 49-5-40 shall …

O.C.G.A. § 49-5-60 Deﬁnitions

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As used in this article, the term: (1) “Center” means a child welfare agency, as deﬁned in subsection (a) of Code Section 49-5-12, which is required to be licensed or registered under Article 1 of this chapter. (2) “Conviction” means a ﬁnding or verdict of guilty or a plea of gui…

O.C.G.A. § 49-5-61 Requirement of separate license and separate director for each new facility

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An applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility. History. Code 1981, § 49-5-61, enacted by Ga. L. 1984, p. 1397, § 1; Ga. L. 1985, p. 963…

O.C.G.A. § 49-5-62 Records check application for director of new facility; preliminary records check for employees; retention of ﬁngerprints

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(a) Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a preliminary records check for each employee of such facility that is satisfactory. In lieu of such records check app…

O.C.G.A. § 49-5-63 Notice of determination; issuance of license; effect of unsatisfactory determination

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After being furnished the required records check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department’s determination as to that person’s state …

O.C.G.A. § 49-5-64 Fingerprint records check; retention

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(a) The department shall transmit to GCIC both sets of ﬁngerprints and the records search fee from each ﬁngerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of ﬁngerprints to the Federal Bureau of Investigation for a search of bureau re…

O.C.G.A. § 49-5-65 Determination on the basis of ﬁngerprint records check; revocation of license

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After receiving a Federal Bureau of Investigation report regarding a national ﬁngerprint records check under Code Section 49-5-64, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory…

O.C.G.A. § 49-5-66 Separate license and director for each center

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Each center shall be required to obtain a separate license and shall have a separate director for each center. History. Code 1981, § 49-5-66, enacted by Ga. L. 1984, p. 1397, § 1; Ga. L. 1985, p. 963, § 1; Ga. L. 1987, p. 1416, § 5; Ga. L. 1999, p. 539, § 6; Ga. L. 1999, p. 574, …

O.C.G.A. § 49-5-67 Fingerprint records check application for director of existing facility; preliminary records check for employees; annual license

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As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees, foster parents, and adults residing in a foster care home, but not including directors of centers, centers…

O.C.G.A. § 49-5-68 Change of director

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(a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional i…

O.C.G.A. § 49-5-69 Employment requirements; suspension or revocation of license or criminal penalty for violations

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(a) Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check. The center shall maintain documentation in the employee’s personnel ﬁ…

O.C.G.A. § 49-5-69.1 Fingerprint and preliminary records check for foster homes; notice of results; violations; foster parents known to have criminal records; retention of ﬁngerprints

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(a) No licensed child welfare agency, as deﬁned in subsection (a) of Code Section 49-5-12, shall place a child in a foster care home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have…

O.C.G.A. § 49-5-70 Required cooperation among state agencies; unauthorized use of criminal history record information

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(a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and ﬁngerprint records checks required under this chapter and shall provide such information so required for such records checks notwithstandi…

O.C.G.A. § 49-5-71 Immunity from liability for centers, state agencies, and employees

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(a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any disseminatio…

O.C.G.A. § 49-5-72 Supplemental nature of article’s requirements

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The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter. History. Code 1981, § 49-5-73, enacted by Ga. L. 1984, p. 1397, § 1; Code 1981, § 49-5-72, as redesignated by Ga. L. 1985, p. 963, § 1.

O.C.G.A. § 49-5-73 If either the preliminary or state or national ﬁngerprint records determination is unsatisfactory, the center shall, after receiving notiﬁcation of the determination, take such steps as are necessary

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Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a ﬁngerprint records check determination except as permitted in accordance with subsection (c) of this Code section. (b) A license is…

O.C.G.A. § 49-5-74 Administration of article

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The department is authorized to provide by regulation for the administration of this article. History. Code 1981, § 49-5-74, enacted by Ga. L. 1985, p. 963, § 1.