Title 49 — Title 49
0 chapters · 292 sections in this title.
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. § 49-5-110 Definitions
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As used in this article, the term: (1) “Conviction” means a finding or verdict of guilty or a plea of guilty. (2) “Crime” means a violation of Code Section 16-5-23 when the victim is a minor; a violation of Code Section 16-5-24 when the victim is a minor; a violation of Code Secti…
O.C.G.A. § 49-5-113 Immunity from liability; disciplinary action
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(a) Other than for a knowing and malicious release of false information, neither GCIC, 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, o…
O.C.G.A. § 49-5-114 Other laws requiring records checks
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This article shall be cumulative of and in addition to any other law requiring or permitting employees’ records checks and shall not relieve any person from any duty or requirement under such other laws. History. Code 1981, § 49-5-114, enacted by Ga. L. 1986, p. 669, § 1. 49-5-11…
O.C.G.A. § 49-5-12 Short title
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Purpose of article. Definitions. Other state departments, agencies, officers, and employees to assist department. Child welfare agency public scorecard established. Powers and duties of board; rules and regulations for training schools and other facilities. Merit system to conform…
O.C.G.A. § 49-5-12.1 Board of human services
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Duties and powers, §49-5-5. Charities. Existing charters of charitable institutions not affected, §49-5-20. Child care learning centers. Adult-child ratio. Federal adult-child ratio. Private care centers not required to meet, §49-5-13. Private centers. Adult-child ratio. Not requ…
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…
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. § 49-5-130 Legislative findings and intent
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The General Assembly finds and declares: (1) That the future of this state depends on our supporting and nurturing the creation and development of strong, safe, stable, and successful families. Therefore, the General Assembly is committed to ensuring the provision of appropriate s…
O.C.G.A. § 49-5-131 Definitions
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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 un…
O.C.G.A. § 49-5-132 Established, §49-5-132
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Executive director, §49-5-133. Federal funds. Authority to accept, §49-5-132. Intent of general assembly, §49-5-130. Legislative findings, §49-5-130. Office of child advocate. Cooperative contracts with, §49-5-133. GRANTEES. Economic rehabilitation services. Community action agenc…
O.C.G.A. § 49-5-135 Powers and duties of advisory board
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(a) The advisory board shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The advisory board shall also meet on the call of the chairperson, the director, or the Governor; (2) Maintain minutes of its meetings; (3) Adopt r…
O.C.G.A. § 49-5-15 Notification requirements
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Child brought into state for adoption. Applicability of provisions, §49-5-15. License or commission.
O.C.G.A. § 49-5-150 Legislative policy and intent
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The policy and intent of the General Assembly in delinquency and other child related problems and community based services can be summarized as follows: (1) Such programs should be planned and organized at the community level within the state, and such planning efforts should inc…
O.C.G.A. § 49-5-151 Implementation of part; duties
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It shall be the duty of the council to arrange for the implementation of this part as follows: (1) To assist local governments and private service agencies in the development of community based programs and to provide information on the availability of potential funding sources a…
O.C.G.A. § 49-5-152 Reports
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Annual report, §49-5-153. Study of youth needs, §49-5-154. Delinquent children. Juvenile justice department. Commitment to department, §49-4A-8. Youth services.
O.C.G.A. § 49-5-153 Annual report
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The council shall prepare an annual report on the progress of the community based programs of this state which shall include the most current institutional and out-of-home placement populations of children being served by the various departments of state government and which shal…
O.C.G.A. § 49-5-154 Study of youth needs
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The governing authority of each participating county shall establish a local advisory group which includes representation from each component of the local children’s services systems and other interested 328 49-5-154 PROGRAMS & PROTECTION FOR CHILDREN 49-5-155 parties. The adviso…
O.C.G.A. § 49-5-155 CRIMINAL LAW AND PROCEDURE
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Administrative services. Surplus property disposition. Violations of provisions, §50-5-146. Adoption. Placing child for adoption without license or commission, §49-5-12. CRIMINAL LAW AND PROCEDURE —Cont’d Building authority. Disruption of state employees, §50-9-9. Child abuse and…
O.C.G.A. § 49-5-156 Definitions
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Registration and form required; fee; issuance of certificate. Policies; qualified staff; proof of liability coverage. Display of registration; inspection of facilities; investigation. Registered organization not exempt. Article 8 PART 2 49-5-150. T.49, C.5 49-5-220. 49-5-221. 49-5-…
O.C.G.A. § 49-5-160 Definitions
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As used in this article, the term: (1) “Licensed” means an individual who has been licensed pursuant to Chapter 10A, 26, 34, or 39 of Title 43. (2) “Organization” means a nonprofit charitable organization 333 49-5-162 which is exempt from taxation under the provisions of Section 5…
O.C.G.A. § 49-5-161 Registration and form required; fee; issuance of certificate
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(a) On and after July 1, 2011, all organizations shall register under this Code section by submitting a form to the department, upon forms furnished by the department. The form shall require the name, address, and telephone number of the organization and emergency contact informa…
O.C.G.A. § 49-5-162 Policies; qualified staff; proof of liability coverage
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(a) The department shall require organizations to have reasonable: 334 49-5-162 PROGRAMS & PROTECTION FOR CHILDREN 49-5-163 (1) Written policies and procedures for admission, intake, and record keeping; (2) Written policies regarding treatment and referrals for mental, physical, …
O.C.G.A. § 49-5-163 Display of registration; inspection of facilities; investigation
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(a) A registered organization shall prominently display its registration at some location near the entrance of the premises of such organization that is open to view by the public. (b) The department shall be given the right to periodically inspect the facilities of registered or…
O.C.G.A. § 49-5-164 Registered organization not exempt
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Nothing in this article shall be construed to exempt a registered organization from the requirements of Code Section 49-5-12 for minors who are present with a service provider longer than 72 hours after the minor has accepted services. History. Code 1981, § 49-5-164, enacted by G…
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. § 49-5-221 Definitions
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As used in this article, the term: (1) “Annual report” means the report prepared by the commissioner of the Department of Behavioral Health and Developmental Disabilities for print or electronic publication and dissemination that includes: the jointly developed State Plan for the…
O.C.G.A. § 49-5-222 Guiding principles for coordinated system of care
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The following ideals shall be the guiding principles for the coordinated system of care: (1) Services shall be child and family centered and give priority to keeping children with their families. Families shall be fully involved in all aspects of planning and delivery of services…
O.C.G.A. § 49-5-223 Developing and updating plan; requirements; information to be collected
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(a) The State Plan for the Coordinated System of Care shall be based upon the projected need for services for a five-year period. The plan shall: (1) Be based upon the principles delineated in Code Section 49-5-222; (2) Be based on a case management system with assigned case manag…
O.C.G.A. § 49-5-224 Annual report
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The commissioner of behavioral health and developmental disabilities shall submit an annual report to the House and Senate Appropriations Committees, the House Education Committee, the Senate Education and Youth Committee, the House Health and Human Services Committee, the Senate…
O.C.G.A. § 49-5-225 Local interagency committees; membership; duties
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(a) At least one local interagency committee shall be established for each region of the Department of Behavioral Health and Developmental Disabilities whose permanent membership shall include a local representative from each of the following: (1) The community mental health agen…
O.C.G.A. § 49-5-226 Reports
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Commissioner of behavioral health and developmental disabilities. Annual reports, §49-5-224. State plan, §49-5-220. Comment, §49-5-227. Contents, §49-5-223. Defined, §49-5-221. Implementation date, §49-5-223. Updating, §49-5-223. Criminal history records checks. Persons supervisin…
O.C.G.A. § 49-5-227 Exploitation
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Department of human services. Services to victims or persons at risk of becoming victims, §49-5-8. Georgia mentoring program, §49-5-156. Governor’s office for children and families, §§49-5-130 to 49-5-135. Immunity. Record checks for persons supervising children, §49-5-113. Kinsh…
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 Licensing and inspection, §49-5-12
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Separate license for each facility, §§49-5-61, 49-5-66. Needy or dependent children. Right to receive after license or commission, §49-5-12. Recall notices on unsafe child and infant products. Agencies to make available, posting phone number and website of U.S. consumer product s…
O.C.G.A. § 49-5-25 Actions
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Commissioner of human services. Instituting or intervening in legal proceedings, §49-5-18. Adoption. Child brought into state for placement or adoption, §49-5-15. Department of human services. Powers and duties as to adoption services, §49-5-8. Appropriations. Funding of costs of…
O.C.G.A. § 49-5-270 Short title
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This article shall be known and may be cited as the “PeachCare for Kids Act.” History. Code 1981, § 49-5-270, enacted by Ga. L. 1998, p. 623, § 1. 49-5-271. Legislative findings.
O.C.G.A. § 49-5-271 Legislative findings
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The General Assembly finds and declares that a large proportion of 346 49-5-271 PROGRAMS & PROTECTION FOR CHILDREN 49-5-273 school-aged children in Georgia do not currently have access to adequate medical treatment and, further, that this lack of access can hinder a child’s abilit…
O.C.G.A. § 49-5-272 Definitions
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As used in this article, the term: (1) “Board” means the Board of Community Health. (2) “Department” means the Department of Community Health. (3) “Federal law” means Title XXI of the federal Social Security Act. (4) “Medicaid” means medical assistance provided under Article 7 of…
O.C.G.A. § 49-5-273 Creation of program; eligibility; payments; enrollment; agency cooperation
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(a) There is created the PeachCare for Kids Program to provide health care benefits for children in families with income below 235 percent of the federal poverty level. Children from birth through 18 years of age in families with family incomes below 235 percent of the federal pov…
O.C.G.A. § 49-5-280 Short title
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This article shall be known and may be cited as the “Foster Parents Bill of Rights.” History. Code 1981, § 49-5-280, enacted by Ga. L. 2004, p. 157, § 1. 350 49-5-280 PROGRAMS & PROTECTION FOR CHILDREN 49-5-281
O.C.G.A. § 49-5-281 Bill of rights for foster parents; grievances for violations
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(a) The General Assembly finds that foster parents providing care for children who are in the custody of the Department of Human Services play an integral, indispensable, and vital role in the state’s effort to care for dependent children displaced from their homes. The General As…
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. § 49-5-4.1 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. § 49-5-40 Child-caring institution
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Youth services, §49-5-3. Child in care. Emergency protection of children in certain institutions, §49-5-90. Child in need of services. Juvenile justice, §49-4A-1. Child or adolescent with a severe emotional disturbance, §49-5-221. Child-placing agency. Youth services, §49-5-3. Ch…
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…