Title 49 — Title 49
0 chapters · 292 sections in this title.
O.C.G.A. § 49-5-44 Definitions, §49-5-40
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Rules and regulations. Records. Confidentiality, §49-5-42. Schools and education. Duties of entity receiving report of abuse from school employee, §49-5-41. Notification to school as to results of investigation, §49-5-41. CHILD CARE —Cont’d Inspection warrants for residential child…
O.C.G.A. § 49-5-45 Unauthorized access, §49-5-44
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Child welfare agencies. Operation without license or commission, §49-5-12. Violations of laws and regulations, §49-5-12.1. Day-care centers.
O.C.G.A. § 49-5-46 Children and youth services
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Employees’ records checks for day-care centers. Immunity from liability for centers. State agencies and employees, §49-5-72. Employees’ records checks for day-care centers. Immunity from liability for centers, state agencies and employees, §49-5-71. 936 INDEX LIENS —Cont’d Vocati…
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. § 49-5-62 CHILDBIRTH
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Children and youth act generally, §§49-5-1 to 49-5-25. CHILD CARE. Children and youth act, §§49-5-1 to 49-5-25. Foster care.
O.C.G.A. § 49-5-63 Misdemeanors
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Employment requirements. Violations, §49-5-69. Foster parents known to have criminal records. Use, §49-5-69.1. CHILD-PLACING AGENCIES —Cont’d Criminal records checks —Cont’d Employees —Cont’d Mitigation of conviction. Consideration of matters in mitigation, §49-5-73. Preliminary …
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 Foster care homes
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Fingerprint records check and preliminary records check for, §49-5-69.1. Foster parents.
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 Fines
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Unauthorized use of criminal history record information, §49-5-70. Fingerprinting, §49-5-64.
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. § 49-5-69.1 Immunity, §49-5-71
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Issuance of license. Preliminary records check determination satisfactory, §49-5-63. Misdemeanors.
O.C.G.A. § 49-5-7 Removal of members, §49-2-2
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Sales to institutions by members prohibited, §49-1-4. Transfer of functions from other boards and commissions, §49-2-3. Vacancies, §49-2-2. Child care licensing. Inspection warrants for residential child care licensing, §§49-2-20 to 49-2-25. Commissioner of human services, §49-2-…
O.C.G.A. § 49-5-70 Revocation of suspension of license
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Fingerprinting. Determination on basis of, §49-5-65. CHILD-CARING INSTITUTIONS —Cont’d Criminal records checks —Cont’d Employees —Cont’d Revocation or suspension of license. Employment requirements. Violations, §49-5-69. Supplemental nature of requirements, §49-5-72. Owners, §49-…
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. Editor’s notes. Ga. L.…
O.C.G.A. § 49-5-74 Definition of department, §49-1-1
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Public assistance, §49-4-2. Department of human resources. Successor-in-interest to rights, duties and obligations of former department of human resources, §49-2-2.1. Transfer of powers, functions, and duties from department of human resources, §49-2-1. Disciplinary actions again…
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, 246 49-5-8 PROGRAMS & PROTECTION FOR CHILDREN 49-5-8 extend, and improve througho…
O.C.G.A. § 49-5-9 INJUNCTIONS
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Child care. Residential child care licensing, inspection warrants. Violations of provisions, §49-2-25. Child welfare agencies. Operating without license, §49-5-12. INJURIES. Georgia film and television trail. Injuries to persons sightseeing without permission. Immunity from liabil…
O.C.G.A. § 49-5-90 Definitions
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As used in this article, the term: (1) “Child in care” means any person under the age of 17 years who has been admitted to, is cared for, or resides in a facility. (2) “Commissioner” means the commissioner of human services or his designee. (3) “Corrective order” means an order b…
O.C.G.A. § 49-5-91 Emergency orders; corrective orders; monitors
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(a) Emergency orders may be issued by the commissioner or his designee pursuant to findings by the department pursuant to surveys, inspections, or investigations, which are required or permitted by law, that departmental rules and regulations are being violated which threaten the …
O.C.G.A. § 49-5-92 Preliminary hearing; department order; interim department actions
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(a) A request for a preliminary hearing shall be made in writing within five days from the time of service, excepting weekends. The request must be made to the representative of the department designated in the order. Unless a request is made to appear in person, the preliminary h…
O.C.G.A. § 49-6-1 Purpose of article
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(a) The constantly increasing proportion of older people within the population of this state and the increasing gravity of the human distress and the loss accruing to the entire society as a result of the limitations and disadvantages confronting older people in maintaining their…
O.C.G.A. § 49-6-20 Georgia state games commission
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Appointment of members, §50-12-43. Small business assistance advisory council. Appointment of members, §50-5-123. Report to president, §50-5-124.
O.C.G.A. § 49-6-21 Duties and powers of council
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The Council on Aging shall serve in an advisory capacity to the Governor, the General Assembly, the board, the department, and all 361 49-6-40 other state agencies in matters relating to the elderly. In particular, the council shall: (1) Make recommendations concerning the establ…
O.C.G.A. § 49-6-22 Staff and facilities; expenses of councilmembers
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The Council on Aging shall be provided with staff personnel, office facilities, and other necessary items by the department. Each member of the council shall be reimbursed for actual expenses incurred in the performance of his duties from funds available to the department. Histor…
O.C.G.A. § 49-6-3 Powers of department
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Without limiting the foregoing, the department is authorized to: (1) Promote the health of and medical services for the aging in working with professional associations, hospitals, and institutions; (2) Promote the rehabilitation of incapacitated older persons; (3) Establish a sta…
O.C.G.A. § 49-6-5 Creation of the Division of Aging Services within department
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The Division of Aging Services, administratively established previously within the department, is statutorily established. The Division of Aging Services established by this Code section shall have those functions, duties, powers, and responsibilities heretofore assigned by the b…
O.C.G.A. § 49-6-6 Annual report
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It shall be the duty of the department to submit an annual report to the Governor and to notify the General Assembly of such report on or before January 1 of each year, setting forth the results of its studies, accomplishments, and recommendations, if any, for legislation. The de…
O.C.G.A. § 49-6-60 Legislative intent
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The purpose of this article is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various communi…
O.C.G.A. § 49-6-61 Definitions
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As used in this article, the term: (1) “Department” means the Department of Community Health. (2) “Division” means the organizational unit within the Department of Community Health responsible for the administration of the “Georgia Medical Assistance Act of 1977.” (3) “Functional…
O.C.G.A. § 49-6-62 Short title
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Purpose. Definitions. Eligibility for benefits; contracts; identification of services. Provision of services; reimbursement of caregivers; maximum amounts available. Entitlements not created. Displacement of other programs prohibited. Rules and regulations. Article 7 Article 3 49-6-…
O.C.G.A. § 49-6-64 Adoption of rules and regulations
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The department shall adopt rules and regulations necessary to implement the provisions of this article. History. Code 1933, § 88-1905D, enacted by Ga. L. 1982, p. 2248, § 1; Code 1981, § 49-6- 64, enacted by Ga. L. 1982, p. 2248, § 4; Ga. L. 1983, p. 3, § 38. ARTICLE 6 GEORGIA FA…
O.C.G.A. § 49-6-7 Funds for expenses
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All expenses incurred in administering and carrying this article into effect shall be paid out of funds appropriated by the General Assembly for that purpose or out of such other funds as may be made available. History. Ga. L. 1962, p. 604, § 13. 360 T.49, C.6, A.2 SERVICES FOR T…
O.C.G.A. § 49-6-70 Short title
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This article shall be known and may be cited as the “Georgia Family Caregiver Support Act.” History. Code 1981, § 49-6-70, enacted by Ga. L. 1994, p. 455, § 1. 49-6-71. Purpose.
O.C.G.A. § 49-6-71 Purpose
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The purpose of this article shall be to establish a comprehensive caregiver program which will marshal and integrate available resources and services to provide support and services to caregivers of chronically dependent adults. This article exists to coordinate assistance and ma…
O.C.G.A. § 49-6-72 Definitions
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As used in this article, the term: (1) “Adult” means a person 18 years of age or older residing within the State of Georgia who is a functionally dependent older adult or who is suffering from dementia, such as Alzheimer’s disease. (2) “Area agency on aging” means the single loca…
O.C.G.A. § 49-6-73 Eligibility for benefits; contracts; identification of services
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(a) The persons to be served under this article are primary caregivers who provide continuous care to a functionally dependent older adult or other adult suffering from dementia, such as Alzheimer’s disease. 372 49-6-74 (b) The department shall develop operating procedures and gu…
O.C.G.A. § 49-6-75 Entitlements not created
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Nothing in this article creates or provides any individual with an entitlement to services, equipment, and supplies or benefits which will be made available only to the extent of the availability and level of appropriations made by the General Assembly. History. Code 1981, § 49-6-…
O.C.G.A. § 49-6-76 Eligibility for benefits, §49-6-73
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Entitlements, §49-6-75. Functionally dependent older adult. Defined, §49-6-72. FAMILY CAREGIVER SUPPORT —Cont’d Home modification. Defined, §49-6-72. Household income. Defined, §49-6-72. Identification of services, §49-6-73. Income. Defined, §49-6-72. Interpretation and construction. D…
O.C.G.A. § 49-6-77 Adult
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Defined, §49-6-72. Area agency on aging. Defined, §49-6-72. Availability of benefits, §49-6-75. Caregiver reimbursement, §49-6-74. Citation of act, §49-6-70. Definitions, §49-6-72. Dementia. Defined, §49-6-72. Displacement of other programs, §49-6-76. Eligibility for benefits, §49-6-73…
O.C.G.A. § 49-6-80 Short title
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This article shall be known and may be cited as the “Adult Day Center for Aging Adults Licensure Act.” History. Code 1981, § 49-6-80, enacted by Ga. L. 2003, p. 298, § 1. 49-6-81. Legislative intent.
O.C.G.A. § 49-6-81 Legislative intent
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The intent of the General Assembly is to promote, safeguard, and protect the well-being of adults participating in adult day care or adult day health services by authorizing, promoting, and supporting licensure regulations for adult day care and adult day health services provider…
O.C.G.A. § 49-6-82 Definitions
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As used in this article, the term: (1) “Adult day care” means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in 375 49-6-82 paragraph (9) of this Code section…
O.C.G.A. § 49-6-83 License required; nontransferable
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No person, business entity, corporation, or association, whether operated for profit or not for profit, shall operate an adult day center without first obtaining a license or a provisional license from the department. A license issued under this article shall not be assignable or tr…
O.C.G.A. § 49-6-85 Periodic inspection by department; exemptions
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An adult day center for which an application for a license has been submitted or to which a license has been issued shall be inspected by the department periodically and as determined necessary to monitor such center’s compliance with applicable laws and regulations; provided, ho…
O.C.G.A. § 49-6-86 Fees
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The department shall be authorized to charge reasonable application fees, license fees, renewal fees, or other similar fees relating to the licensure of adult day centers in an amount established by the board pursuant to rules and regulations. The board shall take into considerat…
O.C.G.A. § 49-6-90 Mobilization for state response to Alzheimer’s and dementia patients; intent
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The General Assembly having declared that Alzheimer’s disease and related dementias is a looming state and national public health crisis and having found that it is in the best interest of the state and its citizenry to address this issue created a Georgia Alzheimer’s and Related…
O.C.G.A. § 49-6-91 Definitions
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As used in this article, the term: (1) “Advisory council” means the Georgia Alzheimer’s and Related Dementias State Plan Advisory Council as created and authorized by this article. (2) “Alzheimer’s” means having characteristics of Alzheimer’s disease, a progressive and degenerati…
O.C.G.A. § 49-6-92 Advisory council
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Chair and vice chair, §49-6-92. Composition, §49-6-92. Defined, §49-6-91. Duties, §49-6-92. Established, §49-6-92. Meetings, §49-6-92. Reports to governor, §49-6-92. Role of council, §49-6-92. Terms of members, §49-6-92. Work groups. Service of members in work groups, §49-6-92. Co…
O.C.G.A. § 49-7-1 Short title
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This chapter shall be known and may be cited as the “FamilyPlanning Services Act.” History. Ga. L. 1966, p. 228, § 1.