Title 49 — Title 49
0 chapters · 292 sections in this title.
O.C.G.A. § 49-1-1 Definitions
1.1K chars
As used in this title, the term: (1) “Board” means the Board of Human Services. (2) “Commissioner” means the commissioner of human services. (3) “County board” means a county or district board of family and children services. (4) “County department” means a county or district dep…
O.C.G.A. § 49-1-2 Status
1.3K chars
Institution of state, §49-2-5. Successor-in-interest to rights, duties and obligations of former department of human resources, §49-2-2.1. Suspension and removal of employee or official by governor, §49-1-5. Transfer of functions, duties and authority from other state agencies, §…
O.C.G.A. § 49-1-4 Sales by administrators to institutions prohibited
3.4K chars
No individual, supervisor, or member of the Board of Human Services or the county or district boards of family and children services having to do with the administration of this title shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any…
O.C.G.A. § 49-1-5 Definitions, §49-1-1
0.1K chars
Aid to the blind, §49-4-51. Aid to the disabled, §49-4-80. Medicaid, §§49-4-141, 49-4-146.1, 49-4-146.3. Old-age assistance, §49-4-31.
O.C.G.A. § 49-1-6 Transfer of assets of nonprofit corporation to department
8.7K chars
(a) Any charitable or nonprofit corporation which has been granted a charter or articles of incorporation under the laws of this state may transfer all or a part of its assets to the department upon such terms as may be agreed upon between such corporation and the department, prov…
O.C.G.A. § 49-1-8 Religious faith
2.1K chars
Placing child with persons of same faith. Duty of child-placing agencies, §49-5-12. Short-term babysitting of child in foster care, §49-5-8.1. 919 INDEX FOSTER CARE —Cont’d Welfare. Kinship caregivers. Website access to social services specific to kinship caregivers and the childr…
O.C.G.A. § 49-1-9 Redesignated
2.6K chars
Editor’s notes. Ga. L. 2009, p. 453, § 2-1/HB 228, effective July 1, 2009, redesignated former Code Section 49-1-9 as present Code Section 49-1-7. 8 T.49, C.2 DEPARTMENT OF HUMAN SERVICES T.49, C.2 CHAPTER 2 DEPARTMENT OF HUMAN SERVICES Sec. Article 1 General Provisions Sec. 49-2…
O.C.G.A. § 49-2-1 Welfare
0.9K chars
Website access to social services specific to kinship caregivers and the children in their care, §49-1-8. KNIVES. Juvenile justice. Guard lines, crossing with prohibited items, §49-4A-16. Possession of prohibited items by juvenile detainee, §49-4A-18. L LABOR AND INDUSTRIAL RELATI…
O.C.G.A. § 49-2-12 WHITE-TAILED DEER
0.4K chars
State mammal designation, §50-3-87. WILDLIFE SANCTUARIES. Acquisition of state lands by the United States, §50-2-25. WIRELESS COMMUNICATIONS. Juvenile justice. Possession of prohibited items by juvenile detainee, §49-4A-18. WITNESSES. State auditor. Powers as to witnesses, §50-6-…
O.C.G.A. § 49-2-13 Plan for programs of department
0.4K chars
Development and revision, §49-2-12. 984 INDEX TRANSPORTATION DEPARTMENT. Georgia film and television trail. Placing of signage, §50-7-115. Signs, development, §50-7-113. URINALYSIS —Cont’d Temporary assistance for needy families. Drug testing of applicants, §49-4-193. TREBLE DAMAG…
O.C.G.A. § 49-2-13.1 Editor’s notes
0.9K chars
— Ga. L. 1981, p. 1469, set forth a resolution as to enactment, adoption, and promulgation of ordinances and resolutions by political subdivisions ‘‘with a view towards making it as easy as possible for handicapped persons to live in a manner similar to other citizens of this sta…
O.C.G.A. § 49-2-14 Record search for conviction data on prospective employees
8.3K chars
(a) As used in this Code section, the term “conviction data” means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receiv…
O.C.G.A. § 49-2-14.1 Records check requirement for licensing certain facilities
10.2K chars
(a) As used in this Code section, the term: (1) “Conviction” means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) “Crime” means commission of the following offenses: (A) A violation of Code Section 16-5-1; …
O.C.G.A. § 49-2-15 Service of process against department
1.3K chars
When any action is brought against the Department of Human Services, the Board of Human Services, the commissioner of human services, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such actio…
O.C.G.A. § 49-2-17 Georgia film and television trail
0.9K chars
Injuries to persons sightseeing without permission. Immunity from liability, §50-7-116. Minors. Record checks for persons supervising children, §49-5-113. HUMAN TRAFFICKING. Department of human services. Services to victims or persons at risk of becoming victims, §49-5-8. INCOME …
O.C.G.A. § 49-2-19 DFCS State Advisory Board; membership; duties; officers and committees
3.2K chars
(a) There is established the DFCS State Advisory Board which shall consist of 20 members appointed by the Governor as follows: (1) One representative from each of the 15 DFCS regions; and (2) Five members who are either state legislators or representatives from the fields of: (A) …
O.C.G.A. § 49-2-2 Board created; membership; appointment; terms; removal
2.3K chars
(a) There is created a Board of Human Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Services created by Code Section 49-2-1. The powers, functions, and duties of the Board of Human Resources as they existed on Jun…
O.C.G.A. § 49-2-2.1 Department is successor-in-interest to former Department of Human Resources
4.5K chars
(a) The Department of Human Services shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the…
O.C.G.A. § 49-2-20 Definitions
0.5K chars
As used in this article, the term: (1) “Inspection warrant” means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a residential child care licensing law. (2) “Residential child care…
O.C.G.A. § 49-2-22 Procedure for issuance of inspection warrants
0.8K chars
(a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met: (1) The one seekin…
O.C.G.A. § 49-2-24 Evidence generated inadmissible in criminal proceedings
0.3K chars
No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this article shall be competent as evidence in any criminal proceeding against any party. History. Code 1981, § 49-2-24, enacted by Ga. L. 2009, p. 453,…
O.C.G.A. § 49-2-25 Inspection warrants
0.6K chars
Child care licensing. Inspection warrants for residential child care licensing, §§49-2-20 to 49-2-25. WARRANTS FOR PAYMENT OF MONEY. State treasurer. State government expenses to be paid by governor’s warrant drawn on appropriations, §50-5A-8. WEAPONS. Juvenile justice. Guard lin…
O.C.G.A. § 49-2-4 Divisions; allocation of functions
1.1K chars
There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department. History. Ga. L. 1937, p. 355, § 7; Ga. L. 1960, p. …
O.C.G.A. § 49-2-6 Powers and duties
3.1K chars
(a) The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title. (b) The department shall: (1) Administer or supervise: (A) All categories of public assistance established under Code Section 49-4-3; (B) The operation of …
O.C.G.A. § 49-2-7 Public assistance
0.3K chars
Categories of public assistance. Establishment, §49-4-3. Definition of department, §49-4-2. Duties, §49-4-3. Powers, §§49-4-3, 49-4-16. Review of decisions of county departments, §49-4-12. Social assistance register, §49-4-19. Rules and regulations. County departments. Compliance …
O.C.G.A. § 49-2-9 Powers in administering and disbursing funds
0.7K chars
In administering any funds appropriated or made available to the department for welfare purposes, the department shall have the power: (1) To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; and…
O.C.G.A. § 49-3-3 County director; appointment; bond
0.8K chars
(a) Each county board of family and children services shall recommend to the commissioner of human services one or more names for appointment to the position of county director. The commissioner is designated as the appointing authority for the department and may accept or reject…
O.C.G.A. § 49-3-3.1 Annual report; personal appearance
1.9K chars
(a) The county director of the department of family and children services of each county shall provide an annual report no later than December 31 of each year, beginning in the year 2000, to the county board, county commission, and the director of the Division of Family and Child…
O.C.G.A. § 49-3-5 Powers and duties of county director
0.6K chars
The county director shall be the executive and administrative officer of the county department, shall be responsible for operations and personnel, and shall serve as the secretary of the county board. He shall prepare and submit to the county board for its approval an annual budg…
O.C.G.A. § 49-3-6 Functions of county department
2.1K chars
(a) The primary purpose of county departments shall be to protect children. To achieve this primary purpose, the county departments shall, in accordance with rules and regulations of the Division of Family and Children Services of the department: (1) Investigate reports of abuse …
O.C.G.A. § 49-3-7 Removal of county director for falsification of qualifications
1.3K chars
The State Personnel Board and the Department of Administrative Services shall remove from office any county director who has falsified any statement relating to his or her education, social welfare service, or other qualification, in any particular, whether material or immaterial. …
O.C.G.A. § 49-3-8 Destruction of county departmental records
2.0K chars
Any county department of family and children services, at the discretion of the county director, may destroy public assistance case records which have been inactive for three years or more, as well as related statistical and financial forms and reports. A record must be retained b…
O.C.G.A. § 49-4-1 Social assistance register, §49-4-19
0.4K chars
Social security. Public assistance. Provisions construed with federal social security act, §49-4-18. Subpoenas. Financial records. Alleged fraud, §49-4-15.1. Temporary assistance for needy families, §§49-4-180 to 49-4-193. Transportation. Elderly and disabled persons, §49-1-7. Fi…
O.C.G.A. § 49-4-10 Physical examination of applicant
0.8K chars
With respect to applicants for any category of public assistance authorized under Code Section 49-4-3, the department may require physical examinations of any applicant and may require the results thereof to be recorded by the examining physician on a form furnished by the depart…
O.C.G.A. § 49-4-11 Award and payment of public assistance
0.9K chars
(a) Upon the completion of the investigation under Code Section 49-4-9, the county department shall decide whether the applicant is eligible for assistance under this article and determine, in accordance with the rules and regulations of the Board of Human Services, the amount an…
O.C.G.A. § 49-4-13 Hearings; appeal
1.6K chars
(a) Except as provided in subsection (b) of this Code section, an applicant for or recipient of public assistance who is aggrieved by the action or inaction of the department, including any county department of family and children services, shall be entitled to a hearing. Each ap…
O.C.G.A. § 49-4-14 Regulations as to records; use or disclosure of information; penalty
7.5K chars
(a) The board is directed to prescribe regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Department of Human Services, including the county departments, relating to public assistance. Except as otherwise provided in t…
O.C.G.A. § 49-4-140 Short title
0.1K chars
The short title for this article shall be the “Georgia Medical Assistance Act of 1977.” History. Ga. L. 1977, p. 384, § 2.
O.C.G.A. § 49-4-141 Definitions
2.7K chars
As used in this article, the term: (1) “Applicant for medical assistance” means a person who has made application for certification as being eligible, generally, to have medical assistance paid in his or her behalf pursuant to the state plan and whose application has not been acte…
O.C.G.A. § 49-4-142.1 Legislative notification of request for waiver
0.9K chars
On and after May 3, 2006, neither the department, the board, nor any other representative of the state shall submit any request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the 95 …
O.C.G.A. § 49-4-142.2 COUNTY TAX COLLECTORS
0.4K chars
Credit card payment, §50-1-6. Payment of taxes. Credit card payment, §50-1-6. COSTS. Medicaid, false claims. Actions by private person, §49-4-168.2. Civil penalties, §49-4-168.1. COUNTY TAX RECEIVERS. Credit card payment, §50-1-6. Payment of taxes. Credit card payment, §50-1-6. C…
O.C.G.A. § 49-4-142.5 Waiver request allowing Medicaid reimbursement
0.7K chars
(a) No later than December 31, 2022, the department shall submit a waiver request to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to authorize private institutions for mental disease (IMDs) to qualify for Medicaid rei…
O.C.G.A. § 49-4-143 Power of Board of Community Health; Board of Medical Assistance abolished
0.5K chars
The Board of Community Health established under Chapter 2 of Title 31 is empowered to establish the general policy to be followed by the department. The Board of Medical Assistance which existed June 30, 1999, is abolished July 1, 1999, and no person shall be appointed to such bo…
O.C.G.A. § 49-4-144 Chief administrative officer; powers and duties
1.3K chars
The commissioner of community health established under Chapter 2 of Title 31 shall be the chief administrative officer of the department and, subject to the general policy established by the board, shall supervise, direct, account for, organize, plan, administer, and execute the …
O.C.G.A. § 49-4-146 Time for action on claim
0.2K chars
The Department of Community Health, within three months of receiving a claim submitted on or after July 1, 1978, shall pay or deny the claim. History. Ga. L. 1977, p. 384, § 15A; Ga. L. 1999, p. 296, § 24.
O.C.G.A. § 49-4-146.3 Medical assistance, §49-4-141
0.3K chars
Medical institutions. Aid to the blind, §49-4-51. Aid to the disabled, §49-4-80. Old-age assistance, §49-4-31. Medically necessary services. Therapy services for children with disabilities, §49-4-169.1. Medical model. Licenses for adult day care centers, §49-6-82. Members at larg…
O.C.G.A. § 49-4-147 Audits
1.0K chars
Obtaining information for audit, §49-4-151. Biomarker testing for Medicaid recipients, §49-4-159.3. Board of community health. Compensation of members, §49-4-143. Creation, §49-4-143. Definition of board, §49-4-141. Members, §49-4-143. Quorum, §49-4-143. Records. Regulations as to…
O.C.G.A. § 49-4-147.2 Duties, §49-4-154
0.1K chars
Family supplementation of medicaid payments. Submission of plan upon federal removal of restrictions, §49-4-149.1. Interest.
O.C.G.A. § 49-4-148 Health care coverage pilot projects
0.5K chars
Authority to establish, §49-4-152. Home and community based services. Rates for provider reimbursement for home and community based services covered by certain programs. Comprehensive review, §49-4-142.4. Development of proposed rate models, §49-4-142.4. 941 INDEX MEDICAID —Cont’…
O.C.G.A. § 49-4-149 Interest
1.6K chars
Department of community health. Noneligibility to obtain or be liable for certain interest, §49-4-147.2. Interpretation and construction. Federal social security act. Construction of provisions with federal act, §49-4-157. Investigations. Department of community health. Violation…