O.C.G.A. § 49-5-135 — GA Code / Title 49 / Chapter 5 / Section 49-5-135
Georgia Code Title 49. Social Services § 49-5-135
Status: in_force

(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 rules and regulations for the transaction of its business; (4) In consultation with the office, establish criteria for determining eligibility for receipt of disbursements from the fund; (5) Review applications for disbursements of available money from the fund for child abuse and neglect prevention purposes; (6) In consultation with the office, administer federal assistance funds for the purposes mentioned in this article, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act; (7) Maintain records of all expenditures of the funds received as gifts and donations, and disbursements made, from the fund and from other state and federal funds; (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50; (9) Using the combined expertise and experience of its members, provide regular advice and counsel to the director to enable the office to carry out its statutory duties under this article; and (10) Carry out such duties of the office as may be required by federal law or regulation so as to enable the state to receive and disburse federal funds for child abuse prevention and treatment and juvenile delinquency prevention and treatment.

(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;

(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;

(2) Maintain minutes of its meetings;

(3) Adopt rules and regulations for the transaction of its business;

(3) Adopt rules and regulations for the transaction of its business;

(4) In consultation with the office, establish criteria for determining eligibility for receipt of disbursements from the fund;

(4) In consultation with the office, establish criteria for determining eligibility for receipt of disbursements from the fund;

(5) Review applications for disbursements of available money from the fund for child abuse and neglect prevention purposes;

(5) Review applications for disbursements of available money from the fund for child abuse and neglect prevention purposes;

(6) In consultation with the office, administer federal assistance funds for the purposes mentioned in this article, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act;

(6) In consultation with the office, administer federal assistance funds for the purposes mentioned in this article, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act;

(7) Maintain records of all expenditures of the funds received as gifts and donations, and disbursements made, from the fund and from other state and federal funds;

(7) Maintain records of all expenditures of the funds received as gifts and donations, and disbursements made, from the fund and from other state and federal funds;

(8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50;

(8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50;

(9) Using the combined expertise and experience of its members, provide regular advice and counsel to the director to enable the office to carry out its statutory duties under this article; and

(9) Using the combined expertise and experience of its members, provide regular advice and counsel to the director to enable the office to carry out its statutory duties under this article; and

(10) Carry out such duties of the office as may be required by federal law or regulation so as to enable the state to receive and disburse federal funds for child abuse prevention and treatment and juvenile delinquency prevention and treatment.

(10) Carry out such duties of the office as may be required by federal law or regulation so as to enable the state to receive and disburse federal funds for child abuse prevention and treatment and juvenile delinquency prevention and treatment.

(b) The advisory board may make timely recommendations to the director of the Division of Family and Children Services of the Department of Human Services regarding the disbursement of available money from the State Children's Trust Fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the office exclusively to fund a private nonprofit or public organization in the development or operation of a prevention program if all of the following conditions are met: (1) The organization demonstrates broad based community involvement emphasizing volunteer efforts and demonstrates expertise in child abuse prevention issues; (2) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and (3) Other conditions that the board may deem appropriate.

(b) The advisory board may make timely recommendations to the director of the Division of Family and Children Services of the Department of Human Services regarding the disbursement of available money from the State Children's Trust Fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the office exclusively to fund a private nonprofit or public organization in the development or operation of a prevention program if all of the following conditions are met:

(1) The organization demonstrates broad based community involvement emphasizing volunteer efforts and demonstrates expertise in child abuse prevention issues;

(1) The organization demonstrates broad based community involvement emphasizing volunteer efforts and demonstrates expertise in child abuse prevention issues;

(2) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and

(2) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and

(3) Other conditions that the board may deem appropriate.

(3) Other conditions that the board may deem appropriate.
O.C.G.A. § 49-4-55 — GA Code / Title 49 / Chapter 4 / Section 49-4-55
Georgia Code Title 49. Social Services § 49-4-55
Status: in_force

No application for assistance under this article shall be approved until the applicant has been examined by an ophthalmologist or optometrist designated or approved by the department to make such examinations. The examining ophthalmologist or optometrist shall certify the findings of the examination in writing upon forms provided by the department.
O.C.G.A. § 49-9-53 — GA Code / Title 49 / Chapter 9 / Section 49-9-53
Georgia Code Title 49. Social Services § 49-9-53
Status: in_force

The council shall have the following powers, duties, and responsibilities to:

(1) Develop an Employment First training plan for providers of services to individuals with disabilities;

(1) Develop an Employment First training plan for providers of services to individuals with disabilities;

(2) Coordinate and conduct with other state, federal, and private entities, as appropriate, educational activities to increase awareness of the Employment First Policy;

(2) Coordinate and conduct with other state, federal, and private entities, as appropriate, educational activities to increase awareness of the Employment First Policy;

(3) Evaluate the funding mechanism for services in the state for individuals with disabilities and for students attending inclusive postsecondary institutions;

(3) Evaluate the funding mechanism for services in the state for individuals with disabilities and for students attending inclusive postsecondary institutions;

(4) Review and make recommendations in a biannual report to the Governor and the General Assembly with regard to issues and necessary steps surrounding the adoption and implementation of the Employment First Policy, including, but not limited to, the following: (A) Proposed legislative or administrative changes to policies and programs that are integral to the full implementations of the Employment First Policy; (B) Proposed changes to or creation of funding mechanisms and other initiatives for services in the state for individuals with disabilities and for students attending inclusive postsecondary institutions; and (C) State-wide best practices to ensure that providers of services are facilitating competitive integrated employment in the workforce; and

(4) Review and make recommendations in a biannual report to the Governor and the General Assembly with regard to issues and necessary steps surrounding the adoption and implementation of the Employment First Policy, including, but not limited to, the following:

(A) Proposed legislative or administrative changes to policies and programs that are integral to the full implementations of the Employment First Policy;

(A) Proposed legislative or administrative changes to policies and programs that are integral to the full implementations of the Employment First Policy;

(B) Proposed changes to or creation of funding mechanisms and other initiatives for services in the state for individuals with disabilities and for students attending inclusive postsecondary institutions; and

(B) Proposed changes to or creation of funding mechanisms and other initiatives for services in the state for individuals with disabilities and for students attending inclusive postsecondary institutions; and

(C) State-wide best practices to ensure that providers of services are facilitating competitive integrated employment in the workforce; and

(C) State-wide best practices to ensure that providers of services are facilitating competitive integrated employment in the workforce; and

(5) Carry out any other functions assigned to the council by the Governor or by general law.

(5) Carry out any other functions assigned to the council by the Governor or by general law.
O.C.G.A. § 49-4-60 — GA Code / Title 49 / Chapter 4 / Section 49-4-60
Georgia Code Title 49. Social Services § 49-4-60
Status: in_force

Any recipient who moves to another county in this state shall be entitled, with the approval of the Department of Human Services, to receive assistance in the county to which he has moved; and the county department of the county from which he has moved shall transfer all necessary records relating to the recipient to the county department of the county to which he has moved. The county from which the recipient has moved shall pay the assistance for a period of two months, after which time the county to which he has moved shall pay the assistance, if he remains otherwise eligible.
O.C.G.A. § 49-5-115 — GA Code / Title 49 / Chapter 5 / Section 49-5-115
Georgia Code Title 49. Social Services § 49-5-115
Status: in_force

In lieu of any background screening or fingerprint check required pursuant to any state law or any department regulation for an individual who provides short-term care for a child in the custody of the department, the department is authorized to accept a letter issued within the previous 12 months by the Department of Early Care and Learning stating that such individual has received a satisfactory determination by the Department of Early Care and Learning in accordance with Article 2 of Chapter 1A of Title 20.
O.C.G.A. § 49-3-4 — GA Code / Title 49 / Chapter 3 / Section 49-3-4
Georgia Code Title 49. Social Services § 49-3-4
Status: in_force

(a) The county department staff necessary to administer welfare activities within the county shall be appointed pursuant to the rules and regulations of the Department of Human Services and the State Personnel Board and subject to the approval of the commissioner of human services. Staff appointments shall meet the qualifications prescribed by the department.

(a) The county department staff necessary to administer welfare activities within the county shall be appointed pursuant to the rules and regulations of the Department of Human Services and the State Personnel Board and subject to the approval of the commissioner of human services. Staff appointments shall meet the qualifications prescribed by the department.

(b) The salaries of the members of the staff shall be fixed by the county director in conformity with the salary schedule prescribed by the Department of Human Services.

(b) The salaries of the members of the staff shall be fixed by the county director in conformity with the salary schedule prescribed by the Department of Human Services.

(c) The commissioner shall have power to transfer from one county to another or from one district to another any employee of a county department.

(c) The commissioner shall have power to transfer from one county to another or from one district to another any employee of a county department.
O.C.G.A. § 49-4-152-2 — GA Code / Title 49 / Chapter 4 / Section 49-4-152-2
Georgia Code Title 49. Social Services § 49-4-152.2
Status: in_force

(a) The department is authorized to negotiate and enter into agreements directly with manufacturers and distributors whose prescription drug products are sold in the state for sole-source and multiple-source drugs to be paid for under the state plan for eligible recipients under this article. Such agreements shall provide for a periodic rebate of a negotiated percentage of the total product cost to be paid by the manufacturer or distributor of a specific product covered under the state plan.

(a) The department is authorized to negotiate and enter into agreements directly with manufacturers and distributors whose prescription drug products are sold in the state for sole-source and multiple-source drugs to be paid for under the state plan for eligible recipients under this article. Such agreements shall provide for a periodic rebate of a negotiated percentage of the total product cost to be paid by the manufacturer or distributor of a specific product covered under the state plan.

(b) Prescription drug products shall be included in the Controlled Medical Assistance Drug List only upon satisfaction and completion of the application and approval process established by the department. Those products for which a rebate has been successfully negotiated shall automatically be included in the Controlled Medical Assistance Drug List for a period of time conterminous with the negotiated rebate.

(b) Prescription drug products shall be included in the Controlled Medical Assistance Drug List only upon satisfaction and completion of the application and approval process established by the department. Those products for which a rebate has been successfully negotiated shall automatically be included in the Controlled Medical Assistance Drug List for a period of time conterminous with the negotiated rebate.

(c) If there has been a failure to negotiate or renew a rebate agreement for a specific prescription drug product, the pharmaceutical manufacturer or distributor of that product shall disclose to the department its most favorable pricing arrangements available to state and nonstate government purchasers of such products. If the department determines that the product needs to be included in the Controlled Medical Assistance Drug List, the department shall establish the amount of the rebate for such product based upon the price information provided by the manufacturer or distributor. The determination as to whether a product should be included in the Controlled Medical Assistance Drug List shall be based upon the product's efficacy, cost, medical necessity, and safety.

(c) If there has been a failure to negotiate or renew a rebate agreement for a specific prescription drug product, the pharmaceutical manufacturer or distributor of that product shall disclose to the department its most favorable pricing arrangements available to state and nonstate government purchasers of such products. If the department determines that the product needs to be included in the Controlled Medical Assistance Drug List, the department shall establish the amount of the rebate for such product based upon the price information provided by the manufacturer or distributor. The determination as to whether a product should be included in the Controlled Medical Assistance Drug List shall be based upon the product's efficacy, cost, medical necessity, and safety.

(d) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157 .

(d) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157 .
O.C.G.A. § 49-9-11 — GA Code / Title 49 / Chapter 9 / Section 49-9-11
Georgia Code Title 49. Social Services § 49-9-11
Status: in_force

(a) Vocational rehabilitation services shall be provided to any qualified individual who is a bona fide resident of the state.

(a) Vocational rehabilitation services shall be provided to any qualified individual who is a bona fide resident of the state.

(b) The financial need of eligible persons with disabilities will be considered in the provision of vocational rehabilitation services to the extent allowed by federal or other state law.

(b) The financial need of eligible persons with disabilities will be considered in the provision of vocational rehabilitation services to the extent allowed by federal or other state law.
O.C.G.A. § 49-5-155 — GA Code / Title 49 / Chapter 5 / Section 49-5-155
Georgia Code Title 49. Social Services § 49-5-155
Status: in_force

(a) This article shall in no way preempt, duplicate, or supersede services, duties, or other functions performed pursuant to law or regulations by the Department of Juvenile Justice.

(a) This article shall in no way preempt, duplicate, or supersede services, duties, or other functions performed pursuant to law or regulations by the Department of Juvenile Justice.

(b) Other than the Department of Juvenile Justice, the Governor's Office for Children and Families created pursuant to Code Section 49-5-132 and the Criminal Justice Coordinating Council shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants.

(b) Other than the Department of Juvenile Justice, the Governor's Office for Children and Families created pursuant to Code Section 49-5-132 and the Criminal Justice Coordinating Council shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants.
O.C.G.A. § 49-4-84 — GA Code / Title 49 / Chapter 4 / Section 49-4-84
Georgia Code Title 49. Social Services § 49-4-84
Status: in_force

(a) Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.

(a) Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.

(b) Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.

(b) Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.
O.C.G.A. § 49-8-6 — GA Code / Title 49 / Chapter 8 / Section 49-8-6
Georgia Code Title 49. Social Services § 49-8-6
Status: in_force

(a) Each community action agency shall use funds available to it under this chapter and other sources for the planning, operation, outreach, and evaluation of a variety of community service pilot programs designed to assist the economically disadvantaged and other persons to achieve self-sufficiency. Community action agencies shall maintain a coordinating role in the community.

(a) Each community action agency shall use funds available to it under this chapter and other sources for the planning, operation, outreach, and evaluation of a variety of community service pilot programs designed to assist the economically disadvantaged and other persons to achieve self-sufficiency. Community action agencies shall maintain a coordinating role in the community.

(b) No community action agency, its board members, its executive officer, or its employees shall be authorized to use funds, facilities, or equipment owned by or available to the agency, including, but not limited to, stationery, postage, duplicating machines, and telephones, in behalf of any candidate for elective office or any political party or in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located. No community action agency shall engage in the manufacture, distribution, display, advertising, or mailing of any printed materials in behalf of any candidate for elective office or any political party or in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located.

(b) No community action agency, its board members, its executive officer, or its employees shall be authorized to use funds, facilities, or equipment owned by or available to the agency, including, but not limited to, stationery, postage, duplicating machines, and telephones, in behalf of any candidate for elective office or any political party or in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located. No community action agency shall engage in the manufacture, distribution, display, advertising, or mailing of any printed materials in behalf of any candidate for elective office or any political party or in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located.

(c) Work plans submitted to the director must be approved in advance by the board of directors described in paragraph (1) of Code Section 49-8-3 .

(c) Work plans submitted to the director must be approved in advance by the board of directors described in paragraph (1) of Code Section 49-8-3 .
O.C.G.A. § 49-4-61 — GA Code / Title 49 / Chapter 4 / Section 49-4-61
Georgia Code Title 49. Social Services § 49-4-61
Status: in_force

All assistance granted under this article shall be deemed to be granted and to be held subject to any amending or repealing Act that may hereafter be passed; and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing Act.
O.C.G.A. § 49-9-42 — GA Code / Title 49 / Chapter 9 / Section 49-9-42
Georgia Code Title 49. Social Services § 49-9-42
Status: in_force

For the purpose of providing blind persons or other persons with disabilities with remunerative employment, enlarging their economic opportunities, and stimulating them to greater effort in striving to make themselves self-supporting, such blind persons or other persons with disabilities who are licensed by the Georgia Vocational Rehabilitation Agency shall be authorized to operate vending facilities on any state property where such vending facilities may be properly and satisfactorily operated by blind persons or other persons with disabilities. In authorizing the operation of vending facilities on state property, preference shall be given, so far as feasible, to blind persons or other persons with disabilities licensed by the Georgia Vocational Rehabilitation Agency as provided in this article; and the head of each department or agency in control of the maintenance, operation, and protection of state property shall, after consultation with the board and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind persons or other persons with disabilities without unduly inconveniencing such departments and agencies or adversely affecting the interests of the state.
O.C.G.A. § 49-4-158 — GA Code / Title 49 / Chapter 4 / Section 49-4-158
Georgia Code Title 49. Social Services § 49-4-158
Status: in_force

(a) As used in this Code section, the term: (1) “ Dependent ” means a spouse, birth child, adopted child, or stepchild of a military service member. (2) “ Legal resident ” means a person who maintains Georgia as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return. (3) “ Military service ” means service in the armed forces or armed forces reserves of the United States, or membership in the Georgia National Guard. (4) “ Military service member ” means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation.

(a) As used in this Code section, the term:

(1) “ Dependent ” means a spouse, birth child, adopted child, or stepchild of a military service member.

(1) “ Dependent ” means a spouse, birth child, adopted child, or stepchild of a military service member.

(2) “ Legal resident ” means a person who maintains Georgia as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return.

(2) “ Legal resident ” means a person who maintains Georgia as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return.

(3) “ Military service ” means service in the armed forces or armed forces reserves of the United States, or membership in the Georgia National Guard.

(3) “ Military service ” means service in the armed forces or armed forces reserves of the United States, or membership in the Georgia National Guard.

(4) “ Military service member ” means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation.

(4) “ Military service member ” means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation.

(b) The department shall allow legal residents who are dependents of a military service member and who are absent from this state due to the member's military service to be added to a data base to indicate the need for medical assistance upon return to this state. Should a dependent in such a situation be selected from a data base to receive medical assistance, the dependent shall have six months from the date of the selection notification to apply for such assistance and another six months to commence using such assistance. In the event a dependent is receiving medical assistance funded by the department and the medical assistance is disrupted due to the military service member's need for the dependent to leave Georgia because of such military service member's military service, the medical assistance shall be resumed upon the dependent's return to Georgia if the dependent is otherwise eligible. In no case shall payment be made for home and community based services provided outside this state. A dependent of a military service member shall be required to provide the department with: (1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and (2) Proof of the military service member's legal residence in this state, as prescribed by the department.

(b) The department shall allow legal residents who are dependents of a military service member and who are absent from this state due to the member's military service to be added to a data base to indicate the need for medical assistance upon return to this state. Should a dependent in such a situation be selected from a data base to receive medical assistance, the dependent shall have six months from the date of the selection notification to apply for such assistance and another six months to commence using such assistance. In the event a dependent is receiving medical assistance funded by the department and the medical assistance is disrupted due to the military service member's need for the dependent to leave Georgia because of such military service member's military service, the medical assistance shall be resumed upon the dependent's return to Georgia if the dependent is otherwise eligible. In no case shall payment be made for home and community based services provided outside this state. A dependent of a military service member shall be required to provide the department with:

(1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and

(1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and

(2) Proof of the military service member's legal residence in this state, as prescribed by the department.

(2) Proof of the military service member's legal residence in this state, as prescribed by the department.

(c) A dependent who is a legal resident of this state, having previously been determined to be eligible for developmental disability services provided by the department, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of this state, regardless of having left this state due to the military service member's military assignment outside this state, as long as he or she is otherwise eligible for such services.

(c) A dependent who is a legal resident of this state, having previously been determined to be eligible for developmental disability services provided by the department, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of this state, regardless of having left this state due to the military service member's military assignment outside this state, as long as he or she is otherwise eligible for such services.

(d) The department shall permit a dependent who resides outside this state to be placed on a waiting list for developmental disability services if the dependent left this state due to the military service member's military assignment outside this state, is otherwise eligible for those services, and furnishes: (1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and (2) Proof of the military service member's legal residence in this state, as prescribed by the department.

(d) The department shall permit a dependent who resides outside this state to be placed on a waiting list for developmental disability services if the dependent left this state due to the military service member's military assignment outside this state, is otherwise eligible for those services, and furnishes:

(1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and

(1) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and

(2) Proof of the military service member's legal residence in this state, as prescribed by the department.

(2) Proof of the military service member's legal residence in this state, as prescribed by the department.

(e) For dependents who received developmental disability services and who left this state due to the military service member's military assignment outside this state, upon the dependent's return to this state and when a request for services is made, the department shall: (1) Determine the dependent's eligibility for services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act; (2) Provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services if applicable; (3) Provide the dependent an opportunity to contest the department's determination through the appeals processes established by the department; and (4) Resume services if the dependent remains eligible.

(e) For dependents who received developmental disability services and who left this state due to the military service member's military assignment outside this state, upon the dependent's return to this state and when a request for services is made, the department shall:

(1) Determine the dependent's eligibility for services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act;

(1) Determine the dependent's eligibility for services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act;

(2) Provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services if applicable;

(2) Provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services if applicable;

(3) Provide the dependent an opportunity to contest the department's determination through the appeals processes established by the department; and

(3) Provide the dependent an opportunity to contest the department's determination through the appeals processes established by the department; and

(4) Resume services if the dependent remains eligible.

(4) Resume services if the dependent remains eligible.

(f) As a condition of continued eligibility for services under subsection (e) of this Code section, a dependent must inform the department of his or her current address and provide updates as requested by the department.

(f) As a condition of continued eligibility for services under subsection (e) of this Code section, a dependent must inform the department of his or her current address and provide updates as requested by the department.

(g) No payment pursuant to this Code section shall be made for developmental disability services authorized under this chapter and provided outside this state unless those services satisfy the conditions specified in 42 CFR 431.52 . No payment pursuant to this Code section shall be made for home and community based services provided outside this state.

(g) No payment pursuant to this Code section shall be made for developmental disability services authorized under this chapter and provided outside this state unless those services satisfy the conditions specified in 42 CFR 431.52 . No payment pursuant to this Code section shall be made for home and community based services provided outside this state.

(h) The department shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this Code section.

(h) The department shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this Code section.

(i) The department may adopt rules and regulations necessary to implement the provisions of this Code section.

(i) The department may adopt rules and regulations necessary to implement the provisions of this Code section.

(j) This Code section shall only apply to the fullest extent permissible for Georgia to remain in compliance with all federal laws, rules, and regulations associated with the services provided in this chapter.

(j) This Code section shall only apply to the fullest extent permissible for Georgia to remain in compliance with all federal laws, rules, and regulations associated with the services provided in this chapter.
O.C.G.A. § 49-5-225 — GA Code / Title 49 / Chapter 5 / Section 49-5-225
Georgia Code Title 49. Social Services § 49-5-225
Status: in_force

(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 agency responsible for coordinating children's services; (2) The Division of Family and Children Services of the Department of Human Services; (3) The Department of Juvenile Justice; (4) The Department of Public Health; (5) A member of the special education staff of the local education agency; and (6) The Georgia Vocational Rehabilitation Agency.

(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 agency responsible for coordinating children's services;

(1) The community mental health agency responsible for coordinating children's services;

(2) The Division of Family and Children Services of the Department of Human Services;

(2) The Division of Family and Children Services of the Department of Human Services;

(3) The Department of Juvenile Justice;

(3) The Department of Juvenile Justice;

(4) The Department of Public Health;

(4) The Department of Public Health;

(5) A member of the special education staff of the local education agency; and

(5) A member of the special education staff of the local education agency; and

(6) The Georgia Vocational Rehabilitation Agency.

(6) The Georgia Vocational Rehabilitation Agency.

(b) In addition to the permanent members, the local interagency committee reviewing the case of a child or adolescent may include as ad hoc members the special education administrator of the school district serving the child or adolescent, the parents of the child or adolescent, and caseworkers from any involved agencies.

(b) In addition to the permanent members, the local interagency committee reviewing the case of a child or adolescent may include as ad hoc members the special education administrator of the school district serving the child or adolescent, the parents of the child or adolescent, and caseworkers from any involved agencies.

(c) The local interagency committees shall: (1) Staff cases and review and modify as needed decisions about placement of children and adolescents in out-of-home treatment or placement, monitor each child's progress, facilitate prompt return to the child's home when possible, develop a reintegration plan shortly after a child's admission to a treatment program, review the individual plan for the child or adolescent and amend the plan if necessary, and ensure that services are provided in the least restrictive setting consistent with effective services; and (2) Be the focal point for the regional plan, if any.

(c) The local interagency committees shall:

(1) Staff cases and review and modify as needed decisions about placement of children and adolescents in out-of-home treatment or placement, monitor each child's progress, facilitate prompt return to the child's home when possible, develop a reintegration plan shortly after a child's admission to a treatment program, review the individual plan for the child or adolescent and amend the plan if necessary, and ensure that services are provided in the least restrictive setting consistent with effective services; and

(1) Staff cases and review and modify as needed decisions about placement of children and adolescents in out-of-home treatment or placement, monitor each child's progress, facilitate prompt return to the child's home when possible, develop a reintegration plan shortly after a child's admission to a treatment program, review the individual plan for the child or adolescent and amend the plan if necessary, and ensure that services are provided in the least restrictive setting consistent with effective services; and

(2) Be the focal point for the regional plan, if any.

(2) Be the focal point for the regional plan, if any.
O.C.G.A. § 49-6-80 — GA Code / Title 49 / Chapter 6 / Section 49-6-80
Georgia Code Title 49. Social Services § 49-6-80
Status: in_force

This article shall be known and may be cited as the “Adult Day Center for Aging Adults Licensure Act.”
O.C.G.A. § 49-5-1 — GA Code / Title 49 / Chapter 5 / Section 49-5-1
Georgia Code Title 49. Social Services § 49-5-1
Status: in_force

This article shall be known and may be cited as the “Children and Youth Act.”
O.C.G.A. § 49-2-24 — GA Code / Title 49 / Chapter 2 / Section 49-2-24
Georgia Code Title 49. Social Services § 49-2-24
Status: in_force

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.
O.C.G.A. § 49-4-152-4 — GA Code / Title 49 / Chapter 4 / Section 49-4-152-4
Georgia Code Title 49. Social Services § 49-4-152.4
Status: in_force

The department shall provide that any department contract with a provider of medical assistance which is renewed or executed on or after July 1, 1997, shall require a refund to the department of any prescription drug rebate, as established in this article or in federal law in Section 1927 of Title XIX of the Social Security Act, 1 as amended, obtained by the provider for prescription drugs furnished to recipients of medical assistance pursuant to that contract.

1 42 U.S.C.A. § 1396r-8.
O.C.G.A. § 49-4-171 — GA Code / Title 49 / Chapter 4 / Section 49-4-171
Georgia Code Title 49. Social Services § 49-4-171
Status: in_force

The court shall summarily order a hearing on the petition and shall cause the applicant or recipient to be served personally with a copy of the petition and order at least five days in advance of the time and place for the hearing. Findings of fact shall be made by the court without a jury; and if the court shall find that the applicant for or recipient of assistance under this chapter or the payee, in the case of temporary assistance for needy families, is unable to manage the assistance payments or otherwise fails so to manage to the extent that deprivation or hazard to himself or herself or others results or, in the case of temporary assistance for needy families, the payment is not being used for the benefit of the children or the pregnant woman, the court may thereupon enter an order embracing such findings and appointing some responsible person as a personal representative of the applicant or recipient or of the payee, in the case of temporary assistance for needy families, for the purposes set forth in this article; provided, however, that no employee of the Department of Human Services shall be eligible to hold such appointment. The personal representative so appointed shall serve without bond and without compensation. He or she shall be responsible for receiving the monthly assistance payment and using the proceeds of such payment for the benefit of the recipient of assistance under this chapter or, in the case of temporary assistance for needy families, for the application of the payment to the best interest of the children, the pregnant woman, or both. Such personal representative shall be responsible to the court for the faithful discharge of the duties of his or her trust. The court may consider the recommendation of the county director of family and children services in the selection of a suitable person for appointment as personal representative for the limited purposes of this Code section. The personal representative so appointed may be removed by the court and the proceedings dismissed or another suitable personal representative appointed. All costs of court with respect to any such proceeding shall be waived.
O.C.G.A. § 49-3-3 — GA Code / Title 49 / Chapter 3 / Section 49-3-3
Georgia Code Title 49. Social Services § 49-3-3
Status: in_force

(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 any such recommendation.

(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 any such recommendation.

(b) The county director shall give bond for the faithful performance of his duties and the faithful accounting of all moneys coming into his hands as such county director, in such a manner and under such terms and conditions as may be prescribed by the Department of Human Services.

(b) The county director shall give bond for the faithful performance of his duties and the faithful accounting of all moneys coming into his hands as such county director, in such a manner and under such terms and conditions as may be prescribed by the Department of Human Services.
O.C.G.A. § 49-9-17 — GA Code / Title 49 / Chapter 9 / Section 49-9-17
Georgia Code Title 49. Social Services § 49-9-17
Status: in_force

The agency is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons with disabilities and to repossess and transfer them for the use of other persons with disabilities. The board is authorized to offer for sale any items acquired in the operation of the program under this chapter when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for it shall be taken from the purchaser showing the consideration given for such equipment and shall be forwarded to the Office of the State Treasurer; and any funds received by the agency pursuant to any such transactions shall be deposited in the state treasury in the appropriate federal or state rehabilitation account and shall be available for expenditures for any purposes consistent with this chapter.
O.C.G.A. § 49-7-5 — GA Code / Title 49 / Chapter 7 / Section 49-7-5
Georgia Code Title 49. Social Services § 49-7-5
Status: in_force

The refusal of any person to accept family-planning services shall in no way affect the right of such person to receive public assistance or public health services or to avail himself of any other public benefit. The employees of the agencies engaged in the administration of this chapter shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual; and nothing in this chapter shall in any way abridge such individual right, nor shall any individual be required to state his reason for refusing the offer of family-planning services.
O.C.G.A. § 49-4a-17 — GA Code / Title 49 / Chapter 4A / Section 49-4a-17
Georgia Code Title 49. Social Services § 49-4A-17
Status: in_force

(a)(1) Without the knowledge and consent of the commissioner or the director in charge of any juvenile detention facility, it shall be unlawful for any person to take into or cause to be introduced into such facility any item which such person has been directed not to take into such center: (A) Verbally by a staff member of such facility; (B) In writing by a staff member of such facility; or (C) As directed by the rules, regulations, or policies of such facility. (2) Any item taken into a facility in violation of this subsection shall be deemed contraband and shall be subject to being confiscated and retained as property of the department. (3) Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.

(a)(1) Without the knowledge and consent of the commissioner or the director in charge of any juvenile detention facility, it shall be unlawful for any person to take into or cause to be introduced into such facility any item which such person has been directed not to take into such center: (A) Verbally by a staff member of such facility; (B) In writing by a staff member of such facility; or (C) As directed by the rules, regulations, or policies of such facility.

(a)(1) Without the knowledge and consent of the commissioner or the director in charge of any juvenile detention facility, it shall be unlawful for any person to take into or cause to be introduced into such facility any item which such person has been directed not to take into such center:

(A) Verbally by a staff member of such facility;

(A) Verbally by a staff member of such facility;

(B) In writing by a staff member of such facility; or

(B) In writing by a staff member of such facility; or

(C) As directed by the rules, regulations, or policies of such facility.

(C) As directed by the rules, regulations, or policies of such facility.

(2) Any item taken into a facility in violation of this subsection shall be deemed contraband and shall be subject to being confiscated and retained as property of the department.

(2) Any item taken into a facility in violation of this subsection shall be deemed contraband and shall be subject to being confiscated and retained as property of the department.

(3) Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.

(3) Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.

(b) It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to a child assigned to a juvenile detention facility without the knowledge and consent of the commissioner or the director in charge of such facility. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.

(b) It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to a child assigned to a juvenile detention facility without the knowledge and consent of the commissioner or the director in charge of such facility. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
O.C.G.A. § 49-9-1 — GA Code / Title 49 / Chapter 9 / Section 49-9-1
Georgia Code Title 49. Social Services § 49-9-1
Status: in_force

As used in this chapter, the term or terms:

(1) “ Agency ” means the Georgia Vocational Rehabilitation Agency created pursuant to Code Section 49-9-4 .

(1) “ Agency ” means the Georgia Vocational Rehabilitation Agency created pursuant to Code Section 49-9-4 .

(2) “ Blind person ” means a person who has: (A) Not more than 20/200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field.

(2) “ Blind person ” means a person who has:

(A) Not more than 20/200 central visual acuity in the better eye after correction; or

(A) Not more than 20/200 central visual acuity in the better eye after correction; or

(B) An equally disabling loss of the visual field.

(B) An equally disabling loss of the visual field.

(3) “ Board ” means the Georgia Vocational Rehabilitation Services Board created pursuant to Code Section 49-9-2 .

(3) “ Board ” means the Georgia Vocational Rehabilitation Services Board created pursuant to Code Section 49-9-2 .

(4) “ Director ” means the agency executive director appointed pursuant to Code Section 49-9-3 .

(4) “ Director ” means the agency executive director appointed pursuant to Code Section 49-9-3 .

(5) “ Disability to employment ” means a physical or mental condition which constitutes, contributes to, or, if not corrected, will probably result in an impairment of occupational performance.

(5) “ Disability to employment ” means a physical or mental condition which constitutes, contributes to, or, if not corrected, will probably result in an impairment of occupational performance.

(6) “ Occupational license ” means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation.

(6) “ Occupational license ” means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation.

(7) “ Person with disabilities ” means an individual having a physical or mental impairment that substantially limits one or more of the major life activities.

(7) “ Person with disabilities ” means an individual having a physical or mental impairment that substantially limits one or more of the major life activities.

(8) “ Prosthetic appliance ” means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.

(8) “ Prosthetic appliance ” means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.

(9) “Regulations” means regulations made by the director with the approval of the board and promulgated in the manner prescribed by law.

(9) “Regulations” means regulations made by the director with the approval of the board and promulgated in the manner prescribed by law.

(10) “ Rehabilitation center ” means a facility operated for the purpose of assisting in the rehabilitation of persons with disabilities which provides one or more of the following types of services: (A) Testing, fitting, or training in the use of prosthetic devices; (B) Prevocational or conditioning therapy; (C) Physical, corrective, or occupational therapy; or (D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of persons with disabilities and an integrated program of physical restoration and relating training is provided under competent professional supervision and direction.

(10) “ Rehabilitation center ” means a facility operated for the purpose of assisting in the rehabilitation of persons with disabilities which provides one or more of the following types of services:

(A) Testing, fitting, or training in the use of prosthetic devices;

(A) Testing, fitting, or training in the use of prosthetic devices;

(B) Prevocational or conditioning therapy;

(B) Prevocational or conditioning therapy;

(C) Physical, corrective, or occupational therapy; or

(C) Physical, corrective, or occupational therapy; or

(D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of persons with disabilities and an integrated program of physical restoration and relating training is provided under competent professional supervision and direction.

(D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of persons with disabilities and an integrated program of physical restoration and relating training is provided under competent professional supervision and direction.

(11) “ Rehabilitation training ” means all necessary training provided to a person with disabilities to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, relating, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.

(11) “ Rehabilitation training ” means all necessary training provided to a person with disabilities to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, relating, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.

(12) “ Vocational rehabilitation ” and “ vocational rehabilitation services ” mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a person with disabilities for his or her disability to employment and to enable such individual to engage in a remunerative occupation.

(12) “ Vocational rehabilitation ” and “ vocational rehabilitation services ” mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a person with disabilities for his or her disability to employment and to enable such individual to engage in a remunerative occupation.

(13) “ Workshop ” means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing rehabilitative activities, including the use of monetary rewards as an incentive practice for persons with disabilities unable to engage in the competitive labor market. Persons receiving services in workshops shall not be considered as employees of the state for workers' compensation or any other purposes.

(13) “ Workshop ” means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing rehabilitative activities, including the use of monetary rewards as an incentive practice for persons with disabilities unable to engage in the competitive labor market. Persons receiving services in workshops shall not be considered as employees of the state for workers' compensation or any other purposes.
O.C.G.A. § 49-4-151 — GA Code / Title 49 / Chapter 4 / Section 49-4-151
Georgia Code Title 49. Social Services § 49-4-151
Status: in_force

(a) The commissioner, for the purposes of investigating the nature, amount, and extent of services provided to a recipient of medical assistance or auditing information submitted to the department concerning a provider's entitlement to an amount of medical assistance, is authorized, personally or by his duly authorized representative, to administer oaths and to examine and copy books, papers, records (medical, business, or otherwise), or memoranda of a provider or of any other person possessed of information relating to reimbursable costs claimed by a provider or otherwise relating to the amount of medical assistance to which a provider is entitled. The commissioner may compel such examinations by means of subpoenas issued to require the custodian of such items to produce them for examination. A subpoena may be served by any sheriff, by his deputy, or by any other person not less than 18 years of age. Proof may be shown by return of certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail or statutory overnight delivery, and the return receipt shall constitute prima-facie proof of service. If any person shall fail to obey a subpoena issued and served under this subsection, then upon application of the commissioner, the superior court of the county in which such custodian was required to appear may issue an order requiring such custodian to comply with the subpoena and to produce the subpoenaed documentation. Furthermore, if any provider shall fail to obey a subpoena issued and served under this subsection with respect to any matter concerning a claim for medical assistance, that claim for medical assistance shall not be reimbursed by the Department of Community Health; and, if already reimbursed, the amount of medical assistance reimbursed shall be deducted from any amount of medical assistance which may then be or thereafter become payable to such provider.

(a) The commissioner, for the purposes of investigating the nature, amount, and extent of services provided to a recipient of medical assistance or auditing information submitted to the department concerning a provider's entitlement to an amount of medical assistance, is authorized, personally or by his duly authorized representative, to administer oaths and to examine and copy books, papers, records (medical, business, or otherwise), or memoranda of a provider or of any other person possessed of information relating to reimbursable costs claimed by a provider or otherwise relating to the amount of medical assistance to which a provider is entitled. The commissioner may compel such examinations by means of subpoenas issued to require the custodian of such items to produce them for examination. A subpoena may be served by any sheriff, by his deputy, or by any other person not less than 18 years of age. Proof may be shown by return of certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail or statutory overnight delivery, and the return receipt shall constitute prima-facie proof of service. If any person shall fail to obey a subpoena issued and served under this subsection, then upon application of the commissioner, the superior court of the county in which such custodian was required to appear may issue an order requiring such custodian to comply with the subpoena and to produce the subpoenaed documentation. Furthermore, if any provider shall fail to obey a subpoena issued and served under this subsection with respect to any matter concerning a claim for medical assistance, that claim for medical assistance shall not be reimbursed by the Department of Community Health; and, if already reimbursed, the amount of medical assistance reimbursed shall be deducted from any amount of medical assistance which may then be or thereafter become payable to such provider.

(b) In the course of conducting investigations and audits, the Department of Community Health may request from any governmental department, board, commission, bureau, or agency information and assistance pertinent thereto. The Department of Community Health shall be entitled to have access to all such pertinent information which is within the custody of any governmental department, board, commission, bureau, or agency.

(b) In the course of conducting investigations and audits, the Department of Community Health may request from any governmental department, board, commission, bureau, or agency information and assistance pertinent thereto. The Department of Community Health shall be entitled to have access to all such pertinent information which is within the custody of any governmental department, board, commission, bureau, or agency.
O.C.G.A. § 49-4-34 — GA Code / Title 49 / Chapter 4 / Section 49-4-34
Georgia Code Title 49. Social Services § 49-4-34
Status: in_force

The county departments shall:

(1) Administer this article in their respective counties, subject to the rules and regulations prescribed by the board pursuant to this article;

(1) Administer this article in their respective counties, subject to the rules and regulations prescribed by the board pursuant to this article;

(2) Report to the department at such times and in such manner and form as the department may from time to time direct; and

(2) Report to the department at such times and in such manner and form as the department may from time to time direct; and

(3) Submit to the county commissioner or board of commissioners or the legally constituted fiscal or financial agent of the county, after approval by the department, a budget containing an estimate and supporting data setting forth the amount of money needed to carry out this article.

(3) Submit to the county commissioner or board of commissioners or the legally constituted fiscal or financial agent of the county, after approval by the department, a budget containing an estimate and supporting data setting forth the amount of money needed to carry out this article.
O.C.G.A. § 49-4-163 — GA Code / Title 49 / Chapter 4 / Section 49-4-163
Georgia Code Title 49. Social Services § 49-4-163
Status: in_force

(a) An individual who is a beneficiary of a Georgia Qualified Long-term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection (c) of Code Section 49-4-162 .

(a) An individual who is a beneficiary of a Georgia Qualified Long-term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection (c) of Code Section 49-4-162 .

(b) If the Georgia Qualified Long-term Care Partnership Program is discontinued, an individual who purchased a Georgia Qualified Long-term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard if allowed as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005.

(b) If the Georgia Qualified Long-term Care Partnership Program is discontinued, an individual who purchased a Georgia Qualified Long-term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard if allowed as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005.

(c) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has asset disregard provisions as established under this article as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005.

(c) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has asset disregard provisions as established under this article as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005.
O.C.G.A. § 49-5-64 — GA Code / Title 49 / Chapter 5 / Section 49-5-64
Georgia Code Title 49. Social Services § 49-5-64
Status: in_force

(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 records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a national fingerprint records determination.

(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 records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a national fingerprint records determination.

(b) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33 , the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention.

(b) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33 , the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention.
O.C.G.A. § 49-4-150 — GA Code / Title 49 / Chapter 4 / Section 49-4-150
Georgia Code Title 49. Social Services § 49-4-150
Status: in_force

The Board of Community Health is directed to prescribe regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Department of Community Health relating to applicants for and recipients of medical assistance. Except as otherwise provided in Code Section 49-4-151 , such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for or recipients of medical assistance to purposes directly connected with the administration of the state plan. No person who obtains information by virtue of any such regulations shall use such information for commercial or political purposes, and any person seeking such information shall certify to the commissioner of community health, in writing, that the information obtained will not be used for commercial or political purposes.
O.C.G.A. § 49-4a-10 — GA Code / Title 49 / Chapter 4A / Section 49-4a-10
Georgia Code Title 49. Social Services § 49-4A-10
Status: in_force

Whenever any child shall escape from any juvenile detention facility, the department shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a juvenile detention facility under the jurisdiction of the department or to another institution under the Department of Corrections.
O.C.G.A. § 49-9-8 — GA Code / Title 49 / Chapter 9 / Section 49-9-8
Georgia Code Title 49. Social Services § 49-9-8
Status: in_force

The Office of the State Treasurer is designated as custodian of all moneys received from the federal government for the purpose of carrying out any federal statutes pertaining to the purpose of this chapter. The Office of the State Treasurer shall make disbursements from such funds and all state funds available for such purposes, upon certification in the manner provided in Code Section 49-9-3 .
O.C.G.A. § 49-4-160 — GA Code / Title 49 / Chapter 4 / Section 49-4-160
Georgia Code Title 49. Social Services § 49-4-160
Status: in_force

This article shall be known and may be cited as the “Georgia Long-term Care Partnership Program Act.”
O.C.G.A. § 49-4-37 — GA Code / Title 49 / Chapter 4 / Section 49-4-37
Georgia Code Title 49. Social Services § 49-4-37
Status: in_force

All assistance granted under this article shall be deemed to be granted and to be held subject to any amending or repealing Act that may hereafter be passed; and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing Act.
O.C.G.A. § 49-4-151-1 — GA Code / Title 49 / Chapter 4 / Section 49-4-151-1
Georgia Code Title 49. Social Services § 49-4-151.1
Status: in_force

(a) Any clerical or record-keeping error, including but not limited to a typographical error, scrivener's error, or computer error; any unintentional error or omission in billing, coding, or required documentation; or any isolated instances of incomplete documentation by a provider of medical assistance regarding reimbursement for medical assistance may not in and of itself constitute fraud or constitute a basis to recoup payment for medical assistance provided, so long as any such errors or instances do not result in an improper payment. An improper payment includes any payment that was made to an ineligible recipient, payment for noncovered services, duplicate payments, payments for services not received, payments that are for the incorrect amount, and instances when the department is unable to discern whether a payment was proper because of insufficient or lack of documentation. The department or its agents shall not recoup the cost of medical assistance if such error, omission, or incomplete documentation has been resolved in accordance with subsection (b) of this Code section; provided, however, that recoupment shall be allowed to the extent that the error, omission, or incomplete documentation resulted in an improper payment, though recoupment shall be limited to the amount improperly paid.

(a) Any clerical or record-keeping error, including but not limited to a typographical error, scrivener's error, or computer error; any unintentional error or omission in billing, coding, or required documentation; or any isolated instances of incomplete documentation by a provider of medical assistance regarding reimbursement for medical assistance may not in and of itself constitute fraud or constitute a basis to recoup payment for medical assistance provided, so long as any such errors or instances do not result in an improper payment. An improper payment includes any payment that was made to an ineligible recipient, payment for noncovered services, duplicate payments, payments for services not received, payments that are for the incorrect amount, and instances when the department is unable to discern whether a payment was proper because of insufficient or lack of documentation. The department or its agents shall not recoup the cost of medical assistance if such error, omission, or incomplete documentation has been resolved in accordance with subsection (b) of this Code section; provided, however, that recoupment shall be allowed to the extent that the error, omission, or incomplete documentation resulted in an improper payment, though recoupment shall be limited to the amount improperly paid.

(b) A provider of medical assistance shall be allowed 30 calendar days following receipt by the provider of a preliminary audit review report in which to submit records or documents to correct an error or omission or to complete documentation identified in such review report; provided, however, that the department or its agents, in the discretion of the department, may reject the submission of a corrected record or document if the submission would result in an improper payment, or the provider demonstrates a pattern of repeated errors, omissions, or incomplete documentation. The department shall be authorized to establish rules and regulations delineating what constitutes a pattern of repeated errors, omissions, or incomplete documentation taking into consideration the type of provider; frequency of audits; volume of claims submitted by a provider; type of error, omission, or incomplete documentation; and other pertinent factors.

(b) A provider of medical assistance shall be allowed 30 calendar days following receipt by the provider of a preliminary audit review report in which to submit records or documents to correct an error or omission or to complete documentation identified in such review report; provided, however, that the department or its agents, in the discretion of the department, may reject the submission of a corrected record or document if the submission would result in an improper payment, or the provider demonstrates a pattern of repeated errors, omissions, or incomplete documentation. The department shall be authorized to establish rules and regulations delineating what constitutes a pattern of repeated errors, omissions, or incomplete documentation taking into consideration the type of provider; frequency of audits; volume of claims submitted by a provider; type of error, omission, or incomplete documentation; and other pertinent factors.

(c) A provider of medical assistance shall be afforded the right to a hearing in accordance with Code Section 49-4-153 for any attempted withholding of reimbursement or recoupment by the department or its agents relating to an error, omission, incomplete documentation, or improper payment relating to the provision of medical assistance.

(c) A provider of medical assistance shall be afforded the right to a hearing in accordance with Code Section 49-4-153 for any attempted withholding of reimbursement or recoupment by the department or its agents relating to an error, omission, incomplete documentation, or improper payment relating to the provision of medical assistance.

(d) This Code section shall not apply to criminal or civil investigations which involve fraud, willful misrepresentation, reckless disregard, or abuse conducted by the Attorney General's Medicaid Fraud Control Unit or other law enforcement agencies.

(d) This Code section shall not apply to criminal or civil investigations which involve fraud, willful misrepresentation, reckless disregard, or abuse conducted by the Attorney General's Medicaid Fraud Control Unit or other law enforcement agencies.
O.C.G.A. § 49-5-13 — GA Code / Title 49 / Chapter 5 / Section 49-5-13
Georgia Code Title 49. Social Services § 49-5-13
Status: in_force

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. § 49-4a-13 — GA Code / Title 49 / Chapter 4A / Section 49-4a-13
Georgia Code Title 49. Social Services § 49-4A-13
Status: in_force

As used in this Code section, the term “family attention home” means a private family home that has contracted with the Department of Juvenile Justice to provide 24 hour, short-term care for youth in the custody of the department and placed by the department in the home. Said youth are either awaiting a juvenile court hearing or have been temporarily removed from their homes for other reasons. Prior to a youth being placed in a private family attention home, an assessment of the youth's risk to the public will be completed by the department, and based on that assessment a plan of care for each youth will be developed within 72 hours after placement. This plan shall detail the youth's need for adult supervision, the youth's need for structured after-school activities, the need for electronic monitoring, if appropriate, and any other additional treatment needs while the youth is in the home. This plan of care shall be developed and implemented to ensure the safety of the children and youth in each private family attention home and the residents of the communities in which the private family attention homes are located.
O.C.G.A. § 49-5-161 — GA Code / Title 49 / Chapter 5 / Section 49-5-161
Georgia Code Title 49. Social Services § 49-5-161
Status: in_force

(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 information.

(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 information.

(b) A registrant shall be required to pay an annual registration fee of $25.00.

(b) A registrant shall be required to pay an annual registration fee of $25.00.

(c) Upon receipt of an application for registration, payment of the registration fees, and presentation by the applicant of evidence that the organization meets the qualifications prescribed by Code Section 49-4-162 , the department shall issue such organization a registration certificate valid for one year.

(c) Upon receipt of an application for registration, payment of the registration fees, and presentation by the applicant of evidence that the organization meets the qualifications prescribed by Code Section 49-4-162 , the department shall issue such organization a registration certificate valid for one year.
O.C.G.A. § 49-4-56 — GA Code / Title 49 / Chapter 4 / Section 49-4-56
Georgia Code Title 49. Social Services § 49-4-56
Status: in_force

A recipient shall submit to a reexamination as to his eyesight when required to do so by the county department or the Department of Human Services. He shall also furnish any information required by the county department or the Department of Human Services.
O.C.G.A. § 49-4-81 — GA Code / Title 49 / Chapter 4 / Section 49-4-81
Georgia Code Title 49. Social Services § 49-4-81
Status: in_force

(a) Assistance is to be granted under this article to any person who: (1) Is not less than 18 nor more than 65 years of age; (2) Is totally and permanently disabled as that term is defined in Code Section 49-4-80 ; (3) Does not have sufficient income or other resources to provide a subsistence compatible with decency and health; (4) Has not made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this article at any time within two years immediately prior to the filing of application for assistance pursuant to this article; (5) Has been a bona fide resident of the state for not less than one year; and (6) Is not receiving old-age assistance, aid to the blind, or aid to dependent children.

(a) Assistance is to be granted under this article to any person who:

(1) Is not less than 18 nor more than 65 years of age;

(1) Is not less than 18 nor more than 65 years of age;

(2) Is totally and permanently disabled as that term is defined in Code Section 49-4-80 ;

(2) Is totally and permanently disabled as that term is defined in Code Section 49-4-80 ;

(3) Does not have sufficient income or other resources to provide a subsistence compatible with decency and health;

(3) Does not have sufficient income or other resources to provide a subsistence compatible with decency and health;

(4) Has not made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this article at any time within two years immediately prior to the filing of application for assistance pursuant to this article;

(4) Has not made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this article at any time within two years immediately prior to the filing of application for assistance pursuant to this article;

(5) Has been a bona fide resident of the state for not less than one year; and

(5) Has been a bona fide resident of the state for not less than one year; and

(6) Is not receiving old-age assistance, aid to the blind, or aid to dependent children.

(6) Is not receiving old-age assistance, aid to the blind, or aid to dependent children.

(b) No applicant shall be required to subscribe to a pauper's oath in order to be eligible for assistance under this article.

(b) No applicant shall be required to subscribe to a pauper's oath in order to be eligible for assistance under this article.

(c) Inmates of any public institution meeting the requirements of subsection (a) of this Code section may be granted assistance, provided such public institution has entered into an agreement with the Department of Community Health to determine an inmate's eligibility for assistance and services. Such agreement shall require the public institution or medical institution providing services to such inmate to provide the Department of Community Health with the required monetary payment to match the federal matching funds as set forth in federal law for the services received.

(c) Inmates of any public institution meeting the requirements of subsection (a) of this Code section may be granted assistance, provided such public institution has entered into an agreement with the Department of Community Health to determine an inmate's eligibility for assistance and services. Such agreement shall require the public institution or medical institution providing services to such inmate to provide the Department of Community Health with the required monetary payment to match the federal matching funds as set forth in federal law for the services received.
O.C.G.A. § 49-4a-4 — GA Code / Title 49 / Chapter 4A / Section 49-4a-4
Georgia Code Title 49. Social Services § 49-4A-4
Status: in_force

It is the purpose of this chapter to establish the department as the agency to administer, supervise, and manage juvenile detention facilities.
O.C.G.A. § 49-5-61 — GA Code / Title 49 / Chapter 5 / Section 49-5-61
Georgia Code Title 49. Social Services § 49-5-61
Status: in_force

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.
O.C.G.A. § 49-5-162 — GA Code / Title 49 / Chapter 5 / Section 49-5-162
Georgia Code Title 49. Social Services § 49-5-162
Status: in_force

(a) The department shall require organizations to have reasonable: (1) Written policies and procedures for admission, intake, and record keeping; (2) Written policies regarding treatment and referrals for mental, physical, and emotional health; (3) Written policies for reports of actual or alleged injuries at an organization's premises; and (4) Proof of having qualified staff.

(a) The department shall require organizations to have reasonable:

(1) Written policies and procedures for admission, intake, and record keeping;

(1) Written policies and procedures for admission, intake, and record keeping;

(2) Written policies regarding treatment and referrals for mental, physical, and emotional health;

(2) Written policies regarding treatment and referrals for mental, physical, and emotional health;

(3) Written policies for reports of actual or alleged injuries at an organization's premises; and

(3) Written policies for reports of actual or alleged injuries at an organization's premises; and

(4) Proof of having qualified staff.

(4) Proof of having qualified staff.

(b) The department shall require that organizations: (1) Photograph all minors considered for admission by the organization; (2) Have proof of liability insurance coverage sufficient to protect the clients of the organization's facility; and (3) Provide a copy of its registration to the sheriff of the county in which the organization operates a facility, and the sheriff shall distribute such registration to all appropriate law enforcement agencies within the county.

(b) The department shall require that organizations:

(1) Photograph all minors considered for admission by the organization;

(1) Photograph all minors considered for admission by the organization;

(2) Have proof of liability insurance coverage sufficient to protect the clients of the organization's facility; and

(2) Have proof of liability insurance coverage sufficient to protect the clients of the organization's facility; and

(3) Provide a copy of its registration to the sheriff of the county in which the organization operates a facility, and the sheriff shall distribute such registration to all appropriate law enforcement agencies within the county.

(3) Provide a copy of its registration to the sheriff of the county in which the organization operates a facility, and the sheriff shall distribute such registration to all appropriate law enforcement agencies within the county.
O.C.G.A. § 49-6-84 — GA Code / Title 49 / Chapter 6 / Section 49-6-84
Georgia Code Title 49. Social Services § 49-6-84
Status: in_force

The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-8 . All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 49-2-9 — GA Code / Title 49 / Chapter 2 / Section 49-2-9
Georgia Code Title 49. Social Services § 49-2-9
Status: in_force

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

(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

(2) To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered.

(2) To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered.
O.C.G.A. § 49-2-18 — GA Code / Title 49 / Chapter 2 / Section 49-2-18
Georgia Code Title 49. Social Services § 49-2-18
Status: in_force

(a) The Governor shall appoint the director of the Division of Family and Children Services of the department who shall serve at the pleasure of the Governor. The director shall be an employee of the department but shall report directly to the Governor.

(a) The Governor shall appoint the director of the Division of Family and Children Services of the department who shall serve at the pleasure of the Governor. The director shall be an employee of the department but shall report directly to the Governor.

(b) The director shall have a college degree and at least one of the following qualifications: (1) Educational background or managerial experience involving work with vulnerable populations; (2) Work experience in a setting dealing with the safety or well-being of children or other vulnerable populations; or (3) Experience working in or managing a complex, multidisciplinary business or government agency.

(b) The director shall have a college degree and at least one of the following qualifications:

(1) Educational background or managerial experience involving work with vulnerable populations;

(1) Educational background or managerial experience involving work with vulnerable populations;

(2) Work experience in a setting dealing with the safety or well-being of children or other vulnerable populations; or

(2) Work experience in a setting dealing with the safety or well-being of children or other vulnerable populations; or

(3) Experience working in or managing a complex, multidisciplinary business or government agency.

(3) Experience working in or managing a complex, multidisciplinary business or government agency.
O.C.G.A. § 49-4-143 — GA Code / Title 49 / Chapter 4 / Section 49-4-143
Georgia Code Title 49. Social Services § 49-4-143
Status: in_force

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 board on or after July 1, 1999.
O.C.G.A. § 49-5-113 — GA Code / Title 49 / Chapter 5 / Section 49-5-113
Georgia Code Title 49. Social Services § 49-5-113
Status: in_force

(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, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. However, no employee shall be suspended or dismissed from such employee's job due to any information provided in a records check until the employer obtains a certified copy of the original documents on which the charges identified in the records check are based.

(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, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. However, no employee shall be suspended or dismissed from such employee's job due to any information provided in a records check until the employer obtains a certified copy of the original documents on which the charges identified in the records check are based.

(b) An employer shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the provisions of this article. Any disciplinary action of any kind taken against any local school board employee and based in whole or in part on information obtained through a records check as provided in this article shall be subject to and governed by the provisions of Code Section 20-2-940 .

(b) An employer shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the provisions of this article. Any disciplinary action of any kind taken against any local school board employee and based in whole or in part on information obtained through a records check as provided in this article shall be subject to and governed by the provisions of Code Section 20-2-940 .
O.C.G.A. § 49-4-168 — GA Code / Title 49 / Chapter 4 / Section 49-4-168
Georgia Code Title 49. Social Services § 49-4-168
Status: in_force

As used in this article, the term:

(1) “ Claim ” includes any request or demand, whether under a contract or otherwise, for money or property, whether or not the Georgia Medicaid program or this state has title to such money or property, which is made to the Georgia Medicaid program, to any officer, employee, fiscal intermediary, grantee, agent, or contractor of the Georgia Medicaid program, or to other persons or entities if it results in payments by the Georgia Medicaid program, if the Georgia Medicaid program provides, has provided, or will provide any portion of the money or property requested or demanded; if the Georgia Medicaid program will reimburse the contractor, grantee, or other recipient for any portion of the money or property requested or demanded; or if the money or property is to be spent or used on behalf of or to advance the Georgia Medicaid program. A claim includes a request or demand made orally, in writing, electronically, or magnetically. Each claim may be treated as a separate claim.

(1) “ Claim ” includes any request or demand, whether under a contract or otherwise, for money or property, whether or not the Georgia Medicaid program or this state has title to such money or property, which is made to the Georgia Medicaid program, to any officer, employee, fiscal intermediary, grantee, agent, or contractor of the Georgia Medicaid program, or to other persons or entities if it results in payments by the Georgia Medicaid program, if the Georgia Medicaid program provides, has provided, or will provide any portion of the money or property requested or demanded; if the Georgia Medicaid program will reimburse the contractor, grantee, or other recipient for any portion of the money or property requested or demanded; or if the money or property is to be spent or used on behalf of or to advance the Georgia Medicaid program. A claim includes a request or demand made orally, in writing, electronically, or magnetically. Each claim may be treated as a separate claim.

(2) “ Knowing ” and “ knowingly ” require no proof of specific intent to defraud and mean that a person, with respect to information: (A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or (C) Acts in reckless disregard of the truth or falsity of the information.

(2) “ Knowing ” and “ knowingly ” require no proof of specific intent to defraud and mean that a person, with respect to information:

(A) Has actual knowledge of the information;

(A) Has actual knowledge of the information;

(B) Acts in deliberate ignorance of the truth or falsity of the information; or

(B) Acts in deliberate ignorance of the truth or falsity of the information; or

(C) Acts in reckless disregard of the truth or falsity of the information.

(C) Acts in reckless disregard of the truth or falsity of the information.

(3) “ Material ” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

(3) “ Material ” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

(4) “ Obligation ” means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee based or similar relationship, from statute or regulation, or from retention of any overpayment.

(4) “ Obligation ” means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee based or similar relationship, from statute or regulation, or from retention of any overpayment.

(5) “ Person ” means any natural person, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity with capacity to sue or be sued.

(5) “ Person ” means any natural person, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity with capacity to sue or be sued.
O.C.G.A. § 49-5-15 — GA Code / Title 49 / Chapter 5 / Section 49-5-15
Georgia Code Title 49. Social Services § 49-5-15
Status: in_force

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 department, in the penal sum of $1,000.00, conditioned that he will not send or bring into the state any child who is incorrigible or unsound in mind or body; that he will remove any such child who becomes a public charge or who, in the opinion of the department, becomes a menace to the community prior to his adoption or becoming of legal age; and that the person with whom the child is placed shall be responsible for his proper care and training. Before any child shall be brought or sent into the state for the purpose of placing him in a foster home, the person so bringing or sending such child shall first notify the department of his intention and shall obtain from the department a certificate stating that such home is, in the opinion of the department, a suitable home for the child. Such notification shall state the name, age, and personal description of the child; the name and address of the person with whom the child is to be placed; and such other information as may be required by the department. The person bringing or sending such child into the state shall report at least once each year and at such other times as the department shall direct as to the location and well-being of the child so long as such child shall remain within the state and until he shall have reached the age of 18 or shall have been legally adopted.
O.C.G.A. § 49-4-149-1 — GA Code / Title 49 / Chapter 4 / Section 49-4-149-1
Georgia Code Title 49. Social Services § 49-4-149.1
Status: in_force

If the federal government removes restrictions upon family supplementation of Medicaid payments or approves a waiver allowing this supplementation, the Department of Community Health shall submit to the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House of Representatives a plan for this supplementation, which submission shall be made within 30 days after the earlier of the date the restrictions are removed or the date the waiver is approved.
O.C.G.A. § 49-9-7 — GA Code / Title 49 / Chapter 9 / Section 49-9-7
Georgia Code Title 49. Social Services § 49-9-7
Status: in_force

The agency is empowered and directed to cooperate, pursuant to agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to the purposes of this chapter. The agency is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes and appropriations, to administer any legislation pursuant thereto enacted by this state, to direct the disbursement and administer the use of all funds provided by the federal government or this state for the purposes of this chapter, and to do all things necessary to ensure the vocational rehabilitation of persons with disabilities.
O.C.G.A. § 49-5-163 — GA Code / Title 49 / Chapter 5 / Section 49-5-163
Georgia Code Title 49. Social Services § 49-5-163
Status: in_force

(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.

(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 organizations. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the organization.

(b) The department shall be given the right to periodically inspect the facilities of registered organizations. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the organization.

(c) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any organization or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require.

(c) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any organization or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require.
O.C.G.A. § 49-5-227 — GA Code / Title 49 / Chapter 5 / Section 49-5-227
Georgia Code Title 49. Social Services § 49-5-227
Status: in_force

The Governor's Office for Children and Families shall:

(1) Annually review and comment on the State Plan for the Coordinated System of Care, and submit its comments 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 Health and Human Services Committee, the Governor, the Department of Behavioral Health and Developmental Disabilities, and the Department of Education; and

(1) Annually review and comment on the State Plan for the Coordinated System of Care, and submit its comments 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 Health and Human Services Committee, the Governor, the Department of Behavioral Health and Developmental Disabilities, and the Department of Education; and

(2) Annually identify and recommend fiscal, policy, and program initiatives and revisions in the state coordinated system of care 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 Health and Human Services Committee, the Governor, the Department of Behavioral Health and Developmental Disabilities, and the Department of Education.

(2) Annually identify and recommend fiscal, policy, and program initiatives and revisions in the state coordinated system of care 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 Health and Human Services Committee, the Governor, the Department of Behavioral Health and Developmental Disabilities, and the Department of Education.
O.C.G.A. § 49-4-165 — GA Code / Title 49 / Chapter 4 / Section 49-4-165
Georgia Code Title 49. Social Services § 49-4-165
Status: in_force

(a) A qualified long-term care insurance partnership policy shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests.

(a) A qualified long-term care insurance partnership policy shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests.

(b) The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance.

(b) The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance.
O.C.G.A. § 49-4-147 — GA Code / Title 49 / Chapter 4 / Section 49-4-147
Georgia Code Title 49. Social Services § 49-4-147
Status: in_force

Medical assistance payable by virtue of this article shall be subject to any claim, lien, or offset of this state against the payee and to any claim of the United States of America made against the payee pursuant to a federal statute, but such moneys shall not otherwise be subject to execution, levy, garnishment, or any other legal process; and no transfer or assignment of such at law or in equity shall be enforceable against the State of Georgia, the Department of Community Health, or the commissioner of community health; but medical assistance moneys, having been paid, are subject to all such actions and process.
O.C.G.A. § 49-5-5 — GA Code / Title 49 / Chapter 5 / Section 49-5-5
Georgia Code Title 49. Social Services § 49-5-5
Status: in_force

(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 of the department, to the accomplishment of the purposes of this article, and to the performance of the duties and functions of the department as set forth in this article.

(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 of the department, to the accomplishment of the purposes of this article, and to the performance of the duties and functions of the department as set forth in this article.

(b) The board shall establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions now or hereafter under the jurisdiction and control of the department, bearing in mind at all times that the purpose for existence and operation of such schools, facilities, and institutions and all activities carried on therein shall be to carry out the rehabilitative program provided for by this article and to restore and build up the self-respect and self-reliance of children and youths lodged therein so as to qualify and equip them for good citizenship and honorable employment.

(b) The board shall establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions now or hereafter under the jurisdiction and control of the department, bearing in mind at all times that the purpose for existence and operation of such schools, facilities, and institutions and all activities carried on therein shall be to carry out the rehabilitative program provided for by this article and to restore and build up the self-respect and self-reliance of children and youths lodged therein so as to qualify and equip them for good citizenship and honorable employment.
O.C.G.A. § 49-5-43 — GA Code / Title 49 / Chapter 5 / Section 49-5-43
Georgia Code Title 49. Social Services § 49-5-43
Status: in_force

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.
O.C.G.A. § 49-5-224 — GA Code / Title 49 / Chapter 5 / Section 49-5-224
Georgia Code Title 49. Social Services § 49-5-224
Status: in_force

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 Health and Human Services Committee, the Governor, and the Governor's Office for Children and Families. The report shall contain a copy of the updated State Plan for the Coordinated System of Care. The report shall also contain the following information on severely and emotionally disturbed children and adolescents receiving services directly or indirectly through the Department of Behavioral Health and Developmental Disabilities, the Department of Education, or any other state agency:

(1) The number and ages of children in out-of-state residential facilities;

(1) The number and ages of children in out-of-state residential facilities;

(2) The number and ages of children in in-state residential facilities;

(2) The number and ages of children in in-state residential facilities;

(3) The number and ages of children in nonresidential treatment;

(3) The number and ages of children in nonresidential treatment;

(4) Annual public funds expended for out-of-state placements, the sources of such funds, and the average cost per child of such out-of-state placement;

(4) Annual public funds expended for out-of-state placements, the sources of such funds, and the average cost per child of such out-of-state placement;

(5) Annual public funds expended for in-state residential placements, the sources of such funds, and their average cost per child of such in-state residential placement;

(5) Annual public funds expended for in-state residential placements, the sources of such funds, and their average cost per child of such in-state residential placement;

(6) Annual public funds expended for nonresidential treatment, the sources of such funds, and the average cost per child of such nonresidential treatment;

(6) Annual public funds expended for nonresidential treatment, the sources of such funds, and the average cost per child of such nonresidential treatment;

(7) The average length of stay in out-of-state and in-state placements; and

(7) The average length of stay in out-of-state and in-state placements; and

(8) The number and ages of children placed in out-of-home treatment compared to the total number of children in each county of the state.

(8) The number and ages of children placed in out-of-home treatment compared to the total number of children in each county of the state.
O.C.G.A. § 49-5-18 — GA Code / Title 49 / Chapter 5 / Section 49-5-18
Georgia Code Title 49. Social Services § 49-5-18
Status: in_force

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 the board in conformity with this article as may be commensurate with the legal status of the department to a child or youth committed to the care, custody, or control of the department or as may otherwise be specifically provided for in this article.
O.C.G.A. § 49-6-74 — GA Code / Title 49 / Chapter 6 / Section 49-6-74
Georgia Code Title 49. Social Services § 49-6-74
Status: in_force

(a) The department, through contracts with or through area agencies on aging and other appropriate entities, shall provide the services described in paragraph (1) of subsection (c) of Code Section 49-6-73 and shall reimburse qualified primary caregivers for purchase of approved services, equipment, and supplies described in paragraphs (2) and (3) of subsection (c) of Code Section 49-6-73 .

(a) The department, through contracts with or through area agencies on aging and other appropriate entities, shall provide the services described in paragraph (1) of subsection (c) of Code Section 49-6-73 and shall reimburse qualified primary caregivers for purchase of approved services, equipment, and supplies described in paragraphs (2) and (3) of subsection (c) of Code Section 49-6-73 .

(b)(1) The maximum amount available to a qualified primary caregiver whose household income is under 200 percent of the federal poverty level shall be established by regulation. The department shall be responsible for developing allowable cost ranges for services and supplies under paragraphs (1) and (2) of subsection (c) of Code Section 49-6-73 , including the development of maximum amounts available per month to a caregiver, where necessary. (2) The maximum amount available to a qualified caregiver whose household income is under 200 percent of federal poverty level shall be established by regulation but shall not exceed $2,000.00 for the entire duration of the case for expenses incurred for home modifications or assistive devices as described in paragraph (3) of subsection (c) of Code Section 49-6-73 . (3) A sliding benefits scale shall be established by the department by regulation to ensure that caregivers who qualify under this article and whose household income exceeds 200 percent of the federal poverty level shall pay some portions of the out-of-pocket expenses for services, equipment, and supplies described in subsection (c) of Code Section 49-6-73 . In no event will persons whose household income exceeds 400 percent of the federal poverty level be considered eligible for state funded services, equipment, or supplies under this article but such persons may purchase such services through this program by paying the entire cost of such services.

(b)(1) The maximum amount available to a qualified primary caregiver whose household income is under 200 percent of the federal poverty level shall be established by regulation. The department shall be responsible for developing allowable cost ranges for services and supplies under paragraphs (1) and (2) of subsection (c) of Code Section 49-6-73 , including the development of maximum amounts available per month to a caregiver, where necessary.

(b)(1) The maximum amount available to a qualified primary caregiver whose household income is under 200 percent of the federal poverty level shall be established by regulation. The department shall be responsible for developing allowable cost ranges for services and supplies under paragraphs (1) and (2) of subsection (c) of Code Section 49-6-73 , including the development of maximum amounts available per month to a caregiver, where necessary.

(2) The maximum amount available to a qualified caregiver whose household income is under 200 percent of federal poverty level shall be established by regulation but shall not exceed $2,000.00 for the entire duration of the case for expenses incurred for home modifications or assistive devices as described in paragraph (3) of subsection (c) of Code Section 49-6-73 .

(2) The maximum amount available to a qualified caregiver whose household income is under 200 percent of federal poverty level shall be established by regulation but shall not exceed $2,000.00 for the entire duration of the case for expenses incurred for home modifications or assistive devices as described in paragraph (3) of subsection (c) of Code Section 49-6-73 .

(3) A sliding benefits scale shall be established by the department by regulation to ensure that caregivers who qualify under this article and whose household income exceeds 200 percent of the federal poverty level shall pay some portions of the out-of-pocket expenses for services, equipment, and supplies described in subsection (c) of Code Section 49-6-73 . In no event will persons whose household income exceeds 400 percent of the federal poverty level be considered eligible for state funded services, equipment, or supplies under this article but such persons may purchase such services through this program by paying the entire cost of such services.

(3) A sliding benefits scale shall be established by the department by regulation to ensure that caregivers who qualify under this article and whose household income exceeds 200 percent of the federal poverty level shall pay some portions of the out-of-pocket expenses for services, equipment, and supplies described in subsection (c) of Code Section 49-6-73 . In no event will persons whose household income exceeds 400 percent of the federal poverty level be considered eligible for state funded services, equipment, or supplies under this article but such persons may purchase such services through this program by paying the entire cost of such services.
O.C.G.A. § 49-4-22 — GA Code / Title 49 / Chapter 4 / Section 49-4-22
Georgia Code Title 49. Social Services § 49-4-22
Status: in_force

(a) An individual who was convicted under any state or federal law of an offense which has as an element the possession, use, or distribution of a controlled substance, as such term is defined in Code Section 16-13-21 , and which is or would be classified as a felony under the laws of this state shall not be eligible for the federal Supplemental Nutrition Assistance Program while he or she is serving any term of imprisonment. If such individual was not sentenced to imprisonment, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation imposed. If such individual is sentenced to a term of imprisonment, after release from confinement, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation or parole imposed. If such individual violates the terms of probation as determined by court order or violates the terms of parole as determined by an order of the State Board of Pardons and Paroles, he or she shall lose eligibility for such program. If such individual successfully completes the original sentence imposed, he or she shall remain eligible for such program.

(a) An individual who was convicted under any state or federal law of an offense which has as an element the possession, use, or distribution of a controlled substance, as such term is defined in Code Section 16-13-21 , and which is or would be classified as a felony under the laws of this state shall not be eligible for the federal Supplemental Nutrition Assistance Program while he or she is serving any term of imprisonment. If such individual was not sentenced to imprisonment, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation imposed. If such individual is sentenced to a term of imprisonment, after release from confinement, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation or parole imposed. If such individual violates the terms of probation as determined by court order or violates the terms of parole as determined by an order of the State Board of Pardons and Paroles, he or she shall lose eligibility for such program. If such individual successfully completes the original sentence imposed, he or she shall remain eligible for such program.

(b) Any individual eligible for aid pursuant to this Code section shall be required to meet all other requirements for eligibility for such program.

(b) Any individual eligible for aid pursuant to this Code section shall be required to meet all other requirements for eligibility for such program.
O.C.G.A. § 49-5-112 — GA Code / Title 49 / Chapter 5 / Section 49-5-112
Georgia Code Title 49. Social Services § 49-5-112
Status: in_force

(a) The GCIC and law enforcement agencies which have access to GCIC information shall cooperate with employers who are authorized to obtain records checks on their employees in performing such checks and shall provide such information for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor.

(a) The GCIC and law enforcement agencies which have access to GCIC information shall cooperate with employers who are authorized to obtain records checks on their employees in performing such checks and shall provide such information for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor.

(b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.

(b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.
O.C.G.A. § 49-4-146-3 — GA Code / Title 49 / Chapter 4 / Section 49-4-146-3
Georgia Code Title 49. Social Services § 49-4-146.3
Status: in_force

(a) As used in this Code section, the term: (1) “ Civil forfeiture proceeding ” shall have the same meaning as set forth in Code Section 9-16-2 . (2) “ Medicaid fraud ” means: (A) A violation of Code Section 49-4-146.1 ; or (B) A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of: (i) Chapter 8 of Title 16, relating to offenses involving theft; (ii) Code Section 16-10-20 , relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or (iii) Code Section 16-10-21 , relating to conspiracy to defraud the state or its political subdivisions. (3) “Proceeds” shall have the same meaning as set forth in Code Section 9-16-2 . (4) “Property” shall have the same meaning as set forth in Code Section 9-16-2 .

(a) As used in this Code section, the term:

(1) “ Civil forfeiture proceeding ” shall have the same meaning as set forth in Code Section 9-16-2 .

(1) “ Civil forfeiture proceeding ” shall have the same meaning as set forth in Code Section 9-16-2 .

(2) “ Medicaid fraud ” means: (A) A violation of Code Section 49-4-146.1 ; or (B) A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of: (i) Chapter 8 of Title 16, relating to offenses involving theft; (ii) Code Section 16-10-20 , relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or (iii) Code Section 16-10-21 , relating to conspiracy to defraud the state or its political subdivisions.

(2) “ Medicaid fraud ” means:

(A) A violation of Code Section 49-4-146.1 ; or

(A) A violation of Code Section 49-4-146.1 ; or

(B) A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of: (i) Chapter 8 of Title 16, relating to offenses involving theft; (ii) Code Section 16-10-20 , relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or (iii) Code Section 16-10-21 , relating to conspiracy to defraud the state or its political subdivisions.

(B) A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of:

(i) Chapter 8 of Title 16, relating to offenses involving theft;

(i) Chapter 8 of Title 16, relating to offenses involving theft;

(ii) Code Section 16-10-20 , relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or

(ii) Code Section 16-10-20 , relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or

(iii) Code Section 16-10-21 , relating to conspiracy to defraud the state or its political subdivisions.

(iii) Code Section 16-10-21 , relating to conspiracy to defraud the state or its political subdivisions.

(3) “Proceeds” shall have the same meaning as set forth in Code Section 9-16-2 .

(3) “Proceeds” shall have the same meaning as set forth in Code Section 9-16-2 .

(4) “Property” shall have the same meaning as set forth in Code Section 9-16-2 .

(4) “Property” shall have the same meaning as set forth in Code Section 9-16-2 .

(b) Any property which is directly or indirectly obtained by a person or entity through or as a result of Medicaid fraud in the provision of services or equipment under this article and any proceeds shall be subject to civil forfeiture proceedings in accordance with Chapter 16 of Title 9. This Code section shall not apply to cases involving alleged fraud by Medicaid recipients in obtaining medical assistance benefits.

(b) Any property which is directly or indirectly obtained by a person or entity through or as a result of Medicaid fraud in the provision of services or equipment under this article and any proceeds shall be subject to civil forfeiture proceedings in accordance with Chapter 16 of Title 9. This Code section shall not apply to cases involving alleged fraud by Medicaid recipients in obtaining medical assistance benefits.
O.C.G.A. § 49-4-147-1 — GA Code / Title 49 / Chapter 4 / Section 49-4-147-1
Georgia Code Title 49. Social Services § 49-4-147.1
Status: repealed

(a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, 1 the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf by the department. A claim shall be made against the estate of a deceased Medicaid recipient only if at the time of application for medical assistance the applicant received written notice that the medical assistance costs could be recovered from the applicant's estate and the applicant signed a written acknowledgment of receipt of such notice, the estate is otherwise subject to recovery, and if no hardship or other exemption exists. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists.

(a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, 1 the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf by the department. A claim shall be made against the estate of a deceased Medicaid recipient only if at the time of application for medical assistance the applicant received written notice that the medical assistance costs could be recovered from the applicant's estate and the applicant signed a written acknowledgment of receipt of such notice, the estate is otherwise subject to recovery, and if no hardship or other exemption exists. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists.

(b) The estate recovery program established pursuant to this Code section shall not be effective any earlier than May 3, 2006. In no event shall the department make claims against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf prior to May 3, 2006.

(b) The estate recovery program established pursuant to this Code section shall not be effective any earlier than May 3, 2006. In no event shall the department make claims against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf prior to May 3, 2006.

(c) The commissioner shall delay execution of a claim against the estate where the dependents or heirs agree to pay the full amount of the claim in reasonable installments.

(c) The commissioner shall delay execution of a claim against the estate where the dependents or heirs agree to pay the full amount of the claim in reasonable installments.

(d) To prevent substantial and unreasonable hardship, the commissioner shall waive any claim against the first $25,000.00 of any estate. No later than July 1, 2018, the department shall submit to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services an amendment to the state plan reflecting the provisions of this subsection. In the event that such amendment to the state plan is not approved, this subsection shall stand repealed in its entirety.

(d) To prevent substantial and unreasonable hardship, the commissioner shall waive any claim against the first $25,000.00 of any estate. No later than July 1, 2018, the department shall submit to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services an amendment to the state plan reflecting the provisions of this subsection. In the event that such amendment to the state plan is not approved, this subsection shall stand repealed in its entirety.

1 42 U.S.C.A. § 1396 et seq.
O.C.G.A. § 49-5-19 — GA Code / Title 49 / Chapter 5 / Section 49-5-19
Georgia Code Title 49. Social Services § 49-5-19
Status: in_force

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, agencies, and groups, public or private. The report shall contain, in addition to information, statistics, and data required by other provisions of this article, a comprehensive analysis of performance of child welfare and youth services throughout the state; an analysis of goals to ensure that no more than 25 percent of children remain in the foster care system under Title IV-E of the Social Security Act for a period of 24 months or longer, as provided by Public Law 96-272 ; and such other information and recommendations of the commissioner as may be suitable.
O.C.G.A. § 49-9-15 — GA Code / Title 49 / Chapter 9 / Section 49-9-15
Georgia Code Title 49. Social Services § 49-9-15
Status: in_force

Where a person with disabilities who receives vocational rehabilitation services is covered by a hospitalization or medical insurance policy, the Georgia Vocational Rehabilitation Agency shall be subrogated to the rights of such person with disabilities to recover in an amount not to exceed the cost of vocational rehabilitation services rendered by the Georgia Vocational Rehabilitation Agency, exclusive of those services for which eligibility is not predicated on the need for financial assistance. Where the person with disabilities receives vocational rehabilitation services without disclosing that he or she is covered by a hospitalization or medical insurance policy, he or she shall be liable therefor to the Georgia Vocational Rehabilitation Agency in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services for which eligibility is not predicated on the need for financial assistance, or in an amount not to exceed the insurance reimbursement received, whichever is the lesser.
O.C.G.A. § 49-2-13-1 — GA Code / Title 49 / Chapter 2 / Section 49-2-13-1
Georgia Code Title 49. Social Services § 49-2-13.1
Status: in_force

(a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section.

(a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section.

(b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section.

(b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section.
O.C.G.A. § 49-1-1 — GA Code / Title 49 / Chapter 1 / Section 49-1-1
Georgia Code Title 49. Social Services § 49-1-1
Status: in_force

As used in this title, the term:

(1) “ Board ” means the Board of Human Services.

(1) “ Board ” means the Board of Human Services.

(2) “ Commissioner ” means the commissioner 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.

(3) “ County board ” means a county or district board of family and children services.

(4) “ County department ” means a county or district department of family and children services.

(4) “ County department ” means a county or district department of family and children services.

(5) “ County director ” means the director of a county or district department of family and children services.

(5) “ County director ” means the director of a county or district department of family and children services.

(6) “ Department ” means the Department of Human Services.

(6) “ Department ” means the Department of Human Services.
O.C.G.A. § 49-4-18 — GA Code / Title 49 / Chapter 4 / Section 49-4-18
Georgia Code Title 49. Social Services § 49-4-18
Status: in_force

It is the intention of the General Assembly that this article be construed consistent with the federal Social Security Act, 1 and any provision of this article found to be in conflict with the federal Social Security Act shall be deemed to be void and of no effect. It is further the intention of the General Assembly, in view of the joint state and federal financial participation in the assistance programs, that the department shall be authorized to adopt such regulations as may be necessary to comply with the requirements of the federal Social Security Act.

1 42 U.S.C.A. § 301 et seq.
O.C.G.A. § 49-5-17 — GA Code / Title 49 / Chapter 5 / Section 49-5-17
Georgia Code Title 49. Social Services § 49-5-17
Status: in_force

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.
O.C.G.A. § 49-4-187 — GA Code / Title 49 / Chapter 4 / Section 49-4-187
Georgia Code Title 49. Social Services § 49-4-187
Status: in_force

An applicant who moves into this state after receiving assistance from another state under Part A of Title IV of the federal Social Security Act, 1 as amended, if otherwise eligible to receive assistance under the Georgia TANF Program, shall receive the same level of assistance for the same period of time under the same requirements and restrictions as a resident of this state; provided, however, that for a period not to exceed 12 months, such applicant shall receive the same amount of cash assistance as that applicant received in his or her previous state of residence, if such amount is lower than the amount of cash assistance paid to a comparable family unit in this state; provided, further, that an applicant who moves into this state shall be eligible to receive cash assistance for the same time period for which he or she would have been eligible in his or her previous state of residence, if such time period is shorter than the maximum time period permitted for receipt of assistance in this state.

1 42 U.S.C.A. § 601 et seq.
O.C.G.A. § 49-9-19 — GA Code / Title 49 / Chapter 9 / Section 49-9-19
Georgia Code Title 49. Social Services § 49-9-19
Status: in_force

Employees of the agency engaged in functions under this chapter shall be governed by the prohibitions in the rules and regulations of the State Personnel Board and the federal Office of Personnel Management from participation in political activity.
O.C.G.A. § 49-5-72 — GA Code / Title 49 / Chapter 5 / Section 49-5-72
Georgia Code Title 49. Social Services § 49-5-72
Status: in_force

The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.
O.C.G.A. § 49-7-1 — GA Code / Title 49 / Chapter 7 / Section 49-7-1
Georgia Code Title 49. Social Services § 49-7-1
Status: in_force

This chapter shall be known and may be cited as the “Family-Planning Services Act.”
O.C.G.A. § 49-2-5 — GA Code / Title 49 / Chapter 2 / Section 49-2-5
Georgia Code Title 49. Social Services § 49-2-5
Status: in_force

The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title.
O.C.G.A. § 49-5-153 — GA Code / Title 49 / Chapter 5 / Section 49-5-153
Georgia Code Title 49. Social Services § 49-5-153
Status: in_force

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 shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor and the various state departments providing services to children. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient.
O.C.G.A. § 49-4a-6 — GA Code / Title 49 / Chapter 4A / Section 49-4a-6
Georgia Code Title 49. Social Services § 49-4A-6
Status: in_force

(a) The board shall adopt rules and regulations for the government, operation, administration, and maintenance of juvenile detention facilities and may also adopt such other rules and regulations for the government and operation of the department as the board may deem necessary consistent with the provisions of this chapter.

(a) The board shall adopt rules and regulations for the government, operation, administration, and maintenance of juvenile detention facilities and may also adopt such other rules and regulations for the government and operation of the department as the board may deem necessary consistent with the provisions of this chapter.

(b) Rules and regulations adopted by the board under subsection (a) of this Code section shall recognize that a primary purpose of juvenile detention facilities is to carry out rehabilitative programs using evidence based programs or practices to the end that children housed in such facilities develop self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are qualified for honorable employment.

(b) Rules and regulations adopted by the board under subsection (a) of this Code section shall recognize that a primary purpose of juvenile detention facilities is to carry out rehabilitative programs using evidence based programs or practices to the end that children housed in such facilities develop self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are qualified for honorable employment.
O.C.G.A. § 49-1-4 — GA Code / Title 49 / Chapter 1 / Section 49-1-4
Georgia Code Title 49. Social Services § 49-1-4
Status: in_force

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 kind or character to any of the institutions to be benefited by this title.
O.C.G.A. § 49-2-6 — GA Code / Title 49 / Chapter 2 / Section 49-2-6
Georgia Code Title 49. Social Services § 49-2-6
Status: in_force

(a) The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title.

(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 state charitable institutions; (C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and (D) Such other welfare activities or services as may be vested in it; (2) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state; (3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45; (4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title; (5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts; (7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; (8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof; (9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this title; and (10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain self-care, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses.

(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 state charitable institutions; (C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and (D) Such other welfare activities or services as may be vested in it;

(1) Administer or supervise:

(A) All categories of public assistance established under Code Section 49-4-3 ;

(A) All categories of public assistance established under Code Section 49-4-3 ;

(B) The operation of state charitable institutions;

(B) The operation of state charitable institutions;

(C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and

(C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and

(D) Such other welfare activities or services as may be vested in it;

(D) Such other welfare activities or services as may be vested in it;

(2) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state;

(2) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state;

(3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45;

(3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45;

(4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title;

(4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title;

(5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department;

(5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department;

(6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts;

(6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts;

(7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary;

(7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary;

(8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof;

(8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof;

(9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this title; and

(9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this title; and

(10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain self-care, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses.

(10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain self-care, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses.
O.C.G.A. § 49-2-23 — GA Code / Title 49 / Chapter 2 / Section 49-2-23
Georgia Code Title 49. Social Services § 49-2-23
Status: in_force

The inspection warrant shall be validly issued only if it meets the following requirements:

(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant;

(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant;

(2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;

(2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;

(3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

(3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

(4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.

(4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.
O.C.G.A. § 49-6-90 — GA Code / Title 49 / Chapter 6 / Section 49-6-90
Georgia Code Title 49. Social Services § 49-6-90
Status: in_force

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 Dementias State Plan for the purpose of developing a strategy to mobilize a state response. The provisions of this chapter are enacted to further the intention of the State of Georgia to become a more dementia-friendly and dementia-capable environment for the citizens of Georgia with Alzheimer's disease and related dementias. To further that purpose, the Georgia Alzheimer's and Related Dementias State Plan Advisory Council is created to ensure that focus remains on implementing and amending as needed the goals set forth in the Georgia Alzheimer's and Related Dementias State Plan.
O.C.G.A. § 49-4-140 — GA Code / Title 49 / Chapter 4 / Section 49-4-140
Georgia Code Title 49. Social Services § 49-4-140
Status: in_force

The short title for this article shall be the “Georgia Medical Assistance Act of 1977.”
O.C.G.A. § 49-4-5 — GA Code / Title 49 / Chapter 4 / Section 49-4-5
Georgia Code Title 49. Social Services § 49-4-5
Status: in_force

The amount of public assistance which any person shall receive shall be determined in accordance with regulations approved by the board.
O.C.G.A. § 49-6-7 — GA Code / Title 49 / Chapter 6 / Section 49-6-7
Georgia Code Title 49. Social Services § 49-6-7
Status: in_force

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.
O.C.G.A. § 49-4-14 — GA Code / Title 49 / Chapter 4 / Section 49-4-14
Georgia Code Title 49. Social Services § 49-4-14
Status: in_force

(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 this Code section, such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for or recipients of public assistance to purposes directly connected with the administration of public assistance. The board is authorized in its discretion to include in such regulations provision for the public to have access to the records of disbursement or payment of public assistance made after March 30, 1965.

(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 this Code section, such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for or recipients of public assistance to purposes directly connected with the administration of public assistance. The board is authorized in its discretion to include in such regulations provision for the public to have access to the records of disbursement or payment of public assistance made after March 30, 1965.

(b) No person who obtains information by virtue of any regulation made pursuant to subsection (a) of this Code section shall use such information for commercial or political purposes.

(b) No person who obtains information by virtue of any regulation made pursuant to subsection (a) of this Code section shall use such information for commercial or political purposes.

(c) Any person violating subsection (b) of this Code section shall be guilty of a misdemeanor.

(c) Any person violating subsection (b) of this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 49-4-35 — GA Code / Title 49 / Chapter 4 / Section 49-4-35
Georgia Code Title 49. Social Services § 49-4-35
Status: in_force

(a) Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.

(a) Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.

(b) Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.

(b) Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.
O.C.G.A. § 49-4-51 — GA Code / Title 49 / Chapter 4 / Section 49-4-51
Georgia Code Title 49. Social Services § 49-4-51
Status: in_force

(a) As used in this article, the term: (1) “Applicant” means a person who has applied for assistance under this article. (2) “ Assistance ” means money payments to or hospital care in behalf of needy blind individuals but shall not include any such payments to or care in behalf of any such individual who: (A) Is a patient in an institution for tuberculosis or mental illness or developmental disability; or (B) Has been diagnosed as having tuberculosis or being mentally ill or developmentally disabled and is a patient in a medical institution as a result thereof. (3) “ Medical institution ” means an institution that is organized to provide medical, nursing, or convalescent care. (4) “Ophthalmologist” means a physician who is licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye. (5) “Optometrist” means an individual who is licensed and registered to practice optometry in this state and who is actively engaged in the measurement of the powers of vision of the human eye. (6) “ Public institution ” means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control. (7) “Recipient” means a person who has received assistance under this article. (8) “Supplementary services” means services other than money payments to blind persons in need.

(a) As used in this article, the term:

(1) “Applicant” means a person who has applied for assistance under this article.

(1) “Applicant” means a person who has applied for assistance under this article.

(2) “ Assistance ” means money payments to or hospital care in behalf of needy blind individuals but shall not include any such payments to or care in behalf of any such individual who: (A) Is a patient in an institution for tuberculosis or mental illness or developmental disability; or (B) Has been diagnosed as having tuberculosis or being mentally ill or developmentally disabled and is a patient in a medical institution as a result thereof.

(2) “ Assistance ” means money payments to or hospital care in behalf of needy blind individuals but shall not include any such payments to or care in behalf of any such individual who:

(A) Is a patient in an institution for tuberculosis or mental illness or developmental disability; or

(A) Is a patient in an institution for tuberculosis or mental illness or developmental disability; or

(B) Has been diagnosed as having tuberculosis or being mentally ill or developmentally disabled and is a patient in a medical institution as a result thereof.

(B) Has been diagnosed as having tuberculosis or being mentally ill or developmentally disabled and is a patient in a medical institution as a result thereof.

(3) “ Medical institution ” means an institution that is organized to provide medical, nursing, or convalescent care.

(3) “ Medical institution ” means an institution that is organized to provide medical, nursing, or convalescent care.

(4) “Ophthalmologist” means a physician who is licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye.

(4) “Ophthalmologist” means a physician who is licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye.

(5) “Optometrist” means an individual who is licensed and registered to practice optometry in this state and who is actively engaged in the measurement of the powers of vision of the human eye.

(5) “Optometrist” means an individual who is licensed and registered to practice optometry in this state and who is actively engaged in the measurement of the powers of vision of the human eye.

(6) “ Public institution ” means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.

(6) “ Public institution ” means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.

(7) “Recipient” means a person who has received assistance under this article.

(7) “Recipient” means a person who has received assistance under this article.

(8) “Supplementary services” means services other than money payments to blind persons in need.

(8) “Supplementary services” means services other than money payments to blind persons in need.

(b) A person shall be considered blind for the purposes of this article if his vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential. The department shall promulgate rules and regulations stating, in terms of ophthalmic measurements, the amount of visual acuity which an applicant may have and still be eligible for assistance under this article.

(b) A person shall be considered blind for the purposes of this article if his vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential. The department shall promulgate rules and regulations stating, in terms of ophthalmic measurements, the amount of visual acuity which an applicant may have and still be eligible for assistance under this article.
O.C.G.A. § 49-5-23 — GA Code / Title 49 / Chapter 5 / Section 49-5-23
Georgia Code Title 49. Social Services § 49-5-23
Status: in_force

(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 Commission to obtain recall notices on unsafe child and infant products.

(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 Commission to obtain recall notices on unsafe child and infant products.

(b) Child welfare agencies shall post the phone number and website of the U.S. Consumer Product Safety Commission in a location visible to parents and visitors. The notice shall also advise such parents and visitors on how to obtain recall notices on unsafe child and infant products.

(b) Child welfare agencies shall post the phone number and website of the U.S. Consumer Product Safety Commission in a location visible to parents and visitors. The notice shall also advise such parents and visitors on how to obtain recall notices on unsafe child and infant products.
O.C.G.A. § 49-4-2 — GA Code / Title 49 / Chapter 4 / Section 49-4-2
Georgia Code Title 49. Social Services § 49-4-2
Status: in_force

As used in this article, the term:

(1) “Department” means the Department of Human Services and includes the county departments of family and children services and the agents, agencies, officers, and employees designated by the commissioner of human services to perform any function vested in the Department of Human Services by this article.

(1) “Department” means the Department of Human Services and includes the county departments of family and children services and the agents, agencies, officers, and employees designated by the commissioner of human services to perform any function vested in the Department of Human Services by this article.

(2) “Public assistance” means payment in or by money, medical care, remedial care, goods, or services to or for the benefit of needy persons under any categories that may be established pursuant to this article.

(2) “Public assistance” means payment in or by money, medical care, remedial care, goods, or services to or for the benefit of needy persons under any categories that may be established pursuant to this article.

(3) “Recipient” means a person to whom, or on whose behalf, public assistance is granted.

(3) “Recipient” means a person to whom, or on whose behalf, public assistance is granted.
O.C.G.A. § 49-4-1 — GA Code / Title 49 / Chapter 4 / Section 49-4-1
Georgia Code Title 49. Social Services § 49-4-1
Status: in_force

The short title of this article shall be “Georgia Public Assistance Act of 1965.”
O.C.G.A. § 49-9-5 — GA Code / Title 49 / Chapter 9 / Section 49-9-5
Georgia Code Title 49. Social Services § 49-9-5
Status: in_force

The agency shall provide the services authorized by this chapter to persons with disabilities determined to be eligible therefor; and, in carrying out the purposes of this chapter, the agency is authorized, among other things:

(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to persons with disabilities; in studying the problems involved therein; and in establishing, developing, and providing, in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;

(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to persons with disabilities; in studying the problems involved therein; and in establishing, developing, and providing, in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;

(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the state concerned;

(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the state concerned;

(3) To conduct research and compile statistics relating to the provision of services or the need of services by persons with disabilities;

(3) To conduct research and compile statistics relating to the provision of services or the need of services by persons with disabilities;

(4) To license blind persons or other persons with disabilities to operate vending facilities under its supervision and control, subject to the terms and conditions provided in regulations, policies, and procedures issued pursuant to Code Section 49-9-3 , on: (A) State property; (B) County or municipal property; (C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act, 20 U.S.C. Section 107(b) , and any amendment thereto or any act of Congress relating to this subject; and (D) Private property; and

(4) To license blind persons or other persons with disabilities to operate vending facilities under its supervision and control, subject to the terms and conditions provided in regulations, policies, and procedures issued pursuant to Code Section 49-9-3 , on:

(A) State property;

(A) State property;

(B) County or municipal property;

(B) County or municipal property;

(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act, 20 U.S.C. Section 107(b) , and any amendment thereto or any act of Congress relating to this subject; and

(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act, 20 U.S.C. Section 107(b) , and any amendment thereto or any act of Congress relating to this subject; and

(D) Private property; and

(D) Private property; and

(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by persons with disabilities.

(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by persons with disabilities.
O.C.G.A. § 49-4-190 — GA Code / Title 49 / Chapter 4 / Section 49-4-190
Georgia Code Title 49. Social Services § 49-4-190
Status: in_force

It is the intention of the General Assembly that this article be construed consistently with Part A of Title IV of the federal Social Security Act, 1 as amended, and so as to authorize the Department of Human Services, within the appropriations provided to it, to administer the state plan in a manner so as to receive the maximum amount of the federal block grant available for expenditures made under the state plan. Nothing in this article shall be construed to impose requirements which conflict with such federal law or regulations promulgated thereunder so as to result in a loss of federal funding to this state under that law.

1 42 U.S.C.A. § 601 et seq.
O.C.G.A. § 49-4-54 — GA Code / Title 49 / Chapter 4 / Section 49-4-54
Georgia Code Title 49. Social Services § 49-4-54
Status: in_force

The county departments shall:

(1) Administer this article in their respective counties, subject to the rules and regulations prescribed by the Board of Human Services pursuant to this article;

(1) Administer this article in their respective counties, subject to the rules and regulations prescribed by the Board of Human Services pursuant to this article;

(2) Report to the Department of Human Services at such times and in such manner and form as the department may from time to time direct; and

(2) Report to the Department of Human Services at such times and in such manner and form as the department may from time to time direct; and

(3) Submit to the county commissioner or board of commissioners or the legally constituted fiscal or financial agent of the county, after approval by the department, a budget containing an estimate and supporting data setting forth the amount of money needed to carry out this article.

(3) Submit to the county commissioner or board of commissioners or the legally constituted fiscal or financial agent of the county, after approval by the department, a budget containing an estimate and supporting data setting forth the amount of money needed to carry out this article.
O.C.G.A. § 49-4-142-3 — GA Code / Title 49 / Chapter 4 / Section 49-4-142-3
Georgia Code Title 49. Social Services § 49-4-142.3
Status: in_force

The department shall be authorized to submit a waiver request, on or before June 30, 2020, to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services pursuant to Section 1115 of the federal Social Security Act, which may include an increase in the income threshold up to a maximum of 100 percent of the federal poverty level. Further, upon approval of the waiver, the department shall be authorized to take all necessary steps to implement the terms and conditions of the waiver without any further legislative action.
O.C.G.A. § 49-2-1 — GA Code / Title 49 / Chapter 2 / Section 49-2-1
Georgia Code Title 49. Social Services § 49-2-1
Status: in_force

(a) There is created a Department of Human Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009.

(a) There is created a Department of Human Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009.

(b) There is created the position of commissioner of human services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.

(b) There is created the position of commissioner of human services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.

(c)(1) As used in this subsection, the term: (A) “ Fictive kin ” shall have the same meaning as set forth in Code Section 15-11-2 . (B) “ Kinship caregiver ” means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child. (2) There is created the position of kinship care enforcement administrator within the Department of Human Services who shall be appointed by and serve at the discretion of the commissioner of human services. The kinship care enforcement administrator shall account for, monitor, facilitate, and ensure compliance with all laws, rules, and regulations of the federal government and this state which relate to any programs, including, but not limited to, any pilot programs, subsidies, or benefits, available to kinship caregivers or the children within their care.

(c)(1) As used in this subsection, the term: (A) “ Fictive kin ” shall have the same meaning as set forth in Code Section 15-11-2 . (B) “ Kinship caregiver ” means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child.

(c)(1) As used in this subsection, the term:

(A) “ Fictive kin ” shall have the same meaning as set forth in Code Section 15-11-2 .

(A) “ Fictive kin ” shall have the same meaning as set forth in Code Section 15-11-2 .

(B) “ Kinship caregiver ” means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child.

(B) “ Kinship caregiver ” means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child.

(2) There is created the position of kinship care enforcement administrator within the Department of Human Services who shall be appointed by and serve at the discretion of the commissioner of human services. The kinship care enforcement administrator shall account for, monitor, facilitate, and ensure compliance with all laws, rules, and regulations of the federal government and this state which relate to any programs, including, but not limited to, any pilot programs, subsidies, or benefits, available to kinship caregivers or the children within their care.

(2) There is created the position of kinship care enforcement administrator within the Department of Human Services who shall be appointed by and serve at the discretion of the commissioner of human services. The kinship care enforcement administrator shall account for, monitor, facilitate, and ensure compliance with all laws, rules, and regulations of the federal government and this state which relate to any programs, including, but not limited to, any pilot programs, subsidies, or benefits, available to kinship caregivers or the children within their care.
O.C.G.A. § 49-9-41 — GA Code / Title 49 / Chapter 9 / Section 49-9-41
Georgia Code Title 49. Social Services § 49-9-41
Status: in_force

To effectuate the purposes of this article, it is declared to be public policy of the state that on any state property where the board determines it to be feasible to establish a vending facility to be operated by a licensed operator as provided in this article and where the agency or department or custodian of such property determines that such facility can be established without undue inconvenience to the operation being carried on in such state building or property, the preference accorded in this article shall require that such vending facility site not be deemed available for letting to competitive bidders for revenue-producing purposes unless the board declines to establish on such site a vending facility for blind persons or other persons with disabilities. The income to the agency or department or custodian controlling the space for such facility sites shall generally not be expected to exceed reimbursement for the cost of providing such facility site space and the services connected therewith; but in any case where such income exceeds those purposes, it shall be paid into the state treasury, subject to certification and audit.
O.C.G.A. § 49-4-15-1 — GA Code / Title 49 / Chapter 4 / Section 49-4-15-1
Georgia Code Title 49. Social Services § 49-4-15.1
Status: in_force

The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, recipients in instances of alleged fraud by recipients of food stamps and public assistance. This process may be implemented by means of a subpoena which may be issued by the commissioner of human services, upon the advice of the State Department of Law. In order to consider the issuance of such subpoenas, the director of the department's office of fraud and abuse must personally make application in writing to the commissioner of human services specifying why such information is necessary. If issued, such subpoenas shall compel the production of relevant documents. Subpoenas shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on application of the department, through the commissioner of human services or the commissioner's duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents.
O.C.G.A. § 49-5-67 — GA Code / Title 49 / Chapter 5 / Section 49-5-67
Georgia Code Title 49. Social Services § 49-5-67
Status: in_force

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 may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee, or foster parent or other adult residing in the foster care home, and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the center's file and available for inspection by the department. This satisfactory determination must be made before the employee or foster parent begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a center's facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the center's facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the center's file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the center's file on the employee with all supporting documentation. The department shall promulgate rules and regulations limiting the extent to which centers are authorized to use emergency temporary employees in accordance with this Code section. Foster parents and adults residing in a foster care home utilized by child-placing agencies shall never be utilized as emergency temporary employees of the child-placing agency. Employees, emergency temporary employees, foster parents, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, foster parent, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees.
O.C.G.A. § 49-4-168-3 — GA Code / Title 49 / Chapter 4 / Section 49-4-168-3
Georgia Code Title 49. Social Services § 49-4-168.3
Status: in_force

(a) In any civil action brought under this article, the State of Georgia or person bringing the civil action shall be required to prove all essential elements of the cause of civil action, including damages, by a preponderance of the evidence.

(a) In any civil action brought under this article, the State of Georgia or person bringing the civil action shall be required to prove all essential elements of the cause of civil action, including damages, by a preponderance of the evidence.

(b) Except as otherwise provided in this article, all civil actions brought under this article shall be governed by the provisions of Chapter 11 of Title 9, the “Georgia Civil Practice Act.”

(b) Except as otherwise provided in this article, all civil actions brought under this article shall be governed by the provisions of Chapter 11 of Title 9, the “Georgia Civil Practice Act.”

(c) If the Attorney General elects to intervene and proceed with a civil action brought pursuant to this article, the Attorney General may file his or her own complaint or amend the complaint of a person who has brought a civil action under this article to clarify or add detail to the claims in which the Attorney General is intervening and to add any additional claims with respect to which the State of Georgia contends it is entitled to relief. For purposes of the statute of limitations, any such pleading by the Attorney General shall relate back to the filing date of the complaint of the person who originally brought the civil action, to the extent that the claim of the State of Georgia arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint by such person.

(c) If the Attorney General elects to intervene and proceed with a civil action brought pursuant to this article, the Attorney General may file his or her own complaint or amend the complaint of a person who has brought a civil action under this article to clarify or add detail to the claims in which the Attorney General is intervening and to add any additional claims with respect to which the State of Georgia contends it is entitled to relief. For purposes of the statute of limitations, any such pleading by the Attorney General shall relate back to the filing date of the complaint of the person who originally brought the civil action, to the extent that the claim of the State of Georgia arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint by such person.
O.C.G.A. § 49-4-152-6 — GA Code / Title 49 / Chapter 4 / Section 49-4-152-6
Georgia Code Title 49. Social Services § 49-4-152.6
Status: in_force

(a) The department shall provide Medicaid coverage for any prescription drug prescribed to an adult patient and determined by a duly licensed practitioner in this state to be medically necessary for the treatment and prevention of mood disorders with psychotic symptoms, including, but not limited to, bipolar disorders, schizophrenia and schizotypal, or delusion disorders if: (1) During the preceding year, the patient was prescribed and unsuccessfully treated with a preferred or generic drug; or (2) The patient has previously been prescribed and obtained prior approval for the nonpreferred prescribed drug.

(a) The department shall provide Medicaid coverage for any prescription drug prescribed to an adult patient and determined by a duly licensed practitioner in this state to be medically necessary for the treatment and prevention of mood disorders with psychotic symptoms, including, but not limited to, bipolar disorders, schizophrenia and schizotypal, or delusion disorders if:

(1) During the preceding year, the patient was prescribed and unsuccessfully treated with a preferred or generic drug; or

(1) During the preceding year, the patient was prescribed and unsuccessfully treated with a preferred or generic drug; or

(2) The patient has previously been prescribed and obtained prior approval for the nonpreferred prescribed drug.

(2) The patient has previously been prescribed and obtained prior approval for the nonpreferred prescribed drug.

(b) If necessary to implement the provisions of this Code section, the department shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services.

(b) If necessary to implement the provisions of this Code section, the department shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services.
O.C.G.A. § 49-5-222 — GA Code / Title 49 / Chapter 5 / Section 49-5-222
Georgia Code Title 49. Social Services § 49-5-222
Status: in_force

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; however, no family shall be required to accept services for any family member;

(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; however, no family shall be required to accept services for any family member;

(2) Services shall be community based, with decision-making responsibility and management at the community level;

(2) Services shall be community based, with decision-making responsibility and management at the community level;

(3) Services shall be comprehensive, addressing the child's physical, educational, social, and emotional needs;

(3) Services shall be comprehensive, addressing the child's physical, educational, social, and emotional needs;

(4) Agency resources and services shall be shared and coordinated with written interagency agreements detailing linkages;

(4) Agency resources and services shall be shared and coordinated with written interagency agreements detailing linkages;

(5) Services shall be provided in the least restrictive setting consistent with effective services and as close to the child's home as appropriate;

(5) Services shall be provided in the least restrictive setting consistent with effective services and as close to the child's home as appropriate;

(6) Services shall address the unique needs and potential of each child and shall be sufficiently flexible to meet the individual needs of the child and family;

(6) Services shall address the unique needs and potential of each child and shall be sufficiently flexible to meet the individual needs of the child and family;

(7) Services shall promote early identification and intervention;

(7) Services shall promote early identification and intervention;

(8) Services shall be culturally and ethnically sensitive;

(8) Services shall be culturally and ethnically sensitive;

(9) All legal rights of these children shall be protected; and

(9) All legal rights of these children shall be protected; and

(10) The parent or guardian shall be involved in the development of the individualized plan and the delivery of services as defined by the individualized plan.

(10) The parent or guardian shall be involved in the development of the individualized plan and the delivery of services as defined by the individualized plan.
O.C.G.A. § 49-4-142-5 — GA Code / Title 49 / Chapter 4 / Section 49-4-142-5
Georgia Code Title 49. Social Services § 49-4-142.5
Status: in_force

(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 reimbursement for mental health and substance use disorder treatment.

(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 reimbursement for mental health and substance use disorder treatment.

(b) Upon approval of such waiver, the department shall take all necessary steps to provide for payment of such care at private IMDs with Medicaid funds.

(b) Upon approval of such waiver, the department shall take all necessary steps to provide for payment of such care at private IMDs with Medicaid funds.
O.C.G.A. § 49-2-21 — GA Code / Title 49 / Chapter 2 / Section 49-2-21
Georgia Code Title 49. Social Services § 49-2-21
Status: in_force

The commissioner or the commissioner's designee, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this article. Such warrant shall authorize the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated pursuant to a residential child care licensing law.