GA Code § 49-5-8 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 1 - Children and Youth Services|§ 49-5-8. Powers and Duties of Department

  The Department of Human Services is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide:   Preventive services as follows:   Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency and delinquency among the children of this state; and   Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems;     Child welfare services as follows:   Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency or delinquency. The department shall be authorized to contract with, certify, or partner with licensed child-placing agencies to assist with or provide such casework services;   Protective services that will investigate complaints of abuse or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;   Supervising and providing required services and care involved in the interstate placement of children;   Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother;   Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes;   Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth;   Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision; and   Casework services and care to all children and youths where the parent, custodian, or guardian has placed such children in the custody of the department by voluntary agreement, until such agreement is revoked by the parent, custodian, or guardian upon request that such children be returned to the parent, custodian, or guardian or to another relative or the voluntary agreement expires; provided, however, that nothing in this subparagraph shall prohibit the department from obtaining an order placing such children in its custody in accordance with Article 3 of Chapter 11 of Title 15. The department shall be authorized to contract with, certify, or partner with licensed child-placing agencies to assist with or provide such casework services;     Services to courts, upon their request, as follows:   Accepting for casework services and care all children and youths whose legal custody is vested in the department by the court;   Providing shelter or custodial care for children prior to examination and study or pending court hearing;   Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and   Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 4B of this title;     Regional group-care facilities for the purpose of:   Providing local authorities an alternative to placing any child in a common jail;   Shelter care prior to examination and study or pending a hearing before juvenile court;   Detention prior to examination and study or pending a hearing before juvenile court; and   Study and diagnosis pending determination of treatment or a hearing before juvenile court;     Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions;   Regulation of child-placing agencies, child-caring institutions, and maternity homes by:   Establishing rules and regulations for and providing consultation on such rules and regulations for all such agencies, institutions, and homes; and   Licensing and inspecting periodically all such agencies, institutions, and homes to ensure their adherence to established standards as prescribed by the department;     Adoption services, as follows:   Supervising the work of all child-placing agencies when funds are made available;   Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes;   Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption;   Inquiring into the character and reputation of persons making application for the adoption of children;   Placing children for adoption;   Providing financial assistance to families adopting children once the child has been placed for adoption, determined eligible for assistance, and the adoption assistance agreement has been signed prior to the finalization of the adoption by all parties. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 100 percent of the amount that would have been paid for boarding such child in a family foster home and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance;   Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and   Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services;     Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youths authorized in this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Paragraph I of the Constitution of Georgia;   Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians;   Preparation, education, and training for foster parents which will provide them with the appropriate knowledge and skills to provide for the needs of foster children, including knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, and continue such preparation, as necessary, after the placement of the children. The department shall be authorized to require varying levels of initial and annual training based on the experience of the foster parents, the age and needs of the foster child or children, and whether the foster parents are providing only respite care. All or part of such training may be offered online;   Each youth who is leaving foster care by reason of having attained 18 years of age, unless the child has been in foster care for less than six months, with, if the child is eligible to receive such document, an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commissioner of Social Security, health insurance information, a copy of the child's medical records, a driver's license or identification card issued by a state in accordance with the requirements of Section 202 of the REAL ID Act of 2005, and any official documentation necessary to prove that the child was previously in foster care. Provision of records in accordance with this paragraph shall not be considered a violation of subsection (b) of Code Section 49-5-40; and   Extended care youth services for youths between 18 and 21 years of age as set forth in Article 4A of Chapter 11 of Title 15 and to receive federal reimbursement for providing such services in accordance with 42 U.S.C. Section 675, as it existed on February 1, 2018.     The department is authorized to perform such other duties as may be required under related statutes.     As used in paragraph (2) of this subsection, the term "state" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or any territory or possession of or territory or possession administered by the United States.   The Department of Human Services is authorized to enter into interstate compacts, on behalf of this state, with other states to provide for the reciprocal provision of adoption assistance services.   The purpose of paragraphs (1) and (2) of this subsection is to comply with the requirements of the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) and Part E of Title IV of the Social Security Act and to assure that recipients of adoption assistance in Georgia who change their residences to other states receive adoption assistance services, other than adoption assistance payments, from their new states of residence.       As used in this subsection, the term "sexually exploited child" shall have the same meaning as set forth in Code Section 15-21-201.   The department, in consultation with the Office of the Child Advocate for the Protection of Children, the Criminal Justice Coordinating Council, and law enforcement officials, shall develop a plan for the delivery of services to sexually exploited children, victims of trafficking of persons for labor servitude, and such children and persons who are at risk of becoming victims of such offenses. In developing such plan, the department shall work with state and federal agencies, public and private entities, and other stakeholders as it deems appropriate and shall periodically review such plans to ensure appropriate services are being delivered. Such plan shall include:   Identifying children who need services;   Providing assistance with applications for federal and state benefits, compensation, and services;   Coordinating the delivery of physical and mental health, housing, education, job training, child care, legal, and other services;   Preparing and disseminating educational and training materials to increase awareness of available services;   Developing and maintaining community based services;   Providing assistance with family reunification or repatriation to a country of origin; and   Providing law enforcement officials assistance in identifying children in need of such services.        (Ga. L. 1963, p. 81, § 11; Ga. L. 1969, p. 939, § 1; Ga. L. 1971, p. 351, § 1; Ga. L. 1973, p. 946, § 1; Ga. L. 1982, p. 3, § 49; Ga. L. 1983, p. 3, § 65; Ga. L. 1984, p. 22, § 49; Ga. L. 1985, p. 518, § 1; Ga. L. 1988, p. 1945, § 1; Ga. L. 1990, p. 8, § 49; Ga. L. 1992, p. 1983, § 28; Ga. L. 1993, p. 1969, § 3; Ga. L. 1994, p. 409, § 1; Ga. L. 1995, p. 1302, § 13; Ga. L. 1997, p. 1697, § 1; Ga. L. 2004, p. 645, § 8; Ga. L. 2009, p. 100, § 1/HB 237; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2013, p. 294, § 4-55/HB 242; Ga. L. 2014, p. 763, § 3-3/HB 898; Ga. L. 2015, p. 552, § 6/SB 138; Ga. L. 2015, p. 675, § 4-3/SB 8; Ga. L. 2016, p. 864, § 49/HB 737; Ga. L. 2018, p. 927, § 2-1/HB 906; Ga. L. 2019, p. 893, § 10/SB 225; Ga. L. 2020, p. 191, § 4/HB 912.)    The 2013 amendment,  effective January 1, 2014, deleted ", deprivation," following "dependency" in subparagraphs (a)(1)(A) and (a)(2)(A), and substituted "complaints of abuse or abandonment" for "complaints of deprivation, abuse, or abandonment" near the beginning of subparagraph (a)(2)(B). See editor's note for applicability.    The 2014 amendment,  effective July 1, 2014, substituted "Chapter 4B of Title 49" for "Chapter 3 of Title 39" at the end of subparagraph (a)(3)(D).    The 2015 amendments.  The first 2015 amendment, effective July 1, 2015, in paragraph (a)(2), deleted "and" at the end of subparagraph (F), added "and" at the end of subparagraph (G), and added subparagraph (H); deleted "and" at the end of paragraph (a)(8), substituted a semicolon for the period at the end of subparagraph (a)(9), and added paragraphs (a)(10) and (a)(11). The second 2015 amendment, effective July 1, 2015, added subsection (d).    The 2016 amendment,  effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "Chapter 4B of this title" for "Chapter 4B of Title 49" at the end of subparagraph (a)(3)(D).    The 2018 amendment,  effective July 1, 2018, deleted "and" at the end of paragraph (a)(10), substituted "; and" for the period at the end of paragraph (a)(11), and added paragraph (a)(12).    The 2019 amendment,  effective May 7, 2019, in paragraph (a)(11), in the first sentence, substituted "a driver's license" for "and driver's license" near the end and added ", and any official documentation necessary to prove that the child was previously in foster care" at the end.    The 2020 amendment,  effective July 1, 2020, added the last sentence in subparagraphs (a)(2)(A) and (a)(2)(H); and added the last two sentences in paragraph (a)(10).   Cross references.   - Interstate Compact on the Placement of Children, T. 39, C. 4.    Powers and duties of Department of Early Care and Learning including requiring notice of absence of liability insurance coverage, § 20-1A-4.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1985, in paragraph (c)(3) a repetitive "96-" was deleted preceding "96-272".   Pursuant to Code Section 28-9-5, in 1990, "Part E of Title IV" was substituted for "Title IVE" in paragraph (c)(3).   Pursuant to Code Section 28-9-5, in 2019, in paragraph (a)(11), "social security card" was substituted for "social security care" and "identification card issued" was substituted for "identification card issues".   Editor's notes.   - Ga. L. 1993, p. 1969, contains two sections numbered as "1". The language quoted below is from the first Section 1 of that Act.   Ga. L. 1993, p. 1969, § 1, not codified by the General Assembly, provides: "The General Assembly estimates that up to $6 million will be saved on an annual basis when the provisions of Code Sections 49-4-112, 49-4-113, and 49-4-115 are fully implemented for complete fiscal years. It is the intent of the General Assembly that such cost savings realized by the implementation of these three Code sections be redirected into the Aid to Families with Dependent Children program in the following priorities:   "(1) Extension of transitional Medicaid for up to 24 months provided a federal waiver is obtained;   "(2) Expansion of PEACH program slots; and   "(3) Child care assistance for low-income working families."   Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."   Ga. L. 2015, p. 675, § 1-1/SB 8, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Safe Harbor/Rachel's Law Act.' "   Ga. L. 2015, p. 675, § 1-2/SB 8, not codified by the General Assembly, provides: "(a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their feelings of low self-esteem, making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable assessments and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that allow the sale, possession, or consumption of alcohol on premises and that provide to their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. The General Assembly acknowledges that many local governments in this state and in other states found deleterious secondary effects of adult entertainment establishments are exacerbated by the sale, possession, or consumption of alcohol in such establishments.   "(b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing assessments and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state."   Code Section 15-21-201, referenced in paragraph (d)(1), was enacted by Ga. L. 2015, p. 675, § 3-1/SB 8. Ga. L. 2015, p. 675, § 6-1(b)/SB 8, not codified by the General Assembly, provides that this article "shall become effective on January 1, 2017, provided that a constitutional amendment is passed by the General Assembly and is ratified by the voters in the November, 2016, General Election amending the Constitution of Georgia to authorize the General Assembly to provide specific funding to the Safe Harbor for Sexually Exploited Children Fund. If such an amendment to the Constitution of Georgia is not so ratified, then Part 3 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2017." The constitutional amendment was approved by the voters in November, 2016.   U.S. Code.   - The federal Adoption Assistance and Child Welfare Act of 1980, referred to in this Code section, is codified principally at 42 U.S.C. § 602 et seq.   Part E of Title IV of the federal Social Security Act, referred to in this Code section, is codified at 42 U.S.C. 670 et seq.   Administrative Rules and Regulations.   - Rules and regulations for child-placing agencies, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Office of Regulatory Services, Chapter 290-9-2.   Law reviews.   - For article criticizing parental rights doctrine and advocating best interests of child doctrine in parent-third party custody disputes, see 27 Emory L.J. 209 (1978). For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 43 (2015). For note on the 1994 amendment of this Code section, see 11 Ga. St. U. L. Rev. 258 (1994). For note, "The Georgia Tort Claims Act: A License for Negligence in Child Deprivation Cases?," see 18 Ga. St. U. L. Rev. 795 (2002).   JUDICIAL DECISIONS   Regional youth development centers.    - Department has the authority and responsibility to establish policies and standards governing regional youth development centers. Jones v. State, 134 Ga. App. 611, 215 S.E.2d 483 (1975).    Juvenile courts are not to determine whether a Department of Human Resources facility is up to standard. Jones v. State, 134 Ga. App. 611, 215 S.E.2d 483 (1975).   DFCS investigator's determination of child abuse registry listing did not violate separation of powers.    - Under the former Child Protective Services Information System, O.C.G.A. § 49-5-180 et seq. (now repealed), an alleged child abuser had the right to a hearing before an administrative law judge, who makes the final agency decision after hearing evidence and argument from the alleged abuser and from DFCS. The role of the abuse investigator in the determination of whether an incident should be in the child abuse registry did not violate the constitutional principle of separation of powers. Ga. Dep't of Human Servs. v. Steiner, 303 Ga. 890, 815 S.E.2d 883 (2018).    Cited in Sanchez v. Walker County Dep't of Family & Children Servs., 237 Ga. 406, 229 S.E.2d 66 (1976); Department of Human Resources v. Ledbetter, 153 Ga. App. 416, 265 S.E.2d 337 (1980).   OPINIONS OF THE ATTORNEY GENERAL   Payment of travel expenses authorized.    - Inasmuch as the creation of an advisory council was within the scope of Ga. L. 1937, p. 355 (see O.C.G.A. §§ 49-2-1 and49-2-7), it follows that the payment of the out-of-pocket travel expenses to enable the council to function efficiently and thus assist in the accomplishment of the department's express statutory duties as set forth in Ga. L. 1963, p. 81, §§ 9 and 24 (see O.C.G.A. §§ 49-2-6 and49-5-7 et seq.) must also be an implied power, such disbursement being incidental to and reasonably necessary to the accomplishment of the department's purpose, duties, and responsibilities. 1963-65 Op. Att'y Gen. p. 320.   School official not liable for good faith involvement.   - School official would not be held liable in a legal action founded upon the official's good faith reference of a child neglect, abuse, or abandonment situation to a county department of family and children services for investigation, or, upon the official's assistance in such investigation by permitting the child to be interviewed at the school or in the offices of the county department during school hours. 1963-65 Op. Att'y Gen. p. 746.   Establishment of admission or discharge policies which negate court detention orders.   - Department does not have the authority to establish policies for admission to or discharge from regional youth development centers which negate detention orders of the juvenile court or superior court; however, the department does have the authority to establish standards and policies supplementary to the detention orders. 1974 Op. Att'y Gen. No. 74-139.   County departments to provide medical services.   - This section authorizing the Division for Children and Youth (now Division of Family and Children Services of the Department of Human Resources) to provide medical services, or the cost of such services, to children subject to the department's "supervision and control," would apply to children in the custody of county departments of family and children services. 1971 Op. Att'y Gen. No. 71-138.   "Supervision and control" over children committed to county departments.   - Any child committed to the custody of a county department of family and children services is under the "supervision and control" of the Division for Children and Youth (now Department of Children and Youth Services). 1971 Op. Att'y Gen. No. 71-138.   Responsibility of department to transport juveniles to departmental facilities.   - It is the responsibility, including the payment of the cost therefor, of the department to transport juveniles, which have been adjudged to be delinquent and committed to the department, from regional youth development centers to state centers inasmuch as both regional and state centers are part of the total facilities of the department which have been established for the care, treatment, and rehabilitation of juveniles committed to the custody of the department. 1969 Op. Att'y Gen. No. 69-360.   Department authorized to contract with counties for land purchases or transfers.   - Division for Children and Youth (now Department of Children and Youth Services) is authorized to contract with a county for the purchase or transfer of land to be used for a maximum security child detention center. 1970 Op. Att'y Gen. No. 70-104; 1970 Op. Att'y Gen. No. 70-187.    Department may contract with a county to construct and equip  a temporary care facility for youths, pending juvenile delinquency proceedings, provided that funds appropriated from the Governor's Emergency Fund do not create a continuing obligation for the state. 1970 Op. Att'y Gen. No. 70-119.   Parents' consent to placement of children without legal action.   - Department may request that parents consent to placement of their children outside the family home without the department instituting legal action as long as the requirements for voluntary placement are met. 1996 Op. Att'y Gen. No. U96-6.   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Adoption, § 31. 23 Am. Jur. 2d, Desertion and Nonsupport, § 29 et seq. 41 Am. Jur. 2d, Illegitimate Children, § 1. 42 Am. Jur. 2d, Infants, § 15 et seq.   C.J.S.   - 2 C.J.S., Adoption, §§ 1 et seq., 49. 43 C.J.S., Infants, §§ 4, 5, 16 et seq. 67A C.J.S., Parent and Child, § 359 et seq.   ALR.   - Construction and application of agreement by medical or social work student to work in the particular position or at particular location in exchange for financial aid in meeting costs of education, 83 A.L.R.3d 1273.   Parent's obligation to support unmarried minor child who refuses to live with parent, 98 A.L.R.3d 334.