reglab/housing_qa huggingface dataset:
GA Code § 49-5-70 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 3 - Employees' Records Checks for Child Welfare Agencies|§ 49-5-70. Required Cooperation Among State Agencies; Unauthorized Use of Criminal History Record Information

  GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records checks required under this chapter and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor.   Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this chapter, 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.     (Code 1981, §49-5-71, enacted by Ga. L. 1984, p. 1397, § 1; Code 1981, §49-5-70, as redesignated by Ga. L. 1985, p. 963, § 1.)   Editor's notes.   - Ga. L. 1985, p. 963, § 1, had the effect of redesignating former Code Section 49-5-70 as Code Section 49-5-69.   Ga. L. 1985, p. 963, § 1, also redesignated former Code Section 49-5-71 as this Code section.
GA Code § 49-5-71 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 3 - Employees' Records Checks for Child Welfare Agencies|§ 49-5-71. Immunity From Liability for Centers, State Agencies, and Employees

  Neither GCIC, the department, 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.   A center or a child-placing agency, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article.     (Code 1981, §49-5-72, enacted by Ga. L. 1984, p. 1397, § 1; Code 1981, §49-5-71, as redesignated by Ga. L. 1985, p. 963, § 1; Ga. L. 1993, p. 757, § 3.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, a comma was inserted following "director" in subsection (b).   Editor's notes.   - Ga. L. 1985, p. 963, § 1, redesignated former Code Section 49-5-71 as Code Section 49-5-70 and former Code Section 49-5-72 as this Code section.
GA Code § 49-5-72 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 3 - Employees' Records Checks for Child Welfare Agencies|§ 49-5-72. Supplemental Nature of Article's Requirements

 The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.    (Code 1981, §49-5-73, enacted by Ga. L. 1984, p. 1397, § 1; Code 1981, §49-5-72, as redesignated by Ga. L. 1985, p. 963, § 1.)   Editor's notes.   - Ga. L. 1985, p. 963, § 1, redesignated former Code Section 49-5-72 as Code Section 49-5-71 and former Code Section 49-5-73 as this Code section.
GA Code § 49-5-73 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 3 - Employees' Records Checks for Child Welfare Agencies|§ 49-5-73. Applicability of "Georgia Administrative Procedure Act"; Consideration of Matters in Mitigation of Conviction

 A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his discretion, consider matters in mitigation of any conviction, provided the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he will also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this title. If objections are made, the hearing officer will take such objections into consideration in considering the case.    (Code 1981, §49-5-74, enacted by Ga. L. 1984, p. 1397, § 1; Code 1981, §49-5-73, as redesignated by Ga. L. 1985, p. 963, § 1; Ga. L. 1988, p. 1605, § 2.)   Editor's notes.   - Ga. L. 1985, p. 963, § 1, redesignated former Code Section 49-5-73 as Code Section 49-5-72 and former Code Section 49-5-74 as this Code section.
GA Code § 49-5-74 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 3 - Employees' Records Checks for Child Welfare Agencies|§ 49-5-74. Administration of Article

 The department is authorized to provide by regulation for the administration of this article.    (Code 1981, §49-5-74, enacted by Ga. L. 1985, p. 963, § 1.)   Editor's notes.   - Former Code Section 49-5-74 was redesignated as Code Section 49-5-73 by Ga. L. 1985, p. 963, § 1.
GA Code § 49-5-90 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 4 - Emergency Protection of Children in Certain Institutions|§ 49-5-90. Definitions

 As used in this article, the term:    "Child in care" means any person under the age of 17 years who has been admitted to, is cared for, or resides in a facility.   "Commissioner" means the commissioner of human services or his designee.   "Corrective order" means an order by the commissioner detailing the findings of the commissioner or his designee regarding violations of law or rules or regulations of the department by an institution or other conditions threatening the health and safety of residents of the institution and the changes which the commissioner has ordered.   "Department" means the Department of Human Services.   "Emergency order" or "order" means a written directive by the commissioner or his designee ordering the emergency relocation of residents, prohibiting admissions, or placing a monitor in a facility.   "Guardian" means a minor's parent, legal guardian, or conservator.   "Facility" means a child-caring institution or child welfare agency subject to licensure under the provisions of Article 1 of this chapter, unless specifically exempted by the rules and regulations.   "Monitor" means a person, designated by the department, to remain on-site in a facility, as an agent of the department, observing conditions.   "Preliminary hearing" means a hearing held by the department as soon as possible after the order is entered at the request of a facility which has been affected by an emergency order placing a monitor in the facility, relocating residents, or prohibiting admissions in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."     (Code 1981, §49-5-90, enacted by Ga. L. 1986, p. 662, § 1; Ga. L. 2009, p. 453, §§ 2-2, 2-4/HB 228.)
GA Code § 49-5-92 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 4 - Emergency Protection of Children in Certain Institutions|§ 49-5-92. Preliminary Hearing; Department Order; Interim Department Actions

  A request for a preliminary hearing shall be made in writing within five days from the time of service, excepting weekends. The request must be made to the representative of the department designated in the order. Unless a request is made to appear in person, the preliminary hearing shall consist of an administrative review of the record, written evidence submitted by the institution affected, and a preliminary written argument in support of its contentions.   If a request is made to appear in person at the preliminary hearing, the institution shall provide the name and address of the person or persons, if any, who will be representing the institution in the preliminary hearing.   Upon receipt of a request for a preliminary hearing, the department shall set and give notice of the date, time, and location of the preliminary hearing. The preliminary hearing shall be held as soon as possible after a request therefor but in no event later than 72 hours after such request, provided that an institution may request that such hearing be held earlier; provided, however, that in no event will a hearing be held on a weekend or holiday.   If a personal appearance is requested, the preliminary hearing shall consist of a review of the evidence in the record, any additional evidence introduced at the hearing, and any arguments made. A recording shall be made of the hearing.   The department shall, where practicable, issue an immediate oral order and shall, in all instances, issue a written order within four business days after the close of the hearing.   Pending final appeal of the validity of any emergency order issued as provided in this Code section, such emergency order shall remain in full effect until vacated or rescinded by the commissioner or his designee.   The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force.     (Code 1981, §49-5-92, enacted by Ga. L. 1986, p. 662, § 1.)
GA Code § 49-5-111 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 5 - Records Checks for Persons Supervising Children|§ 49-5-111. Employers Authorized to Make Records Checks; Procedure; Retention of Fingerprints

  On and after July 1, 1986, an employer may require that a new or current employee or volunteer submit to a records check for the purpose of determining whether such person has ever been convicted of a crime or has a criminal record.   An employer seeking a records check on an employee shall submit a records check application to the GCIC. Upon receipt thereof, the GCIC shall promptly conduct a search of its records and records to which it has access. Within a reasonable time after receiving the application, the GCIC shall notify the employer in writing of any criminal record finding or of the fact of no such finding.   If the employer is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this article for such program and the employer shall notify the individual whose fingerprints were taken of the parameters of such retention.     (Code 1981, §49-5-111, enacted by Ga. L. 1986, p. 669, § 1; Ga. L. 2018, p. 507, § 2-19/SB 336.)    The 2018 amendment,  effective July 1, 2018, added subsection (c).   Law reviews.   - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).
GA Code § 49-5-112 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 5 - Records Checks for Persons Supervising Children|§ 49-5-112. Cooperation of Law Enforcement Agencies; Penalty for False Information

  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.   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.     (Code 1981, §49-5-112, enacted by Ga. L. 1986, p. 669, § 1.)
GA Code § 49-5-113 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 5 - Records Checks for Persons Supervising Children|§ 49-5-113. Personal Liability; Disciplinary Action

  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.   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.     (Code 1981, §49-5-113, enacted by Ga. L. 1986, p. 669, § 1.)
GA Code § 49-5-114 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 5 - Records Checks for Persons Supervising Children|§ 49-5-114. Other Laws Requiring Records Checks

 This article shall be cumulative of and in addition to any other law requiring or permitting employees' records checks and shall not relieve any person from any duty or requirement under such other laws.    (Code 1981, §49-5-114, enacted by Ga. L. 1986, p. 669, § 1.)
GA Code § 49-5-115 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 5 - Records Checks for Persons Supervising Children|§ 49-5-115. Letter Issued by Department of Early Care and Learning in Lieu of Background Screening or Fingerprint Checks

 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.    (Code 1981, §49-5-115, enacted by Ga. L. 2017, p. 481, § 1/HB 250.)
GA Code § 49-5-160 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 7 - Registration of Organizations Providing Services to Runaway and Homeless Youth|§ 49-5-160. Definitions; Qualifications

 As used in this article, the term:    "Licensed" means an individual who has been licensed pursuant to Chapter 10A, 26, 34, or 39 of Title 43.   "Organization" means a nonprofit charitable organization which is exempt from taxation under the provisions of Section 501(c)(3) of the United States Internal Revenue Code, which:   Serves children who have run away or children who are homeless;   Has qualified staff on duty at all hours the organization is open for service; and   Employs at least one individual who is licensed pursuant to Chapter 10A, 26, 34, or 39 of Title 43.     "Qualified staff" means having:   All staff who directly interact with children receive training on emergency evacuation procedures, service protocols, and the mandatory child abuse reporting requirements set forth in Code Section 19-7-5; and   All staff have had a criminal record check conducted in accordance with Article 5 of this chapter.       (Code 1981, §49-5-160, enacted by Ga. L. 2011, p. 470, § 4/SB 94.)
GA Code § 49-5-161 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 7 - Registration of Organizations Providing Services to Runaway and Homeless Youth|§ 49-5-161. Registration and Form Required; Fee; Issuance of Certificate

  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 registrant shall be required to pay an annual registration fee of $25.00.   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.     (Code 1981, §49-5-161, enacted by Ga. L. 2011, p. 470, § 4/SB 94.)
GA Code § 49-5-162 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 7 - Registration of Organizations Providing Services to Runaway and Homeless Youth|§ 49-5-162. Policies; Qualified Staff; Proof of Liability Coverage

  The department shall require organizations to have reasonable:   Written policies and procedures for admission, intake, and record keeping;   Written policies regarding treatment and referrals for mental, physical, and emotional health;   Written policies for reports of actual or alleged injuries at an organization's premises; and   Proof of having qualified staff.     The department shall require that organizations:   Photograph all minors considered for admission by the organization;   Have proof of liability insurance coverage sufficient to protect the clients of the organization's facility; and   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.       (Code 1981, §49-5-162, enacted by Ga. L. 2011, p. 470, § 4/SB 94.)
GA Code § 49-5-163 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 7 - Registration of Organizations Providing Services to Runaway and Homeless Youth|§ 49-5-163. Display of Registration; Inspection of Facilities; Investigation

  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.   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.   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.     (Code 1981, §49-5-163, enacted by Ga. L. 2011, p. 470, § 4/SB 94.)
GA Code § 49-5-164 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 7 - Registration of Organizations Providing Services to Runaway and Homeless Youth|§ 49-5-164. Registered Organization Not Exempt

 Nothing in this article shall be construed to exempt a registered organization from the requirements of Code Section 49-5-12 for minors who are present with a service provider longer than 72 hours after the minor has accepted services.    (Code 1981, §49-5-164, enacted by Ga. L. 2011, p. 470, § 4/SB 94.)
GA Code § 49-5-180 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 8 - Central Child Abuse Registry|§ 49-5-180. Through 49-5-187

 Reserved. Repealed by Ga. L. 2020, p. 181, § 7/HB 993, effective July 1, 2020.   Editor's notes.   - Ga. L. 2015, p. 552, § 11/SB 138, effective July 1, 2015, repealed the Code sections formerly codified at Title 49, Chapter 5, Article 8 and enacted the current Title 49, Chapter 5, Article 8. The former Title 49, Chapter 5, Article 8 consisted of Code Sections 49-5-180 through 49-5-183, 49-5-183.1, and 49-5-184 through 49-5-187, relating to the central child abuse registry, and was based on Ga. L. 1990, p. 1772, § 1; Ga. L. 1991, p. 1320, § 4; Ga. L. 1995, p. 937, § 2; Ga. L. 1996, p. 1143, §§ 2, 3 and 4; Ga. L. 1998, p. 128, § 49; Ga. L. 1998, p. 609, § 6; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2011, p. 99, § 93/HB 24; Ga. L. 2013, p. 222, § 20/HB 349.   This article consisted of Code Sections 49-5-180 through 49-5-183, 49-5-183.1, and 49-5-184 through 49-5-187, relating to the central child abuse registry, and was based on Ga. L. 2015, p. 552, § 11/SB 138; Ga. L. 2016, p. 773, § 8/HB 905; Ga. L. 2016, p. 864, § 49/HB 737; Ga. L. 2017, p. 345, § 2/SB 168; Ga. L. 2019, p. 770, §§ 1 - 4 /HB 478.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2020, the amendment of Code Section 49-5-184 by Ga. L. 2020, p. 493, § 49/SB 429 was not given effect as the provisions of Ga. L. 2020, p. 493, § 54(e)/SB 429, provided that: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2020 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.”
GA Code § 49-5-200 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 9 - Family Preservation and Child Protection|§ 49-5-200. Through 49-5-209

 Reserved. Repealed by Ga. L. 1990, p. 1986, § 2, effective January 1, 1993.   Editor's notes.   - This article was based on Ga. L. 1990, p. 1986, § 1; Ga. L. 1991, p. 435, §§ 14-16; and Ga. L. 1992, p. 6, § 49.   Ga. L. 2021, p. 922, § 49/HB 497, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, reserved the designation of this article.