GA Code § 49-5-7 (2021)
2021 Georgia Code|Title 49 - Social Services|Chapter 5 - Programs and Protection for Children and Youth|Article 1 - Children and Youth Services|§ 49-5-7. Development and Administration of Public Child Welfare and Youth Services

  The department is designated the exclusive state agency:   For development and administration of a comprehensive state plan and program providing public child welfare and youth services provided for in Title IV, Part B, of the federal Social Security Act;   For administering, supervising, and discharging all duties required by any other act of Congress and any amendments thereto that may now or hereafter allot federal funds for public child welfare and youth services coming within the scope of this article;   For administering and supervising local administration of public child welfare and youth services provided for in this article; and   For receiving and expending on behalf of the state all funds which now or hereafter may become available or allotted to this state by virtue of any appropriation or act of Congress or regulation of the federal government, its agencies, and instrumentalities or be appropriated by the General Assembly for public child welfare and youth services to be administered by the department as provided for in this article. The department is authorized to use so much of funds as may be appropriated by the General Assembly for the purpose of matching federal grants for public child welfare and youth services provided for in this article as may be necessary to secure such grants, derive full advantage to the state of benefits contemplated under the terms of such grants, and comply with the terms of such grants.     County or district departments are designated the local public agencies to administer locally the state plan and program for public child welfare and youth services to be developed in accordance with paragraph (1) of subsection (a) of this Code section and other public child welfare and youth services provided for in this article and shall administer them in accordance with rules and regulations to be established by the board. The department shall aid, assist, supervise, coordinate, and direct the administering of such public child welfare and youth services by county or district departments and enforce the rules and regulations of the board in regard thereto.   The cost of all child welfare benefits and services and the cost of administration thereof, authorized by this article, shall be met from such funds as shall be made available therefor from federal and state appropriations. No county shall hereafter be required to participate in the cost of any child welfare benefit or service or in the cost of administration thereof. For the purpose of this subsection, "cost of administration" means salaries and traveling expenses of the county or district director and other employees of the staff of the county or district department engaged in the performance of child welfare and youth services provided for under this article.   Public child welfare and youth services similar to those to be provided by the department under this article and pursuant to Title IV, Part B, of the federal Social Security Act shall, by cooperative agreement or contract by and between the Department of Human Services and county or district departments of family and children services be made available to recipients of and persons who have been or are likely to become recipients of assistance under the temporary assistance for needy families program provided for in Article 5 of Chapter 4 of this title and related federal laws, to include foster home care and other child care referred to in Section 408 of Title IV of the federal Social Security Act. The department is designated the "state public welfare agency" referred to in Sections 408(a) and (f) and 421 of Title IV of the federal Social Security Act.   The commissioner shall, in developing and administering the state plans and programs referred to in paragraph (1) of subsection (a) and in subsection (d) of this Code section, provide by cooperative agreement and contract where necessary for coordination of such plans and programs with a view toward providing welfare and related services on a comprehensive basis that will best promote the welfare of children and youths and their families and best effectuate and coordinate effective implementation and administration of both such plans and programs at the local level of administration.   Nothing in this article is intended to conflict with any federal law or result in loss of eligibility of the department or any other department of state government to any federal funds. In case such a conflict or loss of federal funds should occur by virtue of enactment of any portion of this article, then such portion of this article in conflict with such federal law or otherwise causing loss of such funds is declared to be of no effect and void. The board is authorized and empowered in such event to take such action as may be necessary and to effect such changes within the department as may be necessary to prevent loss of such funds to the department or any other department of state government affected and to secure to the same the full benefit of the federal laws.    (Ga. L. 1963, p. 81, § 9; Ga. L. 1969, p. 996, §§ 1, 3; Ga. L. 1970, p. 451, § 3; Ga. L. 1972, p. 1251, § 1; Ga. L. 1973, p. 563, § 1; Ga. L. 1974, p. 1455, § 1; Ga. L. 1982, p. 3, § 49; Ga. L. 1985, p. 283, § 1; Ga. L. 1986, p. 277, § 2; Ga. L. 1987, p. 3, § 49; Ga. L. 1992, p. 1983, § 27; Ga. L. 1993, p. 91, § 49; Ga. L. 1997, p. 1021, § 7; Ga. L. 2009, p. 453, § 2-2/HB 228.)   Editor's notes.   - Ga. L. 1997, p. 1021, § 10, not codified by the General Assembly, provides for severability.   U.S. Code.   - Title IV, Part B of the federal Social Security Act, referred to in paragraph (a)(1) and subsection (d) of this Code section, is codified at 42 U.S.C. §§ 620 through 626. Sections 408 and 421 of Title IV of the federal Social Security Act, referred to in subsection (d) of this Code section, are codified at 42 U.S.C. §§ 608 and 621, respectively.   Law reviews.   - For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article discussing venue problems in juvenile court practice and suggesting solutions, see 23 Mercer L. Rev. 341 (1972). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 284 (1997).   JUDICIAL DECISIONS   Applicability of section to convicted felons under 18.    - This section was not intended to exclude probationary sentences for convicted felons under 18 years of age. Lockett v. State, 143 Ga. App. 629, 239 S.E.2d 238 (1977).    Department of Human Resources (now Children and Youth Services) loses the right to custody at age 17, when a juvenile is convicted of a felony in the superior court. W.F. v. State, 144 Ga. App. 523, 241 S.E.2d 631 (1978).    Cited in Mathis v. State, 231 Ga. 401, 202 S.E.2d 73 (1973); Brown v. State, 235 Ga. 353, 219 S.E.2d 419 (1975); Carrindine v. Ricketts, 236 Ga. 283, 223 S.E.2d 627 (1976); Allen v. Ricketts, 236 Ga. 294, 223 S.E.2d 633 (1976); In re R.D., 141 Ga. App. 843, 234 S.E.2d 680 (1977).   OPINIONS OF THE ATTORNEY GENERAL   ANALYSIS    General Consideration   Court Jurisdiction and Responsibilities   Department's Custody and Responsibilities   Parole Eligibility   Loss of Civil Rights    RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Welfare Laws, § 8 et seq.   C.J.S.   - 43 C.J.S., Infants, § 8.   ALR.   - Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.   Parent's obligation to support unmarried minor child who refuses to live with parent, 98 A.L.R.3d 334.   Actions under 42 U.S.C.S. § 1983 for violations of Adoption Assistance and Child Welfare Act (42 U.S.C.S. §§ 620 et seq. and 670 et seq.), 93 A.L.R. Fed. 314.