reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 49-5-64 - Fingerprint records check; retention

(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.
Amended by 2018 Ga. Laws 411,§ 2-16, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 49-5-65 - Determination on the basis of fingerprint records check; revocation of license

After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section
49-5-64
, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that determination, that applicant shall designate another director for such facility for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections
49-5-62
through
49-5-64
and this Code section to obtain state and national fingerprint records check determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements of this Code section and Code Section
49-5-63
to receive satisfactory state and national fingerprint determinations on the director or to comply with Code Section
49-5-63
regarding employees other than the director.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 49-5-65.1 - [Repealed] Employment of persons who have entered plea of guilty or nolo contendere to specified offenses

Amended by 2004 Ga. Laws 565, § 12, eff. 10/1/2004
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 49-5-66 - Separate license and director for each center

Each center shall be required to obtain a separate license and shall have a separate director for each center.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 49-5-70 - Required cooperation among state agencies; unauthorized use of criminal history record information

(a)
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.
(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 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.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 49-5-71 - Immunity from liability for centers, state agencies, and employees

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 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.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 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.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 3 - EMPLOYEES' RECORDS CHECKS FOR DAY-CARE CENTERS (§§ 49-5-60 — 49-5-74) › Section 49-5-74 - Administration of article

The department is authorized to provide by regulation for the administration of this article.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 4 - EMERGENCY PROTECTION OF CHILDREN IN CERTAIN INSTITUTIONS (§§ 49-5-90 — 49-5-92) › Section 49-5-90 - Definitions

As used in this article, the term:
(1)
"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.
(2)
"Commissioner" means the commissioner of human services or his designee.
(3)
"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.
(4)
"Department" means the Department of Human Services.
(5)
"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.
(6)
"Guardian" means a minor's parent, legal guardian, or conservator.
(7)
"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.
(8)
"Monitor" means a person, designated by the department, to remain on-site in a facility, as an agent of the department, observing conditions.
(9)
"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."
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 4 - EMERGENCY PROTECTION OF CHILDREN IN CERTAIN INSTITUTIONS (§§ 49-5-90 — 49-5-92) › Section 49-5-92 - Preliminary hearing; department order; interim department actions

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 5 - RECORDS CHECKS FOR PERSONS SUPERVISING CHILDREN (§§ 49-5-110 — 49-5-115) › Section 49-5-110 - Definitions

As used in this article, the term:
(1)
"Conviction" means a finding or verdict of guilty or a plea of guilty.
(2)
"Crime" means a violation of Code Section
16-5-23
when the victim is a minor; a violation of Code Section
16-5-24
when the victim is a minor; a violation of Code Section
16-5-70
; a violation of Code Section
16-12-1
; a violation of Chapter 6 of Title 16, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16; a violation of Code Section
16-5-1
; a violation of Code Section
16-4-1
as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph.
(3)
"Criminal record" means:
(A)
Conviction of a crime;
(B)
Arrest, charge, and sentencing for a crime where adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this subparagraph shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or
(C)
Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.
(4)
"Employer" means any person, organization, corporation, or political subdivision which employs or uses the services of paid employees or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children.
(5)
"GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
(6)
"GCIC information" means criminal history record information as defined in Code Section
35-3-30
.
(7)
"Records check" means a records check comparison of GCIC information.
(8)
"Records check application" means a set of classifiable fingerprints, a records search fee in an amount to be determined by the Georgia Bureau of Investigation to cover the reasonable cost of such records check, payable in such form as the GCIC may direct to cover the cost of a records check under this article, and an affidavit by the applicant consenting to a records check and disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state.
Amended by 2013 Ga. Laws 127,§ 4-58, eff. 1/1/2014.
Amended by 2013 Ga. Laws 33,§ 49, eff. 2/24/2013.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 5 - RECORDS CHECKS FOR PERSONS SUPERVISING CHILDREN (§§ 49-5-110 — 49-5-115) › Section 49-5-111 - Employers authorized to make records checks; procedure; retention of fingerprints

(a)
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.
(b)
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.
(c)
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.
Amended by 2018 Ga. Laws 411,§ 2-19, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 5 - RECORDS CHECKS FOR PERSONS SUPERVISING CHILDREN (§§ 49-5-110 — 49-5-115) › Section 49-5-112 - Cooperation of law enforcement agencies; penalty for false information

(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.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 5 - RECORDS CHECKS FOR PERSONS SUPERVISING CHILDREN (§§ 49-5-110 — 49-5-115) › Section 49-5-113 - Immunity from liability; disciplinary action

(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
.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 5 - RECORDS CHECKS FOR PERSONS SUPERVISING CHILDREN (§§ 49-5-110 — 49-5-115) › Section 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.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 5 - RECORDS CHECKS FOR PERSONS SUPERVISING CHILDREN (§§ 49-5-110 — 49-5-115) › Section 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.
Added by 2017 Ga. Laws 191,§ 1, eff. 5/8/2017.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 1 - GENERAL PROVISIONS (§§ 49-5-130 — 49-5-135) › Section 49-5-130 - Legislative findings and intent

The General Assembly finds and declares:
(1)
That the future of this state depends on our supporting and nurturing the creation and development of strong, safe, stable, and successful families. Therefore, the General Assembly is committed to ensuring the provision of appropriate services to children, youth, and families. The intent of this article is to provide for the effective coordination and communication between providers of prevention and early intervention services for children and youth and juvenile justice and child welfare systems at all levels of state government;
(2)
That consolidating multiple child welfare and juvenile justice funding and policy agencies into a single agency with authority to address the needs of at-risk children from birth through adolescence will create a more unified, consistent approach to addressing the needs of our state's children and youth; and
(3)
Its intent to reduce the number of children committed by the courts to institutions operated by the Department of Juvenile Justice and the Department of Human Services or other state agencies and to provide a preventive, comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility. Additionally, it is the intent of this part to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community.
Amended by 2013 Ga. Laws 33,§ 49, eff. 2/24/2013.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2008 Ga. Laws 562,§ 9, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 1 - GENERAL PROVISIONS (§§ 49-5-130 — 49-5-135) › Section 49-5-131 - Definitions

As used in this part, the term:
(1)
"Board" means the advisory board to the Governor's Office for Children and Families created pursuant to Code Section
49-5-134
.
(2)
"Child" means a person under the age of 17 years who is alleged to have committed a delinquent act or a person under the age of 18 years who is alleged to be a dependent child or is alleged to be a child in need of services as those terms are defined by Code Section
15-11-2
.
(3)
"Director" means the executive director of the Governor's Office for Children and Families.
(4)
"'Fund" means the State Children's Trust Fund created pursuant to Code Section
19-14-20
.
(5)
"Neglect" means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
(6)
"Office" means the Governor's Office for Children and Families created pursuant to Code Section
49-5-132
.
(7)
"Prevention program" means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect.
Amended by 2021 Ga. Laws 290,§ 20, eff. 7/1/2022.
Amended by 2013 Ga. Laws 127,§ 4-59, eff. 1/1/2014.
Amended by 2009 Ga. Laws 8,§ 49, eff. 4/14/2009.
Amended by 2008 Ga. Laws 562,§ 9, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 1 - GENERAL PROVISIONS (§§ 49-5-130 — 49-5-135) › Section 49-5-133 - Executive director; appointment; contracting with other agencies

(a)
There shall be an executive director of the office who shall be appointed by and serve at the pleasure of the Governor.
(b)
The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports as will best enable the office to carry out its functions, responsibilities, and duties under this article. The director is specifically authorized to enter into cooperative contracts for the sharing of staff expertise and personnel with the Office of the Child Advocate for the Protection of Children.
Amended by 2008 Ga. Laws 562,§ 9, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 1 - GENERAL PROVISIONS (§§ 49-5-130 — 49-5-135) › Section 49-5-134 - Advisory board established; membership; officers and committees; compensation

(a)
There is established an advisory board to the office which shall consist of at least 15 members appointed by the Governor who as a group have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, early childhood, primary and secondary education, or the administration of juvenile justice.
(b)
At least one-fifth of the members of the advisory board shall be under the age of 24 at the time of their appointment, and at least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system or the foster care system. A single member may fulfill both of the above requirements.
(c)
Membership on the advisory board does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership.
(d)
The advisory board shall elect a chairperson from among its membership. The advisory board may elect such other officers and committees as it considers appropriate.
(e)
Members shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in compliance with travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.
Amended by 2008 Ga. Laws 562,§ 9, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 1 - GENERAL PROVISIONS (§§ 49-5-130 — 49-5-135) › Section 49-5-135 - Powers and duties of advisory board

(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.
(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.
Amended by 2021 Ga. Laws 290,§ 22, eff. 7/1/2022.
Amended by 2008 Ga. Laws 562,§ 9, eff. 7/1/2008.
Amended by 2001 Ga. Laws 176, § 1, eff. 4/1/2001.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 2 - DELINQUENCY PREVENTION AND COMMUNITY BASED SERVICES (§§ 49-5-150 — 49-5-155) › Section 49-5-150 - Legislative policy and intent

The policy and intent of the General Assembly in delinquency and other child related problems and community based services can be summarized as follows:
(1)
Such programs should be planned and organized at the community level within the state, and such planning efforts should include appropriate representation from local government, local agencies serving families and children, both public and private, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the state should be to provide technical assistance, access to funding, program information, and assistance to local leadership in appropriate planning;
(2)
When a child is adjudicated to be within the jurisdiction of the juvenile court or other state agencies, such child should be carefully evaluated through the available community-level resources including a comprehensive team of mental health providers, social services providers, public health and other available medical providers, public schools, and others, as appropriate, prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet those needs;
(3)
It is contrary to the policy of the state for a court to separate a child from his or her own family or commit a child to an institution without a careful evaluation of the needs of the child;
(4)
The General Assembly finds that state and local government should be responsive to the need for community based services which would provide an alternative to commitment to an institution. The General Assembly intends that state government should be responsive to this need through the council by helping public and private local groups to plan, develop, and fund community based programs, both residential and nonresidential;
(5)
It is the intent of the General Assembly that the council develop a funding mechanism that will provide state support for programs that meet the standards developed under the provisions of this part.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 2 - DELINQUENCY PREVENTION AND COMMUNITY BASED SERVICES (§§ 49-5-150 — 49-5-155) › Section 49-5-152 - Purchase of care or services from public or private agencies

The council and any other appropriate state or local agency are authorized to purchase care or services from public or private agencies providing delinquency or other prevention programs or community based services, provided the program meets the state standards as authorized by Code Section
49-5-151
.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 2 - DELINQUENCY PREVENTION AND COMMUNITY BASED SERVICES (§§ 49-5-150 — 49-5-155) › Section 49-5-153 - Annual report

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.
Amended by 2005 Ga. Laws 333,§ 40, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 2 - DELINQUENCY PREVENTION AND COMMUNITY BASED SERVICES (§§ 49-5-150 — 49-5-155) › Section 49-5-154 - Study of youth needs

The governing authority of each participating county shall establish a local advisory group which includes representation from each component of the local children's services systems and other interested parties. The advisory group shall appraise the council on the needs of children and youth in its community giving particular attention to the need for prevention programs and community based services, residential or nonresidential, which would provide an alternative to commitment to or placement or custody in the Department of Juvenile Justice or the Department of Human Services and placement in any juvenile detention facility as defined in Code Section
49-4A-1
. Such appraisal shall be made annually and in writing. The governing authority of the county may request technical assistance from the council in conducting such study.
Amended by 2013 Ga. Laws 127,§ 4-60, eff. 1/1/2014.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 6 - PROGRAMS AND PROTECTION FOR CHILDREN (§§ 49-5-130 — 49-5-156) › Part 2 - DELINQUENCY PREVENTION AND COMMUNITY BASED SERVICES (§§ 49-5-150 — 49-5-155) › Section 49-5-155 - Effect of article on Department of Juvenile Justice; office as recipient entity for federal grants

(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.
Amended by 2015 Ga. Laws 132,§ 8, eff. 7/1/2015.
Amended by 2008 Ga. Laws 562,§ 12, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 7 - REGISTRATION OF ORGANIZATIONS PROVIDING SERVICES TO RUNAWAY AND HOMELESS YOUTH (§§ 49-5-160 — 49-5-164) › Section 49-5-160 - Definitions

As used in this article, the term:
(1)
"Licensed" means an individual who has been licensed pursuant to Chapter 10A, 26, 34, or 39 of Title 43.
(2)
"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:
(A)
Serves children who have run away or children who are homeless;
(B)
Has qualified staff on duty at all hours the organization is open for service; and
(C)
Employs at least one individual who is licensed pursuant to Chapter 10A, 26, 34, or 39 of Title 43.
(3)
"Qualified staff" means having:
(A)
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
(B)
All staff have had a criminal record check conducted in accordance with Article 5 of this chapter.
Added by 2011 Ga. Laws 115,§ 4, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 7 - REGISTRATION OF ORGANIZATIONS PROVIDING SERVICES TO RUNAWAY AND HOMELESS YOUTH (§§ 49-5-160 — 49-5-164) › Section 49-5-161 - Registration and form required; fee; issuance of certificate

(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.
(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.
Added by 2011 Ga. Laws 115,§ 4, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 7 - REGISTRATION OF ORGANIZATIONS PROVIDING SERVICES TO RUNAWAY AND HOMELESS YOUTH (§§ 49-5-160 — 49-5-164) › Section 49-5-162 - Policies; qualified staff; proof of liability coverage

(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.
(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.
Added by 2011 Ga. Laws 115,§ 4, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 7 - REGISTRATION OF ORGANIZATIONS PROVIDING SERVICES TO RUNAWAY AND HOMELESS YOUTH (§§ 49-5-160 — 49-5-164) › Section 49-5-163 - Display of registration; inspection of facilities; investigation

(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.
(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.
Added by 2011 Ga. Laws 115,§ 4, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 7 - REGISTRATION OF ORGANIZATIONS PROVIDING SERVICES TO RUNAWAY AND HOMELESS YOUTH (§§ 49-5-160 — 49-5-164) › Section 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.
Added by 2011 Ga. Laws 115,§ 4, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 8 - CENTRAL CHILD ABUSE REGISTRY (§ 49-5-180) › Section 49-5-180 - through 49-5-187 - [Reserved]

Reserved. Repealed by Ga. L. 2020, p. 181, § 7/HB 993, effective July 1, 2020.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 9 - [RESERVED] FAMILY PRESERVATION AND CHILD PROTECTION (§ 49-5-200) › Section 49-5-200 - through 49-5-209 - [Reserved]

Reserved. Repealed by Ga. L. 1990, p. 1986, § 2, effective January 1, 1993.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 10 - CHILDREN AND ADOLESCENTS WITH SEVERE EMOTIONAL PROBLEMS (§§ 49-5-220 — 49-5-227) › Section 49-5-222 - Guiding principles for coordinated system of care

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;
(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;
(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;
(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;
(8)
Services shall be culturally and ethnically sensitive;
(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.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 5 - PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH (§§ 49-5-1 — 49-5-281) › Article 10 - CHILDREN AND ADOLESCENTS WITH SEVERE EMOTIONAL PROBLEMS (§§ 49-5-220 — 49-5-227) › Section 49-5-223 - Developing and updating plan; requirements; information to be collected

(a)
The State Plan for the Coordinated System of Care shall be based upon the projected need for services for a five-year period. The plan shall:
(1)
Be based upon the principles delineated in Code Section
49-5-222
;
(2)
Be based on a case management system with assigned case managers;
(3)
Consider nonresidential services including case management, prevention, early identification, assessment, outpatient treatment, home based services, day treatment, and emergency services;
(4)
Consider residential services including therapeutic foster care, therapeutic group care, independent living services, residential treatment care, and inpatient hospitalization;
(5)
Include mechanisms for handling conflict resolution among the various responsible agencies;
(6)
Provide a mechanism to coordinate local resources with all involved state agencies;
(7)
Develop specific guidelines for the development and submission of regional interagency plans based on the principles in Code Section
49-5-222
;
(8)
Provide for the coordination of budget, where possible; for the publication of joint costs of the comprehensive plan; and for a statement on budget recommendations;
(9)
Identify gaps in service;
(10)
Identify needed policy revisions; and
(11)
Recommend priorities for the continuation or development of programs and resources.
(b)
In developing the plan, the Department of Behavioral Health and Developmental Disabilities and the Department of Education shall collect information on the population currently being served and the population projected to be served.
(c)
The plan shall be updated annually.
(d)
The first plan shall be put into implementation by July 1, 1991.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.