reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-13 - Family attention home; assessment of risk and plan of care

As used in this Code section, the term "family attention home" means a private family home that has contracted with the Department of Juvenile Justice to provide 24 hour, short-term care for youth in the custody of the department and placed by the department in the home. Said youth are either awaiting a juvenile court hearing or have been temporarily removed from their homes for other reasons. Prior to a youth being placed in a private family attention home, an assessment of the youth's risk to the public will be completed by the department, and based on that assessment a plan of care for each youth will be developed within 72 hours after placement. This plan shall detail the youth's need for adult supervision, the youth's need for structured after-school activities, the need for electronic monitoring, if appropriate, and any other additional treatment needs while the youth is in the home. This plan of care shall be developed and implemented to ensure the safety of the children and youth in each private family attention home and the residents of the communities in which the private family attention homes are located.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-14 - Compensation for damage to apparel by youth under custody

(a)
As used in this Code section, the term "apparel" includes eyeglasses, hearing aids, clothing, and similar items worn on the person of the employee.
(b)
When action by a youth under the control and custody of the department results in damage to an item of apparel, the department shall compensate the employee for the loss in the amount of either the repair cost, the replacement value, or the actual cost of the item of wearing apparel, whichever is less. Such loss shall be compensated only in accordance with procedures to be established by the department, and no compensation shall be made by the department in excess of $500.00 per incident.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-15 - Guard lines

Guard lines shall be established by the commissioner or his or her designated representative in charge at the various juvenile detention centers and youth development centers in the same manner that land lines are established, except that, at each corner of the lines, signs must be used on which shall be plainly stamped or written: "Guard line of __________________." Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the institutions and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the institutions.
Added by 2012 Ga. Laws 771,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-16 - Unlawful crossing or passage of certain items across guard lines; penalty

(a)
As used in this Code section, the term "guard lines" means the lines established pursuant to Code Section
49-4A-15
.
(b)
It shall be unlawful for any person to cause to be introduced across guard lines or to come inside such guard lines with:
(1)
A gun, pistol, knife, or any other weapon or a bullet, ammunition, or explosive device; or
(2)
Any intoxicating liquor, amphetamines, marijuana, or any other hallucinogenic or other drugs.
(c)
The provisions of this Code section shall not apply when the commissioner or director of the juvenile detention facility has provided authorization for the introduction of the items listed in subsection (b) of this Code section into such facility.
(d)
Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
Amended by 2013 Ga. Laws 127,§ 3-12, eff. 1/1/2014.
Added by 2012 Ga. Laws 771,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-17 - Introduction of certain items into juvenile detention facility prohibited; commerce with incarcerated youth prohibited; penalty

(a)
(1)
Without the knowledge and consent of the commissioner or the director in charge of any juvenile detention facility, it shall be unlawful for any person to take into or cause to be introduced into such facility any item which such person has been directed not to take into such center:
(A)
Verbally by a staff member of such facility;
(B)
In writing by a staff member of such facility; or
(C)
As directed by the rules, regulations, or policies of such facility.
(2)
Any item taken into a facility in violation of this subsection shall be deemed contraband and shall be subject to being confiscated and retained as property of the department.
(3)
Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
(b)
It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to a child assigned to a juvenile detention facility without the knowledge and consent of the commissioner or the director in charge of such facility. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
Amended by 2013 Ga. Laws 127,§ 3-13, eff. 1/1/2014.
Added by 2012 Ga. Laws 771,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-18 - Prohibited possession of certain goods by youth; penalty

(a)
As used in this Code section, the term:
(1)
"Director" means the commissioner or any director of a juvenile detention center or his or her designee, or any other person who is responsible for the overall management and operation of a center.
(2)
"Juvenile detention center" means a regional youth detention center or youth development center operated by or on behalf of the department.
(3)
"Telecommunications device" means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including, but not limited to, a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration.
(4)
"Youth" means an offender assigned to a juvenile detention center.
(b)
Without the authorization of the director, it shall be unlawful for any person to obtain for, to procure for, or to give to a youth a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any other explosive device; tobacco products; intoxicating liquor; marijuana, amphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item.
(c)
Without the authorization of the director, it shall be unlawful for a youth to possess a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any other explosive device; tobacco products; intoxicating liquor; marijuana, amphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item.
(d)
Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
Added by 2012 Ga. Laws 771,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4B - INTERSTATE COMPACT FOR JUVENILES (§§ 49-4B-1 — 49-4B-3) › Section 49-4B-1 - Short title

This chapter shall be known and may be cited as the "Interstate Compact for Juveniles."
Added by 2014 Ga. Laws 634,§ 2-1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4B - INTERSTATE COMPACT FOR JUVENILES (§§ 49-4B-1 — 49-4B-3) › Section 49-4B-3 - Role of Governor in implementation of compact; promulgation of rules and regulations by board

With respect to the Interstate Compact for Juveniles set out in Code Section
49-4B-2
:
(1)
The Governor shall by executive order establish the initial composition, terms, and compensation of the Georgia State Council for Interstate Juvenile Supervision required by Article IX of that compact, with the Governor making the appointments to those positions; provided, however, that there shall be two representatives from the legislative branch of government and one representative from the judicial branch of government who shall be appointed as follows:
(A)
The Speaker of the House of Representatives shall make one appointment of a legislative branch representative;
(B)
The President of the Senate shall make one appointment of a legislative branch representative; and
(C)
The Chief Justice of the Supreme Court shall make one appointment of a judicial branch representative;
(2)
The Governor shall by executive order establish the qualifications, term, and compensation of the compact administrator required by Article III of that compact, with the state council making the appointment of the compact administrator;
(3)
The Governor shall by executive order provide for any other matters necessary for implementation of the compact at the time that it becomes effective; and
(4)
Except as otherwise provided for in this Code section, the board may promulgate rules or regulations necessary to implement and administer the compact, subject to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2018 Ga. Laws 325,§ 1, eff. if a legislative branch representative is appointed and serving on the Georgia State Council for Interstate Juvenile Supervision on June 30, 2018, then this Act shall become effective upon the termination of his or her term of service. If a legislative branch representative has not been appointed and is not serving on such council on June 30, 2018, then this Act shall become effective on July 1, 2018..
Added by 2014 Ga. Laws 634,§ 2-1, eff. 7/1/2014.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-1 - Short title

This article shall be known and may be cited as the "Children and Youth Act."
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-2 - Purpose of article

The purpose of this article is to promote, safeguard, and protect the well-being and general welfare of children and youth of this state through a comprehensive and coordinated program of public child welfare and youth services, providing for:
(1)
Social services and facilities for children and youths who require care, control, protection, treatment, or rehabilitation and for the parents of such children;
(2)
Setting of standards for social services and facilities for children and youths;
(3)
Cooperation with public and voluntary agencies, organizations, and citizen groups in the development and coordination of programs and activities in behalf of children and youth; and
(4)
Promotion of community conditions and resources that help parents to discharge their responsibilities for the care, development, and well-being of their children.
It is the further purpose of this article to provide for a qualified group of citizens and leading professionals who will identify and study the problems of youth, recommend and effect possible solutions, and work actively for state and local action to prevent children and youths from becoming inmates of our prisons, patients in our mental hospitals, and persons dependent upon public assistance programs.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-4 - Other state departments, agencies, officers, and employees to assist department

It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the benefit of children and youths and to assist the Department of Human Services in effectuating the purposes of this article by making available to the department, upon request of the board or the commissioner and to the extent permissible by law, the services, resources, personnel, and facilities of their respective departments and agencies.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-5 - Powers and duties of board; rules and regulations for training schools and other facilities

(a)
The board shall perform duties required of it by this article and shall, in addition thereto, be responsible for adoption of all policies and promulgation of all rules and regulations not in conflict with this article that may be necessary and appropriate to the administration of the department, to the accomplishment of the purposes of this article, and to the performance of the duties and functions of the department as set forth in this article.
(b)
The board shall establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions now or hereafter under the jurisdiction and control of the department, bearing in mind at all times that the purpose for existence and operation of such schools, facilities, and institutions and all activities carried on therein shall be to carry out the rehabilitative program provided for by this article and to restore and build up the self-respect and self-reliance of children and youths lodged therein so as to qualify and equip them for good citizenship and honorable employment.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-6 - Merit system to conform to federal standards; power to employ and contract for professional services; employment and dismissal procedures; membership in state retirement system

(a)
The department shall conform to federal standards for a merit system of personnel administration in the respects necessary for receiving federal grants and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.
(b)
The department is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary.
(c)
Superintendents of training schools and other facilities and institutions now or hereafter under the jurisdiction and control of the department shall be employed and dismissed for cause by the board on the recommendation of the commissioner. Professional personnel and other employees of such training schools, facilities, and institutions shall be employed and dismissed for cause by the commissioner on the recommendation of the superintendent. All other professional personnel and all other employees of the department under this article shall be employed and dismissed for cause by the commissioner in accordance with such rules and regulations as may be promulgated by the board in regard thereto. Employees of the department under this article shall in all instances be employed and dismissed in accordance with rules and regulations of the State Personnel Board.
(d)
All personnel of the Division of Family and Children Services are authorized to be members of the Employees' Retirement System of Georgia, Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this article to the division, or otherwise had by persons at the time of employment with the division, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the division.
Amended by 2012 Ga. Laws 630,§ 2-98, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-8.1 - Short-term respite care of child in foster care; reasonable and prudent parent standard

(a)
As used in this Code section, the term:
(1)
"Caregiver'" means a foster parent with whom a child in foster care has been placed.
(2)
"Occasional" means once per week or less on varying days and not exceeding twice per month.
(3)
"Respite care" means occasional or short-term relief for a caregiver by a person or entity.
(4)
"Short-term" means up to 72 consecutive hours or for such longer periods of time under such circumstances as may be promulgated by the department pursuant to rules and regulations.
(b)
A caregiver may arrange for respite care of a child in foster care placed with such caregiver and allow individuals 18 years of age or older to supervise such child for purposes including, but not limited to, medical or other health care appointments for the caregiver, grocery or other shopping, personal grooming appointments, special occasions for the caregiver or caregivers, foster parent training classes, school related meetings, business meetings, adult social gatherings, or an evening event out for the caregiver or caregivers.
(c)
A caregiver shall use a reasonable and prudent parent standard in selecting and arranging for appropriate respite care pursuant to this Code section.
(d)
A caregiver shall make all reasonable efforts to provide the person or entity affording respite care with the following information before leaving the child with the person or entity affording respite care:
(1)
Information about the child's emotional, behavioral, medical, and physical condition, if any, necessary to provide care for such child during the respite care period;
(2)
Any medication that should be administered to such child in foster care during the respite care period; and
(3)
Emergency contact information that is valid for the duration of the respite care period.
Amended by 2023 Ga. Laws 250,§ 1, eff. 7/1/2023.
Amended by 2021 Ga. Laws 307,§ 49, eff. 5/10/2021.
Added by 2020 Ga. Laws 466,§ 5, eff. 7/1/2020.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-9 - Use of public and private institutions and agencies; inspections; examination and control of children not in department's facilities

(a)
The department is authorized to make use of law enforcement detention, supervisory, medical, educational, and other public or private facilities, institutions, and agencies within the state for the purposes of this article; provided, however, that this shall not give the department authority to transfer any child or youth under its custody and control to any penal institution in the state without due process of law. When funds are available, the department may enter into agreements with appropriate private or public officials of private or public institutions and agencies for separate care and special treatment of children and youths subject to the control of the department.
(b)
The department is given the right and is required to inspect periodically all public and private institutions and agencies whose facilities it is using. Every institution and agency, whether public or private, is required to afford the department reasonable opportunity to examine or consult with children and youths committed to the department who are for the time being in the custody of the institution or agency.
(c)
Placement of a child or youth by the department in any institution or agency not operated by the department or the release of such child or youth from such an institution or agency shall not terminate the control of the department over such child or youth. No child or youth placed in such institution or under such an agency may be released by the institution or agency without the approval of the department.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-12.2 - Immunity from liability

Any caregiver or other entity under contract with the department shall be immune from civil liability as a result of a caregiver's approval of the participation of a child, who is in the custody of the department, in an age or developmentally appropriate activity, so long as such caregiver or other entity under contract with the department acts in accordance with the reasonable and prudent parent standard. No provision in any agreement between the department and a caregiver or an entity under contract with the department shall diminish the standard of care provided in this Code section.
Added by 2015 Ga. Laws 77,§ 7, eff. 7/1/2015.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-13 - Private child care learning centers not required to meet federal adult-child ratio

Nothing in this article or any rules and regulations adopted hereunder shall be construed to require that private child care learning centers maintain a ratio of adults to children under care that is commensurate with any federal requirement concerning such adult to child ratio.
Amended by 2013 Ga. Laws 32,§ 12, eff. 7/1/2013.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-15 - Notice as to child brought into state for placement or adoption; bond; certificate as to foster home; reports

No person shall bring or send into the state any child for the purpose of placing him or procuring his adoption without first filing notice with the department. He shall file with the department a bond payable to the state for each child he intends to send or bring, approved by the department, in the penal sum of $1,000.00, conditioned that he will not send or bring into the state any child who is incorrigible or unsound in mind or body; that he will remove any such child who becomes a public charge or who, in the opinion of the department, becomes a menace to the community prior to his adoption or becoming of legal age; and that the person with whom the child is placed shall be responsible for his proper care and training. Before any child shall be brought or sent into the state for the purpose of placing him in a foster home, the person so bringing or sending such child shall first notify the department of his intention and shall obtain from the department a certificate stating that such home is, in the opinion of the department, a suitable home for the child. Such notification shall state the name, age, and personal description of the child; the name and address of the person with whom the child is to be placed; and such other information as may be required by the department. The person bringing or sending such child into the state shall report at least once each year and at such other times as the department shall direct as to the location and well-being of the child so long as such child shall remain within the state and until he shall have reached the age of 18 or shall have been legally adopted.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-16 - Power of department to contract; acceptance of children from federal courts for compensation

(a)
The department shall have the power and is authorized:
(1)
To enter into contracts with federal, state, county, and municipal governments and their agencies and departments; public and private institutions and agencies of this and other states; and individuals, as may be necessary or desirable in effectuating the purposes of this article;
(2)
To enter into contracts and cooperative agreements with county or district departments of family and children services as may be necessary or desirable in effectuating the purposes of this article;
(3)
To enter into reciprocal agreements with appropriate public and private institutions and agencies of other states relative to providing child welfare and youth services to nonresident children and youths; and to cooperate with such institutions and agencies in establishment and operation of group-care facilities appropriate for social study, treatment, and rehabilitation of children and youths; and
(4)
To accept children and youths from federal courts and provide them social services within the scope of this article for compensation and under such terms as may be agreed upon.
(b)
The board may authorize the commissioner to enter into contracts and agreements provided for in this Code section subject to the approval of the board or may, through appropriate action of the board, delegate such authority to the commissioner.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-17 - Power of department to accept and use gifts

The department is authorized and empowered to receive, accept, hold, and use, on behalf of the state and for purposes provided for in this article, gifts, grants, donations, devises, and bequests of real, personal, and mixed property of every kind and description.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-18 - Instituting or intervening in legal proceedings

The commissioner is authorized to institute or to intervene in any legal proceedings necessary to the performance of duties and responsibilities of the department and to the enforcement of this article and provisions of policies, standards, rules, and regulations established by the board in conformity with this article as may be commensurate with the legal status of the department to a child or youth committed to the care, custody, or control of the department or as may otherwise be specifically provided for in this article.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-19 - Annual report on children and youth services

The commissioner shall prepare and publish in print or electronically an annual report on the operations of the department and of county departments of family and children services under this article and submit it to the Governor, the board, and all interested persons, officials, agencies, and groups, public or private. The report shall contain, in addition to information, statistics, and data required by other provisions of this article, a comprehensive analysis of performance of child welfare and youth services throughout the state; an analysis of goals to ensure that no more than 25 percent of children remain in the foster care system under Title IV-E of the Social Security Act for a period of 24 months or longer, as provided by Public Law 96-272; and such other information and recommendations of the commissioner as may be suitable.
Amended by 2015 Ga. Laws 77,§ 8, eff. 7/1/2015.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-20 - Existing charters of charitable institutions

Nothing in this article shall be deemed to revoke any charter of incorporation of any orphans' home or charitable or benevolent institution incorporated and established under the Act of the General Assembly approved December 18, 1894 (Ga. L. 1894, p. 80), as amended by the Act of the General Assembly approved December 16, 1898 (Ga. L. 1898, p. 104), notwithstanding the repeal of such Acts by Ga. L. 1963, p. 81, Section 24, or to impair or diminish the rights, powers, or privileges of such corporation as provided in its charter of incorporation.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-21 - Penalties for aiding, harboring, or encouraging escapees or hindering their apprehension

(a)
Any person who shall knowingly aid, assist, or encourage any child or youth under the lawful control or custody of the department or of any licensed child welfare agency or home or facility used by such agency, public or private, to escape or to attempt to escape its control or custody shall be guilty of a misdemeanor.
(b)
Any person who shall knowingly harbor, shelter, entertain, or encourage any child or youth who has escaped the lawful custody or control of the department or of any licensed child welfare agency or home or facility used by such agency, public or private, shall be guilty of a misdemeanor.
(c)
Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a misdemeanor.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-22 - Voluntary pre-kindergarten programs to provide toilet facilities screened for privacy

(a)
The General Assembly finds that just as gender separated toileting among nonrelatives is the norm among adults, children should be allowed the same opportunity to practice modesty when independent toileting behavior is well established among the majority of their age group. Standardized adherence to this policy would provide privacy, injury control, and sanitation.
(b)
Each public or private voluntary pre-kindergarten program in this state which receives state funding shall provide toilet facilities for the four-year-old pre-kindergarten age children which it serves which are suitably screened for privacy. Nothing contained in this Code section shall be construed to require a pre-kindergarten program to provide separately constructed toilet facilities.
(c)
The provisions of subsection (b) of this Code section shall not apply to any voluntary pre-kindergarten program which provides separate and gender-specific toilet facilities for the children which it serves.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-23 - Obtaining information on recall notices

(a)
Any agency, department, or office that regulates child welfare agencies shall make available to such child welfare agencies at the time of application for initial or renewal certification or licensure information concerning contacting the U.S. Consumer Product Safety Commission to obtain recall notices on unsafe child and infant products.
(b)
Child welfare agencies shall post the phone number and website of the U.S. Consumer Product Safety Commission in a location visible to parents and visitors. The notice shall also advise such parents and visitors on how to obtain recall notices on unsafe child and infant products.
Added by 2004 Ga. Laws 465, § 1, eff. 7/1/2004.
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 1 - CHILDREN AND YOUTH SERVICES (§§ 49-5-1 — 49-5-25) › Section 49-5-25 - Maternity supportive housing residences; registration; requirements

(a)
(1)
On and after July 1, 2022, all maternity supportive housing residences shall register in accordance with this Code section by submitting an application to the department upon forms furnished by the department. The form furnished by the department shall require the name, address, and telephone number of the maternity supportive housing residence and emergency contact information.
(2)
A registrant shall be required to pay an annual registration fee of $250.00 to the department.
(3)
The department shall issue a registration certificate, valid for one year, to a maternity supportive housing residence upon receipt of an application for registration, payment of the registration fee, and notarized attestation by the applicant, along with applicable supporting documentation, that the maternity supportive housing residence:
(A)
Has written policies and procedures for admission, intake, and record keeping;
(B)
Is in compliance with applicable residential building codes;
(C)
Has property insurance coverage on the residence; and
(D)
Has the ability to provide, either directly or through partnerships with local nonprofits or government agencies and programs, assistance with wraparound services such as nutritional support, childcare, transportation, and vocational training.
(b)
The department shall not have the authority to implement rules and regulations for the registration of maternity supportive housing residences but shall have the authority to maintain any records submitted by a residence pursuant to paragraph (3) of subsection (a) of this Code section.
(c)
No county, municipality, or consolidated government shall, by rule or ordinance, constrain the establishment or operation of maternity supportive housing residences or place occupancy requirements on such residences that would not apply to a single family living in the residence.
(d)
Nothing in this Code section shall be construed to require a maternity home to register with the department pursuant to this Code section or for a maternity supportive housing residence to obtain a license or permit as a maternity home or to meet the requirements of a maternity home.
Added by 2022 Ga. Laws 787,§ 3, eff. 7/1/2022.
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 2 - CHILD ABUSE AND DEPRIVATION RECORDS (§§ 49-5-40 — 49-5-46) › Section 49-5-41.1 - Inspection and retention of records of juvenile drug use

(a)
Notwithstanding Code Section
49-5-40
, all reports, files, and records of child controlled substance or marijuana abuse shall be open to inspection only upon order of the juvenile court. As used in this Code section, the term "juvenile court" means the court exercising jurisdiction over juvenile matters, as defined under Code Section
15-11-2
, in the county where the report was made.
(b)
The juvenile court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Human Services and the Council of Juvenile Court Judges to inspect and extract data from child controlled substance and marijuana abuse records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court.
(c)
In no case shall records of child controlled substance or marijuana abuse be retained by the Department of Human Services beyond the 24 months from the date a report is first received pursuant to Code Section
19-7-6
by a child welfare agency providing protective services.
(d)
On application of a person who is the subject of a child controlled substance or marijuana abuse report, and after a hearing, the juvenile court may order the sealing of such reports, files, and records of the Department of Human Services. Upon entry of the order, the Department of Human Services shall treat the report and related information as if the report had never occurred. All index references shall be deleted and the person, the court, and the Department of Human Services shall properly reply that no record exists with respect to the person upon inquiry in any matter. Inspection of the sealed files and records thereafter may be permitted by an order of the juvenile court upon petition by the person who is the subject of the records and only by those persons named in the order.
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 2 - CHILD ABUSE AND DEPRIVATION RECORDS (§§ 49-5-40 — 49-5-46) › Section 49-5-42 - Rules and regulations

The board may adopt rules and regulations not inconsistent with 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 2 - CHILD ABUSE AND DEPRIVATION RECORDS (§§ 49-5-40 — 49-5-46) › Section 49-5-43 - Article not to conflict with federal law or lose federal funds; duty of board

Nothing in this article is intended to conflict with any provision of federal law or to result in the loss or denial of federal funds. The board shall adopt rules and regulations necessary to prevent conflict with federal law or the loss of federal funds.
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 2 - CHILD ABUSE AND DEPRIVATION RECORDS (§§ 49-5-40 — 49-5-46) › Section 49-5-44 - Penalties for unauthorized access to records; use of records in public and criminal proceedings

(a)
Any person who authorizes or permits any person or agency not listed in Code Section
49-5-41
to have access to such records concerning reports of child abuse declared confidential by Code Section
49-5-40
shall be guilty of a misdemeanor.
(b)
Any person who knowingly and under false pretense obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section
49-5-40
or information contained therein except as authorized in this article or Code Section
19-7-5
shall be guilty of a misdemeanor.
(c)
Records made confidential by Code Section
49-5-40
and information obtained from such records shall not be made a part of any record which is open to the public except that:
(1)
A district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse; and
(2)
The parties in a civil action may use and make public that record or information in the course of a civil action for childhood sexual abuse, as such term is defined in Code Section
9-3-33.1
.
Amended by 2015 Ga. Laws 97,§ 6, eff. 7/1/2015.
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 2 - CHILD ABUSE AND DEPRIVATION RECORDS (§§ 49-5-40 — 49-5-46) › Section 49-5-45 - Penalty for allowing unauthorized access to juvenile drug use records

Any person who authorizes or permits any person or agency not authorized by the juvenile court pursuant to Code Section
49-5-41.1
to have access to such records concerning reports of child controlled substance or marijuana abuse declared confidential by Code Section
49-5-40
shall be guilty of a misdemeanor.
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 2 - CHILD ABUSE AND DEPRIVATION RECORDS (§§ 49-5-40 — 49-5-46) › Section 49-5-46 - Immunity from liability of department, agency, or child advocacy center

The department, an agency, a child advocacy center, and employees thereof providing access to or disclosure of records or information as authorized by Code Section
49-5-41
shall have no civil liability or criminal responsibility therefor.
Amended by 2016 Ga. Laws 344,§ 4, eff. 7/1/2016.
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 49-5-61 - Requirement of separate license and separate director for each new facility

An applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility.
Amended by 2004 Ga. Laws 565, § 11, 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 49-5-62 - Records check application for director of new facility; preliminary records check for employees; retention of fingerprints

(a)
Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a preliminary records check for each employee of such facility that is satisfactory. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations that were satisfactory and each employee received a preliminary records check determination that was satisfactory, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received state and national fingerprint records check determinations that were satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section
49-5-73
. The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks.
(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. The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section
35-3-33
.
Amended by 2018 Ga. Laws 411,§ 2-14, 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 49-5-63 - Notice of determination; issuance of license; effect of unsatisfactory determination

After being furnished the required records check application under Code Section
49-5-62
, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department's determination as to that person's state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicant's facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section
49-5-62
and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained state and national fingerprint records check determinations that are satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section
49-5-73
. If the determination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a preliminary records check determination that is satisfactory shall not be required to obtain a fingerprint records check when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section
35-3-33
, unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section
49-5-69
.
Amended by 2018 Ga. Laws 411,§ 2-15, eff. 7/1/2018.