reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-91 - Verified application for warrant seeking physical custody; requirement for serious physical harm; warrant requirements; enforceability; conditions

(a)
Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
(b)
If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection (b) of Code Section
19-9-88
.
(c)
A warrant to take physical custody of a child must:
(1)
Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2)
Direct law enforcement officers to take physical custody of the child immediately; and
(3)
Provide for the placement of the child pending final relief.
(d)
The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e)
A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f)
The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-92 - Awarding of necessary and reasonable expenses

(a)
The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b)
The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-93 - Full faith and credit to orders of other states

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this article which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Part 2 of this article.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-94 - Appeals

An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Code Section
19-9-64
, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-95 - Actions by district attorney

(a)
In a case arising under this article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resort to a proceeding under this part or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(1)
An existing child custody determination;
(2)
A request to do so from a court in a pending child custody proceeding;
(3)
A reasonable belief that a criminal statute has been violated; or
(4)
A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b)
A district attorney acting under this Code section acts on behalf of the court and may not represent any party.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-96 - Assistance by law enforcement

At the request of a district attorney acting under Code Section
19-9-95
, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a district attorney with responsibilities under Code Section
19-9-95
.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-97 - Recovering expenses of district attorney and law enforcement

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the district attorney and law enforcement officers under Code Section
19-9-95
or
19-9-96
.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 4 - CONSTRUCTION AND APPLICABILITY (§§ 19-9-101 — 19-9-104) › Section 19-9-101 - Promotion of uniformity between states

In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 4 - CONSTRUCTION AND APPLICABILITY (§§ 19-9-101 — 19-9-104) › Section 19-9-102 - Application

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before July 1, 2001, is governed by the law in effect at the time the motion or other request was made.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 4 - CONSTRUCTION AND APPLICABILITY (§§ 19-9-101 — 19-9-104) › Section 19-9-103 - Construction

This article shall not be construed to repeal, amend, or impair the provisions of Code Section
19-13-23
.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 4 - CONSTRUCTION AND APPLICABILITY (§§ 19-9-101 — 19-9-104) › Section 19-9-104 - Conflicts with Child Custody Intrastate Jurisdiction Act

In the event of any conflict between this article and Article 2 of this chapter, the "Georgia Child Custody Intrastate Jurisdiction Act of 1978," this article shall apply.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-120 - Short title

This article shall be known and may be cited as the "Supporting and Strengthening Families Act."
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-121 - Definitions

As used in this article, the term:
(1)
"Child" means an unemancipated individual who is under 18 years of age.
(2)
"Child-placing agency" means an agency licensed as such pursuant to Chapter 5 of Title 49.
(3)
"Criminal background check" means the results of an unrestricted search of the criminal records maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation pursuant to Code Section
35-3-34
.
(4)
"Department" means the Department of Human Services.
(5)
"Nonprofit entity or faith based organization" means a business that provides child or family services and that is in good standing with the Internal Revenue Service, if applicable.
(6)
"Parent" shall have the same meaning as provided in Code Section
19-3-37
.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-122 - Delegation of child caregiving authority

A parent of a child may delegate caregiving authority regarding such child to an individual who is an adult, who resides in this state, and who is the grandparent, great-grandparent, stepparent, former stepparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of such child or is a nonrelative who is approved as an agent by a child-placing agency or a nonprofit entity or faith based organization for a period not to exceed one year, except as provided in Code Section
19-9-132
, by executing a power of attorney that substantially complies with this article.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-123 - Reporting requirement from nonprofit entities or faith based organizations; departmental responsibilities and liabilities; regulation

(a)
A nonprofit entity or faith based organization that is not licensed by the department but is providing services under this article shall annually provide the department with the following information:
(1)
Its legal name, address, telephone number, e-mail address, and any other contact information;
(2)
The name of its director;
(3)
The names and addresses of the officers and members of its governing body;
(4)
The total number of approved volunteer families with which it works; and
(5)
The total number of children served in the previous calendar year.
(b)
The department shall maintain a list of nonprofit entities or faith based organizations for which it has been provided the information required by subsection (a) of this Code section.
(c)
The department may refer an individual who is seeking to execute a power of attorney under this article to a nonprofit entity or faith based organization if the information required by subsection (a) of this Code section has been provided. The department shall not be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of referring such individual to a nonprofit entity or faith based organization.
(d)
The department shall promulgate rules and regulations in order to implement this Code section.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-125 - Notice to noncustodial parent of execution of power of attorney; objection by noncustodial parent; compliance with relocation notice requirements

(a)
An individual with sole custody of a child who executes a power of attorney authorized under this article shall provide written notice of such execution to the noncustodial parent by certified mail, return receipt requested, or statutory overnight delivery within 15 days after the date upon which such power of attorney was executed.
(b)
A noncustodial parent receiving the notice as set forth in subsection (a) of this Code section may object to the execution of such power of attorney within 21 days of the delivery of such notice and shall serve his or her objection on the individual who executed such power of attorney by certified mail, return receipt requested, or statutory overnight delivery. An objection shall prohibit the action of a power of attorney under this article and the child shall be returned to the individual with sole custody.
(c)
In addition to the notice provided for in subsection (a) of this Code section, an individual with sole custody of a child who executes a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section
19-9-3
.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-126 - Impact of execution on parental rights

(a)
The execution of a power of attorney under this article shall, in the absence of other evidence, not constitute abandonment, abuse, neglect, or any indication of unfitness as a parent.
(b)
An individual shall not execute a power of attorney under this article with the intention of divesting or negating another individual's legal responsibility for the care of a child.
(c)
The parental obligations set forth in Chapter 7 of this title to his or her child shall not be extinguished or serve as a defense when a parent executes a power of attorney. Any individual giving a power of attorney to a nonrelative shall carefully consider such agent's criminal background check, and such consideration shall not absolve the signer from liability.
(d)
Nothing in this article shall prevent the Division of Family and Children Services of the department or law enforcement from investigating and taking appropriate action regarding allegations of abuse, neglect, abandonment, desertion, or other mistreatment of a child.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-127 - Temporary written permission to seek emergency medical treatment or other services for children

Nothing in this article shall preclude a parent or agent from granting temporary written permission to seek emergency medical treatment or other services for a child while such child is in the custody of an adult who is not the parent or agent and who is temporarily supervising the child at the request of such parent or agent.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-128 - No limitation on role of Division of Family and Children Services

An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the department and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the child, his or her parent, or another child of the parent. Nothing in this article shall be construed to diminish or limit any rights, power, or authority of or by the Division of Family and Children Services for the protection of any child.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-129 - Execution of power of attorney; probate court responsibilities; revocation or execution of subsequent power of attorney

(a)
A power of attorney executed under this article shall be:
(1)
Signed under oath and acknowledged before a notary public by the individual executing such power of attorney and by the agent accepting such delegation; and
(2)
A copy of it shall be filed by the individual executing the power of attorney, or his or her designee, within ten days of the power of attorney being executed, in the probate court of the county in which the child resides. If the residence of the child changes to a different county during the term of the power of attorney, the agent shall file the power of attorney in the probate court of the county of the new residence and notify the original court in writing of such change.
(b)
Each probate court shall maintain a docket in which a power of attorney will be registered. The docket shall include the name of the agent, the name of the child, the date the power of attorney was deposited with the court, and the date the power of attorney expires, if applicable. The power of attorney shall be confidential; provided, however, that the individual who executed the power of attorney or his or her legal representative shall have access to such power of attorney and the department and any local, state, or federal authority that is conducting an investigation involving the agent or the individual who executed such power of attorney may be granted access upon good cause shown to the court. The docket shall be publicly accessible as are other dockets for the probate court. Notwithstanding Article 3 of Chapter 9 of Title 15, the probate court shall not impose any filing fee for the depositing of a power of attorney under this Code section.
(c)
Nothing in this Code section shall be construed so as to prohibit an individual from revoking a power of attorney or executing a subsequent power of attorney.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-130 - Authority of agent; revocation, termination, or resignation of agent exercising power of attorney; right of parent to access records while power of attorney in effect

(a)
(1)
An agent shall have the authority to act on behalf of the child on a continuous basis, without compensation:
(A)
For the duration of the power of attorney so long as the duration does not exceed one year or the time period authorized in Code Section
19-9-132
; or
(B)
Until the individual who executed the power of attorney revokes the power of attorney in writing and provides notice of the revocation to the agent by certified mail, return receipt requested, or statutory overnight delivery. Upon receipt of such revocation, the agent shall cease to act as agent.
(2)
The individual revoking the power of attorney shall send a copy of the revocation of the power of attorney to the agent within five days of executing such revocation. If an individual revokes a power of attorney, the child shall be returned to the custody of such individual who executed the power of attorney within 48 hours of receiving such revocation.
(3)
The revoking individual shall notify schools, health care providers, the probate court where the power of attorney is filed, and others known to the revoking individual to have relied upon such power of attorney within 48 hours of submitting such resignation to the agent.
(b)
A power of attorney executed under this article may be terminated by an order of a court of competent jurisdiction.
(c)
Upon receipt of a revocation of a power of attorney, an agent shall notify schools, health care providers, and others known to the agent to have relied upon such power of attorney within 48 hours of receiving such revocation.
(d)
An agent may resign by notifying the individual who appointed the agent in writing by certified mail, return receipt requested, or statutory overnight delivery and he or she shall notify schools, health care providers, the probate court where the power of attorney is filed, and others known to the agent to have relied upon such power of attorney within 48 hours of submitting such notification.
(e)
Upon the death of an individual who executed a power of attorney, the agent shall notify the surviving parent of the child, if known, as soon as practicable.
(f)
The authority to designate an agent to act on behalf of a child shall be in addition to any other lawful action a parent may take for the benefit of such child.
(g)
A parent shall continue to have the right to receive medical, dental, mental health, and educational records pertaining to his or her child, even when a power of attorney has been executed under this article.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-131 - Child's status upon execution of power of attorney; delegation of authority must specify applicability

(a)
A child subject to a power of attorney executed under this article shall not be considered placed in foster care under Chapter 5 of Title 49, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children.
(b)
Caregiving authority delegated under this article shall not constitute an out-of-home child placement.
(c)
The execution of a power of attorney under this article shall not delegate caregiving authority for more than one child unless such power of attorney delegates caregiving authority for children who are siblings or stepsiblings.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-132 - Delegation to grandparent; delegation by deployed parents

(a)
When a power of attorney delegates caregiving authority to a grandparent of a child, it may have an unlimited duration.
(b)
Except as limited by or in conflict with federal law regarding the armed forces of the United States, a parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is deployed as defined in Code Section
19-9-6
. Such term of delegation, however, shall not exceed the term of deployment plus 30 days.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 4 - SUPPORTING AND STRENGTHENING FAMILIES ACT (§§ 19-9-120 — 19-9-134) › Section 19-9-133 - Continuing application of former provisions as applicable to grandparents

This article shall not affect a power of attorney given to a grandparent prior to September 1, 2018, to which the provisions of former Code Sections
19-9-120
through
19-9-129
, as such existed on August 30, 2018, shall continue to apply.
Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10 - ABANDONMENT OF SPOUSE OR CHILD (§§ 19-10-1 — 19-10-2) › Section 19-10-2 - Abandonment of dependent pregnant wife; criminal penalties; continuing offense

(a)
A wife who is pregnant with her husband's child shall be deemed to be in a dependent condition when her husband does not furnish her sufficient food, clothing, or medical treatment to meet her needs, both before and immediately upon the birth of the child.
(b)
Any husband who willfully and voluntarily abandons his wife, while she is pregnant with his child, leaving her in a dependent condition, shall be guilty of a misdemeanor.
(c)
Any husband who willfully and voluntarily abandons his wife while she is pregnant with his child and leaves the jurisdiction of this state shall be guilty of a felony punishable by imprisonment for not less than one year nor more than three years. The felony shall be reducible to a misdemeanor.
(d)
For purposes of this Code section, a husband shall not be deemed to have abandoned his wife willfully and voluntarily unless he has actual knowledge of her pregnant condition.
(e)
The offense of abandonment as set forth in this Code section is a continuing offense.
(f)
The wife shall be competent to be a witness against her husband in any proceedings or cases brought against the husband for abandonment as set forth in this Code section.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10A - SAFE PLACE FOR NEWBORNS ACT OF 2002 (§§ 19-10A-1 — 19-10A-8) › Section 19-10A-1 - Short title

This chapter shall be known and may be cited as the "Safe Place for Newborns Act of 2002."
Added by 2002 Ga. Laws 921, § 1, eff. 5/15/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10A - SAFE PLACE FOR NEWBORNS ACT OF 2002 (§§ 19-10A-1 — 19-10A-8) › Section 19-10A-2 - Definitions

As used in this chapter, the term:
(1)
"Fire station" means a facility of any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections
25-3-1
and
25-3-2
.
(2)
"Medical facility" means any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or facility where human births occur on a regular and ongoing basis which is classified by the Department of Community Health as a birthing center, but shall not mean physicians' or dentists' private offices.
(3)
"Police station" means a facility of any sheriff's office, municipal police department, or county police department.
Amended by 2017 Ga. Laws 202,§ 1, eff. 7/1/2017.
Amended by 2008 Ga. Laws 392,§ 2-1, eff. 7/1/2009.
Added by 2002 Ga. Laws 921, § 1, eff. 5/15/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10A - SAFE PLACE FOR NEWBORNS ACT OF 2002 (§§ 19-10A-1 — 19-10A-8) › Section 19-10A-3 - Purpose

It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a mother who abandons the newborn.
Added by 2002 Ga. Laws 921, § 1, eff. 5/15/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10A - SAFE PLACE FOR NEWBORNS ACT OF 2002 (§§ 19-10A-1 — 19-10A-8) › Section 19-10A-4 - No criminal prosecution for leaving child in custody of medical facility, fire station, or police station

A mother shall not be prosecuted for violating Code Section
16-5-70
,
16-12-1
, or
19-10-1
because of the act of leaving her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility, fire station, or police station who is on duty, whether there in a paid or volunteer position, provided that the newborn child is no more than 30 days old and the mother shows proof of her identity, if willing, to the person with whom the newborn is left and provides her name and address, if willing.
Amended by 2017 Ga. Laws 202,§ 1, eff. 7/1/2017.
Amended by 2013 Ga. Laws 127,§ 4-28, eff. 1/1/2014.
Amended by 2003 Ga. Laws 9, § 19, eff. 5/14/2003.
Added by 2002 Ga. Laws 921, eff. 5/15/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10A - SAFE PLACE FOR NEWBORNS ACT OF 2002 (§§ 19-10A-1 — 19-10A-8) › Section 19-10A-5 - Investigating and reporting utilization of provisions

The Department of Human Services shall investigate and report to the General Assembly as to children left with a medical facility, fire station, or police station pursuant to Code Section
19-10A-4
, including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities, fire stations, and police stations concerning the acts and consequences thereof contemplated in Code Section
19-10A-4
.
Amended by 2017 Ga. Laws 202,§ 1, eff. 7/1/2017.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Added by 2002 Ga. Laws 921, § 1, eff. 5/15/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10A - SAFE PLACE FOR NEWBORNS ACT OF 2002 (§§ 19-10A-1 — 19-10A-8) › Section 19-10A-6 - Reimbursement of medical costs; placement with Department of Human Services

A medical facility which accepts for inpatient admission or a fire station or police station which accepts a child left pursuant to Code Section
19-10A-4
shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility, fire station, or police station shall notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The Department of Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section
15-11-145
.
Amended by 2017 Ga. Laws 202,§ 1, eff. 7/1/2017.
Amended by 2013 Ga. Laws 127,§ 4-29, eff. 1/1/2014.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Added by 2002 Ga. Laws 921, § 1, eff. 5/15/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10A - SAFE PLACE FOR NEWBORNS ACT OF 2002 (§§ 19-10A-1 — 19-10A-8) › Section 19-10A-7 - Liability

Medical facilities, fire stations, and police stations and their employees, agents, and staff members shall not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided for in this chapter. The immunity provided in this chapter shall in no way be construed as providing immunity for any acts of negligent treatment of the child taken into custody.
Amended by 2017 Ga. Laws 202,§ 1, eff. 7/1/2017.
Added by 2002 Ga. Laws 921, § 1, eff. 5/15/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 10A - SAFE PLACE FOR NEWBORNS ACT OF 2002 (§§ 19-10A-1 — 19-10A-8) › Section 19-10A-8 - Posting of signs at medical facilities, fire stations, or police stations indicating authorized location for leaving newborns

The Department of Human Services shall develop standards for a sign that shall be posted at any medical facility, fire station, or police station to inform the general public that such facility is an authorized location to leave a newborn child as provided in this chapter. The Department of Human Services shall provide by rule and regulation for the size and type of such sign and where such sign should be located within or outside of such facility.
Added by 2018 Ga. Laws 317,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-1 - Short title

This article shall be known and may be cited as the "Child Support Recovery Act."
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-2 - Purposes of article; construction

(a)
The underlying purposes of this article are:
(1)
To provide that public assistance to needy children is a supplement to the contribution of the responsible parents;
(2)
To provide for a determination that a responsible parent is able to support his children; and
(3)
To provide for the enforcement of an able parent's obligation to furnish support.
(b)
This article shall be liberally construed to promote its underlying purposes.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-4 - Application of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

In administering this article, the department shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-5 - Debt to state created by payment of public assistance; amount of debt; waiver, reduction, or negotiation of certain repayments

(a)
The payment of public assistance to or on behalf of a child creates a debt due and owing the state by the parent or parents responsible for the support of the child. The amount of the debt is the amount necessary to meet the total needs of the child or children and the person having custody, if included in the public assistance grant, as determined by the department in conformity with the federal Social Security Act; provided, however, that, where a court has ordered child support incident to a final divorce or in a criminal proceeding for nonsupport or where the responsible parent has entered into a legally enforceable and binding agreement, the debt created shall be equal to the amount set in such decree, order, hearing, or agreement.
(b)
The department, in accordance with rules established by the Board of Human Services, shall be authorized to waive, reduce, or negotiate the payment of unreimbursed public assistance if it is determined that good cause for nonpayment exists or that enforcement of the claim would result in substantial and unreasonable hardship to the parent or parents responsible for the support of the child against whom the claim exists. The rules established by the Board of Human Services shall consider the ability of the responsible party to support the child or children during the period that public assistance was provided and the current history of regularity of payment by the responsible party. This subsection shall not apply to any court order or decree requiring the repayment of public assistance; however, the department is authorized to petition the court for consideration of a modification of an order or decree based on factors contained in this subsection and in the rules established by the Board of Human Services relating to such unreimbursed public assistance.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
Added by 2005 Ga. Laws 419,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-7 - Enforcement of support payments for dependent minor child public assistance recipients; attorney's fees; interest on judgment; limited scope of action

(a)
Whenever any dependent minor child is receiving public assistance, the department may recover any sum of money due the dependent child. The action shall be brought in the name of the child for the use of the department.
(b)
Pursuant to the authority provided in subsection (a) of this Code section, the department may appear in any judicial proceeding on behalf of the spouse and the dependent child to enforce the parties' right to support, including alimony as long as the provisions of subsection (d) of Code Section
19-11-6
are met.
(c)
Any action initiated by the department pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.
(d)
The court may award reasonable attorney's fees to the prevailing party.
(e)
The department may collect the legal rate of interest on any judgment obtained in any support action initiated by the department.
(f)
Any action initiated by the department pursuant to subsections (a) and (b) of this Code section or in any action in which the department appears pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-8 - Department's duty to enforce support of abandoned minor public assistance recipient; scope of action

(a)
Whenever the department receives an application for public assistance on behalf of a child and it appears that the child has been abandoned by one or both parents or that the responsible parent has failed to provide support to the child, it is the department's responsibility to take appropriate action under this article, the child support statutes, or other appropriate state and federal statutes to assure that the responsible parent supports the child.
(b)
The department shall accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and shall take appropriate action under this article, the child support statutes, or other state and federal statutes to assure that the responsible parent supports the child. The department shall provide that a reasonable application fee be charged each individual who applies for services under this subsection. The department shall enforce an order for alimony so long as child support is being collected along with alimony and all provisions of subsection (d) of Code Section
19-11-6
are met.
(c)
The department shall accept applications from noncustodial parents for services as provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection.
(d)
Any action initiated by the department pursuant to subsection (a), (b), or (c) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.
(e)
The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $35.00 for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the entity within the department authorized to enforce a duty of support.
Amended by 2018 Ga. Laws 475,§ 2-2, eff. 10/1/2018.
Amended by 2017 Ga. Laws 242,§ 1-18, eff. 10/1/2017.
Amended by 2007 Ga. Laws 350,§ 2, eff. 7/1/2007.
Amended by 2003 Ga. Laws 175, § 4, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-9.2 - Duty of employers to report employee hiring or rehiring

(a)
Employers doing business in the State of Georgia shall report to the Georgia state support registry managed by the Department of Human Services:
(1)
The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and
(2)
The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(b)
Reserved.
(c)
Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain:
(1)
The employee's name, address, social security number, and date of birth; and
(2)
The employer's name, address, and employment security number or unified business identifier number.
An employer who fails to report as required under this Code section shall be given a written warning.
(d)
Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed.
(e)
The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting.
(f)
The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the department, including, but not limited to, the Temporary Assistance for Needy Families program and the food stamp program.
(g)
The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying for or receiving unemployment compensation benefits and for the collection of delinquent unemployment contributions and overpayment of unemployment benefits.
(h)
The Department of Human Services shall administer this registry and shall provide computer access to the authorized users. The Department of Human Services shall be authorized to apportion the costs of the registry between the users.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 6, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-10 - Investigation to determine ability to support; notification of parent; information forms; penalty for falsifying parents' report

(a)
In cases in which a parent's obligation to support has not already been established by a court order, the department may conduct investigations to determine whether a responsible parent is able to support the dependent child receiving public assistance. The department shall notify the parents of any such planned investigation.
(b)
The department shall notify the parent of his legal duty to support his child or children and shall request information concerning his financial status in order to determine whether he is financially able to provide support.
(c)
The notice shall inform the parent that he may be liable for reimbursement of any support furnished prior to determination of his financial circumstances as well as future support.
(d)
Information requested shall be submitted on forms prescribed by the department and shall contain a sworn declaration of income, resources, and other matters bearing on the parent's ability to provide support. The department shall review the forms returned by each obligor and supplement the information provided therein, where required.
(e)
Any person who knowingly falsifies the parent's report of his income and resources shall be punished as for false swearing.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 1 - CHILD SUPPORT RECOVERY ACT (§§ 19-11-1 — 19-11-39) › Section 19-11-11 - Department subpoenas; court order requiring compliance

The department may examine any books, papers, or memoranda bearing upon the determination of the ability to support and for this purpose may, by means of subpoenas issued by its commissioner or his duly authorized representative, compel the attendance of witnesses and the production of relevant documents. Subpoenas of witnesses shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on application of the department, through the commissioner of human services or his duly authorized representative, the superior court of the county in which the person was required to appear may issue an order requiring the person to comply with the subpoena and to testify and to produce the relevant documents.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.