reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 1 - GENERAL PROVISIONS (§§ 49-1-1 — 49-1-9) › Section 49-1-1 - Definitions

As used in this title, the term:
(1)
"Board" means the Board of Human Services.
(2)
"Commissioner" means the commissioner of human services.
(3)
"County board" means a county or district board of family and children services.
(4)
"County department" means a county or district department of family and children services.
(5)
"County director" means the director of a county or district department of family and children services.
(6)
"Department" means the Department of Human Services.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 1 - GENERAL PROVISIONS (§§ 49-1-1 — 49-1-9) › Section 49-1-2 - Compliance of county departments with rules and regulations of the Department of Human Services

All rules and regulations made by the Department of Human Services shall be binding on the counties and shall be complied with by the respective county departments.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 1 - GENERAL PROVISIONS (§§ 49-1-1 — 49-1-9) › Section 49-1-4 - Sales by administrators to institutions prohibited

No individual, supervisor, or member of the Board of Human Services or the county or district boards of family and children services having to do with the administration of this title shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this title.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 1 - GENERAL PROVISIONS (§§ 49-1-1 — 49-1-9) › Section 49-1-5 - Suspension and removal of county board member, county director, or employee or official of department

(a)
In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee by or under authority of Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty.
(b)
In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal granted to such terminated director by or under the authority of Chapter 20 of Title 45, and the vacancy shall be filled as provided by law.
Amended by 2012 Ga. Laws 630,§ 2-93, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 1 - GENERAL PROVISIONS (§§ 49-1-1 — 49-1-9) › Section 49-1-6 - Transfer of assets of nonprofit corporation to department

(a)
Any charitable or nonprofit corporation which has been granted a charter or articles of incorporation under the laws of this state may transfer all or a part of its assets to the department upon such terms as may be agreed upon between such corporation and the department, provided such corporation shall first have obtained authority to make such transfer in accordance with this Code section.
(b)
Any such corporation may apply for authority to make such transfer by filing its petition with the superior court of the county in which such corporation has its principal office. Such application shall set forth the assets which the corporation desires to transfer to the department and the terms upon which it desires to transfer these assets.
(c)
Such corporation, once a week for four weeks prior to the filing of such petition, shall publish notice in the newspaper of the county in which is located the principal office of the corporation, such newspaper being the newspaper in which notices of sheriff's sales are advertised. The notice shall set forth the date, time, and place when such application will be presented, the court to which it will be presented, and the assets which such corporation desires to transfer to the department.
(d)
After a hearing, the court shall be authorized to grant the application and permit a transfer of the assets of the applicant upon terms as set out in the application or modified as the court may deem advisable, if the court considers this in the public interest; or the court may deny the application if the court deems such denial to be in the public interest. Where such corporation makes a transfer of all of its right, title, and interest in any of its assets to the department and such transfer is made pursuant to the authority of the court obtained in the manner provided for in this Code section, such transfer shall be conclusively deemed to be a proper and legal transfer.
(e)
Should such corporation desire to transfer all of its assets to the department, the court to which such application is presented may include in its order a provision that upon the transfer by such corporation of all of its assets to the department and upon compliance with Chapter 3 of Title 14, the charter or articles of incorporation of such corporation shall stand surrendered and the corporation dissolved.
(f)
Nothing contained in this Code section shall be considered as authorizing the department to accept a transfer of assets upon terms which would require the use of them by the department in a manner not authorized by law.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 1 - GENERAL PROVISIONS (§§ 49-1-1 — 49-1-9) › Section 49-1-8 - Website access for social services for kinship caregivers and children in their care

(a)
As used in this Code section, the term:
(1)
"Basic necessities" means water, electricity, gas, power, light, heat, telephone, or other public utility services.
(2)
"Child" means any person under 18 years of age.
(3)
"Kinship caregiver" means a grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling, or close family friend of a child who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the parents of such child losing or abdicating the ability to care for or provide basic necessities for such child.
(4)
"Parents" means the legal father and the legal mother of a child.
(b)
The department shall have the authority to provide and shall take all necessary steps to so provide a separate link or portal on its website which provides access to social services that are specific to kinship caregivers and the children in their care. Such link or portal shall provide specific information and access for applying for public assistance benefits in this state as a kinship caregiver and on behalf of children in the care of a kinship caregiver.
Added by 2016 Ga. Laws 409,§ 1-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-1 - Department created; transfer from Department of Human Resources; commissioner; kinship care enforcement administrator

(a)
There is created a Department of Human Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009.
(b)
There is created the position of commissioner of human services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.
(c)
(1)
As used in this subsection, the term:
(A)
"Fictive kin" shall have the same meaning as set forth in Code Section
15-11-2
.
(B)
"Kinship caregiver" means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child.
(2)
There is created the position of kinship care enforcement administrator within the Department of Human Services who shall be appointed by and serve at the discretion of the commissioner of human services. The kinship care enforcement administrator shall account for, monitor, facilitate, and ensure compliance with all laws, rules, and regulations of the federal government and this state which relate to any programs, including, but not limited to, any pilot programs, subsidies, or benefits, available to kinship caregivers or the children within their care.
Amended by 2016 Ga. Laws 409,§ 2-1, eff. 7/1/2016.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-2 - Board created; membership; appointment; terms; removal

(a)
There is created a Board of Human Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Services created by Code Section
49-2-1
. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Board of Community Health or the Board of Behavioral Health and Developmental Disabilities, are transferred to the Board of Human Services effective July 1, 2009, and the Board of Human Resources as it existed on June 30, 2009, shall be abolished effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate.
(b)
The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term.
(c)
Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term.
(d)
Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section
43-1-17
.
(e)
There shall be a chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board.
(f)
The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 982, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-3 - Functions transferred to the board from other boards and commissions

(a)
The policy-making functions of the State Board for Children and Youth, contained in Ga. L. 1963, p. 81, are vested in the Board of Human Services.
(b)
The policy-making functions of the Commission on Aging, created in Ga. L. 1962, p. 604, are vested in the Board of Human Services.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-4 - Divisions; allocation of functions

There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-5 - Department is institution of state; power to disburse state, county, and federal funds

The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-7 - Functions, duties, and authority transferred to the department from other state agencies

(a)
The functions, duties, and authority of the Board of Public Welfare, established by Ga. L. 1919, p. 222, as amended, as transferred and vested in the Board of Control of Eleemosynary Institutions by Ga. L. 1931, p. 7, Section 44A, are vested in the Department of Human Services.
(b)
The functions, duties, and authority of the Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended, are vested in the Department of Human Services.
(c)
The functions of the State Board for Children and Youth, created in Ga. L. 1963, p. 81, except for the policy-making functions transferred to the Board of Human Resources, are vested in the Department of Human Services.
(d)
The functions, duties, and authority of the State Commission on Aging, created in Ga. L. 1962, p. 602, except the policy-making functions transferred to the Board of Human Services, are vested in the Department of Human Services.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-8 - [Repealed] Approval of physicians employed by department

Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-9 - Powers in administering and disbursing funds

In administering any funds appropriated or made available to the department for welfare purposes, the department shall have the power:
(1)
To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; and
(2)
To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-10 - State appropriations; state, county, and federal welfare funds are for public purpose

For the purpose of carrying out the duties and obligations of the department for performance of welfare services of the state, for administrative costs, for matching such federal funds as may be available for all of the aforesaid services, for the purpose of establishing an equalization fund to be used in assisting those counties which may be unable otherwise to bear their proportionate share of the expenses of administration and of dispensing the benefits provided for under this title, and for dispensing all of the benefits provided for under this title, the General Assembly shall make appropriations out of the general fund of the state or otherwise for the various and separate activities of the department. All funds appropriated or allocated to the department or to the county departments by the General Assembly, the fiscal authorities of the respective counties, and by the federal government through its appropriate agencies and instrumentalities are declared to be funds provided for a public purpose; and all appropriations provided for in this Code section and hereafter may be expended and distributed by the department for the purposes provided for under this title.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-11 - Acceptance and disbursement of federal aid; compliance with conditions; use of appropriations for matching funds

(a)
Notwithstanding any provision in this title to the contrary, particularly Articles 2, 3, and 5 of Chapter 4 of this title, nothing therein contained shall be construed to prevent the acceptance of more than 50 percent federal matching funds. The department may accept and disburse the maximum percentage of federal grant-in-aid funds made available to this state by the federal government under any formula of variable grants or other formula for the granting of federal grants-in-aid.
(b)
The department is authorized to comply with the requirements prescribed by Congress as conditions to federal grants.
(c)
To the end of empowering the department to comply with federal requirements and to effectuate the purposes of grant-in-aid welfare programs, the board is authorized to promulgate all necessary rules and regulations and the department is authorized to do all things necessary and proper for the securing of the maximum amount of such federal grants.
(d)
In the event that Congress appropriates funds for grants-in-aid to the state governments for the purpose of assisting them in the operation of general assistance programs, medical assistance programs, or any other welfare programs, the department is authorized to cooperate with the federal government in such programs, to accept funds from the federal government in the maximum amounts made available, to disburse them, and to comply with all requirements of the federal government necessary for the securing of such grant-in-aid funds.
(e)
Any state funds which are made available by appropriation to the department for matching federal funds shall be available to supply the state portion of expenditures for general assistance programs, medical assistance programs, or any other type of welfare programs provided for by the federal government which benefit the citizens or residents of this state.
(f)
Notwithstanding subsections (a) through (e) of this Code section, the Department of Community Health shall be the single state agency for the administration of the state medical assistance plan.
Amended by 2023 Ga. Laws 353,§ 6, eff. 7/1/2023.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-12 - Development and revision of transportation plan for programs of department

(a)
All divisions and sections within the department shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including, but not limited to, those programs relating to the aged and to the mentally and physically disabled.
(b)
Other departments and agencies of the state shall cooperate with the Department of Human Services in mutually beneficial agreements regarding the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title.
(c)
The plan required to be developed under this Code section shall identify the fully allocated costs of the transportation component of their services and take into consideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the department to the Human Relations and Aging Committee of the House of Representatives and the Education and Youth Committee of the Senate, which plan shall be revised and submitted to such committees every two years thereafter.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-13 - Identifying transportation needs of the elderly and persons with disabilities and alternatives to meet needs

All divisions and sections within the department, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and persons with disabilities are not and cannot be adequately served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the department shall identify alternatives for meeting the transportation needs of these persons and shall report to the committees specified in subsection (c) of Code Section
49-2-12
as required therein. Such alternative means to be considered for providing for the transportation needs of these persons should include, but shall not be limited to:
(1)
Contract service resulting from competitive bidding by private sector bus operators operating under Article 1 of Chapter 7 of Title 46;
(2)
Contract service resulting from competitive bidding by taxi operators;
(3)
Negotiated fee basis with municipal and area-wide transportation systems serving the general public; or
(4)
Any combination of paragraphs (1) through (3) of this Code section.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
Amended by 2009 Ga. Laws 8,§ 49, eff. 4/14/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-13.1 - Financial assistance for transportation services for the elderly and persons with disabilities

(a)
The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section.
(b)
In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-15 - Service of process against department

When any action is brought against the Department of Human Services, the Board of Human Services, the commissioner of human services, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner of human services personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-16 - [Repealed] Council for Welfare Administration

Repealed by 2015 Ga. Laws 77,§ 12, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 1 - GENERAL PROVISIONS (§§ 49-2-1 — 49-2-19) › Section 49-2-18 - Director of Division of Family and Children Services; appointment; qualifications

(a)
The Governor shall appoint the director of the Division of Family and Children Services of the department who shall serve at the pleasure of the Governor. The director shall be an employee of the department but shall report directly to the Governor.
(b)
The director shall have a college degree and at least one of the following qualifications:
(1)
Educational background or managerial experience involving work with vulnerable populations;
(2)
Work experience in a setting dealing with the safety or well-being of children or other vulnerable populations; or
(3)
Experience working in or managing a complex, multidisciplinary business or government agency.
Added by 2015 Ga. Laws 77,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 2 - INSPECTIONS (§§ 49-2-20 — 49-2-25) › Section 49-2-20 - Definitions

As used in this article, the term:
(1)
"Inspection warrant" means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a residential child care licensing law.
(2)
"Residential child care licensing law" means this chapter and Chapter 5 of this title and any rule or regulation duly promulgated thereunder.
Added by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 2 - INSPECTIONS (§§ 49-2-20 — 49-2-25) › Section 49-2-21 - Persons who may obtain inspection warrants; authorization to search or inspect property

The commissioner or the commissioner's designee, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this article. Such warrant shall authorize the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated pursuant to a residential child care licensing law.
Added by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 2 - INSPECTIONS (§§ 49-2-20 — 49-2-25) › Section 49-2-22 - Procedure for issuance of inspection warrants

(a)
Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.
(b)
The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met:
(1)
The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and
(2)
The issuing judge determines that the issuance of the warrant is authorized by this article.
Added by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 2 - INSPECTIONS (§§ 49-2-20 — 49-2-25) › Section 49-2-23 - Requirements for validly issued inspection warrant; contents of warrant

The inspection warrant shall be validly issued only if it meets the following requirements:
(1)
The warrant is attached to the affidavit required to be made in order to obtain the warrant;
(2)
The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;
(3)
The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and
(4)
The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.
Added by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 2 - INSPECTIONS (§§ 49-2-20 — 49-2-25) › Section 49-2-24 - Evidence generated inadmissible in criminal proceedings

No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this article shall be competent as evidence in any criminal proceeding against any party.
Added by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 2 - DEPARTMENT, COMMISSIONER, AND BOARD OF HUMAN SERVICES (§§ 49-2-1 — 49-2-25) › Article 2 - INSPECTIONS (§§ 49-2-20 — 49-2-25) › Section 49-2-25 - Injunctions for certain violations of residential child care licensing law

The Department of Human Services is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of a residential child care licensing law as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs.
Added by 2009 Ga. Laws 102,§ 2-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-1 - Establishment of county and district departments, boards, and directors

(a)
There shall be in each county of the state a county department of family and children services, which shall consist of a county board of family and children services, a county director of family and children services, and such additional employees as may be necessary for the efficient performance of the welfare services of the county.
(b)
With the approval of the Department of Human Services, two or more counties may, however, unite and form a district department of family and children services, in which case a county board shall be appointed for each county composing the district as provided in Code Section
49-3-2
and those boards, acting together, shall constitute the district board. All duties and responsibilities set forth in this title for county departments shall also apply to district departments. The district director and other executive staff of any district department shall be appointed by the Department of Human Services, provided that the department shall not appoint as district director any person whose appointment is not approved by a majority of the district board concerned in a meeting of such district board called for that purpose.
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 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-3 - County director; appointment; bond

(a)
Each county board of family and children services shall recommend to the commissioner of human services one or more names for appointment to the position of county director. The commissioner is designated as the appointing authority for the department and may accept or reject any such recommendation.
(b)
The county director shall give bond for the faithful performance of his duties and the faithful accounting of all moneys coming into his hands as such county director, in such a manner and under such terms and conditions as may be prescribed by the Department of Human Services.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2008 Ga. Laws 498,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-3.1 - Annual report; personal appearance

(a)
The county director of the department of family and children services of each county shall provide an annual report no later than December 31 of each year, beginning in the year 2000, to the county board, county commission, and the director of the Division of Family and Children Services. The county director of the department of family and children services of each county shall notify each member of the General Assembly whose legislative district includes any part of that county of the availability of the annual report but shall not be required to distribute copies of the annual report to the members. The report shall include the following information for the 12 month period ending June 30 of that year:
(1)
The number of children for whom the county department has received a complaint of child abuse pursuant to Code Section
19-7-5
;
(2)
General demographic data such as gender, race, and age regarding children specified in paragraph (1) of this subsection;
(3)
The number of children taken into county department custody;
(4)
The number of placements of children in county department custody by the type of placement;
(5)
The length of time in county department custody by the number of children; and
(6)
Any other information required by the director of the Division of Family and Children Services.
(b)
A majority of the legislative delegation whose members are required to receive notification pursuant to subsection (a) of this Code section shall be authorized to require the director of the department of family and children services of the county which provided that report to appear before that delegation and to answer questions regarding that report and other matters relating to issues of child abuse and child protective services.
Amended by 2005 Ga. Laws 333,§ 38, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-4 - Appointment of staff; salaries; power of commissioner to transfer employees

(a)
The county department staff necessary to administer welfare activities within the county shall be appointed pursuant to the rules and regulations of the Department of Human Services and the State Personnel Board and subject to the approval of the commissioner of human services. Staff appointments shall meet the qualifications prescribed by the department.
(b)
The salaries of the members of the staff shall be fixed by the county director in conformity with the salary schedule prescribed by the Department of Human Services.
(c)
The commissioner shall have power to transfer from one county to another or from one district to another any employee of a county department.
Amended by 2012 Ga. Laws 630,§ 2-95, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-5 - Powers and duties of county director

The county director shall be the executive and administrative officer of the county department, shall be responsible for operations and personnel, and shall serve as the secretary of the county board. He shall prepare and submit to the county board for its approval an annual budget of all funds necessary for the county department. He shall prepare annually a full report of the operations and administration of the county department.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-6 - Functions of county department

(a)
The primary purpose of county departments shall be to protect children. To achieve this primary purpose, the county departments shall, in accordance with rules and regulations of the Division of Family and Children Services of the department:
(1)
Investigate reports of abuse or neglect;
(2)
Assess, promote, and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect;
(3)
Work cooperatively with law enforcement regarding reports that include criminal conduct allegations;
(4)
In collaboration with the family treatment court division planning group, if one exists, establish a written protocol to assess cases involving substantiated reports of abuse or neglect for possible referral to a family treatment court division. Such protocol shall be consistent with the Council of Accountability Courts of Georgia's certification requirements and include sufficient criteria to determine the need for substance abuse treatment; and
(5)
Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family, and provide prevention, intervention, and treatment services pursuant to this title.
(b)
In addition to the purpose in subsection (a) of this Code section, and subject to the rules and regulations of the Board of Human Services, the county department shall be charged with the administration of all forms of public assistance in the county, including home relief; indoor and outdoor care for those in need; temporary assistance for needy families; old-age assistance; aid to the blind and otherwise disabled; the care and treatment of dependent and neglected children; and such other welfare activities as shall be delegated to it by the Division of Family and Children Services of the department or by the county commissioners.
Amended by 2017 Ga. Laws 226,§ 1-5, eff. 7/1/2017.
Amended by 2015 Ga. Laws 77,§ 3, eff. 7/1/2015.
Amended by 2015 Ga. Laws 73,§ 5-100, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-7 - Removal of county director for falsification of qualifications

The State Personnel Board and the Department of Administrative Services shall remove from office any county director who has falsified any statement relating to his or her education, social welfare service, or other qualification, in any particular, whether material or immaterial. The application of the county director for examination, on file with the Department of Administrative Services, shall not be allowed to be varied by other evidence offered by the county director; the application itself shall be the controlling factor in the determination of its truth or untruth.
Amended by 2012 Ga. Laws 630,§ 2-96, 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 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-8 - Destruction of county departmental records

Any county department of family and children services, at the discretion of the county director, may destroy public assistance case records which have been inactive for three years or more, as well as related statistical and financial forms and reports. A record must be retained beyond the three-year period as long as a federal or state audit of that record is in progress, or if an audit's findings have not been resolved, or if the case in question is the subject of pending administrative or judicial litigation.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 3 - COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES (§§ 49-3-1 — 49-3-9) › Section 49-3-9 - DFCS Regional Advisory Boards; membership; purpose; meetings

There is established in each region a DFCS Regional Advisory Board. Each regional advisory board shall be composed of at least five members and shall include the director and at least one board member of each county department of family and children services within the region as selected by the DFCS regional director. The DFCS regional director may appoint additional members who are representatives from the categories included in paragraphs (1) through (9) of subsection (a) of Code Section
49-3-2
. The purpose of the regional advisory boards shall be to improve communication and coordination between the county departments of family and children services of the counties within the region, to improve and streamline service delivery by the county departments, and to provide for the consistent application of state policy of the Division of Family and Children Services of the department within the county departments within each DFCS region. Each regional advisory board shall meet at least quarterly.
Added by 2015 Ga. Laws 77,§ 4, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-1 - Short title

The short title of this article shall be "Georgia Public Assistance Act of 1965."
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-2 - Definitions

As used in this article, the term:
(1)
"Department" means the Department of Human Services and includes the county departments of family and children services and the agents, agencies, officers, and employees designated by the commissioner of human services to perform any function vested in the Department of Human Services by this article.
(2)
"Public assistance" means payment in or by money, medical care, remedial care, goods, or services to or for the benefit of needy persons under any categories that may be established pursuant to this article.
(3)
"Recipient" means a person to whom, or on whose behalf, public assistance is granted.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.