reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.06 - Referrals

Current through Rules and Regulations filed through June 27,
				2024
(a) Individuals
				seeking assistance with identifying persons to delegate a power of attorney
				under O.C.G.A. Secs.
				19-9-120
et seq.
,
				may be referred by the Department to the website that identifies the
				faith-based organizations and nonprofit entities that have met the annual
				reporting requirements of Rule
				290-1-10-.05.
(b) The Department shall not be liable for
				civil damages or be subject to any claim, demand, cause of action, or
				proceeding as a result of referring persons seeking assistance to identify a
				nonprofit entity or faith-based organization that has met the annual reporting
				requirements of Rule
				290-1-10-.05.
O.C.G.A. §
				  19-9-123.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.07 - Maintenance of Records

Current through Rules and Regulations filed
				through June 27, 2024
(a) Each nonprofit entity or faith-based
				organization that is not licensed by the Department but is providing services
				pursuant to O.C.G.A. Secs.
				19-9-120
et seq.
,
				shall maintain records and submit annual reports to the Department in
				accordance with Rule
				290-1-10-.05.
(b) Each child-placing agency, nonprofit
				entity or faith-based organization that assists with the execution of a power
				of attorney under O.C.G.A. Secs.
				19-9-120
et seq.
,
				shall maintain a record of all powers of attorney executed by agents approved
				by such agency, entity or organization for at least five years after the
				expiration of such powers of attorney.
(c) Each child-placing agency, nonprofit
				entity or faith-based organization that receives a revocation of a power of
				attorney or a resignation by an agent under O.C.G.A. Secs.
				19-9-120
et seq.
,
				shall maintain a record of the revocation of power of attorney and/or
				resignation of the agent for at least five years after the expiration of such
				power of attorney and 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 notification.
(d)
				Records of powers of attorney shall be kept confidential.
(e) Records of powers of attorney shall be
				kept current and accessible to 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 in accordance with O.C.G..A.
				Sec. 19-9-129.
O.C.G.A. §§
				  19-9-123,
				  19-9-124,
				  19-9-129,
				  19-9-130.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.08 - Child Abuse and Neglect

Current through Rules and Regulations
				filed through June 27, 2024
(a) The execution of a power of attorney
				under O.C.G.A. Secs.
				19-9-120
et seq.
,
				shall not, in the absence of other evidence, constitute abandonment, abuse,
				neglect, or any indication of unfitness as a parent.
(b) Whenever a child-placing agency,
				nonprofit entity or faith-based organization has reason to believe that a child
				in care has been subjected to child abuse, it shall cause a report of such
				abuse to be made to the child welfare agency of the county of occurrence
				providing protective services as designated by the Department of Human Services
				(Division of Family and Children Services) or in the absence of such an agency
				to an appropriate police authority or district attorney in accordance with the
				requirements of O.C.G.A. Sec.
				19-7-5.
(c) Nothing in the provisions of O.C.G.A.
				Secs. 19-9-120
et seq.
,
				nor these rules 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.
(d)
				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.
(e) Nothing in the provisions of O.C.G.A.
				Secs. 19-9-120
et seq.
,
				nor these rules shall be construed to diminish or limit any rights, power, or
				authority of or by the Department's Division of Family and Children Services
				for the protection of any child.
O.C.G.A. §§
				  19-9-126,
				  19-9-128.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.09 - Severability

Current through Rules and Regulations filed through June 27,
				2024
In the event that any rule, sentence, clause, or phrase of
				  any of these rules may be construed by any court of competent jurisdiction to
				  be invalid, illegal, unconstitutional, or otherwise unenforceable, such
				  determination or adjudication shall in no manner affect the remaining rules or
				  portion thereof. The remaining rules or portions of rules shall remain in full
				  force and effect, as if such rule or portions thereof so determined, declared,
				  or adjudged invalid or unconstitutional were not originally a part of these
				  rules.
O.C.G.A. §§
				  19-9-120
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-11 - PERSONS WITH A DISABILITY › Rule 290-1-11-.01 - Legal Authority

Current through Rules and Regulations filed
				through June 27, 2024
These rules are adopted and published pursuant Title II of
				  the Americans with Disabilities Act of 1990, as amended (the "ADA"),
				  42 U.S.C. §
				  12132, and Section
				  504 of the Rehabilitation Act of
				  1973 ("Section 504"), 29
				  U.S.C. § 794, and Chapter 30-4 of the
				  Official Code of Georgia Annotated, O.C.G.A. §
				  30-4-1 et seq.
O.C.G.A. §
				  30-4-5.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-11 - PERSONS WITH A DISABILITY › Rule 290-1-11-.02 - Prohibiting Discrimination Against Persons with a Disability

Current through Rules and Regulations filed through June 27,
				2024
(1) The Department
				prohibits unlawful discrimination on the basis of an individual's disability,
				as proscribed by Title II of the Americans with Disabilities Act of 1990, as
				amended (the "ADA"), 42
				U.S.C. § 12132, and Section
				504 of the Rehabilitation Act of
				1973 ("Section 504"), 29
				U.S.C. § 794, and applicable state
				laws.
(2) No qualified individual
				with a disability shall, by reason of such disability, be excluded from
				participation in or be denied the benefits of the services, programs, or
				activities provided by the Department. Such prohibitions include individuals
				who are considered legally blind under state and federal law.
(3) The Department will make reasonable
				modifications to its policies, practices, or procedures when necessary to avoid
				discrimination on the basis of disability, as required by the ADA/Section 504.
				The Department is not required to provide modifications that would
				fundamentally alter the nature of the service, program, or activity or that
				would result in undue financial and administrative burdens.
O.C.G.A. §
				  30-4-5.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.01 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.02 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.03 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.04 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.05 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.06 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.07 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.08 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.09 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.10 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.11 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.12 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.13 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.14 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.15 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.16 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.17 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.18 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.19 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.20 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-1 - REPEALED (290-2-1-.01 Thru 290-2-1-.21) › Rule 290-2-1-.21 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.01 - Legal Authority

Current through Rules and Regulations filed
				through June 27, 2024
These rules are adopted and published pursuant to the Code of
				  Georgia Annotated (O.C.G.A.) Sec.
				  49-5-1
et
				  seq.
**
O.C.G.A. Chapter
				  49-5-3 (1982 and 1982 Supp.); O.C.G.A. Chapter 49-5-12 (1982 and 1982 Supp.);
				  O.C.G.A. Sec.
				  49-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.02 - Title and Purpose

Current through Rules and Regulations filed
				through June 27, 2024
These rules shall be known as the Rules and Regulations for
				  Day Care Centers. The purpose of these rules is to provide for the inspection,
				  licensing and commissioning of day care centers within
				  Georgia.**
O.C.G.A. Chapter
				  31-2-4 (1982 Supp.); O.C.G.A. Chapter 49-5-12 (1982 and 1982 Supp.); O.C.G.A.
				  Sec. 49-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.04 - Governing Body

Current through Rules and Regulations filed
				through June 27, 2024
Each center shall have a clearly identified governing body
				  which shall be empowered and responsible for determining all policies and
				  procedures and ensuring compliance with these rules and regulations. The
				  chairperson or chief executive officer of the governing body shall complete a
				  statement of responsibility on behalf of the governing body acknowledging the
				  same in connection with any application for license or commission on a form
				  provided by the department. If the center is individually owned, then the
				  owner(s) will complete the statement of responsibility.** *
O.C.G.A. Secs.
				  19-7-5,
				  49-5-8,
				  49-5-12.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.05 - Licenses, Commissions, and Exemptions

Current through Rules and
				Regulations filed through June 27, 2024
No person, partnership, association, corporation or entity
				  shall operate a day care center in the State without having first obtained a
				  license or commission to operate the center by demonstrating compliance with
				  the necessary requirements set forth in these rules.** *
(a)
Licenses and Commissions.
The department may issue a temporary license or temporary commission, a
				restricted license or restricted commission, or a license or commission in
				accordance with these rules.** *
1.
Temporary License or Commission.
The department may in its
				discretion issue a temporary license or temporary commission if the health and
				safety of the children to be served by the center will not be endangered. A
				temporary license or commission will be valid for a specified period not to
				exceed one (1) year and may be issued in the following instances:** *
(i) when it is found that a day care center
				complies with all of the rules which have the
"*" designation but has not yet enrolled children; or**
				  *
(ii) when the day care
				center is not in full compliance with these rules but has demonstrated
				satisfactory evidence that it is making progress toward meeting these rules and
				has submitted an acceptable plan of correction.** *
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.06 - Applications

Current through Rules and Regulations filed through June 27,
				2024
An application for a license or commission to operate a day
				  care center shall be submitted to the department on the forms provided by the
				  department.** *
(a)
Applicant
				Defined.
The individual completing the application for a license or a
				commission shall be competent and at least eighteen (18) years of age.** *
1. When the center is owned by a sole
				proprietorship, the individual proprietor shall apply for the license of
				commission, complete the statement of responsibility and serve as the licensee
				or commission holder;** *
2. When
				the center is owned by a partnership, the general partners shall apply for the
				license or commission, complete the statement of responsibility and serve as
				the licensee or commission holder;** *
3. When the center is owned by an
				association, the governing body of the association shall authorize the
				application for the license or commission and complete the statement of
				responsibility and the association shall serve as the licensee or commission
				holder;** *
4. When the center is
				owned by a corporation, the governing body of the corporation shall authorize
				the application for the license or commission and complete the statement of
				responsibility and the corporation shall serve as the licensee or commission
				holder.** *
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.07 - Inspections and Investigations

Current through Rules and
				Regulations filed through June 27, 2024
The department is authorized and empowered to conduct
				  investigations and on-site inspections of any day care center required by these
				  rules to be licensed or commissioned. The proposed and current licensee or
				  commission holder and staff shall cooperate with any inspection or
				  investigation by responding truthfully to any legitimate departmental
				  inquiry.** *
(a)
Initial
				Inspection.
Following receipt and review of the complete application
				package, the department may conduct an on-site inspection of the center to
				assess compliance with these rules.** *
(b)
Consent to Entry.
An
				application for a license or commission to operate a day care center or the
				issuance of a license or commission by the department constitutes consent by
				the applicant, the proposed holder of the license or commission and the owner
				of the premises for the department's representative, after displaying
				identification to any center staff, to enter the premises at any time during
				operating hours for the purpose of inspecting the facility, including both
				scheduled and unscheduled inspections and includes consent for meaningful
				access to all staff, parts of the premises, all children present, and all
				records required by these rules. The department shall have the right to
				photocopy or reproduce by any means any record required by these rules to be
				maintained and as needed for any inspection or investigation.**
(c)
Other Inspections.
The
				department may conduct on-site inspections of a center in the following
				instances:**
1. annually or at other regular
				intervals as the department may determine or at the expiration of the current
				license or commission; or**
2. upon
				receiving a report alleging child abuse, neglect or deprivation which occurred
				while the child was in the care of the center director or employees;
				or**
3. upon receiving a complaint
				concerning the center which could endanger the health, safety or welfare of the
				children in care; or**
4. upon
				receipt and review of a request for an amended license or commission, where the
				department determines that an on-site inspection is advisable; or**
5. upon the department or its duly authorized
				representative being made aware of any flagrant abuses, derelictions or
				deficiencies during the course of the department's inspection or at any other
				time. The department shall immediately investigate such matters and may make an
				on-site inspection so as to take such actions as conditions may require;
				or**
6. subsequent to the receipt
				of a plan of correction, as determined necessary by the department, to monitor
				whether the plan of correction is being complied with by the center
				personnel.**
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.08 - Admission and Enrollment

Current through Rules and Regulations filed
				through June 27, 2024
The center shall not accept a child for enrollment or
				  continue the child's enrollment in the center where the center staff determines
				  that services necessary to protect the health and safety of the child while at
				  the center cannot be provided. No child shall be admitted for care to the
				  center without enrollment records having been completed on the child in
				  accordance with the requirements set forth in Rule
				  290-2-2-.10.** *
O.C.G.A. Chapter
				  49-5-12 (1982 and 1982 Supp.); O.C.G.A. Sec.
				  49-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.10 - Record Keeping and Reporting

Current through Rules and
				Regulations filed through June 27, 2024
The following records shall be maintained on file at each
				  center subject to the exceptions listed herein. The records shall be maintained
				  in an organized manner and shall be accessible to the Department.** *
(a)
Records on Administrator and
				Employees.
The file for each administrator and employee shall contain:**
				*
1. Identifying information to include:** *
(i) Name,** *
(ii) Date of Birth,** *
(iii) Social Security number,** *
(iv) Current address, and** *
(v) Current telephone number;** *
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.11 - Operations, Health, Safety and Activities

Current through Rules
				and Regulations filed through June 27, 2024
Each center shall be operated in accordance with the
				  following:** *
(a)
Policies and
				Procedures.
Each center shall establish policies and procedures which
				shall be kept current and made available to the parents and used to govern the
				operations of the center. The policies and procedures shall:** *
1. Be consistent with applicable laws,
				regulations and these rules;** *
2.
				Include a written description of services to be provided which specifies the
				following:** *
(i) Ages of children served,**
				*
(ii) Months of operation,**
				*
(iii) Days of operation,**
				*
(iv) Hours of operation,**
				*
(v) Dates center is closed,**
				*
(vi) Admission requirements,
				including parental responsibilities for supplying and maintaining accurate
				required record information and escorting child to and from center,**
				*
(vii) Standard fees, payment of
				fees, fees related to absences and vacations and other charges such as
				insurance, transportation, etc.** *
(viii) Transportation provided, if any;**
				*
3. The policies and
				procedures shall also include written procedures for the following:** *
(i) Guidance and discipline techniques,**
				*
(ii) Handling emergency medical
				care, including place(s) the children will be taken for emergency medical
				care,** *
(iii) Administering
				medication and recording noticeable adverse reactions to the
				medication,**
(iv) Notifying
				parents of their child's:** *
(I) Illness,**
				*
(II) Injury, and** *
(III) Exposure to a notifiable communicable
				disease,** *
(IV) Noticeable
				adverse reactions to prescribed medication(s),** *
(v) Exclusion of sick children,** *
(vi) Exclusion of children with communicable
				diseases as defined on the chart of communicable diseases which contains
				recommendations for the exclusion of sick children and their readmission and is
				provided by the department,** *
(vii) Protection of children in the event
				of:** *
(I) Severe weather,** *
(II) Fire, and** *
(III) Physical plant problems, such as a
				power failure, that affects climate control or structural damages, and**
				*
(viii) the center's
				transportation of children to or from school or home, if provided, to include
				the procedure to be followed if no one is home or at the designated drop-off
				site to receive a transported child.** *
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.12 - Physical Environment and Equipment

Current through Rules and
				Regulations filed through June 27, 2024
A person planning the construction of a new center or any
				  structural changes to an existing center shall obtain the following approvals
				  and submit evidence of the same to the department:** *
(a)
Required Approvals.
The
				center shall be approved by the local zoning, authority,** *
(b) The center plans shall be approved prior
				to construction or renovation by:** *
1. The
				appropriate fire marshal or state inspector,** *
2. The local building official, and**
				*
3. The department.** *
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.13 - Emergency Situations

Current through Rules and Regulations filed
				through June 27, 2024
A center shall have a written plan for handling emergencies,
				  including but not limited to severe weather, loss of electrical power or water
				  and death, serious injury or loss of a child, which may occur at the center. No
				  center personnel shall impede in any way the delivery of emergency care or
				  services to a child by licensed or certified emergency health care
				  professionals.** *
O.C.G.A. Chapter
				  49-5-12 (1982 and 1982 Supp.) O.C.G.A. Sec.
				  49-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.14 - Food Services and Nutrition

Current through Rules and Regulations
				filed through June 27, 2024
The center shall ensure that the children receive nutritious
				  meals and snacks in accordance with the following:**
(a) A written feeding plan for children under
				one (1) year of age shall be obtained from parents:
1. Instructions from the parents shall be
				updated regularly as new foods are added or other dietary changes are made;
				and
2. The parent shall sign the
				feeding plan.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.15 - Waivers and Variances

Current through Rules and Regulations filed
				through June 27, 2024
The department may, in its discretion, grant waivers and
				  variances of specific rules upon application or petition being filed on forms
				  provided by the department. The department may establish conditions which must
				  be met by the center in order to operate under the waiver or variance granted.
				  Waivers and variances may be granted in accordance with the following
				  considerations:**
(a)
Variance.
A variance may be granted by the department upon a
				showing by the applicant or petitioner that the particular rule or regulation
				that is the subject of the variance request should not be applied as written
				because strict application of the rule would cause undue hardship. The
				applicant or petitioner must also show that adequate standards affording
				protection for the health, safety and care of the children exist and will be
				met in lieu of the exact requirements of the rule or regulation in
				question.**
(b)
Waiver.
The department may dispense entirely with the enforcement
				of a rule or regulation by granting a waiver upon a showing by the applicant or
				petitioner that the purpose of the rule or regulation is met through equivalent
				standards affording equivalent protection for the health, safety and care of
				the children.**
(c)
Experimental Variance or Waiver.
The department may grant waivers
				and variances to allow experimentation and demonstration of new and innovative
				approaches to delivery of services upon a showing by the applicant or
				petitioner that the intended protections afforded by the rule or regulation
				which is the subject of the request are met and that the innovative approach
				has the potential to improve service delivery.**
O.C.G.A. Chapter
				  49-5-12 (1982); O.C.G.A. Secs.
				  31-2-4,
				  49-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.16 - Enforcement and Penalties

Current through Rules and Regulations
				filed through June 27, 2024
No day care center shall operate in the State without a
				  license or commission unless the department determines that it is exempt from
				  licensure or commission requirements. A license or commission to operate a day
				  care center may be denied, revoked, restricted or suspended in accordance with
				  the following:**
(a)
Refusal of
				a License or Commission.
The department shall refuse to issue any
				license or commission upon a showing of:**
1.
				Noncompliance with the Rules and Regulations for Day Care Centers which are
				designated in writing to the center as being related to children's health and
				safety; or, flagrant and continued operation of an unlicensed facility in
				contravention of the law; or prior license denial or revocation within one (1)
				year of application; or,**
2. the
				department may refuse to issue a license or commission where the applicant, or
				the agent of the applicant, denies the department's representative access to
				the center for the purposes of determining whether a license or commission will
				be granted; or,**
3. the department
				may refuse to issue a license or commission where the director or employees of
				the center do not undergo the applicable records check and receive satisfactory
				determinations.**
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.17 - Severability

Current through Rules and Regulations filed through June 27,
				2024
In the event that any rule, sentence, clause or phrase of any
				  of these rules and regulations may be construed by any court of competent
				  jurisdiction to be invalid, illegal, unconstitutional, or otherwise
				  unenforceable, such determination or adjudication shall in no manner affect the
				  remaining rules or portions thereof. The remaining rules or portions thereof
				  shall remain in full force and effect, as if such rule or portions thereof so
				  determined, declared or adjudged invalid or unconstitutional were not
				  originally a part of these rules.**
O.C.G.A. Chapter
				  31-2-4 (1982 Supp.); O.C.G.A. Secs.
				  49-5-8,
				  49-5-12.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.18 - Notice of Revocation or Emergency Suspension Actions

Current
				through Rules and Regulations filed through June 27, 2024
(1) The Department shall provide notice of
				its actions to revoke the license or seek an emergency suspension of the
				center's license to operate to parents, guardians, and others who may have
				children in the care of the center. This notice, together with the Department's
				complaint intake phone number and website, shall be provided to parents,
				guardians, and others through the following methods:
(a) The posting of the official notice of the
				revocation or emergency suspension action and any final resolution at the
				center by Departmental staff in an area that is visible to the parents and
				guardians whose children attend the center;
(b) The posting of the official notice of the
				revocation or emergency suspension action and any final resolution on the
				Department's website; and
(c) The
				distribution by Departmental staff of a brief notice of the initial filing of
				action to revoke or suspend the center's license to the parents or guardians,
				or persons authorized to pick up the children from care for the parents or
				guardians, who are at the center at the time that the notice of revocation or
				emergency suspension is posted by the Department.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-2 - DAY CARE CENTERS › Rule 290-2-2-.19 - Infant-Sleeping Safety Requirements

Current through Rules and
				Regulations filed through June 27, 2024
In order to reduce the risk of Sudden Infant Death Syndrome
				  (SIDS), staff shall put an infant to sleep on the infant's back unless the
				  center has been provided a physician's written statement authorizing another
				  sleep position for that particular infant. The infant shall be placed for
				  sleeping on a firm, tight-fitting mattress in a sturdy and safe crib. If the
				  crib has side bars, the bars shall be no more than two and three-eighths inches
				  (2 3/8") apart. Any crib used
				  for sleeping shall have a tight-fitting bottom crib sheet with no pillows,
				  quilts, comforters, bumper pads, sheepskins, stuffed toys, or other soft items
				  in the crib. If a blanket is required for the comfort of the infant, the
				  infant's feet shall be placed at the foot of the crib and the infant shall be
				  covered with the blanket only to chest level with the blanket tucked firmly
				  under the crib mattress. The infant's sleeping area shall be maintained within
				  a temperature range of sixty-five (65) to eighty-five (85) degrees depending
				  upon the season. When an infant can easily turn over onto his or her stomach,
				  staff shall continue to put the infant to sleep initially on the infant's back
				  but allow the infant to roll over onto his or her stomach as the infant
				  prefers. Positioning devices that restrict an infant's movement in the crib
				  shall not be used unless a physician's written statement authorizing its use is
				  provided for that particular infant.
O.C.G.A. Secs.
				  49-5-1
et seq.
,
				  49-5-12,
				  50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.01 - Legal Authority

Current through Rules and Regulations filed
				through June 27, 2024
These rules are adopted and published pursuant to the
				  Official Code of Georgia Annotated (O.C.G.A.) Sec.
				  20-1A-1
et
				  seq.
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.02 - Title and Purpose

Current through Rules and Regulations filed
				through June 27, 2024
These rules shall be known as the Rules and Regulations for
				  Family Child Care Learning Homes.
The purpose of these rules is to provide for the licensure of
				  Family Child Care Learning Homes within Georgia.
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.04 - Requirements for Applications and Licenses

Current through Rules
				and Regulations filed through June 27, 2024
(1) General
(a) No person shall operate a Family Child
				Care Learning Home in the State of Georgia unless a License has been obtained
				from the Department.
(b) A License
				is nontransferable. A License to operate a Home is not transferable in any way.
				A change of residence or address or Provider requires a new License. Each
				License shall become invalid immediately upon the final closure of the Home, or
				the final suspension, revocation, or restriction of the License in accordance
				with Georgia law.
(c) Any person
				that provides care for at least three but not more than six Children for pay
				under 13 years of age who are not Related to such persons and whose Parent(s)
				are not residents in the same private residence as the Provider shall make
				application to the Department for a License to operate a Family Child Care
				Learning Home.
(d) Any person that
				provides care for more than six children for pay, related or unrelated, as
				defined in these rules, shall make application to the Department for a License
				to operate a Child Care Learning Center, except as provided in
				290-2-3-.07(15).
(e) No home shall claim to be a licensed
				Family Child Care Learning Home unless it has been issued a current and valid
				License by the Department.
(f)
				License Fees. Every License or Commission issued by the Department to operate a
				Family Child Care Learning Home shall be subject to an annual fee of $50.00. If
				such annual fee is not paid by the date set forth by the Department, the
				Department may issue a late fee of up to $250.00 within 30 days of the due
				date. If such annual fee and any imposed late fees are not paid within 30 days
				of the due date, the Department shall revoke the License or
				Commission.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.05 - Inspections and Investigations

Current through Rules and Regulations filed
				through June 27, 2024
The Department is authorized and empowered to conduct
				  investigations and on-site inspections of any Home during the operating hours
				  of the Home.
(a) Inspections and
				Investigations. The Department may conduct inspections and investigations in
				the following instances:
1. At regular
				intervals as the Department may determine or at the expiration of the current
				License or Permit;
2. Upon
				receiving a report alleging child abuse, neglect or deprivation which occurred
				while the child was in the care of the Home Provider, Provisional Employees or
				Employees;
3. Upon receiving a
				complaint concerning the Home which could endanger the health, safety or
				welfare of the children in care;
4.
				Upon the Department or its duly authorized representative being made aware of
				any flagrant abuses, derelictions or deficiencies during the course of the
				inspection or at any other time. The Department shall immediately investigate
				such matters and may make an on-site inspection so as to take such actions as
				conditions may require;
5.
				Subsequent to the receipt of a Plan of Correction, as determined necessary by
				the Department to monitor whether the Plan of Correction is being complied with
				by the Home.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.06 - Parental Access

Current through Rules and Regulations filed
				through June 27, 2024
The Parent(s) of a Child shall be permitted access to all
				  child care areas of the Home at all times a Child is in attendance, unless
				  otherwise ordered by a court of proper jurisdiction.
O.C.G.A. §
				  20-1A-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.07 - Staffing and Supervision

Current through Rules and Regulations
				filed through June 27, 2024
(1) The Provider shall be at least 21 years
				of age.
(2) Providers must possess
				and submit valid evidence/documentation of one of the following
				credentials/degrees issued by either the organizations listed below, an
				accredited educational institution, or another organization approved/recognized
				by the Department:
a. Child Development
				Associate (CDA) credential (issued by the Council for Professional
				Recognitionand kept current); or
b.
				Technical Certificate of Credit (TCC) in Early Childhood Education;
				or
c. Technical College Diploma
				(TCD) in Early Childhood Education; or
d. Associate Degree in Early Childhood
				Education (AA, AAS, AAT); or
e.
				Paraprofessional Certificate (issued by the Georgia Professional Standards
				Commission and kept current); or
f.
				Bachelor's degree in Early Childhood Education; or
g. Master's degree in Early Childhood
				Education.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.09 - Children's Activities

Current through Rules and Regulations filed
				through June 27, 2024
(1) The Family Child Care Learning Home shall
				provide a variety of daily activities appropriate for the Children's
				chronological ages and developmental levels. Children with special needs shall
				be integrated into the activities provided by the Family Child Care Learning
				Home unless contraindicated medically or by parental agreement. Activities
				shall be planned for each group to allow for:
(a) Indoor and outdoor play;
(b) A balance of quiet and active
				periods;
(c) A balance of
				supervised free choice and caregiver-directed activities;
(d) Individual, small group, and large group
				activities;
(e) Large muscle
				activities, such as, but not limited to, running, riding, climbing, balancing,
				jumping, throwing, or digging;
(f)
				Small muscle activities, such as, but not limited to, building with blocks or
				construction toys, use of puzzles, nesting or stacking toys, pegs, lacing,
				sorting beads, or clay;
(g)
				Language experiences, such as, but not limited to, listening, talking, rhymes,
				finger plays, stories, use of film strips, recordings or flannel
				boards;
(h) Arts and crafts, such
				as, but not limited to, painting, coloring, cutting, or pasting;
(i) Dramatic play, such as, but not limited
				to, play in a home center, with dolls, puppets, or dress up;
(j) Rhythm and music, such as, but not
				limited to, listening, singing, dancing, or making music; and
(k) Nature and science experiences, such as,
				but not limited to, measuring, pouring, activities related to the "world around
				us" such as nature walks, plants, leaves or weather, or experiences in using
				the five senses through sensory play.