Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-2 - RULES AND REGULATIONS FOR CHILD-PLACING AGENCIES › Rule 290-9-2-.11 - Inspections by the Department and Access by Department Staff

Current through Rules and Regulations filed
				through June 27, 2024
(1) The Department is authorized and
				empowered to conduct investigations and on-site inspections of any Agency
				required by these rules to be licensed. The proposed and current licensee 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 a complete application package, the Department may conduct an on-site
				inspection of the Agency to assess compliance with these rules.
(b) Consent to Access. An application for a
				license or commission to operate an Agency or the issuance of a license by the
				Department constitutes consent by the applicant, the proposed holder of the
				license and the owner of the premises for the Department's representative to
				enter the premises at any time after confirming his/her identity to any Agency
				employee, director, foster parent or prospective adoptive parent for the
				purpose of inspecting the Agency. This includes both scheduled and unscheduled
				inspections and includes access to a director, all employees, foster homes,
				including household members, all children present, and all records required by
				these rules. To the degree possible, inspections of records normally maintained
				in the Agency's business office, such as financial records, will be conducted
				during normal business hours. The Department shall have the authority to
				require the production of any books, records, papers, or other information
				related to the initial or continued licensing of any Agency.
(c) Other Inspections. The Department may
				conduct scheduled and unscheduled on-site inspections of an Agency 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
2. Upon
				receiving a report, including a report submitted by the Agency, alleging child
				abuse, neglect, sexual exploitation, or deprivation which occurred while the
				child was in the care of the Agency director or employees; or
3. Upon receiving information of alleged
				violations of these rules, including information provided by the Agency, which,
				if true, 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, 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 Agency's director or
				personnel.
(d) Failure to
				Allow Access. Failure to allow timely access of the Department's representative
				to the Agency, its staff, or the children receiving care at the Agency or the
				books, records, papers, or other information related to initial or continued
				licensing, or failure to cooperate with a departmental inspection or
				investigation shall constitute good cause for the denial, restriction,
				revocation or suspension of a license, or other penalty as provided by
				law.
(e) False or Misleading
				Statements. No licensee, director, employee, foster parent, prospective
				adoptive parent, or contractor of a licensee shall knowingly make any verbal or
				written false or misleading statements to the Department in connection with any
				authorized investigation or inspection being conducted by the Department or on
				documents submitted to the Department or maintained by the Agency.