reglab/statecodes huggingface dataset:
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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.21 - Disaster Preparedness

Current through Rules and Regulations
				filed through June 27, 2024
The facility shall prepare for potential emergency situations
				  that may affect the care of children by developing and complying with an
				  effective disaster preparedness plan that identifies emergency situations and
				  outlines an appropriate course of action. The plan must be reviewed annually
				  and revised, as appropriate, including any related written agreements.
(a) The disaster preparedness plan shall
				include at a minimum plans for the following emergency situations:
1. Local and widespread weather emergencies
				or natural disasters, such as tornadoes, hurricanes, earthquakes, ice or snow
				storms, or floods;
2. Manmade
				disasters such as acts of terrorism and hazardous materials spills;
3. Unanticipated interruption of service of
				utilities, including water, gas, or electricity, either within the facility or
				within a local or widespread area;
4. Loss of heat or air
				conditioning;
5. Fire, explosion,
				or other physical damage to the facility; and
6. Pandemics, infectious disease outbreaks
				and illnesses or other situations where the community's need for services may
				exceed the availability of beds and services regularly offered by the
				facility.
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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.22 - Waivers and Variances

Current through Rules and Regulations filed
				through June 27, 2024
(1) The department may, in its discretion,
				grant waivers and variances of specific rules upon application or petition
				being filed by an institution.
(2)
				The department may grant a variance or waiver to a rule when an institution
				demonstrates that the purpose of the underlying statute upon which the rule is
				based can be or has been achieved by other specific means and that strict
				application of the rule would create a substantial hardship. For purposes of
				this rule, a substantial hardship means a significant, unique, and demonstrable
				economic, technological, legal, or other type hardship which impairs the
				ability to continue to function as a child caring institution.
(3) Variance and waiver applications
				submitted to the department shall include, but are not limited to the
				following:
(a) The rule from which a variance
				or waiver is requested;
(b) The
				type of action requested (i.e. granting of waiver or variance);
(c) Specific facts detailing substantial
				hardship which would justify the variance or waiver;
(d) Alternative standards which the requestor
				agrees to meet with a showing that alternative standards will provide adequate
				protection for health, safety, and welfare; and
(e) The reason why a variance or waiver would
				serve the purpose of any underlying law.
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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.23 - 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. §§
				  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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.24 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Secs.
				  31-2-6,
				  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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.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.
				  49-5-1
et
				  seq.
O.C.G.A. Secs.
				  49-5-3,
				  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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.02 - Title and Purposes

Current through Rules and Regulations filed
				through June 27, 2024
These rules shall be known as the Rules and Regulations for
				  Children's Transition Care Centers. The purposes of these rules are to provide
				  for the licensing and inspection of children's transition care centers within
				  Georgia, and to establish foster care requirements applicable to those centers
				  that provide such services.
O.C.G.A. Secs.
				  49-5-3,
				  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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.03 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
In these rules, unless the context otherwise requires, the
				  words, phrases and symbols set forth herein shall mean the following:
(a) "Abuse" means any unjustifiable
				intentional or grossly negligent act, exploitation or series of acts, or
				omission of acts which causes injury to a person, including but not limited to
				verbal abuse, assault or battery, failure to provide treatment or care, or
				sexual harassment.
(b) "Adult"
				means a person eighteen (18) years of age or older, who is not an individual
				under care of the center.
(c)
				"Activities of daily living" means bathing, brushing teeth, combing hair,
				toileting, dressing, eating, grooming, and transfers or ambulation.
(d) "Applicant" means the following:
1. When the center is owned by a sole
				proprietorship, the individual proprietor shall be the applicant for the
				license, complete the statement of responsibility and serve as the
				licensee;
2. When the center is
				owned by a partnership, the general partners shall be the applicant for the
				license, complete the statement of responsibility and serve as the
				licensee;
3. When the center is
				owned by an association, the governing body of the association shall authorize
				the application for the license and complete the statement of responsibility
				and the association shall serve as the licensee; and
4. When the center is owned by a corporation,
				the governing body of the corporation shall authorize the application for the
				license and complete the statement of responsibility and the corporation shall
				serve as the licensee.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.04 - Governing Body

Current through Rules and Regulations filed
				through June 27, 2024
(1) 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 all
				applicable state and federal laws and regulations.
(2) 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 a license on a form provided by the department. If a center is
				individually owned, then the owner(s) will complete the statement of
				responsibility.
(3) If a center is
				governed by a board, there shall be policies and procedures for periodic
				rotation of members which include term limits.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.05 - Criminal History Background Checks, Licenses and Exemptions

Current through Rules and Regulations filed through June 27,
				2024
(1) Criminal
				History Background Checks for Owners Required. Prior to approving any license
				for a new center and periodically as established by the department by rule and
				regulation, the department shall require an owner to submit a records check
				application so as to permit the department to obtain criminal history
				background information on the owner.
(a) An
				owner may not be required to submit a records check application if it is
				determined that the owner does not do any of the following:
1. Maintains an office at the location where
				services are provided to children;
2. Resides at a location where services are
				provided to children;
3. Has direct
				access to residents receiving care; or
4. Provides direct personal supervision of
				personnel by being immediately available to provide assistance and direction
				during the time services are being provided to children.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.06 - Applications

Current through Rules and Regulations filed through June 27,
				2024
(1) An application
				for a license to operate a center shall be submitted to the department on the
				forms provided by the department.
(a) Time
				for Filing. An application for a license shall be submitted at least thirty
				(30) days prior to the proposed opening date of the new center.
(b) Records Check and Preliminary Records
				Check Applications. Accompanying any application for a new license for a
				center, the applicant shall furnish to the department a records check
				application for the owner and director and a preliminary records check
				application for each employee and any foster parents, if applicable as defined
				in these rules.
(c) Separate
				Licenses or Commissions. A separate license or commission application is
				required for each geographical location which a center is proposed to operate
				even when all of the proposed centers are owned by the same person or
				entity.
(d) Amended License. If
				there is to be a change in the name of the center, changes in the ages of
				children to be served, or additions or changes in the uses of the buildings
				that will affect the center's licensed capacity, an application for an amended
				license shall be submitted at least thirty (30) days prior to the changes or
				additions, except in cases of emergencies. In such cases of emergencies, which
				make it impossible to submit an application within thirty (30) days, the
				governing body or director shall notify the department by telephone and shall
				submit an application for the amended license as soon as the governing body or
				the director becomes aware of the change or addition.
(e) Notice of Denial. If the department
				determines that the applicant does not comply with these rules and determines
				that the issuance of a temporary or restricted license is not appropriate, the
				department will provide a written notice of the denial of licensure and the
				opportunity for a hearing to the applicant.
(f) False or Misleading Information. The
				application for a license including the application for a criminal history
				background check must be truthfully and fully completed. In the event that the
				department has reason to believe that any required application has not been
				completed truthfully, the department may require additional verification of the
				facts alleged. The department may refuse to issue a license where false
				statements have been made in connection with the application or any other
				documents required 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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.08 - Children's Rights

Current through Rules and Regulations filed
				through June 27, 2024
(1)
General
. A child shall not
				be deprived of any rights, benefits, or privileges guaranteed by law based
				solely on his/her status as a resident of the center. Children's right include
				but are not limited to the following:
(a) The
				right to accept or refuse services as agreed or as mutually established and to
				know the consequences of such action.
(b) The right to voice grievances and
				complaints regarding treatment or care that is furnished without fear of
				retaliation, discrimination, coercion or reprisal.
(c) The right to confidential treatment of
				all information in the case record.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.09 - Administration and Organization

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Program Purpose
. In
				accordance with these rules and regulations, a licensed children's transition
				care center shall develop, implement and comply with written policies and
				procedures that specify its philosophy, purpose, and program orientation. Such
				policies and procedures shall identify the characteristics of the children it
				serves, including the referral sources. The policies and procedures for
				transition care services shall include that the services are limited to short
				term stays of one to fourteen (14) consecutive days and for long-term stays of
				up to ninety (90) consecutive days depending on the transition needs of the
				child. Stays of over ninety (90) consecutive days must be individually approved
				by the Department by waiver, and may not exceed 12 consecutive
				months.
(2)
Program
				Description and Implementation.
In accordance with these rules and
				regulations, a licensed children's transition care center shall develop,
				implement and comply with written policies and procedures that describe the
				range of services and the manner in which such services will be provided by the
				center. Such policies and procedures shall describe how identified services
				will be provided, the specific emergency safety intervention plan, including
				the emergency safety interventions, that will be used, and how such services
				will be assessed and evaluated. A program description must show what services
				are provided directly by the center and what services are provided by other
				available community or contract resources. The program description must include
				which of the following services will be provided in addition to transition care
				services:
(a) Registered nursing and/or
				licensed practical nursing care;
(b) Medical day care;
(c) Diagnostic studies typically done in the
				home setting;
(d) Respite care;
				and/or
(e) Weekend camps.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.10 - Quality Assurance

Current through Rules and Regulations filed
				through June 27, 2024
(1) The center shall have an on-going
				comprehensive, integrated, self-assessment quality improvement process which
				provides assurance that care is provided at all times in compliance with
				accepted standards of professional practice.
(2) The center shall have written plans,
				policies and procedures addressing quality assurance which include:
(a) Goals and objectives;
(b) The identity of the person responsible
				for the program;
(c) A system to
				ensure systematic, objective regular reports are prepared and distributed to
				the governing body and any other committees as directed by the governing
				body;
(d) The method for evaluating
				the quality and the appropriateness of care;
(e) A method for resolving identified
				problems; and
(f) A method for
				implementing practices to improve the quality of patient care.
(g) The plan shall be reviewed at least
				annually and revised as appropriate by the governing body.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.11 - Admission for Transition Care Services

Current through Rules and
				Regulations filed through June 27, 2024
(1) A center shall only admit medically
				fragile children whose known health care or medical support needs can be met by
				the center in accordance with its program purpose and program description.
(a) Admission agreements with any public or
				private agencies that place children in the center shall be in writing and
				shall include the following provisions and requirements.
(b) All relevant information required for
				admission to the center shall be reviewed, if available, in preplacement
				assessment and planning for the needs of the child.
1. All children shall have current
				immunizations as outlined in the Rules and Regulations of the Department of
				Human Resources for Immunization of Children as a Prerequisite to Admission to
				School or Other Facilities, Chapter 290-5-4.
2. Prior to admission each child must have a
				current medical history and physical assessment sufficient for the provision of
				appropriate care and treatment to meet the child's needs while at the
				center.
3. A physician must provide
				orders for the skilled nursing services and other treatments provided to meet
				the child's health care or medical support needs while at the center.
4. Each child admitted to the center shall be
				under the continuing care of a physician, prior to and during the entire
				admission. The child shall be seen by the physician in accordance with the
				comprehensive service plan required in Rule .12(2).
(c) When possible, there shall be a
				preplacement visit by the child, and the parent(s) or guardian(s), or placing
				agency representative if there is a reasonable likelihood that the child will
				be admitted.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.12 - Assessment and Planning for Transition Care Services

Current
				through Rules and Regulations filed through June 27, 2024
(1)
Health Service Plan
. A
				written assessment and health service plan shall be developed by a RN on the
				day of admission and must include preliminary discharge plans for the child,
				including the anticipated date of discharge.
(a) The health service plan throughout the
				child's stay at the center shall also include but not be limited to:
1. Identification of each child's current,
				priority health care issues relating to medical, physical, intellectual,
				emotional/behavioral, psychosocial/developmental, and spiritual
				needs;
2. The short term and long
				term outcomes, interventions, and resources engaged to promote outcome
				achievement;
3. Daily progress
				notes reflecting the child's progression towards the achievement of each
				specific outcome;
4. The input and
				participation of involved health care team members (child's pediatrician,
				specialty physicians, therapists, HSP, counselors, care givers, and family
				members); and
5. Documentation of
				updates and monthly reviews.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.13 - Discharge and Aftercare for Transition Care Services

Current
				through Rules and Regulations filed through June 27, 2024
(1) During a child's placement in a center,
				the preliminary plans for discharge required by Rule .12(1) shall be adjusted
				according to the child's circumstances. At the time of admission, a center
				shall initiate an aftercare plan that identifies the supports and resources
				that the child and child's family are expected to need following
				discharge.
(2) Emergency discharges
				are authorized when the health and safety of the child or other children in
				residence might be endangered by the child's further placement in the center.
				At least 72 hours of prior notice of discharge shall be provided in writing to
				the parent(s) or guardian(s), or placement agency. If such notice is not
				possible, the reasons shall be documented in the child's case record.
(3) When a child is discharged, a center
				shall compile a complete written discharge summary within fourteen days of the
				discharge. Such summary shall include:
(a)
				The name, address, telephone number and relationship of the person or entity to
				whom the child was discharged, or the name of the placing agency if discharged
				to a placement agency;
(b) A
				summary of all the services provided for the child to meet assessed needs while
				the child was in the center;
(c) A
				summary of the child's and the family's goals and objectives and
				accomplishments during care;
(d) A
				summary of any problems encountered by the child and the family during care;
				and
(e) A summary of assessed needs
				which were not met during care, and a summary of the reasons why they were not
				met.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.15 - Respite Care Services and Weekend Camps

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Respite Care General
				Requirements.
A center may provide a comprehensive program of respite
				care services to medically fragile children, whose known health care or medical
				support needs can be met by the center in accordance with its program purpose
				and program description.
(a) Respite care
				services are limited to short term stays of no more than 14 consecutive days
				and no more than four weeks total (28 days), within any six month
				period.
(b) The maximum number of
				children for whom a center may provide respite care along with other allowable
				care shall not exceed the center's capacity requirements set forth in Rule
				.05(7).
(c) The center shall
				develop, implement and comply with written policies and procedures that
				describe the range of respite care services and the manner in which such
				services will be provided by the center.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.16 - Medical Day Care Services

Current through Rules and Regulations
				filed through June 27, 2024
(1)
General Requirements.
A
				licensed center may provide a comprehensive program of medical day care
				services for medically fragile children whose known health or medical support
				needs can be met by the center in accordance with its program purpose and
				program description.
(a) Children admitted to
				a center for the purpose of receiving medical day care services shall be
				provided services in accordance with all the requirements in Rules
				290-2-6-.01 through
				290-2-6-.10, Rule
				290-2-6-.16 and Rules
				290-2-6-.18 through
				290-2-6-.27, respectively.
(b) The center shall develop, implement and
				comply with written policies and procedures that describe the range of medical
				day care services and the manner in which such services will be provided.
1. Medical day care services are to be
				limited to no more than twelve consecutive hours per day, per child.
2. The maximum number of children for whom a
				center may provide medical day care services together with those receiving
				transition care and respite care services shall not exceed the center's
				capacity requirements set forth in Rule
				.05(7).
(c) During a child's residency at a center
				for medical day care services, the center shall make arrangements to ensure
				that the child's educational needs are met.
(d)The request for admission to a center for
				medical day care services may be made by a medically fragile child's caregiver,
				parents, guardians, custodians, or persons serving in loco parentis.
(e) Emergency discharges are authorized when
				the health and safety of the child or other children at the center might be
				endangered by the child's further placement in the center.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.17 - Foster Home Placement

Current through Rules and Regulations filed
				through June 27, 2024
(1) A center shall not engage in temporary
				placement activities in Georgia unless licensed as a children's transition care
				center and approved by the department to provide for care in foster
				homes.
(2) Foster care shall be
				considered only after it has been established that it is necessary for the
				physical and/or emotional well-being of the child.
(3) No more than 6 children under the age of
				19 may reside in a foster home unless it is an intact sibling group and it is
				in the best interests of each of the children to be placed in the same foster
				home.
(4) Orientation Prior to
				Foster Care Application. The center shall provide orientation information in
				person or in written form to prospective foster parent(s) to assist them in
				making an informed decision about applying to become a foster parent. The
				format of the orientation must be documented in the applicant's file. The
				orientation information must include at least the following:
(a) The center's purpose and a listing of
				services provided;
(b) A
				description of the approval process for foster parenting;
(c) The minimum requirements for foster
				parenting including the limits to the number of children in the home;
(d) The roles and responsibilities of foster
				parent(s);
(e) A description of
				children served by the center;
(f)
				Support services available for foster parent(s);
(g) General information regarding financial
				reimbursement for expenses in foster care; and
(h) Policies and procedures regarding
				appropriate behavior management and emergency safety interventions.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.19 - Grievances

Current through Rules and Regulations filed through June 27,
				2024
(1) The center
				shall develop and implement policies and procedures for children and families
				or guardians to voice grievances and to submit written grievances without fear
				of retaliation.
(2) All written
				grievances submitted by a child shall be recorded in the case record as well as
				a separate grievance or complaint log showing the grievance, description or
				method of explanation or resolution, and involved staff.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.20 - Child Abuse and Sexual Exploitation

Current through Rules and
				Regulations filed through June 27, 2024
(1) The center shall develop and implement
				policies and procedures that prohibit child abuse and sexual exploitation of
				children in care. Such policies and procedures shall incorporate requirements
				for the reporting of child abuse and sexual exploitation in accordance with
				State law.
(2) All reports of
				alleged child abuse and sexual exploitation of children in care shall also be
				reported immediately to the Child Care Licensing Section of the department.
(a) Such policies and procedures shall also
				include the following:
1. Provisions for the
				immediate reporting by any staff member of any suspected incident of abuse or
				sexual exploitation of a child to the director of the center;
2. Provisions for conducting internal
				investigations of such incidents (however, such provisions shall not relieve
				the center of the requirement to submit reports as required by Rule
				.16(a)1.
				above);
3. Provisions for
				preventing the recurrence of an alleged incident pending
				investigation;
4. Provisions for
				evaluating the continued use, pending investigation, of any staff member
				alleged to be involved in a reported incident of abuse or sexual exploitation;
				and
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.21 - Food Service

Current through Rules and Regulations filed
				through June 27, 2024
(1) A center shall provide each child with
				meals and snacks of serving sizes dependent upon the age of the child based
				upon nutrition guidelines as established by the United States Department of
				Agriculture Child Care Food Program or as prescribed by the child's physician.
(a) Meals and snacks shall be varied
				daily.
(b) Additional serving of
				food shall be offered to children over and above the required daily minimum if
				not contraindicated by modified diets.
(c) Modified diets based on medical or
				religious reasons shall be served to children as needed. Modifications due to
				medical reasons shall be based on the written order of a physician and the
				order shall be placed in the child's case record.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.22 - Infection Control, Physical Plant and Safety

Current through
				Rules and Regulations filed through June 27, 2024
(1)
Infection Control.
Each
				center shall have procedures for infection control. Policies and procedures
				shall be written, assembled and available to all staff to reduce the risk of
				infections originating, occurring, or acquired in the center. Such policies and
				procedures shall be included in an on-going prevention training program.
(a) Procedures to isolate children to prevent
				the spread of infections as deemed appropriate;
(b) Procedures for handling and disposing of
				hazardous waste products and soiled linens and diapers;
(c) Procedures for hand washing and hand
				antisepsis;
(d) Procedures to
				ensure that any person whose duties include direct child care, handling food,
				or handling clean linens, and who has an acute illness or readily contagious
				condition, shall not be allowed to work until no longer contagious;
(e) Procedures for reporting communicable
				diseases as required by the rules and regulations for notification of disease
				which have been promulgated 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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.23 - Enforcement and Penalties

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Plans of Correction
. If the
				Department determines that either a center or a facility applying to become
				licensed as a center does not comply with the rules, the Department shall
				provide written notice specifying the rule(s) violated and setting a time for
				the center not to exceed ten (10) working days within which to file an
				acceptable written plan of correction where the Department has determined that
				an opportunity to correct is permissible. If such plan of correction is
				determined not acceptable to the Department because it does not adequately
				correct the identified violation, the Department will advise the center or
				facility applying to become licensed that the plan of correction is not
				acceptable. The Department may permit the center to submit a revised plan of
				correction.
(a) The center shall comply with
				an accepted plan of correction.
(b)
				Where the Department determines that either the center or the facility applying
				to become licensed as a center has not filed an acceptable plan of correction
				or has not complied with the accepted plan of correction, the Department may
				initiate an adverse action to enforce these rules.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.24 - Emergency Orders

Current through Rules and Regulations filed
				through June 27, 2024
(1) In accordance with O.C.G.A.
				49-5-90
et seq.
,
				notwithstanding other remedies available to the department which may be pursued
				at the same time, the commissioner or his designee may issue emergency orders.
				Such orders may include the following:
(a)
				Emergency relocation of residents when it is determined that the residents are
				subject to an imminent and substantial danger.
(b) Emergency placement of a monitor or
				monitors in a center upon a finding that the department's rules and regulations
				are being violated which threaten the health, safety, or welfare of children in
				care and when one or more of the following conditions are present:
1. The center is operating without a license;
				or
2. The department has denied the
				application for the license or has initiated action to revoke the existing
				license; or
3. Children are
				suspected of being subjected to injury or life-threatening situations or the
				health or safety of a child or children is in danger.
(c) Emergency prohibition of admissions to a
				center when residents are in imminent and substantial danger and the center has
				failed to correct a violation of rules and regulations within a reasonable
				time, as specified by the department. Such violation giving rise to the
				prohibition could jeopardize the health and safety of the residents if allowed
				to remain uncorrected or is a repeat violation over a twelve month
				period.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.25 - Diaster Preparedness

Current through Rules and Regulations
				filed through June 27, 2024
(1) The center shall prepare for potential
				emergency situations that may affect the care of children by the development of
				an effective disaster preparedness plan that identifies emergency situations
				and outlines an appropriate course of action. The plan must be reviewed and
				revised annually, as appropriate, including any related written agreements.
(a) The disaster preparedness plan shall
				include at a minimum plans for the following emergency situations:
1. Local and widespread weather emergencies
				or natural disasters, such as tornadoes, hurricanes, earthquakes, ice or snow
				storms, or floods;
2. Manmade
				disasters such as acts of terrorism and hazardous materials spills;
3. Unanticipated interruption of service of
				utilities, including water, gas, or electricity, either within the center or
				within a local or widespread area;
4. Loss of heat or air conditioning;
5. Fire, explosion, or other
				physical damage to the center; and
6. Pandemics or other situations where the
				community's need for services exceeds the availability of beds and services
				regularly offered by the center.
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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.26 - Waivers and Variances

Current through Rules and Regulations filed
				through June 27, 2024
(1) The department may, in its discretion,
				grant waivers and variances of specific rules upon application or petition
				being filed by a center. 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:
(2) 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 regulations in question.
(3) Waiver. The department may dispense
				entirely with the enforcement of a rule or regulation 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.
(4) 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. Secs.
				  31-2-6,
				  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 290-2-6 - RULES AND REGULATIONS FOR CHILDREN'S TRANSITION CARE CENTERS › Rule 290-2-6-.27 - 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. Secs.
				  31-2-6,
				  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 290-2-7 - RULES AND REGULATIONS FOR OUTDOOR CHILD CARING PROGRAMS › Rule 290-2-7-.01 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
Unless a different meaning is required by the context, the
				  following terms as used in these rules and regulations shall have the meaning
				  hereafter respectively ascribed to them:
(a) "Administrator" or "Executive Director"
				means the person responsible for overall administration of the Outdoor Child
				Caring Program.
(b) "Applicant"
				means the following:
1. When the outdoor child
				caring program is owned by a sole proprietorship, the individual proprietor
				shall be the applicant for the license, complete the statement of
				responsibility and serve as the licensee;
2. When the outdoor child caring program is
				owned by a partnership, the general partners shall be the applicant for the
				license, complete the statement of responsibility and serve as the
				licensee;
3. When the outdoor child
				caring program is owned by an association, the governing body of the
				association shall authorize the application for the license and complete the
				statement of responsibility and the association shall serve as the licensee;
				and
4. When the outdoor child
				caring program is owned by a corporation, the governing body of the corporation
				shall authorize the application for the license and complete the statement of
				responsibility and the corporation shall serve as the licensee.
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 290-2-7 - RULES AND REGULATIONS FOR OUTDOOR CHILD CARING PROGRAMS › Rule 290-2-7-.02 - Applicability

Current through Rules and Regulations filed through June 27,
				2024
(1) No person,
				institution, agency, society or facility shall operate an Outdoor Child Caring
				Program unless a license or permit has been obtained from the
				Department.
(2) The following types
				of child-caring institutions or activities are exempt from the requirements of
				these regulations:
(a) Child-caring
				institutions licensed by the Department pursuant to rules and regulations of
				the Department, Chapters 290-2-5 and 290-2-6, and which do not provide outdoor
				child caring camping activities exceeding periods of more than 14-day
				duration.
(b) facilities licensed
				by the Department pursuant to rules and regulations for hospitals, Chapter
				290-5-6.
(c) facilities licensed by
				the Department pursuant to rules and regulations for intermediate care homes,
				Chapter 290-5-9.
(d) facilities
				licensed by the Department pursuant to rules and regulations for drug abuse
				treatment programs, Chapter 290-4-2.
(e) facilities owned and operated by the
				federal government.
(f) summer
				camps established solely for recreational and educational programs.
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 290-2-7 - RULES AND REGULATIONS FOR OUTDOOR CHILD CARING PROGRAMS › Rule 290-2-7-.03 - Organization and Administration

Current through Rules and
				Regulations filed through June 27, 2024
(1) The legal basis for operation of an
				Outdoor Child Caring Program shall be documented through copies of the Articles
				of Incorporation, partnership agreements, and documents reflecting the creation
				of an association or a resolution authorizing the operation of the
				program.
(2) All Outdoor Child
				Caring Programs shall have a Governing Body that is responsible for and has
				authority over the policies and activities of the Outdoor Child Caring Program.
				If an Outdoor Child Caring Program is owned by a partnership, the partners
				shall be regarded as the Governing Body for the purposes of this subsection. If
				an Outdoor Child Caring Program is owned by a sole proprietor, the
				responsibilities imposed on a Governing Body by this subsection shall be borne
				by that proprietor.
(a) Outdoor Child Caring
				Programs that are owned corporately shall provide the Department with a list of
				names, addresses, and titles of the officers and/or executive committee of the
				Governing Body. Outdoor Child Caring Programs that are owned jointly or
				individually shall provide the Department with a list of names and addresses of
				the partners or owner. The Department shall be notified of any
				changes.
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 290-2-7 - RULES AND REGULATIONS FOR OUTDOOR CHILD CARING PROGRAMS › Rule 290-2-7-.04 - Criminal History Background Checks, Pesonnel

Current through
				Rules and Regulations filed through June 27, 2024
(1) Criminal History Background Checks for
				Owners Required. Prior to approving any license for a new outdoor child caring
				program and periodically as established by the department by rule and
				regulation, the department shall require an owner to submit a records check
				application so as to permit the department to obtain criminal history
				background information on the owner.
(a) An
				owner may not be required to submit a records check application if it is
				determined that the owner does not do at least one of the following:
1. Maintains an office at the location where
				services are provided to children;
2. Resides at a location where services are
				provided to children;
3. Has direct
				access to children receiving care; or
4. Provides direct personal supervision of
				personnel by being immediately available to provide assistance and direction
				during the time services are being provided.