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 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.12 - Equipment and Supplies

Current through Rules and Regulations filed
				through June 27, 2024
(1) The Home shall provide a variety of
				age-appropriate toys, books, and play equipment and materials to insure that
				each child shall have opportunity to experience and participate in a variety of
				activities.
(2) Individual or
				disposable wash cloths and towels shall be provided.
(3) Furniture and equipment shall be kept
				clean and in a safe usable condition.
(4) All indoor and outdoor furniture,
				activity materials, and equipment shall be: used in a safe and appropriate
				manner by each Provider, Provisional Employee, Employee and child in attendance
				and used in accordance with the manufacturer's instructions, recommendations,
				and intended use.
(5) All indoor
				and outdoor furniture, activity materials, and equipment shall be free from
				hazardous conditions such as, but not limited to, sharp rough edges or toxic
				paint and kept clean.
(6) All
				indoor and outdoor furniture, activity materials, and equipment shall be placed
				so as to permit the children's freedom of movement and to minimize danger of
				accident and collision.
(7) All
				indoor and outdoor furniture and equipment shall be secured if equipment and
				furniture is of a weight or mass that could cause injury from tipping, falling,
				or being pulled or pushed over. Potentially unstable equipment and furniture
				that might injure a child if not secured include, but are not limited to,
				televisions, chests of drawers, bookcases, shelving, cabinets and fish tanks.
				Examples of items not required to be secured include, but are not limited to,
				child-sized tables and chairs, rocking chairs, and cribs.
(8) There shall be table space provided for
				each child who is able to sit at a table unassisted. An appropriately sized
				chair or bench shall be provided for each child who is not an infant and who is
				able to use a chair or bench.
(9)
				Toys shall be stored on low, open shelves accessible to children in each room
				or assigned area.
(10) Toys that
				launch projectiles, such as dart guns, pop guns, slingshots, etc. shall not be
				allowed in the Home, and balloons shall not be accessible to preschool
				children.
(11) Toys for Children
				Under Three. Toys for children under three (3) years of age shall also be
				age-appropriate.
(12) Toys for
				children under three (3) years of age shall be non-toxic and lead free; too
				large to be swallowed by a child and not capable of causing asphyxiation or
				strangulation; free of sharp pieces, edges or points; free of small parts which
				may be pried off by a child; free of rust and easily cleaned with a
				disinfectant daily.
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-.13 - Building and Grounds

Current through Rules and Regulations filed
				through June 27, 2024
(1) The Home's building shall be kept clean
				and free from obvious hazards to the children's health and safety.
(a) The areas used for child care shall
				provide a minimum of 35 square feet of usable floor space per child.
(b) Basement areas in excess of 25 linear
				feet from a window shall not be used for housing Children.
(c) Furniture and equipment shall be arranged
				so as not to interfere with exits.
(d) The Home shall be kept free of fire
				hazards and unnecessary or excessive combustible material. When in use,
				radiators, open fire, oil or wood burning stoves, floor furnaces and similar
				hazards shall have barriers or screens to prevent Children from being burned.
				Unvented fuel fired heaters shall not be used unless equipped with an oxygen
				depletion safety shut off system.
(e) Multiple plugs and electric extension
				cords shall not be used. Electrical outlets within reach of children shall be
				plugged or covered.
(f) Fans shall
				be positioned or installed so as to be inaccessible to the children.
(g) Measures shall be utilized to prevent the
				presence of rodents, flies, roaches and other vermin on the premises. Windows
				and doors used for ventilation shall be screened.
(h) Water supply and sewage disposal systems,
				if other than approved county or city systems, shall be approved by the proper
				authority having jurisdiction.
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-.14 - Reporting

Current through Rules and Regulations filed
				through June 27, 2024
(1) Required Reports. Within twenty-four (24)
				hours or the next work day, the Home shall report or cause to be reported to
				the Department: any death of a Child while in the care of the Home; any serious
				illness or injury requiring hospitalization or professional medical attention
				other than first aid of a Child while in the care of the Home; any situation
				when a Child in care becomes missing, such as but not limited to, a Child who
				is left on a vehicle, a Child who leaves the Home, playground, or property, or
				a Child who is left behind on any trip; any fire; any structural disaster; any
				emergency situation that requires temporarily relocating children; and any time
				the Home's operating status changes (i.e., open to closed or temporarily closed
				and temporarily closed to open).
(a)
				Availability of Records. The Home must make available all records related to
				any required report, to include but not be limited to, audio, video, photos,
				written documentation, social media posts, and other electronic information.
				The Department shall have the right to a photocopy or reproduction of any
				record maintained by or on behalf of 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-.15 - Enforcement and Adverse Actions

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Enforcement and Adverse
				Actions.
Under Georgia law, the Department, after considering the
				seriousness of the violation(s), including but not limited to the
				circumstances, extent and gravity of the prohibited act(s), the severity of the
				rule violation, the duration of non-compliance, the License Holder's prior
				Licensure or history, the voluntary reporting of the violation(s) for which an
				Adverse Action is being imposed and the hazard(s) or potential hazard(s) to the
				health or safety of the public, may take any of the following actions when a
				Home, Permit Applicant or License Applicant violates any of the rules for
				Family Child Care Learning Homes:
(a) Refuse
				to grant a License or Permit;
(b)
				Administer a public reprimand;
(c)
				Suspend any License or Permit;
(d)
				Prohibit any License Applicant, License Holder, Permit Applicant or Permit
				Holder from allowing a person who previously was involved in the management or
				control of any program which has had its License or Permit revoked or denied
				within the past 12 months to be involved in the management or control of such
				program;
(e) Revoke any License or
				Permit;
(f) Impose a fine, not to
				exceed a total of $25,000, of up to $500 per day for each violation of the law,
				rule, regulation or formal order related to the initial or ongoing licensing
				requirement of any program. If any violation is a continuing one, each day of
				such violation will constitute a separate violation for the purpose of
				computing the applicable enforcement fine;
(g) Impose a late fee of up to $250 for
				failure of a program to pay the annual License fee within 30 days of the due
				date;
(h) Limit or restrict any
				License or Permit, including but not limited to, restricting some or all
				services of or admissions, into a Home;
(i) Seek an injunction against an early care
				and education program operating without a License or Permit or in willful
				violation of these rules;
(j) Make
				application for an inspection warrant to a court of competent jurisdiction to
				gain entry into a Home that is believed to be subject to licensure;
(k) Order the emergency placement of a
				monitor or monitors in a Home at the expense of the Home; and
(l) Order the emergency closure of a
				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-.16 - 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 Home 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 regulations 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. §
				  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-.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. Chaps.
				  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 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.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 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.19 - Safe Sleeping and Resting Requirements

Current through Rules and
				Regulations filed through June 27, 2024
(1) Sleeping and Resting Equipment.
(a) Cribs and Other Approved Sleep Equipment.
				The Home shall provide either a safety approved crib or other equipment that is
				approved for infant sleep for each infant who cannot climb out of the crib or
				other approved equipment. Each crib shall be safety approved in compliance with
				Consumer Product Safety Commission (CPSC) and American Society of Testing and
				Materials International (ASTM) safety standards; any other equipment, such as,
				but not limited to, a portable crib, playpen, play yard or bassinet, shall be
				in compliance with current ASTM Standard Consumer Safety Specifications for
				Non-Full-Size Baby Cribs/Play Yards. ("Infant" refers to any child under the
				age of twelve (12) months or any child who is under eighteen (18) months of age
				who is not walking.)
1. Crib Construction.
				Cribs and other equipment approved for infant sleep shall be in good repair and
				free of hazards. Stack cribs and cribs with drop sides shall not be
				used.
2. Crib Mattress. A mattress
				shall be provided for each crib and other equipment approved for infant sleep
				and shall be firm, tight-fitting, at least two inches (2") thick and covered
				with waterproof, washable material. Before a change of occupant, each mattress
				shall be cleaned with a disinfectant.
3. Crib Sheet. Each crib and other equipment
				approved for infant sleep shall have only an individual, tight-fitting sheet
				which is changed daily or more often as needed and prior to a change of
				occupant.
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-.20 - E-Mail Contact Information

Current through Rules and
				Regulations filed through June 27, 2024
All Family Child Care Learning Home license applicants shall
				  submit a valid e-mail address to the Department at the time of application on
				  forms provided by the Department. It shall be the Family Child Care Learning
				  Home's responsibility to maintain correct contact information, to update the
				  Department if contact information changes, and to respond timely to information
				  requests from the Department transmitted to the provided e-mail address.
				  Delivery of any such information, including but not limited to directives,
				  bulletins, data requests, notices of proposed amendments to rules and
				  regulations, and any other matters affecting Family Child Care Learning Homes,
				  to said e-mail address shall be considered valid so long as the Department does
				  not receive a failure to deliver message.
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 290-2-4 - REPEALED › Rule 290-2-4-.01 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1963, pp.
				  81-121; Ga. L. 1972, pp. 1015, 1046, 1048.
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 290-2-4 - REPEALED › Rule 290-2-4-.02 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1963, pp.
				  81-121; Ga. L. 1972, pp. 1015, 1046, 1048.
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 290-2-4 - REPEALED › Rule 290-2-4-.03 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga, L. 1963, pp.
				  81-121; Ga. L. 1972, pp. 1015, 1046, 1048.
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 290-2-4 - REPEALED › Rule 290-2-4-.04 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1963. pp.
				  81-121; Ga. L. 1972, pp. 1015, 1046, 1048.
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 290-2-4 - REPEALED › Rule 290-2-4-.05 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1963, pp.
				  81-121; Ga. L. 1972, pp. 1015, 1046, 1048.
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 290-2-4 - REPEALED › Rule 290-2-4-.06 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1963, pp.
				  81-121; Ga. L. 1972, pp. 1015, 1046, 1048.
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-.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.
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-.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
				  Child Caring Institutions. The purpose of these rules is to provide for the
				  licensing and inspection of child caring institutions within the state of
				  Georgia.
O.C.G.A. §§
				  49-5-3,
				  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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.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) "Adult" means a person eighteen (18)
				years of age or older.
(b)
				"Applicant" means the following:
1. When the
				institution 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
				institution 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
				institution 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 institution 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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.04 - Governing Body

Current through Rules and Regulations filed
				through June 27, 2024
Each institution 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 a license on a form provided by the
				  department. If an institution is individually owned, then the owner(s) will
				  complete the statement of responsibility. If an institution is governed by a
				  board, there shall be policies and procedures for periodic rotation of
				  members.
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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.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 child caring
				institution 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 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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.07 - Inspections and Investigations

Current through Rules and Regulations filed
				through June 27, 2024
The department is authorized and empowered to conduct
				  investigations and inspections of any institution 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 inspection of the institution to assess compliance
				with these rules.
(b) Consent to
				Access. An application for a license or commission to operate an institution 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, after displaying picture identification to any
				institution staff, to enter the premises at any time during operating hours for
				the purpose of inspecting the facility. This includes 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.
(c) Other Inspections.
				The department may conduct scheduled and unscheduled inspections of an
				institution 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 institution, alleging child abuse, neglect, or sexual
				exploitation as defined in O.C.G.A. §
				15-11-2 which occurred while the
				child was in the care of the institution director or employees; or
3. Upon receiving information of alleged
				violations of these rules, including information provided by the institution,
				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
				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 conduct an 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 institution's 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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.08 - 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 child caring institution 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 and ages of the children it serves,
				including the referral sources.
(2)
				Program Description and Implementation. In accordance with these rules and
				regulations, a licensed child caring institution shall develop, implement and
				comply with written policies and procedures that describe the range of services
				including room, board and watchful oversight and the manner in which such
				services will be provided by the facility. 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 facility and
				how it will coordinate its services with those provided by any Medicaid
				rehabilitation option provider or other available community or contract
				resources.
(3) Director. The
				governing body of the institution shall designate a director who shall be
				authorized to manage the institution.
(a) Any
				director employed on or after the effective date of these rules shall possess
				at least one of the following qualifications:
1. A master's degree from an accredited
				college or university in the area of social sciences, social work, childhood
				education, or business or public administration or a related field plus two
				years of experience in the field of child care;
2. A bachelor's degree from an accredited
				college or university in the area of social sciences, social work, childhood
				education, or business or public administration or a related field plus four
				years of experience in the field of child care;
3. A licensed registered nurse, doctor or
				other health care professional where the child-caring institution chooses to
				serve primarily children with special medical needs.
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-.09 - Referral and Admission

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Referrals.
An institution
				shall only accept referrals for children whose known needs can be met by the
				institution in accordance with its program purpose and program description.
(a) Referral agreements with any public or
				private agencies that place children in the institution shall be in writing and
				shall include the following provisions and requirements.
1. Preplacement assessment and planning with
				the placing agency regarding the institution's abilities to meet the needs of
				the child shall be done. To the degree possible, all relevant information
				required for admission to the facility shall be reviewed in preplacement
				assessment and planning.
2. To the
				degree 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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.10 - Assessment and Planning

Current through Rules and Regulations
				filed through June 27, 2024
(1) An institution shall complete a full
				written assessment of each child admitted for care and of each child's family
				within thirty days of admission and develop an individual written service plan
				for each child based on the assessments within thirty days of admission. If an
				assessment is not completed within thirty days, the reasons for the delay shall
				be documented in the child's case record and such documentation shall include
				statements indicating when the assessment is expected to be completed.
(a) The facility's admission evaluation shall
				be coordinated by the child's designated Human Services Professional. The
				facility shall assess the needs of the child in the areas of health care, room,
				board and watchful oversight, education, family relationships, personal, social
				and vocational development, and any behavioral issues that require monitoring.
1. This assessment is intended to expand upon
				the initial intake evaluation required by Rule
				.09(2)(a)1.;
2. The institution shall obtain the child's
				school records from the last school attended in order to complete the education
				needs component of the assessment.
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-.11 - Discharge and Aftercare

Current through Rules and Regulations filed
				through June 27, 2024
(1) During a child's placement in an
				institution, the preliminary plans for discharge required by Rule
				.10(b)5. shall be
				adjusted according to the child's circumstances. At least three months prior to
				planned discharge, except in cases of emergency discharges, an institution
				shall formulate an aftercare plan that identifies the supports, room, board and
				watchful oversight summary and resources that the child and child's family are
				expected to need following discharge. When a child is being discharged for
				placement in another institution or similar program, the receiving institution
				or program, except in cases of emergency discharges, shall be given at least
				thirty days notice of the proposed date of placement.
(2) Emergency discharges are authorized when
				the health, safety and room, board and watchful oversight needs of the child or
				other children in residence might be endangered by the child's further
				placement in the institution. At least 72 hours of prior notice of discharge
				shall be provided 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, an institution shall compile a complete written discharge summary
				within thirty 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 and room,
				board and watchful oversight activities provided for the child to meet assessed
				needs while the child was in the institution;
(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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.12 - Child Care Services

Current through Rules and Regulations filed
				through June 27, 2024
(1) Casework Services. All children in care
				and families of children in care shall receive case work services as provided
				in their service plan from their assigned Human Services Professional or other
				appropriate professionals (internal and external of facility) who shall meet
				with and counsel with the children. The results of such counseling shall be
				recorded in the children's case records. The purposes of such services are to
				identify and monitor the children's and families' progress relative to the
				needs, goals and objectives identified in child care assessments and service
				plans and to discuss any problems being encountered by or with the children in
				care.
(2) Educational and
				Vocational Services. An institution shall not admit a child unless an
				educational program commensurate with the specific educational and vocational
				needs of the child can be provided.
(a)
				Provisions shall be made for mandatory education of all children in care in
				accordance with O.C.G.A.
				20-2-690
et seq.
or its successor statute. For purposes of these rules, an on-campus school is
				defined as a private school, and must be in compliance with the above
				law.
(b) A child's assigned Human
				Services Professional shall monitor the child's educational or vocational
				progress in the course of providing case work services and planning. Progress
				reports, such as report cards, and other records or documentation of a child's
				educational or vocational performance while residing in the institution shall
				be maintained in the child's case record.
(c) Children attending public schools who
				wish to participate in extracurricular activities shall be provided such
				reasonable opportunities by the institution in accordance with the child's
				service plan.
(d) Children's daily
				activities as stated in their service plans shall provide for study time during
				the periods the children are attending school.
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-.13

Current through Rules and Regulations filed through June 27,
				2024
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-.14 - Behavior Management and Emergency Safety Interventions

Current through Rules and Regulations filed
				through June 27, 2024
(1) Behavior Management.
(a) Every institution shall develop and
				implement policies and procedures on behavior management. Such policies and
				procedures shall set forth the types of children served and room, board and
				watchful oversight capacities in accordance with its program purpose, the
				anticipated behavioral problems of the children, and acceptable methods of
				managing such problems.
(b) Such
				Behavior management policies and procedures shall incorporate the following
				minimum requirements:
1. Behavior management
				principles and techniques shall be used in accordance with the individual
				service plan and written policies and procedures governing service
				expectations, service plan goals, safety, security, and these rules and
				regulations.
2. Behavior management
				shall be limited to the least restrictive appropriate method, as described in
				the child's service plan pursuant to Rule .10(b)6. and in accordance with the
				prohibitions as specified in these rules and regulations.
(c) The following forms of behavior
				management shall not be used:
1. Assignment
				of excessive or unreasonable work tasks;
2. Denial of meals and hydration;
3. Denial of sleep;
4. Denial of shelter, clothing, or essential
				personal needs;
5. Denial of
				essential program services;
6.
				Verbal abuse, ridicule, or humiliation;
7. Chemical restraint, manual holds, and
				seclusion used as a means of coercion, discipline, convenience, or
				retaliation;
8. Denial of
				communication and visits unless restricted in accordance with Rule
				.10(b)7.;
9. Corporal punishment;
				and
10. Seclusion not used
				appropriately as an emergency safety intervention.
(d) Residents shall not be permitted to
				participate in the behavior management of other residents or to discipline
				other residents, except as part of an organized therapeutic self-governing
				program in accordance with accepted standards of practice that is conducted in
				accordance with written policy and is supervised directly by designated
				staff.
(e) Institutions shall
				submit to the Department electronically or by facsimile a report within 24
				hours whenever an unusual incident occurs regarding behavior management,
				including any injury requiring medical treatment that is received by a child as
				a result of any behavior management.
(f) All forms of behavior management used by
				direct care staff shall also be documented in case records in order to ensure
				that such records reflect behavior management problems.
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-.15 - Grievances

Current through Rules and Regulations filed through June 27,
				2024
(1) The institution
				shall develop and implement policies and procedures for children 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 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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.16 - Child Abuse and Sexual Exploitation

Current through Rules and
				Regulations filed through June 27, 2024
(1) The institution 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 institution;
2. Provisions for conducting internal
				investigations of such incidents (however, such provisions shall not relieve
				the institution of the requirement to submit reports as required by Rule .16
				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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.17 - Food Service

Current through Rules and Regulations filed
				through June 27, 2024
(1) An institution 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.
(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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.18 - Physical Plant and Safety

Current through Rules and Regulations
				filed through June 27, 2024
(1) Required Approvals.
(a) An institution shall be in compliance
				with all applicable zoning laws, ordinances, or rules and regulations which
				apply to its operation.
(b) All
				water and sewage disposal systems, if other than approved city and county
				systems, shall be approved by the proper authorities having
				jurisdiction.
(c) An institution
				shall submit proof of compliance with applicable laws and regulations issued by
				the State Fire Marshal, the proper local fire marshal, or state inspector,
				including a certificate of occupancy if required. The premises of the
				institution shall have functioning fire extinguishers and smoke
				detectors.
(d) All buildings and
				grounds shall be constructed and maintained in accordance with these rules.
				Institutions that initially apply for a license or current licensees that plan
				to renovate buildings for housing residents shall submit building blueprints or
				similar schematic drawings or diagrams for review and approval 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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.19 - Enforcement and Penalties

Current through Rules and Regulations
				filed through June 27, 2024
(1)
Plans of Correction
. If the
				Department determines that either a child-caring institution or a facility
				applying to become licensed as a child-caring institution does not comply with
				the rules, the Department shall provide written notice specifying the rule(s)
				violated and setting a time for the institution 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 child-caring institution or facility applying to become licensed
				that the plan of correction is not acceptable. The Department may permit the
				institution to submit a revised plan of correction.
(a) The institution shall comply with an
				accepted plan of correction.
(b)
				Where the Department determines that either the child-caring institution or the
				facility applying to become licensed as a child-caring institution 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 290-2-5 - RULES AND REGULATIONS FOR CHILD CARING INSTITUTIONS › Rule 290-2-5-.20 - 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/her 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 an institution 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 institution 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 an
				institution when residents are in imminent and substantial danger and the
				institution 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.