ARTICLE 1
GENERAL PROVISIONS
49-2-1. Department created; transfer of powers, functions, and duties of Department of Human Resources to Department of Human Services; creation, appointment, removal, and duties of commissioner; creation, appointment, and duties of kinship care enforcement administrator.
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There is created a Department of Human Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009.
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There is created the position of commissioner of human services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.
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As used in this subsection, the term:
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"Fictive kin" shall have the same meaning as set forth in Code Section 15-11-2.
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"Kinship caregiver" means a grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child under the age of 18 or fictive kin who has assumed responsibility for raising such child in an informal, noncustodial, or guardianship capacity upon the legal parents of such child losing or abdicating the ability to care for or provide basic necessities for such child.
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There is created the position of kinship care enforcement administrator within the Department of Human Services who shall be appointed by and serve at the discretion of the commissioner of human services. The kinship care enforcement administrator shall account for, monitor, facilitate, and ensure compliance with all laws, rules, and regulations of the federal government and this state which relate to any programs, including, but not limited to, any pilot programs, subsidies, or benefits, available to kinship caregivers or the children within their care.
(Ga. L. 1972, p. 1015, § 1201; Ga. L. 2009, p. 453, § 2-1/HB 228; Ga. L. 2016, p. 337, § 2-1/HB 962.)
The 2016 amendment,
effective July 1, 2016, added subsection (c).
Cross references.
- Powers and duties of Department of Community Health generally,
§
31-2-1 et seq.
JUDICIAL DECISIONS
Cited in
Department of Human Resources v. Briarcliff Haven, Inc., 141 Ga. App. 448, 233 S.E.2d 844 (1977).
OPINIONS OF THE ATTORNEY GENERAL
Commissioner's administrative powers not inhibited by Executive Reorganization Act.
- Exercise of the power given to the commissioner of human resources to establish the internal structure of the department and to expend available funds for those purposes is not inhibited by any provision of the "Executive Reorganization Act" (Ga. L. 1972, p. 1015), or by the "Board of Human Resources Act" (Ga. L. 1972, p. 1069), or by the statutory foundation for the functions transferred to the department. 1975 Op. Att'y Gen. No. 75-4.
Structural organization of department.
- Commissioner has statutory authority to establish the structural organization of the department, including authority to establish regional offices, and to expend available funds for those purposes. 1975 Op. Att'y Gen. No. 75-4.
