O.C.G.A.

O.C.G.A. § 49-3-1 (2019)

Establishment of county and district departments, boards, and directors

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) There shall be in each county of the state a county department of family and children services, which shall consist of a county board of family and children services, a county director of family and children services, and such additional employees as may be necessary for the efficient performance of the welfare services of the county.

(b) With the approval of the Department of Human Services, two or more counties may, however, unite and form a district department of family and children services, in which case a county board shall be appointed for each county composing the district as provided in Code Section 49-3-2 and those boards, acting together, shall constitute the district board. All duties and responsibilities set forth in this title for county departments shall also apply to district departments. The district director and other executive staff of any district department shall be appointed by the Department of Human Services, provided that the department shall not appoint as district director any person whose appointment is not approved by a majority of the district board concerned in a meeting of such district board called for that purpose.

History

Ga. L. 1937, p. 355, § 9; Ga. L. 1975, p.

1211, § 1; Ga. L. 2009, p. 453, § 2-2/HB 228.

Annotations

JUDICIAL DECISIONS County departments were state rather than county offices for purposes of O.C.G.A. § 15-12-71 and, thus, as state offices, were not subject to a grand jury’s power of inspection and investigation.

Floyd County Grand Jury v. Department of Family & Children Servs., 218 Ga. App. 832, 463 S.E.2d 519, 1995 Ga. App. LEXIS 900 (1995).

OPINIONS OF THE ATTORNEY GENERAL Board member can hold over until successor appointed. - Construing former Code 1933, § 89-105 and Ga. L. 1937, p. 355, §§ 9 and 10 (see O.C.G.A. §§ 452-4, 49-3-1, and 49-3-2) together, a county welfare board (now county board of family

and children services) member whose term has expired can and should hold over and perform the duties of such office until the member’s successor has been duly appointed and qualified. 1948-49 Ga. Op. Att’y Gen. 466.

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Floyd Cnty. Grand Jury v. Dep't of Fam. & Child. Servs., 463 S.E.2d 519 (Ga. Ct. App. 1995).

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Floyd Cnty. Grand Jury v. Dep't of Fam. & Child. Servs., 463 S.E.2d 519 (Ga. Ct. App. 1995). · cites it 2× “Each county department of family and children services was also created by state law (OCGA § 49-3-1 (a)), and “[sjubject to the rules and regulations of the Board of Human Resources, [each] county department shall be charged with the administration of all forms of public…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.