O.C.G.A.
O.C.G.A.

O.C.G.A. § 49-3-6 (2019)

Functions of county department

✓ 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) The primary purpose of county departments shall be to protect children. To achieve this primary purpose, the county departments shall, in accordance with rules and regulations of the Division of Family and Children Services of the department:

(1) Investigate reports of abuse or neglect;

(2) Assess, promote, and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect;

(3) Work cooperatively with law enforcement regarding reports that include criminal conduct allegations;

(4) In collaboration with the family treatment court division planning group, if one exists, establish a written protocol to assess cases involving substantiated reports of abuse or neglect for possible referral to a family treatment court division. Such protocol shall be consistent with the Council of Accountability Courts of Georgia’s certification requirements and include sufficient criteria to determine the need for substance abuse treatment; and

(5) Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family, and provide prevention, intervention, and treatment services pursuant to this title.

(b) In addition to the purpose in subsection (a) of this Code section, and subject to the rules and regulations of the Board of Human Services, the county department shall be charged with the administration of all forms of public assistance in the county, including home relief; indoor and outdoor care for those in need; temporary assistance for needy families; old-age assistance; aid to the blind and otherwise disabled; the care and treatment of dependent and neglected children; and such other welfare activities as shall be delegated to it by the Division of Family and Children Services of the department or by the county commissioners.

History

Ga. L. 1937, p. 355, § 13; Ga. L. 1995, p. 1302, § 14; Ga. L. 1997, p. 1021, § 7; Ga. L. 2009, p. 453, §§ 2-2, 2-3/HB 228; Ga. L. 2015, p. 422, § 5-100/HB 310; Ga. L. 2015, p. 552, § 3/SB 138; Ga. L. 2017, p. 585, § 1-5/SB 174.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 2015, the amendment to this Code section by Ga. L. 2015, p. 422, § 5-100/HB 310,

was treated as impliedly repealed and superseded by Ga. L. 2015, p. 552, § 3/SB 138, due to irreconcilable conflict. Editor’s notes. Ga. L. 1997, p. 1021, § 10, not codified by the General Assembly, provides for severability. Law reviews. For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U. L. Rev. 284 (1997).

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 115 (2017).

OPINIONS OF THE ATTORNEY GENERAL Heating Energy Assistance Team funds. - Department of Human Resources (now Department of Human Services) may utilize the local departments of family and children services to distribute

Heating Energy Assistance Team (HEAT) funds to needy persons as contemplated by the HEAT program. 1983 Op. Att’y Gen. No. 83-8.

Notes of Decisions
Cited in 11 cases, 1984–2018 · leading case: Ga. Dep't of Human Servs. v. Steiner, 815 S.E.2d 883 (Ga. 2018).
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Ga. Dep't of Human Servs. v. Steiner, 815 S.E.2d 883 (Ga. 2018). · cites it 2× “" OCGA § 49-3-6 ; see OCGA § 49-5-8. Among other tasks, DFCS is charged with receiving and investigating reports of child abuse.”
Georgia Dep't of Human Servs., Div. of Fam. & Child. Servs. v. Steiner, 303 Ga. 890 (Ga. 2018). · cites it 2× “” OCGA § 49-3-6; see OCGA § 49- 5-8. Among other tasks, DFCS is charged with receiving and investigating reports of child abuse.”
Bendiburg v. Dempsey, 707 F. Supp. 1318 (N.D. Ga. 1989). · cites it 6× “Further guidance on this point is found in O.C.G.A. § 49-3-6. This statute provides in relevant part that each county department Shall be charged with the administration of all forms of public assistance in the county, including home relief; indoor and outdoor care for those in…”
In Re Tidwell, 632 S.E.2d 690 (Ga. Ct. App. 2006). · cites it 2× “(12), “Legal custody” means a legal status created by court order embodying the following rights and responsibilities: (A) The right to have the physical possession of the child or youth; (B) The right and the duty to protect, train, and discipline him; (C) The responsibility to…”
In Re Rlm, 321 S.E.2d 435 (Ga. Ct. App. 1984). · cites it 2× “" OCGA § 49-3-6. In this instance the juvenile court found R.”
In the Interest of A. V. B., 482 S.E.2d 275 (Ga. 1997). · cites it 2× “Nothing in GAO’s petition raises the slightest inference that Dougherty DFCS has ceased carrying out its legal duty, with which it has been charged, see OCGA § 49-3-6, to care for A. V. B. as her legal custodian.”
Floyd Cnty. Grand Jury v. Dep't of Fam. & Child. Servs., 463 S.E.2d 519 (Ga. Ct. App. 1995). · cites it 2× “” OCGA § 49-3-6. Not only are county departments of family and children services under the supervision of DHR, a state agency, but Georgia law suggests that DFACS employees are state employees.”
In re R. L. M., 171 Ga. App. 940 (Ga. Ct. App. 1984). · cites it 2× “” OCGA § 49-3-6. In this instance the juvenile court found R.”
In the Interest of C. A. C., 522 S.E.2d 236 (Ga. Ct. App. 1999). · cites it 2× “As reflected in Division 1, this temporary custody began with the August 21,1998 order for shelter care for both children.”
In Re Cac, 522 S.E.2d 236 (Ga. Ct. App. 1999). · cites it 2× “Therefore, Callahan could not dispute the juvenile court's conclusion that the child was deprived, OCGA § 15-11-2(8), and there has been no error shown with regard to that finding and the court's placement of temporary legal custody with the Department. As reflected in Division…”
In Interest of AVB, 482 S.E.2d 275 (Ga. 1997). · cites it 2× “Nothing in GAO's petition raises the slightest inference that Dougherty DFCS has ceased carrying out its legal duty, with which it has been charged, see OCGA § 49-3-6, to care for A.V.B. as her legal custodian.”
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.