49-4B-3 (2019)

Annotations

Editor’s notes. Ga. L. 2018, p. 201, § 2/HB 670, provides: “(a) If a legislative branch representative is appointed and serving on the Georgia State Council for Interstate Juvenile Supervision on June 30, 2018, then this Act shall become effective upon the termination of his or her term of service. “(b) If a legislative branch representative has not been appointed and is not serving on such council on June 30, 2018,

then this Act shall become effective on July 1, 2018.” A legislative branch representative had not been appointed and was not serving on such council on June 30, 2018, so the Act became effective on July 1, 2018. Paragraph (3) of this Code section refers to the time the Compact, codified at Code Section 49-4B-2, becomes effective. The Compact became effective July 1, 2014.

PROGRAMS & PROTECTION FOR CHILDREN

CHAPTER 5 PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH Sec.

Article 1 Children and Youth Services Sec.

Short title. Purpose of article. Definitions. Other state departments, agencies, officers, and employees to assist department. Child welfare agency public scorecard established. Powers and duties of board; rules and regulations for training schools and other facilities. Merit system to conform to federal standards; power to employ and contract for professional services; employment and dismissal procedures; membership in state retirement system. Development and administration of public child welfare and youth services. Powers and duties of department. Short-term respite care of child in foster care; reasonable and prudent parent standard. Use of public and private institutions and agencies; inspections; examination and control of children not in department’s facilities. [Reserved] Commitment of delinquent or unruly children to department; procedures; handling and treatment; escape and apprehension; release; termination of control. [Reserved] Escape from a youth detention center. Licensing and inspection of child welfare agencies; stan-

dards; revocation or refusal of license; penalties; violations. Penalties for violation of child welfare agency laws and regulations. Immunity from liability. Annual inspection of child welfare agency. Private child care learning centers not required to meet federal adult-child ratio. [Reserved] Fire inspections of day-care homes and centers; fire safety codes. Notice as to child brought into state for placement or adoption; bond; certificate as to foster home; reports. Power of department to contract; acceptance of children from federal courts for compensation. Power of department to accept and use gifts. Instituting or intervening in legal proceedings. Annual report on children and youth services. Existing charters of charitable institutions. Penalties for aiding, harboring, or encouraging escapees or hindering their apprehension. Voluntary pre-kindergarten programs to provide toilet facilities screened for privacy. Obtaining information on recall notices. Implementation of statewide system for data sharing; waivers from certain federal regulations. Maternity supportive housing residences; registration; requirements.

Sec.

Article 2 Child Abuse Records Sec.

Definitions; confidentiality of records; restricted access to records. Persons and agencies permitted access to records. Inspection and retention of records of juvenile drug use. Rules and regulations. Article not to conflict with federal law or lose federal funds; duty of board. Penalties for unauthorized access to records; use of records in public and criminal proceedings. Penalty for allowing unauthorized access to juvenile drug use records. Immunity from liability of department, agency, or child advocacy center. Article 3

Employees’ Records Checks for Child Welfare Agencies

Change of director. Employment requirements; suspension or revocation of license or criminal penalty for violations. Fingerprint and preliminary records check for foster homes; notice of results; violations; foster parents known to have criminal records; retention of fingerprints. Required cooperation among state agencies; unauthorized use of criminal history record information. Immunity from liability for centers, state agencies, and employees. Supplemental nature of article’s requirements. Applicability of “Georgia Administrative Procedure Act”; consideration of matters in mitigation of conviction. Administration of article. Article 4

Definitions. Requirement of separate license and separate director for each new facility. Records check application for director of new facility; preliminary records check for employees; retention of fingerprints. Notice of determination; issuance of license; effect of unsatisfactory determination. Fingerprint records check; retention. Determination on the basis of fingerprint records check; revocation of license. Separate license and director for each center. Fingerprint records check application for director of existing facility; preliminary records check for employees; annual license.

Emergency Protection of Children in Certain Institutions

Definitions. Emergency orders; corrective orders; monitors. Preliminary hearing; department order; interim department actions. Article 5

Records Checks for Persons Supervising Children

Definitions. Employers authorized to make records checks; procedure; retention of fingerprints. Cooperation of law enforcement agencies; penalty for false information. Immunity from liability; disciplinary action. Other laws requiring records checks.

Sec.

PROGRAMS & PROTECTION FOR CHILDREN Sec. Letter issued by Department of Early Care and Learning in lieu of background screening or fingerprint checks. Article 6

Programs and Protection for Children

reporting to General Assembly. Article 7 Registration of Organizations Providing Services to Runaway and Homeless Youth

PART 1 GOVERNOR’S OFFICE FOR CHILDREN AND FAMILIES

Legislative findings and intent. Definitions. Governor’s Office for Children and Families established; funding; duties and responsibilities. Executive director; appointment; contracting with other agencies. Advisory board established; membership; officers and committees; compensation. Powers and duties of advisory board.

Central Child Abuse Registry 49-5-180 through 49-5-187. [Reserved]. Article 9 Family Preservation and Child Protection 49-5-200 through 49-5-209. [Reserved]. Article 10

DELINQUENCY PREVENTION AND COMMUNITY BASED SERVICES

Children and Adolescents with Severe Emotional Problems

Legislative policy and intent. Implementation of part; duties. Purchase of care or services from public or private agencies. Annual report. Study of youth needs. Effect of article on Department of Juvenile Justice; office as recipient entity for federal grants. PART 3 MENTORING ACT OF 2000

Definitions. Registration and form required; fee; issuance of certificate. Policies; qualified staff; proof of liability coverage. Display of registration; inspection of facilities; investigation. Registered organization not exempt. Article 8

PART 2

Short title; legislative findings; development of program; awarding of grants; applications; recognition;

Legislative findings and intent; State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents. Definitions. Guiding principles for coordinated system of care. Developing and updating plan; requirements; information to be collected. Annual report. Local interagency committees; membership; duties. Placement of children and adolescents out of state for treatment. Governor’s Office for Children and Families to com-

Sec.

Article 13 ment on plan for Coordinated System of Care and provide recommendations. Article 11 Child Care Council

PeachCare for Kids Sec.

49-5-240 through 49-5-244. Redesignated.

Short title. Legislative findings. Definitions. Creation of program; eligibility; payments; enrollment; agency cooperation. Article 14

Article 12

Foster Parents Bill of Rights

Policy Council for Children and Families

49-5-250 through 49-5-264. [Reserved].

Cross references. Juvenile justice system, § 15-11-1 et seq. Editor’s notes. By resolution (Ga. L. 1986, p. 1204), the General Assembly urged certain public organizations and state agencies to develop programs for the education and training of social services and criminal justice professionals in the areas of child abuse, sexual abuse, and sexual exploitation. Administrative rules and regulations. Bright from the Start, Georgia Depart-

Short title. Bill of rights for foster parents; grievances for violations.

ment of Early Care and Learning, Official Compilation of the Rules and Regulations of the State of Georgia, § 591-1-1-.01 et seq. Law reviews. For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For case comment, “Taylor v. Ledbetter: Vindicating the Constitutional Rights of Foster Children to Adequate Care and Protection,” see 22 Ga. L. Rev. 1187 (1988).

OPINIONS OF THE ATTORNEY GENERAL Construction. - Ga. L. 1963, p. 81 et seq. and Ga. L. 1971, p. 709 et seq. (see O.C.G.A. §§ 15-11-1 et seq. and 49-5-1 et

seq.) should be read in pari materia. 1980 Op. Att’y Gen. No. 80-53.

RESEARCH REFERENCES ALR. Tort liability of public authority for failure to remove parentally abused or ne-

glected children from parents’ custody, 60 A.L.R.4th 942.

ARTICLE 1 CHILDREN AND YOUTH SERVICES Cross references. Extended care youth services, § 15-11340 et seq.

Law reviews. For note, “Who Calls the Shots?: Parents Versus the Parens Patriae Power of

T.49, C.5, A.1 PROGRAMS & PROTECTION FOR CHILDREN

the States to Mandate Vaccines for Children in New York,” see 37 Ga. St. U.L. Rev. 637 (2021).