2018 Georgia Code Annotated

TITLE 49 SOCIAL SERVICES

Chap.

• 1. General Provisions, 49-1-1 through 49-1-9.
• 2. Department of Human Services, 49-2-1 through 49-2-25.
• 3. County and District Departments, Boards, and Directors of Family and Children Services, 49-3-1 through 49-3-9.
• 4. Public Assistance, 49-4-1 through 49-4-193.
• 4A. Department of Juvenile Justice, 49-4A-1 through 49-4A-18.
• 4B. Interstate Compact for Juveniles, 49-4B-1 through 49-4B-3.
• 5. Programs and Protection for Children and Youth, 49-5-1 through 49-5-281.
• 6. Services for the Aging, 49-6-1 through 49-6-92.
• 7. Family-Planning Services, 49-7-1 through 49-7-9.
• 8. Economic Rehabilitation Services, 49-8-1 through 49-8-7.
• 9. Transfer of Division of Rehabilitation Services to Department of Labor, 49-9-1 through 49-9-53.
• 10. Georgia Board for Physician Workforce, 49-10-1 through 49-10-6.

Chapter 1. General Provisions, 49-1-1 through 49-1-9.

• 49-1-1. Definitions.
• 49-1-2. Compliance of county departments with rules and regulations of the Department of Human Services.
• 49-1-3. Power of Governor to reorganize state and local health and welfare organizations; appointment of district health and welfare directors and staff [Repealed].
• 49-1-4. Sales by administrators to institutions prohibited.
• 49-1-5. Suspension and removal of county board member, county director, or employee or official of department.
• 49-1-6. Transfer of assets of nonprofit corporation to department.
• 49-1-7. Home delivered meals, transportation, services for the elderly, and preschool children with special needs fund.
• 49-1-8. Website access to link or portal to social services specific to kinship caregivers and children in their care; definitions.
• 49-1-9. Redesignated.

Chapter 2. Department of Human Services, 49-2-1 through 49-2-25.

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.
• 49-2-2. Board created; qualifications and appointment of members; terms of office; vacancies; removal; per diem and expenses.
• 49-2-2.1. Department of Human Services becomes successor-in-interest to all rights, duties, and obligations of former Department of Human Resources.
• 49-2-3. Functions transferred to the board from other boards and commissions.
• 49-2-4. Creation of divisions; allocation of functions.
• 49-2-5. Department is institution of state; power to receive and disburse state, county, and federal funds.
• 49-2-6. Duties and powers of department.
• 49-2-7. Functions, duties, and authority transferred to the department from other state agencies.
• 49-2-8. Approval of physicians employed by department [Repealed].
• 49-2-9. Powers of department in administering and disbursing funds.
• 49-2-10. State appropriations; state, county, and federal welfare funds are for public purpose.
• 49-2-11. Acceptance and disbursement of federal aid; compliance with conditions; use of appropriations for matching funds.
• 49-2-12. Development and revision of transportation plan for programs of department.
• 49-2-13. Identifying transportation needs of the elderly and persons with disabilities and alternatives to meet needs.
• 49-2-13.1. Financial assistance for transportation services for the elderly and persons with disabilities.
• 49-2-14. (Effective until October 1, 2019. See note.) Record search for conviction data on prospective employees.
• 49-2-14. (Effective October 1, 2019. See note.) Record search for conviction data on prospective employees.
• 49-2-14.1. (Effective until October 1, 2019. See note.) Definitions; records check requirement for licensing certain facilities.
• 49-2-14.1. (Effective October 1, 2019. See note.) Definitions; records check requirement for licensing certain facilities.
• 49-2-15. Service of notice against department.
• 49-2-16. Council for Welfare Administration [Repealed].
• 49-2-17. Disciplinary actions against licensees or license applicants for certain violations.
• 49-2-18. Director of Division of Family and Children Services; appointment; qualifications.
• 49-2-19. DFCS State Advisory Board; membership; duties; officers and committees.

Article 2 Inspection Warrants for Residential Child Care Licensing.

• 49-2-20. Definitions.
• 49-2-21. Persons who may obtain inspection warrants; authorization of searches or inspections of property.
• 49-2-22. Procedure for issuance of inspection warrants.
• 49-2-23. Requirements for validly issued inspection warrant; contents of warrant.
• 49-2-24. Evidence generated inadmissible in criminal proceedings.
• 49-2-25. Proceedings for injunction for purpose of enjoining violations of provisions of residential child care licensing law; injunction to abate public nuisance injurious to public health, safety, or comfort.

Chapter 3. County and District Departments, Boards, and Directors of Family and Children Services, 49-3-1 through 49-3-9.

• 49-3-1. Establishment of county and district departments, boards, and directors.
• 49-3-2. Appointment of county board members; terms; vacancies; per diem and expenses; role of county board.
• 49-3-3. Appointment of county director; bond of county director.
• 49-3-3.1. Annual report from county director of department of family and children services; personal appearance.
• 49-3-4. Appointment of staff; salaries; power of commissioner to transfer employees.
• 49-3-5. Powers and duties of county director.
• 49-3-6. Functions of county department.
• 49-3-7. Removal of county director for falsification of qualifications.
• 49-3-8. Destruction of county departmental records.
• 49-3-9. DFCS Regional Advisory Board established in each region; membership; purpose; meetings.

Chapter 4. Public Assistance, 49-4-1 through 49-4-193.

Article 1 General Provisions.

• 49-4-1. Short title.
• 49-4-2. Definitions.
• 49-4-3. Establishment of categories of public assistance; powers and duties in administration of article.
• 49-4-4. Residence in state as affecting eligibility for public assistance.
• 49-4-5. Determining amount of public assistance.
• 49-4-6. Reserves, income, and resources to be disregarded.
• 49-4-7. Receipt of compensation for residence sold by government action not to affect eligibility.
• 49-4-8. Application for public assistance.
• 49-4-9. Investigation and record concerning applicant.
• 49-4-10. Physical examination of applicant.
• 49-4-11. Award and payment of public assistance.
• 49-4-12. Periodic redetermination of award; reporting changes in recipient's circumstances; review by department.
• 49-4-13. Hearings; appeal.
• 49-4-14. Regulations as to records; use or disclosure of information; penalty.
• 49-4-15. Fraud in obtaining public assistance, food stamps, or Medicaid; penalties; recovery of overpayments.
• 49-4-15.1. Examination of financial records in instances of alleged fraud.
• 49-4-16. Research, demonstration, and work experience programs; surplus food distribution.
• 49-4-17. Funding costs of assistance and administration; county participation not required.
• 49-4-17.1. Establishment of pilot community work experience programs [Repealed].
• 49-4-18. Article construed with federal Social Security Act; adoption of rules to comply with federal act.
• 49-4-19. Social assistance register.
• 49-4-20. Drug test required for applicants and recipients of certain government benefits; penalties for violation; reapplication; confidentiality of records.
• 49-4-21. Photo requirement on electronic benefits transfer cards for food stamps.
• 49-4-22. Eligibility for aid under federal Supplemental Nutrition Assistance Program.

Article 2 Old-Age Assistance.

• 49-4-30. Short title.
• 49-4-31. Definitions.
• 49-4-32. Eligibility for assistance under this article.
• 49-4-33. Duties of department under this article.
• 49-4-34. Duties of county departments under this article.
• 49-4-35. Assistance is neither assignable nor subject to legal process or operation of bankruptcy law; payment of assistance check after death of recipient.
• 49-4-36. Payment of assistance after recipient moves to another county.
• 49-4-37. Claims to assistance subject to amendments or repeals.
• 49-4-38. Roll book of employees.

Article 3 Aid to the Blind.

• 49-4-50. Short title.
• 49-4-51. Definitions; when person considered blind.
• 49-4-52. Eligibility for assistance under this article.
• 49-4-53. Duties of department under this article.
• 49-4-54. Duties of county departments under this article.
• 49-4-55. Examination of applicant by ophthalmologist or optometrist.
• 49-4-56. Reexamination of recipient's eyesight; furnishing information.
• 49-4-57. Providing supplementary treatment services.
• 49-4-58. Assistance is neither assignable nor subject to legal process; payment of assistance check after death of recipient.
• 49-4-59. Recovery of assistance payments from recipient's estate; federal share of amounts recovered.
• 49-4-60. Payment of assistance after recipient moves to another county.
• 49-4-61. Claims to assistance subject to amendments or repeals.

Article 4 Aid to the Disabled.

• 49-4-80. Definitions.
• 49-4-81. Eligibility for assistance under this article.
• 49-4-82. Duties of department under this article.
• 49-4-83. Duties of county departments under this article.
• 49-4-84. Assistance is neither assignable nor subject to legal process or operation of bankruptcy law; payment of assistance check after death of recipient.
• 49-4-85. Payment of assistance after recipient moves to another county.
• 49-4-86. Claims to assistance subject to amendments or repeals.

Article 5 Aid to Families With Dependent Children.

• 49-4-100 through 49-4-119 [Repealed].

Article 6 Medical Assistance for Aged.

• 49-4-120 through 49-4-128 [Repealed].

Article 7 Medical Assistance Generally.

• 49-4-140. Short title.
• 49-4-141. Definitions.
• 49-4-142. Department of Community Health established; adoption, administration, and modification of state plan; drug application fees; personal needs allowance.
• 49-4-142.1. Legislative notification of request for waiver.
• 49-4-142.2. Expansion of Medicaid eligibility through an increase in the income threshold.
• 49-4-143. Power of Board of Community Health; Board of Medical Assistance abolished.
• 49-4-144. Chief administrative officer; powers and duties.
• 49-4-145. Time limitations on claims for assistance; form of claims.
• 49-4-146. Time for action on claim.
• 49-4-146.1. Unlawful acts; violations and penalties; recovery of excess amounts; termination and reinstatement of providers; duty of department to identify and investigate violations; notifications; authorization to obtain income eligibility verification.
• 49-4-146.2. Requirements for voluntary termination of provider agreements by nursing facilities; adjustment of medical assistance rate; decertification.
• 49-4-146.3. Civil forfeiture of property and proceeds obtained through Medicaid fraud.
• 49-4-147. Enforcement of liens, claims, or offsets against assistance.
• 49-4-147.1. Claims by department against estate of Medicaid recipients.
• 49-4-147.2. Noneligibility of Department of Community Health to obtain nor be liable for interest on orders, judgments, and liquidated or unliquidated amounts; exemptions.
• 49-4-148. Recovery of assistance from third party liable for sickness, injury, disease, or disability; compromise or waiver of claim; compliance; effective date.
• 49-4-149. Lien of Department of Community Health against third parties; subrogation to recipients' insurance claims; assignment of recipients' claims.
• 49-4-149.1. Submission by department of plan for family supplementation of Medicaid payments upon federal removal of restrictions.
• 49-4-150. Regulations as to maintenance and use of records; certificate as to use of information.
• 49-4-151. Obtaining information for investigations and audits.
• 49-4-151.1. Errors or omissions in reporting; right to hearing; exclusion.
• 49-4-152. Research and demonstration projects; pilot projects to provide health care coverage and essential health care services; pharmacy assistance programs.
• 49-4-152.1. Medicaid Prescription Drug Bidding and Rebate Program.
• 49-4-152.2. Rebates for sole-source and multiple-source drugs included in Controlled Medical Assistance Drug List.
• 49-4-152.3. Reuse of unit dosage drugs.
• 49-4-152.4. Department contracts to require refund of prescription drug rebates.
• 49-4-152.5. Restocking fees.
• 49-4-153. Administrative hearings and appeals; judicial review; contested cases involving imposition of remedial or punitive measure against nursing facility.
• 49-4-154. Powers and duties retained by Department of Human Resources (Department of Community Health).
• 49-4-155. Department of Community Health to succeed to existing rules, regulations, policies, procedures, and administrative orders.
• 49-4-156. Tax exemption for health maintenance organizations with respect to contracts pursuant to this article [Repealed].
• 49-4-156.1. Reimbursement for services rendered under Article 5 of Chapter 6 of this title.
• 49-4-157. Construction of this article with federal act.
• 49-4-158. Certain dependents of military service members to maintain eligibility and priority for certain medical assistance and developmental disability services under certain conditions; waiver to implement such provision; compliance with certain federal laws, rules, and regulations; definitions.

Article 7A Long-term Care Partnership Program.

• 49-4-160. Short title.
• 49-4-161. Definitions.
• 49-4-162. Program established; purposes; assets to be disregarded with respect to Medicaid eligibility or payment or recovery by the state of payments for medical services.
• 49-4-163. Eligibility for asset disregard; reciprocal agreements with other states to extend asset disregard mutually.
• 49-4-164. Requirements for selling qualified long-term care insurance partnership policies; rules and regulations; reports.
• 49-4-165. Notice to consumers.
• 49-4-166. Effective date [Repealed].

Article 7B False Medicaid Claims.

• 49-4-168. Definitions.
• 49-4-168.1. Civil penalties for false or fraudulent Medicaid claims.
• 49-4-168.2. Role of Attorney General in pursuing cases; civil actions by private persons; special procedures for civil actions by private persons; limitation on participation; stay of discovery; receipt of proceeds.
• 49-4-168.3. Standard of proof; procedure; intervention by Attorney General.
• 49-4-168.4. Protection of employees from discrimination; relief; statute of limitations.
• 49-4-168.5. Statute of limitations.
• 49-4-168.6. Venue.

Article 7C Therapy Services for Children with Disabilities.

• 49-4-169. Legislative findings and intent.
• 49-4-169.1. Definitions.
• 49-4-169.2. Services and treatment for categorically needy and medically fragile children.
• 49-4-169.3. Requirements relating to administrative prior approval for services and appeals; statutory construction.

Article 8 Personal Representative to Manage Assistance Payments.

• 49-4-170. Grounds for appointing personal representative; petition by county or district director.
• 49-4-171. Hearing on petition; appointment, duties, and removal of representative; court costs waived.
• 49-4-172. Appeal from order of appointment or removal.
• 49-4-173. Maintenance of records by county or district director; use of facts and findings in other proceedings.

Article 9 Temporary Assistance for Needy Families.

• 49-4-180. Short title.
• 49-4-181. Definitions.
• 49-4-182. Temporary Assistance for Needy Families Program created.
• 49-4-183. Administration of article by department; promulgation of rules and regulations by board; duties of department.
• 49-4-184. Eligibility for assistance.
• 49-4-185. Sanctions against recipient for failure to comply.
• 49-4-186. Schedule of assistance to eliminate increment in benefits under TANF program as result of child birth during eligibility period.
• 49-4-187. Assistance for applicants moving into state after receiving assistance from another state.
• 49-4-188. Assistance for qualified aliens.
• 49-4-189. [Reserved].
• 49-4-190. Construction of article.
• 49-4-191. Establishment and enforcement of standards and procedures by department.
• 49-4-192. Establishment of pilot LEARNFARE program.
• 49-4-193. Drug test required for certain TANF applicants or recipients; ineligibility for benefits based upon positive tests; drug treatment; impact of drug use by parents on children; confidentiality; exceptions.

• 49-4A-1. Definitions.
• 49-4A-2. Board of Juvenile Justice created; appointments; terms; vacancies; chairperson; per diem and expenses; responsibilities and duties.
• 49-4A-3. Department of Juvenile Justice created; commissioner of juvenile justice; organization and operation of department.
• 49-4A-4. Purpose of chapter.
• 49-4A-5. Transfer of functions and employees of Division of Youth Services; personnel administration.
• 49-4A-6. Rules and regulations.
• 49-4A-7. Powers and duties of department.
• 49-4A-8. Commitment of delinquent children; procedure; cost; return of mentally ill or developmentally disabled children; escapees; discharge; evidence of commitment; records; restitution.
• 49-4A-9. Sentence of youthful offenders; modification of order; review; participation in programs.
• 49-4A-10. Escape from juvenile detention facility; petition; commitment.
• 49-4A-11. Aiding or encouraging child to escape; hindering apprehension of child.
• 49-4A-12. Special school district.
• 49-4A-13. Family attention home; assessment of risk and plan of care.
• 49-4A-14. Compensation for damage to apparel by youth under custody.
• 49-4A-15. Guard lines.
• 49-4A-16. Unlawful crossing or passage of certain items across guard lines; penalty.
• 49-4A-17. Introduction of certain items into juvenile detention facility prohibited; commerce with incarcerated youth.
• 49-4A-18. Prohibited possession of certain goods by youth.

• 49-4B-1. Short title.
• 49-4B-2. Compact.
• 49-4B-3. (For effective date, see note.) Role of Governor in implementation of compact; promulgation of rules and regulations by board.

Chapter 5. Programs and Protection for Children and Youth, 49-5-1 through 49-5-281.

ARTICLE I. PURPOSE.

ARTICLE II. DEFINITIONS.

ARTICLE III. INTERSTATE COMMISSION FOR JUVENILES.

ARTICLE IV. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.

ARTICLE V. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.

Section A. By-laws 1) The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

Section B. Officers and Staff 1) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

Section C. Qualified Immunity, Defense and Indemnification 1) The Commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

ARTICLE VI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.

ARTICLE VII. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION. Section A. Oversight

Section B. Dispute Resolution 1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

ARTICLE VIII. FINANCE.

ARTICLE IX. THE STATE COUNCIL.

ARTICLE X. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.

ARTICLE XI. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT.

Section A. Withdrawal 1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.

Section B. Technical Assistance, Fines, Suspension, Termination and Default 1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

Section C. Judicial Enforcement The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.

Section D. Dissolution of Compact 1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.

ARTICLE XII. SEVERABILITY AND CONSTRUCTION.

ARTICLE XIII. BINDING EFFECT OF COMPACT AND OTHER LAWS.

Section A. Other Laws 1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

Section B. Binding Effect of the Compact 1) All lawful actions of the Interstate Commission, including all rules and by-laws promulgated by the Interstate Commission, are binding upon the compacting states.

Article 1 Children and Youth Services.

• 49-5-1. Short title.
• 49-5-2. Purpose of article.
• 49-5-3. Definitions.
• 49-5-4. Other state departments, agencies, officers, and employees to assist department.
• 49-5-4.1. Child welfare agency public scorecard established.
• 49-5-5. Powers and duties of board; rules and regulations for training schools and other facilities.
• 49-5-6. Merit system to conform to federal standards; power to employ and contract for professional services; employment and dismissal procedures; membership in state retirement system.
• 49-5-7. Development and administration of public child welfare and youth services.
• 49-5-8. Powers and duties of department.
• 49-5-9. Use of public and private institutions and agencies; inspections; examination and control of children not in department's facilities.
• 49-5-10. Commitment of delinquent or unruly children to department; procedures; handling and treatment; escape and apprehension; release; termination of control [Repealed].
• 49-5-10.1. Temporary transfer of at-risk unruly or delinquent children to Department of Corrections; procedure; review; discharge [Repealed].
• 49-5-11. Escape from a youth detention center [Repealed].
• 49-5-12. Licensing and inspection of child welfare agencies; standards; revocation or refusal of license; penalties; violations.
• 49-5-12.1. Penalties for violation of child welfare agency laws and regulations.
• 49-5-12.2. Immunity from liability.
• 49-5-12.3. Definitions; annual inspection of child welfare agency.
• 49-5-13. Private child care learning centers not required to meet federal adult-child ratio.
• 49-5-14. Fire inspections of day-care homes and centers; fire safety codes [Repealed].
• 49-5-15. Notice as to child brought into state for placement or adoption; bond; certificate as to foster home; reports.
• 49-5-16. Power of department to contract; acceptance of children from federal courts for compensation.
• 49-5-17. Power of department to accept and use gifts.
• 49-5-18. Instituting or intervening in legal proceedings.
• 49-5-19. Annual report on children and youth services.
• 49-5-20. Existing charters of charitable institutions.
• 49-5-21. Penalties for aiding, harboring, or encouraging escapees or hindering their apprehension.
• 49-5-22. Voluntary pre-kindergarten programs to provide toilet facilities screened for privacy.
• 49-5-23. Obtaining information on recall notices.
• 49-5-24. Interagency efforts to gather and share comprehensive data; legislative findings; state-wide system for sharing data regarding care and protection of children; interagency data protocol; interagency agreements; waivers from certain federal regulations.

Article 2 Child Abuse Records.

• 49-5-40. Definitions; confidentiality of records; restricted access to records.
• 49-5-41. Persons and agencies permitted access to records.
• 49-5-41.1. Inspection and retention of records of juvenile drug use.
• 49-5-42. Rules and regulations.
• 49-5-43. Article not to conflict with federal law or lose federal funds; duty of board.
• 49-5-44. Penalties for unauthorized access to records; use of records in public and criminal proceedings.
• 49-5-45. Penalty for allowing unauthorized access to juvenile drug use records.
• 49-5-46. Immunity from liability of department, agency, or child advocacy center.

Article 3 Employees' Records Checks for Child Welfare Agencies.

• 49-5-60. Definitions.
• 49-5-61. Requirement of separate license and separate director for each new facility.
• 49-5-62. Records check application for director of new facility; preliminary records check for employees; retention of fingerprints.
• 49-5-63. Notice of determination; issuance of license; effect of unsatisfactory determination.
• 49-5-64. Fingerprint records check; retention.
• 49-5-65. Determination on the basis of fingerprint records check; revocation of license.
• 49-5-65.1. Employment of persons who have entered plea of guilty or nolo contendere to specified offenses [Repealed].
• 49-5-66. Separate license and center.
• 49-5-67. Fingerprint records check application for director of existing facility; preliminary records check for employees; annual license.
• 49-5-68. Change of director.
• 49-5-69. Employment requirements; suspension or revocation of license or criminal penalty for violations.
• 49-5-69.1. Fingerprint and preliminary records check for foster homes; notice of results; violations; foster parents known to have criminal records; retention of fingerprints.
• 49-5-70. Required cooperation among state agencies; unauthorized use of criminal history record information.
• 49-5-71. Immunity from liability for centers, state agencies, and employees.
• 49-5-72. Supplemental nature of article's requirements.
• 49-5-73. Applicability of "Georgia Administrative Procedure Act"; consideration of matters in mitigation of conviction.
• 49-5-74. Administration of article.

Article 4 Emergency Protection of Children in Certain Institutions.

• 49-5-90. Definitions.
• 49-5-91. Emergency orders; corrective orders; monitors.
• 49-5-92. Preliminary hearing; department order; interim department actions.

Article 5 Records Checks for Persons Supervising Children.

• 49-5-110. Definitions.
• 49-5-111. Employers authorized to make records checks; procedure; retention of fingerprints.
• 49-5-112. Cooperation of law enforcement agencies; penalty for false information.
• 49-5-113. Personal liability; disciplinary action.
• 49-5-114. Other laws requiring records checks.
• 49-5-115. Letter issued by Department of Early Care and Learning in lieu of background screening or fingerprint checks.

Article 6 Programs and Protection for Children.

Part 1 GOVERNOR'S OFFICE FOR CHILDREN AND FAMILIES.

• 49-5-130. Legislative findings and intent.
• 49-5-131. Definitions.
• 49-5-132. Governor's Office for Children and Families established; funding; duties and responsibilities.
• 49-5-133. Executive director; cooperation with Office of the Child Advocate for the Protection of Children.
• 49-5-134. Advisory board established; membership; officers and committees; compensation.
• 49-5-135. Powers and duties of advisory board; disbursement of appropriated moneys from fund.

Part 2 DELINQUENCY PREVENTION AND COMMUNITY BASED SERVICES.

• 49-5-150. Legislative policy and intent.
• 49-5-151. Implementation of part.
• 49-5-152. Purchase of care or services from public or private agencies.
• 49-5-153. Annual report.
• 49-5-154. Study of youth needs.
• 49-5-155. Effect of article on Department of Juvenile Justice; office as recipient entity for federal grants.

Part 3 MENTORING ACT OF 2000.

• 49-5-156. Short title; legislative findings; development of program; awarding of grants; applications; recognition; reporting to General Assembly.

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

• 49-5-160. Definitions; qualifications.
• 49-5-161. Registration and form required; fee; issuance of certificate.
• 49-5-162. Policies; qualified staff; proof of liability coverage.
• 49-5-163. Display of registration; inspection of facilities; investigation.
• 49-5-164. Registered organization not exempt.

Article 8 Central Child Abuse Registry.

• 49-5-180. Definitions.
• 49-5-181. Establishment of central registry; function of registry.
• 49-5-182. Notice to division of substantiated case resulting from investigation by abuse investigator.
• 49-5-183. Division to update registry upon notification of substantiated case; notice to alleged abuser; representation of alleged minor child abuser; hearing on expungement of name from registry.
• 49-5-184. Expungement hearing.
• 49-5-185. Access to information in registry; statistical analysis of substantiated cases and convictions entered into child abuse registry; requests to determine if one's name is included in registry.
• 49-5-186. Confidentiality of information in registry; penalties for unauthorized use of information.
• 49-5-187. Immunity from civil or criminal liability.

Article 9 Family Preservation and Child Protection [Repealed].

• 49-5-200 through 49-5-209 [Repealed].

Article 10 Children and Adolescents with Severe Emotional Problems.

• 49-5-220. Legislative findings and intent; State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents.
• 49-5-221. Definitions.
• 49-5-222. Guiding principles for coordinated system of care.
• 49-5-223. Contents of plan; information to be collected; updating of plan; implementation date.
• 49-5-224. Commissioner of behavioral health and developmental disabilities to submit annual report; contents of report.
• 49-5-225. Local interagency committees; membership; function of committees.
• 49-5-226. Placement of children and adolescents out of state for treatment.
• 49-5-227. Governor's Office for Children and Families to comment on plan for Coordinated System of Care and provide recommendations.

Article 11 Child Care Council.

• 49-5-240 through 49-5-244 [Redesignated].

Article 12 Policy Council for Children and Families [Repealed].

• 49-5-250 through 49-5-264 [Repealed].

Article 13 PeachCare for Kids.

• 49-5-270. Short title.
• 49-5-271. Legislative findings.
• 49-5-272. Definitions.
• 49-5-273. Creation of PeachCare; availability; eligibility; payment of premiums; enrollment; authorization to obtain income eligibility verification from the Department of Revenue.

Article 14 Foster Parents Bill of Rights.

• 49-5-280. Short title.
• 49-5-281. Bill of rights for foster parents; filing of grievance in event of violations.

• General Consideration
• Court Jurisdiction and Responsibilities
• Department's Custody and Responsibilities
• Parole Eligibility
• Loss of Civil Rights

Chapter 6. Services for the Aging, 49-6-1 through 49-6-92.

Article 1 General Provisions.

• 49-6-1. Purpose of article.
• 49-6-2. Department designated agency for federal programs for aging; development and coordination of state, local, and interstate programs.
• 49-6-3. Powers of department.
• 49-6-4. Acceptance of federal and other grants, gifts, bequests, or devises.
• 49-6-5. Creation of the Division of Aging Services within department.
• 49-6-6. Annual report.
• 49-6-7. Funds for expenses.

Article 2 Council on Aging.

• 49-6-20. Council created; appointment and terms of members; officers; rules; meetings.
• 49-6-21. Duties and powers of council.
• 49-6-21.1. Additional duties and powers of council; report and recommendations [Repealed].
• 49-6-22. Staff and facilities; expenses of council members.

Article 3 Silver-Haired Legislature.

• 49-6-40. Creation; membership; meetings, organization, and adoption of measures.

Article 4 Reserved.

Article 5 Community Care and Services for the Elderly.

• 49-6-60. Legislative intent.
• 49-6-61. Definitions.
• 49-6-62. Establishment of community care unit; provision of services; annual service plan; annual progress report; fees and contributions; funding.
• 49-6-63. Establishment by lead agency of community care service system; certification for benefits; evaluation by assessment team; volunteers; insurance coverage.
• 49-6-64. Adoption of rules and regulations.

Article 6 Georgia Family Caregiver Support.

• 49-6-70. Short title.
• 49-6-71. Purpose.
• 49-6-72. Definitions.
• 49-6-73. Eligibility for benefits; contracts; identification of services.
• 49-6-74. Provision of services; reimbursement of caregivers; maximum amounts available.
• 49-6-75. Entitlements not created.
• 49-6-76. Displacement of other programs prohibited.
• 49-6-77. Rules and regulations.

Article 7 Licensure of Adult Day Center.

• 49-6-80. Short title.
• 49-6-81. Legislative intent.
• 49-6-82. Definitions.
• 49-6-83. License required; nontransferable.
• 49-6-84. Authority of department; promulgation of rules and regulations; authority to issue or suspend licenses.
• 49-6-85. Periodic inspection by department; exemptions.
• 49-6-86. Reasonable fees for licensure of adult day centers; use of fees.

Article 8 Alzheimer's and Related Dementias State Plan.

• 49-6-90. Mobilization for state response to Alzheimer's and dementia patients; intent.
• 49-6-91. Definitions.
• 49-6-92. Establishment of advisory council; membership; advisory nature; review and recommendations; operation of council; reporting.

Chapter 7. Family-Planning Services, 49-7-1 through 49-7-9.

• 49-7-1. Short title.
• 49-7-2. Definitions.
• 49-7-3. Persons to whom agencies may offer services.
• 49-7-4. Services may be free.
• 49-7-5. Right to refuse services.
• 49-7-6. Right of employee to refuse to offer services.
• 49-7-7. Plans and programs to carry out chapter; required provisions.
• 49-7-8. Rules and regulations.
• 49-7-9. Construction of chapter.

Chapter 8. Economic Rehabilitation Services, 49-8-1 through 49-8-7.

• 49-8-1. Short title.
• 49-8-2. Purpose of chapter.
• 49-8-3. Definitions.
• 49-8-4. Administration of chapter.
• 49-8-5. Distribution of funds; local boards of directors; audits; bonding of agency employees.
• 49-8-6. Authorized and unauthorized activities of local agencies.
• 49-8-7. Opportunity to accept or reject proposals; services must meet minimum requirements of department; utilization of existing service delivery systems; compliance with federal legislation [Repealed].

Chapter 9. Transfer of Division of Rehabilitation Services to Department of Labor, 49-9-1 through 49-9-53.

Article 1 General Provisions.

• 49-9-1. Definitions.
• 49-9-2. Creation of the Georgia Vocational Rehabilitation Services Board.
• 49-9-3. Duties of executive director of Georgia Vocational Rehabilitation Agency.
• 49-9-4. Creation of Georgia Vocational Rehabilitation Agency; function.
• 49-9-5. Provision of services to persons with disabilities.
• 49-9-6. Authorization to utilize funds.
• 49-9-7. Cooperation to carry out the purposes of federal statutes.
• 49-9-8. Office of State Treasurer designated custodian of federal moneys.
• 49-9-9. Budget estimates.
• 49-9-10. Accepting and use of gifts.
• 49-9-11. Residency requirement; financial need.
• 49-9-12. Independent living program.
• 49-9-13. Entitlement to hearing if aggrieved.
• 49-9-14. Rights not transferable; exempt from creditors.
• 49-9-15. Coverage by a hospitalization or medical insurance policy.
• 49-9-16. Lien upon causes of actions; procedure for perfecting lien; notice; fee; releases and covenants not to sue.
• 49-9-17. Authorization to retain title; authorization to sell; surplus; receipts; deposit of funds received.
• 49-9-18. Confidentiality; penalty.
• 49-9-19. Governing prohibitions.
• 49-9-20. Rights of General Assembly to amend or repeal chapter.
• 49-9-21. Delivery of deaf-blind services and techniques leading to maximum independence; integration.

Article 2 Vending Facilities on State Property.

• 49-9-40. Definitions.
• 49-9-41. Declaration of public policy; income.
• 49-9-42. Operation of vending facilities on state property; preference for licensed disabled persons.

Article 3 Employment First Georgia Council.

• 49-9-50. Definitions.
• 49-9-51. Creation of Employment First Georgia Council; membership; operation.
• 49-9-52. Purpose of council; "Employment First Policy" or "Employment First."
• 49-9-53. Powers, duties, and responsibilities of council.

Chapter 10. Georgia Board for Physician Workforce, 49-10-1 through 49-10-6.

• 49-10-1. Board for physician workforce; composition; expense allowances; staffing; advisory committees.
• 49-10-2. Purpose.
• 49-10-3. Powers, duties, and responsibilities.
• 49-10-4. Power to make contracts; authority to adopt rules and regulations.
• 49-10-5 and 49-10-6 [Repealed].