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Role of Governor in Implementation of Compact; Promulgation of Rules and Regulations by Board

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With respect to the Interstate Compact for Juveniles set out in Code Section 49-4B-2:

The Governor shall by executive order establish the initial composition, terms, and compensation of the Georgia State Council for Interstate Juvenile Supervision required by Article IX of that compact, with the Governor making the appointments to those positions; provided, however, that there shall be two representatives from the legislative branch of government and one representative from the judicial branch of government who shall be appointed as follows:
1. The Speaker of the House of Representatives shall make one appointment of a legislative branch representative;
2. The President of the Senate shall make one appointment of a legislative branch representative; and
3. The Chief Justice of the Supreme Court shall make one appointment of a judicial branch representative;
The Governor shall by executive order establish the qualifications, term, and compensation of the compact administrator required by Article III of that compact, with the state council making the appointment of the compact administrator;
The Governor shall by executive order provide for any other matters necessary for implementation of the compact at the time that it becomes effective; and
Except as otherwise provided for in this Code section, the board may promulgate rules or regulations necessary to implement and administer the compact, subject to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Code 1981, §49-4B-3, enacted by Ga. L. 2014, p. 763, § 2-1/HB 898; Ga. L. 2018, p. 201, § 2/HB 670.)

The 2018 amendment, rewrote paragraph (1). For effective date, see the Editor's note.

Editor's notes.

- Ga. L. 2018, p. 201, § 2/HB 670, provided: "(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.

CHAPTER 5 PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH 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.
49-5-8.1. Short-term babysitting of child in foster care; reasonable and prudent parent standard.
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 through 49-5-187 [Repealed].

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.

Cross references.

- Juvenile justice system, T. 15, C. 11.

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 Department of Early Care and Learning, Official Compilation of the Rules and Regulations of the State of Georgia, Title 591.

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. Ch. 5, T. 49 and Ch. 11, T. 15) 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 neglected children from parents' custody, 60 A.L.R.4th 942.

ARTICLE 1 CHILDREN AND YOUTH SERVICES

Cross references.

- Extended care youth services, § 15-11-340 et seq.

Distribution of prostitution proceeds following forfeiture to programs serving child victims, § 16-6-13.3.

Commencement of juvenile court proceeding for child on aftercare to Division of Youth Services, Uniform Rules for the Juvenile Courts of Georgia, Rule 4.6.

Commitment of child to Division of Youth Services by juvenile court, Uniform Rules for the Juvenile Courts of Georgia, Rule 15.2.

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