Powers and Duties of Board; Rules and Regulations for Training Schools and Other Facilities

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  6. Powers and Duties of Board; Rules and Regulations for Training Schools and Other Facilities

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  1. The board shall perform duties required of it by this article and shall, in addition thereto, be responsible for adoption of all policies and promulgation of all rules and regulations not in conflict with this article that may be necessary and appropriate to the administration of the department, to the accomplishment of the purposes of this article, and to the performance of the duties and functions of the department as set forth in this article.
  2. The board shall establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions now or hereafter under the jurisdiction and control of the department, bearing in mind at all times that the purpose for existence and operation of such schools, facilities, and institutions and all activities carried on therein shall be to carry out the rehabilitative program provided for by this article and to restore and build up the self-respect and self-reliance of children and youths lodged therein so as to qualify and equip them for good citizenship and honorable employment.

(Ga. L. 1963, p. 81, § 6.)

OPINIONS OF THE ATTORNEY GENERAL

Authority over training schools, institutions, and detention centers.

- Based upon the fact that O.C.G.A. § 49-5-5 expressly extends the rule-making power of the Board of Human Resources not only to the operation and maintenance of training schools but also to any facility or institution under the jurisdiction and control of the Division for Children and Youth (now Division of Family and Children Services of the Department of Human Resources), the admission procedures and policies pertaining to regional detention centers are likewise within the discretion of the department. 1971 Op. Att'y Gen. No. 71-161.

Acceptance of children from federal institutions and provision of services.

- State Department of Family and Children Services (now Division of Family and Children Services of the Department of Human Resources) is authorized to enter into agreements to accept children and youth from the federal penal and corrective institutions and agencies and to provide the children and youth with the services extended by the facilities of the department to those children taken pursuant to Georgia court orders; the conditions and circumstances under which such agreements should be effectuated is a matter within the administrative powers of the board pursuant to this section and can be effectuated by the adoption of such appropriate rules and regulations as the board deems necessary. Adequate compensation for the costs thereof may be collected by the department from the agency transferring the children or youth to the Georgia facilities. 1968 Op. Att'y Gen. No. 68-191.

Fire safety standards for day care centers.

- Board of Human Resources had lawful authority to adopt the 1973 Life Safety Code (National Fire Protection Association standard 101), a comprehensive set of standards that deals with preventing and controlling losses from fire, as part of the rules and regulations for day care centers, and the department has lawful authority to enforce compliance with code standards. 1976 Op. Att'y Gen. No. U76-6.

Formula for determining allocation of funds to counties.

- State Board for Children and Youth (now Board of Human Resources) has the authority to provide a formula for determining the funds to be allocated and distributed to the counties. 1968 Op. Att'y Gen. No. 68-419.

Limits on amount spent by counties for detention purposes.

- State Board for Children and Youth (now Board of Human Resources) has the power to incorporate in a formula a provision that the funds disbursed for county-owned detention purposes will not exceed the total funds spent by the various counties for detention purposes during the fiscal year involved. 1968 Op. Att'y Gen. No. 68-419.

Imposition of limits on spending based on amount spent in preceding year.

- State Board for Children and Youth (now Board of Human Resources) does not have the authority to provide in a formula that the funds allocated and distributed to a county in one fiscal year will not be in excess of the total funds spent by the county for detention purposes during the preceding year. 1968 Op. Att'y Gen. No. 68-419.

RESEARCH REFERENCES

C.J.S.

- 43 C.J.S., Infants, §§ 12, 13.


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