§ 49-5-70. Required Cooperation Among State Agencies; Unauthorized Use of Criminal History Record Information
GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records checks required under this chapter and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. Any person who knowingly […]
§ 49-5-71. Immunity From Liability for Centers, State Agencies, and Employees
Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. A center or […]
§ 49-5-72. Supplemental Nature of Article’s Requirements
The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter. History. Code 1981, § 49-5-73 , enacted by Ga. L. 1984, p. 1397, § 1; Code 1981, § 49-5-72 , as redesignated by Ga. L. 1985, p. 963, § 1. Editor’s notes. Ga. L. 1985, […]
§ 49-5-73. Applicability of “Georgia Administrative Procedure Act”; Consideration of Matters in Mitigation of Conviction
A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that any […]
§ 49-5-74. Administration of Article
The department is authorized to provide by regulation for the administration of this article. History. Code 1981, § 49-5-74 , enacted by Ga. L. 1985, p. 963, § 1. Editor’s notes. Former Code Section 49-5-74 was redesignated as Code Section 49-5-73 by Ga. L. 1985, p. 963, § 1.
§ 49-5-90. Definitions
As used in this article, the term: “Child in care” means any person under the age of 17 years who has been admitted to, is cared for, or resides in a facility. “Commissioner” means the commissioner of human services or his designee. “Corrective order” means an order by the commissioner detailing the findings of the […]
§ 49-5-61. Requirement of Separate License and Separate Director for Each New Facility
An applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility. History. Code 1981, § 49-5-61 , enacted by Ga. L. 1984, p. 1397, § 1; Ga. L. 1985, p. 963, § […]
§ 49-5-91. Emergency Orders; Corrective Orders; Monitors
Emergency orders may be issued by the commissioner or his designee pursuant to findings by the department pursuant to surveys, inspections, or investigations, which are required or permitted by law, that departmental rules and regulations are being violated which threaten the health, safety, or welfare of children in care. The commissioner may order the emergency […]
§ 49-5-20. Existing Charters of Charitable Institutions
Nothing in this article shall be deemed to revoke any charter of incorporation of any orphans’ home or charitable or benevolent institution incorporated and established under the Act of the General Assembly approved December 18, 1894 (Ga. L. 1894, p. 80), as amended by the Act of the General Assembly approved December 16, 1898 (Ga. […]
§ 49-5-21. Penalties for Aiding, Harboring, or Encouraging Escapees or Hindering Their Apprehension
Any person who shall knowingly aid, assist, or encourage any child or youth under the lawful control or custody of the department or of any licensed child welfare agency or home or facility used by such agency, public or private, to escape or to attempt to escape its control or custody shall be guilty of […]