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the Georgia Code
2006 Georgia Code - 49-5-3
49-5-3. As used in this article, the term:
(1) 'Child-caring institution' means
any institution, society, agency, or facility, whether incorporated
or not, which either primarily or incidentally provides full-time
care for children through 18 years of age outside of their own
homes, subject to such exceptions as may be provided in rules and
regulations of the board. (2)
'Child-placing agency' means any institution, society, agency, or
facility, whether incorporated or not, which places children in
foster homes for temporary care or for adoption.
(3) 'Child welfare and youth
services' means duties and functions authorized or required by this
article to be provided by the department with respect to:
(A) Establishment and enforcement of
standards for social services and facilities for children and
youths which supplement or substitute for parental care and
supervision for the purpose of preventing or remedying or assisting
in the solution of problems which may result in neglect, abuse,
exploitation, or delinquency of children and youths;
(B) Protecting and caring for
deprived children and youths; (C) Protecting and promoting the welfare of
children of working mothers; (D) Providing social services to children and
youths and their parents and care for children and youths born out
of wedlock and their mothers; (E) Promotion of coordination and cooperation
among organizations, agencies, and citizen groups in community
planning, organization, development, and implementation of such
services; and (F) Otherwise
protecting and promoting the welfare of children and youths,
including the strengthening of their homes where possible or, where
needed, the provision of adequate care of children and youths away
from their homes in foster family homes or day-care or other child
care facilities. (4)
Reserved. (5) 'Deprived child
or youth' means any person so adjudged under Chapter 11 of Title
15. (6) Reserved.
(7) Reserved. (8) Reserved. (9) 'Group-care facility' means a place
providing care for groups of children and youths, other than a
foster family home. (9.1)
Reserved. (10) 'Homemaker
service' means a service provided by a woman selected for her
skills in the care of children and home management and placed in a
home to help maintain and preserve the family life during the
absence or incapacity of the mother. (11) 'In loco parentis' means a quasi-parental
relationship inferred from and implied by the fact that a child or
youth has been taken into a family and treated like any other
member thereof, unless an express contract exists to the
contrary. (12) 'Legal
custody' means a legal status created by court order embodying the
following rights and responsibilities: (A) The right to have the physical possession of
the child or youth; (B) The
right and the duty to protect, train, and discipline him;
(C) The responsibility to provide
him with food, clothing, shelter, education, and ordinary medical
care; and (D) The right to
determine where and with whom he shall live, provided that these rights and responsibilities
shall be exercised subject to the powers, rights, duties, and
responsibilities of the guardian of the person of the child or
youth and subject to any residual parental rights and
responsibilities. (13)
'Maintenance' means all general expenses for care such as board;
shelter; clothing; medical, dental, and hospital care;
transportation; and other necessary or incidental expenses.
(14) 'Maternity home' means any
place in which any person, society, agency, corporation, or
facility receives, treats, or cares for, within any six-month
period, more than one pregnant woman whose child is to be born out
of wedlock, either before, during, or within two weeks after
childbirth. This definition shall not include women who receive
maternity care in the home of a relative or in general or special
hospitals, licensed according to law, in which maternity treatment
and care is part of the medical services performed and the care of
children is only brief and incidental. (15) 'Probation' means a legal status created by
court order following adjudication in a delinquency case, whereby a
child or youth is permitted to remain in the community, subject to
supervision by the court or an agency designated by the court and
subject to being returned to court at any time during the period of
probation. (16) 'Protective
supervision' means a legal status created by court order following
adjudication in a deprivation case, whereby a
child́s
place of abode is not changed but assistance directed at correcting
the deprivation is provided through the court or an agency
designated by the court. (17)
'Shelter' or 'shelter care' means temporary care in a nonsecurity
or open type of facility.
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