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the Georgia Code
2006 Georgia Code - 49-5-7
49-5-7. (a) The department is designated the exclusive
state agency: (1) For
development and administration of a comprehensive state plan and
program providing public child welfare and youth services provided
for in Title IV, Part B, of the federal Social Security Act;
(2) For administering, supervising,
and discharging all duties required by any other act of Congress
and any amendments thereto that may now or hereafter allot federal
funds for public child welfare and youth services coming within the
scope of this article; (3)
For administering and supervising local administration of public
child welfare and youth services provided for in this article;
and (4) For receiving and
expending on behalf of the state all funds which now or hereafter
may become available or allotted to this state by virtue of any
appropriation or act of Congress or regulation of the federal
government, its agencies, and instrumentalities or be appropriated
by the General Assembly for public child welfare and youth services
to be administered by the department as provided for in this
article. The department is authorized to use so much of funds as
may be appropriated by the General Assembly for the purpose of
matching federal grants for public child welfare and youth services
provided for in this article as may be necessary to secure such
grants, derive full advantage to the state of benefits contemplated
under the terms of such grants, and comply with the terms of such
grants. (b) County or
district departments are designated the local public agencies to
administer locally the state plan and program for public child
welfare and youth services to be developed in accordance with
paragraph (1) of subsection (a) of this Code section and other
public child welfare and youth services provided for in this
article and shall administer them in accordance with rules and
regulations to be established by the board. The department shall
aid, assist, supervise, coordinate, and direct the administering of
such public child welfare and youth services by county or district
departments and enforce the rules and regulations of the board in
regard thereto. (c) The cost
of all child welfare benefits and services and the cost of
administration thereof, authorized by this article, shall be met
from such funds as shall be made available therefor from federal
and state appropriations. No county shall hereafter be required to
participate in the cost of any child welfare benefit or service or
in the cost of administration thereof. For the purpose of this
subsection, 'cost of administration' means salaries and traveling
expenses of the county or district director and other employees of
the staff of the county or district department engaged in the
performance of child welfare and youth services provided for under
this article. (d) Public
child welfare and youth services similar to those to be provided by
the department under this article and pursuant to Title IV, Part B,
of the federal Social Security Act shall, by cooperative agreement
or contract by and between the Department of Human Resources and
county or district departments of family and children services be
made available to recipients of and persons who have been or are
likely to become recipients of assistance under the temporary
assistance for needy families program provided for in Article 5 of
Chapter 4 of this title and related federal laws, to include foster
home care and other child care referred to in Section 408 of Title
IV of the federal Social Security Act. The department is designated
the 'state public welfare agency' referred to in Sections 408(a)
and (f) and 421 of Title IV of the federal Social Security
Act. (e) The commissioner
shall, in developing and administering the state plans and programs
referred to in paragraph (1) of subsection (a) and in subsection
(d) of this Code section, provide by cooperative agreement and
contract where necessary for coordination of such plans and
programs with a view toward providing welfare and related services
on a comprehensive basis that will best promote the welfare of
children and youths and their families and best effectuate and
coordinate effective implementation and administration of both such
plans and programs at the local level of administration.
(f) Nothing in this article is
intended to conflict with any federal law or result in loss of
eligibility of the department or any other department of state
government to any federal funds. In case such a conflict or loss of
federal funds should occur by virtue of enactment of any portion of
this article, then such portion of this article in conflict with
such federal law or otherwise causing loss of such funds is
declared to be of no effect and void. The board is authorized and
empowered in such event to take such action as may be necessary and
to effect such changes within the department as may be necessary to
prevent loss of such funds to the department or any other
department of state government affected and to secure to the same
the full benefit of the federal laws.
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