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of
the Georgia Code
2006 Georgia Code - 49-5-9
49-5-9. (a) The department is authorized to make use of
law enforcement detention, supervisory, medical, educational, and
other public or private facilities, institutions, and agencies
within the state for the purposes of this article; provided,
however, that this shall not give the department authority to
transfer any child or youth under its custody and control to any
penal institution in the state without due process of law. When
funds are available, the department may enter into agreements with
appropriate private or public officials of private or public
institutions and agencies for separate care and special treatment
of children and youths subject to the control of the
department. (b) The
department is given the right and is required to inspect
periodically all public and private institutions and agencies whose
facilities it is using. Every institution and agency, whether
public or private, is required to afford the department reasonable
opportunity to examine or consult with children and youths
committed to the department who are for the time being in the
custody of the institution or agency. (c) Placement of a child or youth by the
department in any institution or agency not operated by the
department or the release of such child or youth from such an
institution or agency shall not terminate the control of the
department over such child or youth. No child or youth placed in
such institution or under such an agency may be released by the
institution or agency without the approval of the
department.
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