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2006 Georgia Code - 49-5-91
49-5-91. (a) 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. (b)(1)(A) The commissioner may order the
emergency relocation of residents from a child-caring institution
other than a day-care facility subject to licensure under this
chapter when the commissioner has determined that the residents are
subject to an imminent and substantial danger. (B) When an order is issued under this
subsection, the commissioner shall provide for: (i) Notice to the resident, his next of kin or
guardian, and, where appropriate, his physician, of the emergency
relocation and the reasons therefor; (ii) Relocation to the nearest appropriate
child-caring institution; and (iii) Other protection designed to ensure the
welfare and, when possible, the desires of the resident and his
next of kin or guardian. (2)(A) The commissioner or his designee may
order the emergency placement of a monitor or monitors in a
facility upon a finding that department rules and regulations are
being violated which threaten the health, safety, or welfare of
children in care and when one or more of the following conditions
are present: (i) The facility
is operating without a permit; (ii) The department has denied application for
permit or has initiated action to revoke the existing permit of the
facility; or (iii) Children
are suspected of being subjected to injury or life-threatening
situations or the health or safety of the child or children is in
danger. (B) A monitor may be
placed in a facility for no more than ten consecutive calendar
days, during which time the monitor shall observe conditions and
regulatory compliance with any recommended remedial action of the
department. Upon expiration of the ten-day period, should the
conditions warrant, the initial ten-day period may be extended for
an additional ten-day period. The monitor shall report to the
department. The monitor shall not assume any administrative
responsibility within the facility, nor shall the monitor be liable
for any actions of the facility. The salary and related costs and
travel and subsistence allowance as defined by department policy of
placing a monitor in a facility shall be reimbursed to the
department by the facility, unless the order placing the monitor is
determined to be invalid in a contested case or by final
adjudication by a court of competent jurisdiction, in which event
the cost shall be paid by the department. (3)(A) The commissioner may order the emergency
prohibition of admissions to a child-caring institution other than
a day-care facility subject to licensure under this chapter when
residents of an institution are in imminent and substantial danger
or the institution has failed to correct a violation of
departmental permit rules or regulations within a reasonable period
of time, as specified in the department´s corrective order,
and the violation: (i) Could
jeopardize the health and safety of the residents in the
institution if allowed to remain uncorrected; or
(ii) Is a repeat violation over a 12
month period. (B) Admission
to an institution may be suspended until the violation has been
corrected or until the department has determined that the
institution has undertaken the action necessary to effect
correction of the violation. (c) An emergency order shall contain the
following: (1) The scope of
the order; (2) The reasons
for the issuance of the order; (3) The effective date of the order if other
than the date the order is issued; (4) The person to whom questions regarding the
order are to be addressed; and (5) Notice of the right to a preliminary
hearing. (d) Unless otherwise
provided in the order, an emergency order shall become effective
upon its service. Service of an emergency order may be made upon
the owner of the facility, the director of the facility, or any
other agent, employee, or person in charge of the facility at the
time of the service of the order. (e) Prior to issuing an emergency order to order
the emergency relocation of residents, to prohibit admissions, or
to require placement of a monitor in a facility which has been
classified by the department as a child-caring institution or child
welfare agency, the commissioner or his designee may consult with
persons knowledgeable in the field of child care and a
representative of the facility to determine if there is a potential
for greater adverse effects on children in care as a result of the
emergency order.
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