2020 Georgia Code
Title 49 - Social Services
Chapter 2 - Department of Human Services
Article 1 - General Provisions
§ 49-2-6. Duties and Powers of Department

1. The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title.
2. The department shall:
   1. Administer or supervise:
      1. All categories of public assistance established under Code Section 49-4-3;
      2. The operation of state charitable institutions;
      3. Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and
      4. Such other welfare activities or services as may be vested in it;
   2. Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state;
   3. Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45;
   4. Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title;
   5. Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department;
   6. Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts;
   7. Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary;
   8. Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof;
   9. Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this title; and
   10. Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain self-care, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses.

(Ga. L. 1937, p. 355, § 6; Ga. L. 1949, p. 547, § 2; Ga. L. 1957, p. 368, § 3; Ga. L. 1960, p. 85, §§ 6, 7; Ga. L. 1963, p. 81, § 24; Ga. L. 1995, p. 1302, § 14; Ga. L. 2009, p. 453, § 2-1/HB 228.)

- Procedure for interrogation and taking of statements from hearing impaired persons arrested for violation of criminal laws, § 24-6-653.

- For note, "Welfare Due Process: The Maximum Grant Limitation on the Right to Survive," see 3 Ga. L. Rev. 459 (1969). For comment discussing Williams v. Dandridge, 297 F. Supp. 450 (D. Md. 1969), as to the validity under the fourteenth amendment of a state "maximum grant" welfare provision, see 4 Ga. L. Rev. 203 (1969).

Cited in Georgia Dep't of Human Resources v. Demory, 138 Ga. App. 888, 227 S.E.2d 788 (1976).

OPINIONS OF THE ATTORNEY GENERAL

Payment of travel expenses authorized.

- Inasmuch as the creation of an advisory council was within the scope of Ga. L. 1937, p. 355 (see O.C.G.A. §§ 49-2-1 and49-2-7), it follows that the payment of the out-of-pocket travel expenses to enable the council to function efficiently and thus assist in the accomplishment of the department's express statutory duties as set forth in Ga. L. 1937, p. 355 (see O.C.G.A. §§ 49-2-6 and49-5-7 through former49-5-11), must also be an implied power, such disbursement being incidental to and reasonably necessary to the accomplishment of the department's purpose, duties, and responsibilities. 1963-65 Op. Att'y Gen. p. 320.

- Department may accept public funds donated voluntarily by counties for the provision of day-care and other social services to welfare applicants and other authorized recipients. 1972 Op. Att'y Gen. No. 72-12.

- Department may contract with a private institution for the purpose of providing day care and other specialized services for mentally retarded children, assign responsibility for the supervision of this contract, and use funds allocated from the Governor's Emergency Fund for these purposes, provided that they do not create a continuing obligation for the state. 1970 Op. Att'y Gen. No. 70-96.

- Department of Human Resources is authorized to delegate to an appropriate agency the power to collect child support recovery unit payments from the responsible parent. 1982 Op. Att'y Gen. No. 82-99.

Department of Offender Rehabilitation may not enter into an arrangement with the Department of Human Resources in which employees of local probation offices, other than probation supervisors, may collect child support recovery unit money which arises from civil proceedings brought by the Department of Human Resources on behalf of errant fathers. 1982 Op. Att'y Gen. No. 82-99.

- Department of Human Resources may lawfully accept and distribute Heating Energy Assistance Team (HEAT) program funds. In doing so, paragraph (b)(9) (now paragraph (b)(8)) of O.C.G.A. § 49-2-6 is sufficient authority for the department to enter into an acceptance agreement or similar document assuring the donors of the intention to use the funds in the manner contemplated by the HEAT program. 1983 Op. Att'y Gen. No. 83-8.

Department of Human Resources may utilize the local departments of family and children services to distribute Heating Energy Assistance Team (HEAT) funds to needy persons as contemplated by the HEAT program. 1983 Op. Att'y Gen. No. 83-8.

- Department is authorized to accept federal grants and to administer the grants for the purpose of making funds available to the department for matching federal funds for the purpose of making a direct grant from the department to the school for making direct grants to students wishing to prepare for employment in public assistance. 1971 Op. Att'y Gen. No. 71-147.

- Department is authorized by law to contract or cooperate with the Board of Regents by accepting funds to be used for the purpose of making funds available to the department for matching federal funds for making a direct grant from the department to the school for making direct grants to students wishing to prepare for employment in public assistance. 1971 Op. Att'y Gen. No. 71-147.

- Rules and regulations promulgated by the Department of Human Resources in connection with the department's operation and administration of public assistance programs are expressly excluded from the general filing requirement of the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, § 1 et seq. (see O.C.G.A. §§ 50-13-1 through50-13-22). 1965-66 Op. Att'y Gen. No. 65-8.

RESEARCH REFERENCES

Am. Jur. 2d.

- 60 Am. Jur. 2d, Penal and Correctional Institutions, § 10. 70A Am. Jur. 2d, Social Security and Medicare, § 19. 79 Am. Jur. 2d, Welfare Laws, § 77.

- 64 C.J.S., Municipal Corporations, § 1271. 72 C.J.S., Prisons and Rights of Prisoners, § 17 et seq.

- Judicial questions regarding Federal Social Security Act and state legislation adopted in anticipation of or after the passage of that act, to set up "state plan" contemplated by it, 100 A.L.R. 697; 106 A.L.R. 243; 108 A.L.R. 613; 109 A.L.R. 1346; 118 A.L.R. 1220; 121 A.L.R. 1002.