Ga. Comp. R. & Regs. R. 290-2-5-.20 - Emergency Orders

Current through Rules and Regulations filed through April 4, 2022

(1) In accordance with O.C.G.A. 49-5-90et seq., notwithstanding other remedies available to the department which may be pursued at the same time, the commissioner or his/her designee may issue emergency orders. Such orders may include the following:
(a) Emergency relocation of residents when it is determined that the residents are subject to an imminent and substantial danger.
(b) Emergency placement of a monitor or monitors in an institution upon a finding that the department's 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:
1. The institution is operating without a license; or
2. The department has denied the application for the license or has initiated action to revoke the existing license; or
3. Children are suspected of being subjected to injury or life-threatening situations or the health or safety of a child or children is in danger.
(c) Emergency prohibition of admissions to an institution when residents are in imminent and substantial danger and the institution has failed to correct a violation of rules and regulations within a reasonable time, as specified by the department. Such violation giving rise to the prohibition could jeopardize the health and safety of the residents if allowed to remain uncorrected or is a repeat violation over a twelve month period.
(2) An emergency order shall contain the following:
(a) The scope of the order;
(b) The reasons for the issuance of the order;
(c) The effective date of the order if other than the date the order is issued;
(d) The person to whom questions regarding the order are to be addressed; and
(e) Notice of the right to a preliminary hearing.
(3) Unless otherwise provided in the order, an emergency order shall become effective upon its service to the owner, the director, or any other agent, employee, or person in charge of the institution at the time of the service of the order.
(4) Prior to issuing an emergency order, the commissioner or his/her designee may consult with persons knowledgeable in the field of child care and a representative of the institution to determine if there is a potential for greater adverse effects on children in care as a result of the emergency order.

Notes

Ga. Comp. R. & Regs. R. 290-2-5-.20
O.C.G.A. ยงยง 49-5-8, 49-5-12.
Original Rule entitled "Enforcement and Penalties" adopted. F. June 30, 1994; eff. August 1, 1994, as specified by the Agency. Repealed: New Rule of same title adopted. F. Aug. 21, 2006; eff. Sept. 10, 2006. Repealed: New Rule entitled "Child Caring Institutions Serving Medically Fragile Children" adopted. F. Sept. 6, 2006; eff. Sept. 26, 2006. Repealed: New Rule entitled "Emergency Orders" adopted. F. June 5, 2007; eff. June 25, 2007. Amended: F. Dec. 7, 2020; eff. Jan. 1, 2021, as specified by the Agency.

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