In accordance with O.C.G.A.
, 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
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
1. The institution is operating
without a license; or
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
order shall contain the following:
scope of the order;
(b) The reasons
for the issuance of the order;
The effective date of the order if other than the date the order is
(d) The person to whom
questions regarding the order are to be addressed; and
(e) Notice of the right to a preliminary
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.
Ga. Comp. R. & Regs.
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Repealed: New Rule of same title adopted.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.
Repealed: New Rule entitled "Child Caring Institutions
Serving Medically Fragile Children" adopted. F. Sept.
6, 2006; eff. Sept. 26,
Repealed: New Rule entitled "Emergency Orders"
adopted. F. June 5, 2007; eff.
Amended: F. Dec. 7,
2020; eff. Jan. 1,
2021, as specified by the