Ga. Comp. R. & Regs. R. 290-2-7-.01 - Definitions

Current through Rules and Regulations filed through April 4, 2022

Unless a different meaning is required by the context, the following terms as used in these rules and regulations shall have the meaning hereafter respectively ascribed to them:

(a) "Administrator" or "Executive Director" means the person responsible for overall administration of the Outdoor Child Caring Program.
(b) "Applicant" means the following:
1. When the outdoor child caring program is owned by a sole proprietorship, the individual proprietor shall be the applicant for the license, complete the statement of responsibility and serve as the licensee;
2. When the outdoor child caring program is owned by a partnership, the general partners shall be the applicant for the license, complete the statement of responsibility and serve as the licensee;
3. When the outdoor child caring program is owned by an association, the governing body of the association shall authorize the application for the license and complete the statement of responsibility and the association shall serve as the licensee; and
4. When the outdoor child caring program is owned by a corporation, the governing body of the corporation shall authorize the application for the license and complete the statement of responsibility and the corporation shall serve as the licensee.
(c) "Behavior management" means those principles and techniques used by a facility to assist a resident in facilitating self-control, addressing inappropriate behavior, and achieving positive outcomes in a constructive and safe manner. Behavior management principles and techniques shall be used in accordance with the individual service plan, written policies and procedures governing service expectations, service plan goals, safety, security, and these rules and regulations.
(d) "Board" unless otherwise indicated, shall mean the Georgia Board of Human Resources.
(e) "Camper" means a child who has been admitted to the Outdoor Child Caring Program for care.
(f) "Chemical restraint" means drugs that are administered to manage a child's behavior in a way that reduces the safety risk to the resident or others; that have the temporary effect of restricting the child's freedom of movement; and that are not being used as part of a standard regimen, as specified in the child's treatment plan, to treat current symptoms of a medical or psychiatric condition.
(g) "Child" means a person through 18 years of age.
(h) "Child caring institution" means a child-welfare agency that is any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the Board of Human Resources. This full-time care is referred to as room, board and watchful oversight. For purposes of these rules, a child caring institution means any institution, society, agency, or facility that provides such care to six or more children.
(i) "Commissioner" means the Commissioner of the Georgia Department of Human Resources or his designee.
(j) "Criminal history background check" means a search as required by law of the criminal records maintained by law enforcement authorities to determine whether the applicant has a criminal record as defined in these rules.
(k) "Criminal record" means:
1. Conviction of a crime; or
2. Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; or
(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or
(iv) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to O.C.G.A. Sec. 17-3-1et seq.
(l) "Department" means the Department of Human Resources of the State of Georgia.
(m) "Emergency safety interventions" mean those behavioral intervention techniques that are authorized under an approved emergency safety intervention plan and are utilized by properly trained staff in an urgent situation to prevent a child from doing immediate harm to self or others.
(n) "Emergency safety intervention plan" means the plan developed by the therapeutic camp utilizing a nationally recognized, evidence-based, training program for emergency safety intervention, approved by the Department. The plan shall clearly identify the emergency safety interventions staff may utilize and those that may never be used.
(o) "Employee" means any person, other than a director, employed by an institution to perform any duties at any of the institution's facilities which involve personal contact between that person and any child being cared for at the institution and also includes any adult person who resides at the institution or who, with or without compensation, performs duties for the institution which involve personal contact between that person and any child cared for by the institution. For purposes of these rules, an employee does not mean a child that resides at the facility and performs duties for the institution.
(p) "Fingerprint records check determination" means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of Georgia Crime Information Center (GCIC) information with fingerprints and other information in a records check application.
(q) "Governing Board" means the persons in which the ultimate legal responsibility, authority and accountability for the operation of the Outdoor Child-Caring Camp is vested.
(r) "License" means a written authorization granted by the Department to an applicant for license to operate an Outdoor Child Caring Program as a classification of a Child-caring Institution.
(s) "Manual hold" means the application of physical force, without the use of any device, for the purpose of restricting the free movement of a child's body and is considered a form of restraint. A manual hold does not include briefly holding a child without undue force to calm or comfort the child, holding a child by the hand or by the shoulders or back to walk the child safely from one area to another where the child is not forcefully resisting the assistance, or assisting the child in voluntarily participating in activities of daily living.
(t) "Mechanical restraint" means a device attached or adjacent to the child's body that is not a prescribed and approved medical protection device and that he or she cannot easily remove that restricts freedom of movement or normal access to his or her body. A mechanical restraint does not include devices used to assist a child with appropriate positioning or posture secondary to physical impairments or disabilities.
(u) "Medicaid Rehabilitation Option Provider (MRO)" means that category of behavioral health services designed for the maximum reduction of impairments related to mental illness or addiction and restoration of a Medicaid recipient to his/her best possible functional level.
(v) "Outdoor Child-Caring Program" means a child-caring institution, hereinafter also referred to as facility or program or camp that provides room, board and watchful oversight along with a variety of outdoor activities taking place in a wilderness or camp environment that are designed to improve the emotional and behavioral adjustment of the children, through the age of eighteen (18) participating in the activities. The term does not include outdoor camps that operate for a time-limited period, not exceeding 14 weeks per year. These children may also be referred to in these rules as "residents" or "campers."
(w) "Owner" means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in the business or agency licensed as an outdoor child caring program and who:
1. Purports to or exercises authority of the owner in an outdoor child caring program;
2. Applies to operate or operates an outdoor child caring program;
3. Enters into a contract to acquire ownership of an outdoor child caring program.
(x) "Placement Agency" means any person other than the parent of a child who is legally responsible for placement planning for the child.
(y) "Plan of Correction" means a written plan submitted to the Department by the person or persons responsible for the Outdoor Child Caring Program. The Plan shall identify the existing areas of non-compliance of the Outdoor Child Caring Program, together with the proposed procedures, methods and period of time required to correct the areas of noncompliance.
(z) "Preliminary records check application" means an application for a preliminary records check determination on forms provided by the department.
(aa) "Preliminary records check determination" means a satisfactory or unsatisfactory determination by the department based only upon a comparison of Georgia Crime Information Center (GCIC) information with other than fingerprint information regarding the person upon whom the records check is being performed.
(bb) "Records check application" means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law; except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require.
(cc) "Room, Board and Watchful Oversight" means providing a safe, appropriate outdoor setting, adequately nutritious meals and oversight to ensure a child's basic safety needs are met.
(dd) "Satisfactory criminal history background check determination" means a written determination that a person for whom a records check was performed was found to have no criminal record.
(ee) "Seclusion" means the involuntary confinement of a child away from other children, due to imminent risk of harm to self or others, in a room or an area from which the child is physically prevented from leaving.
(ff) "Social Service Worker (SSW)" means the person(s) employed by the facility who is (are) responsible for providing oversight of services to children and their families in the camp setting. The Social Service Worker is responsible for monitoring the residents' needs and ensuring that appropriate services are being provided and arranged for in order to meet those needs. Duties include, but are not limited to: the coordination of the facility's admission evaluation; the development of the service and Room, Board, Watchful Oversight plans; case work services as provided in their service plan; and monitoring of their educational and/or vocational needs.
(gg) "Supervision" means the continued responsibility of the licensee to take reasonable action to provide for the health, safety, and well-being of a resident while under the supervision of the licensee or the agent or employee of the licensee, including protection from physical, emotional, social, moral, financial harm and personal exploitation while in care. The licensee is responsible for providing the degree of supervision indicated by a child's age, developmental level, physical, emotional, and social needs.
(hh) "Temporary License" means written authorization granted by the Department to an applicant for license to admit children to the Outdoor Child Caring Program on a conditional basis to allow a newly established Outdoor Child Caring Program a reasonable, but limited period of time to demonstrate that operational procedures are in satisfactory compliance with these rules and regulations, or to allow an established and currently operating Outdoor Child Caring Program a reasonable, but specified, length of time to comply with these rules and regulations, provided said Outdoor Child Caring Program shall first present a Plan of Correction which is acceptable to the Department.
(ii) "Time-out" means a behavior management technique that involves the brief separation of a child from the group, not to exceed twenty (20) minutes, designed to de-escalate the child. During "time-out" a child's freedom of movement is not physically restricted.
(jj) "Unsatisfactory criminal history background check determination" means a written determination that a person for whom a records check was performed has a criminal record.
(kk) "Variance" means written permission by the Department or Board to do some act contrary to the literal rule.
(ll) "Waiver" means the official written relinquishment of a rule in the course of issuance of a license.

Notes

Ga. Comp. R. & Regs. R. 290-2-7-.01
O.C.G.A. Secs. 49-5-3, 49-5-12.
Original Rule entitled "Social Services" adopted. F. Oct. 1, 1974; eff. Oct. 21, 1974. Repealed: F. Aug. 26, 1975; eff. Sept. 15, 1975. Amended: New Rule entitled "Definitions" adopted. F. Nov. 8, 1984; eff. Dec. 10, 1984, as specified by the Agency. Repealed: New Rule of same title adopted. F. Aug. 21, 2006; eff. Sept. 10, 2006. Repealed: New Rule of same title adopted. F. June 5, 2007; eff. June 25, 2007. Repealed: New Rule of same title adopted. F. Jan. 23, 2008; eff. Feb. 12, 2008.

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