Ga. Comp. R. & Regs. R. 591-1-1-.37 - Inspections and Investigations
The Department is authorized and empowered to conduct on-site inspections and investigations of Centers.
(a) Inspections and Investigations. The
Department may conduct inspections and investigations in the following
instances:
1. At regular intervals as the
Department may determine or at the expiration of the current License or
Permit;
2. Upon receiving a report
alleging child abuse, neglect or deprivation which occurred while the child was
in the care of the Center Director, Provisional Employees or
Employees;
3. Upon receiving a
complaint concerning the Center which could endanger the health, safety or
welfare of the children in care;
4.
Upon receipt and review of a request for an amended License where the
Department determines that an on-site inspection is advisable;
5. Upon the Department or its duly authorized
representative being made aware of any flagrant abuses, derelictions or
deficiencies during the course of the inspection or at any other time. The
Department shall immediately investigate such matters and may make an on-site
inspection so as to take such actions as conditions may require;
6. Subsequent to the receipt of a Plan of
Correction, as determined necessary by the Department to monitor whether the
Plan of Correction is being complied with by the Center Personnel.
(b) Consent to Entry. An
application for a License or Permit to operate a Center or issuance of a
License or Permit by the Department constitutes consent by the applicant, the
proposed holder of the License or Permit and the owner of the premises for the
Department's representative, after displaying identification to any Center
Staff, to enter the premises at any time during operating hours for the purpose
of inspecting the facility, including both scheduled and unscheduled
inspections and includes consent for meaningful access to all Staff, all parts
of the premises, all children present and all records, to include but not be
limited to, audio, video, photos, written documentation, social media posts,
and other electronic information. The Department shall have the right to a
photocopy or reproduction of any record maintained by or on behalf of the
Center as needed for any inspection or investigation.
(c) Failure to Allow Access. Failure to allow
access of the Department's representative to the Center, Center Staff, the
children receiving care at the Center or the records, maintained by or on
behalf of the Center, to include but not be limited to, audio, video, photos,
written documentation, social media posts, and other electronic information
shall constitute good cause for the denial, restriction, revocation or
suspension of a License, Permit or commission.
(d) Failure to Cooperate. The proposed and
current License Holder, Permit Holder or commission holder and Staff shall
cooperate with any inspection or investigation by responding truthfully to any
legitimate departmental inquiry. Failure to cooperate with a Department
inspection or investigation shall constitute good cause for the denial,
restriction, revocation or suspension of a License, Permit or commission.
(e) False or Misleading
Statements. No License Holder, Permit Holder or commission holder shall make or
condone any Staff making false or misleading statements to the Department in
connection with any authorized investigation or inspection being conducted by
the Department.
Notes
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