Update: HLA has completed their application process and will be approved to operate as a Child Caring Institution effective 6/25/07. HLA will be given a 6 month temporary license and will be subject to all the Rules and Regulations of the Child Caring Institution designation.
(a) Licenses. The department may issue a temporary license, a restricted license, or a license in accordance with these rules.*
1. Temporary License. The department may in its discretion issue a temporary license if the health and safety of the children to be served by the institution will not be endangered.
A temporary license will be valid for a specified period not to exceed one (1) year and may be issued in the following instances:*
(i) when it is found that an institution complies with these rules but has not yet enrolled children; or*
(ii) when the institution is not in full compliance with these rules but has demonstrated satisfactory evidence that it is making progress toward meeting these rules and has submitted an acceptable plan of correction.*
This means ORS and CPS can conduct random investigations and all complaints filed with ORS/CPS will be investigated and HLA has to cooperate.
http://rules.sos.state.ga.us/docs/290/2/5/07.pdf290-2-5-.07 Inspections and Investigations.
The department is authorized and empowered to conduct investigations and on-site inspections of any institution required by these rules to be licensed. The proposed and current licensee and staff shall cooperate with any inspection or investigation by responding truthfully to any legitimate departmental inquiry.*
(a) Initial Inspection. Following receipt and review of a complete application package, the department may conduct an on-site inspection of the institution to assess compliance with these rules.
(b) Consent to Entry. An application for a license or commission to operate an institution or the issuance of a license by the department constitutes consent by the applicant, the proposed holder of the license and the owner of the premises for the department's representative, after displaying picture identification to any institution staff, to enter the
premises at any time during operating hours for the purpose of inspecting the facility. This includes both scheduled and unscheduled inspections and includes consent for meaningful access to all staff, parts of the premises, all children present, and all records required by these rules. To the degree possible, inspections of records normally maintained in the institution's business office, such as financial records, will be
conducted during normal business hours, e.g. 9:00 a.m. to 5:00 p.m. on Mondays through Fridays. The department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any institution.*
(c) Other Inspections. The department may conduct scheduled and unscheduled on-site inspections of an institution in the following instances:*
1. Annually or at other regular intervals as the department may determine or at the expiration of the current license; or*
2. Upon receiving a report, including a report submitted by the institution, alleging child abuse, neglect, sexual exploitation, or deprivation which occurred while the child was in the care of the institution director or employees; or*
3. Upon receiving information of alleged violations of these rules, including information provided by the institution, which, if true, could endanger the health, safety or welfare of the children in care; or*
4. Upon receipt and review of a request for an amended license, where the department determines that an on-site inspection is advisable; or*
5. Upon the department or its duly authorized representative being made aware of any flagrant abuses, derelictions or deficiencies during the course of the department's 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; or*
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 institution's personnel.*
(d) Failure to Allow Access. Failure to allow access of the department's representative to the institution, its staff, or the children receiving care at the institution or the books, records, papers, or other information related to initial or continued licensing, or failure to cooperate with a departmental inspection or investigation shall constitute good cause for
the denial, restriction, revocation or suspension of a license, or other penalty as provided by law.*
(e) False or Misleading Statements. No licensee shall make or condone any employee making false or misleading statements to the department in connection with any authorized investigation or inspection being conducted by the department.*
Authority O.C.G.A. Secs. 31-2-6, 49-5-8, 49-5-12. History. Original Rule entitled “Staff” adopted. F. Oct. 1, 1974; eff. Oct. 21, 1974. Repealed: New Rule entitled “Additional Requirements for Institutions Providing Group Care for the Exceptional Children” adopted. F. Aug. 26, 1975; eff. Sept. 15, 1975.
Repealed: New Rule entitled “Inspections and Investigations” adopted. F. June 30, 1994; eff. Aug. 1,
1994, as specified by the Agency.
And here are the new rules:
http://rules.sos.state.ga.us/docs/290/2/5/12.pdf290-2-5-.12 Child Care Services.
(1) Casework Services. All children in care and families of children in care shall receive case work services as provided in their service plan from their assigned Human Services Professional or other appropriate professionals who shall meet with and counsel with the children. The results of such counseling shall be recorded in the children's case records.
The purpose of such services are to identify and monitor the children's and families' progress relative to the needs, goals and objectives identified in child care assessments and service plans and to discuss any problems being encountered by or with the children in care.
(2) Educational and Vocational Services.
An institution shall not admit a child unless an educational program commensurate with the specific educational and vocational needs of the child can be provided.*
(a) Provisions shall be made for mandatory education of all children in care in accordance with O.C.G.A. 20-2-690 et seq. or its successor statute. For purposes of these rules, an on-campus school is defined as a private school, and must be in compliance with the above law.*
(b) A child's assigned Human Services Professional shall monitor the child's educational or vocational progress in the course of providing case work services and planning. Progress reports, such as report cards, and other records or documentation of a child's educational or vocational performance while residing in the institution shall be maintained in the child's case record.*
(c) Children attending public schools who wish to participate in extracurricular activities shall be provided such reasonable opportunities by the institution in accordance with the child's service plan.*
(d) Children's daily activities as stated in their service plans shall provide for study time during the periods the children are attending school.*
(3) Health Services. The facility shall provide for a comprehensive program of preventive, routine, and emergency medical and dental care for all children.*
(a) Within thirty days of admission, an assessment of the children's medical and dental health shall be completed by the designated intake Human Services Professional.
1. A general physical examination of the child shall be provided within 72 hours (excluding weekends and holidays) of admission unless such an examination has been completed within one year prior to admission. Such examination shall be done by a medical doctor, physician's assistant, or public health department and shall include basic diagnostic laboratory work, including but not limited to a Complete Blood Count (CBC)
and basic Urinanalysis; required immunizations; and vision and hearing tests.
(i) Required Immunization. All children shall have current immunizations as outlined in Rules and Regulations of the Department of Human Resources for Immunization of Children as a Prerequisite to Admission to School or Other Facilities, Chapter 290-5-4.*
2. A general dental examination of the child shall be provided for unless such an examination has been completed within six months prior to admission. Such examinations shall be done by either a dentist or a dental hygienist that is employed by the department and County Boards of Health to screen school pupils.
(b) An institution shall ensure that children receive timely, qualified medical and dental care when they are ill and that they continue to receive necessary follow-up medical care. Arrangements shall be made with at least one physician and one dentist or a health care agency that provides physician and dental services for the medical care of the children. Children shall receive annual medical check-ups and semiannual dental check-ups.*
(c) An institution shall ensure that children receive timely, qualified medical care in cases of medical emergencies (life-threatening, limb-threatening, or function-threatening conditions). Policies shall be in place for the emergency medical care of children with a local hospital or other health care facility that provides emergency services or with a local
physician.*
(d) Medications. The institutions shall develop and implement policies and procedures for the use and management of all types of medications. All direct care staff shall receive orientation on the policies and procedures. Such policies and procedures shall include the following:*
1. Non-prescription medications. No child shall be given a non-prescription medication by staff members of the institution unless the child exhibits symptoms that the medication is designed to relieve.*
2. Prescription medications. No child shall be given a prescription medication unless the medication is prescribed for the child by an authorized health care professional.*
(i) Prescription medications shall only be given to a child as ordered in the child's prescription. An institution shall not permit such medications prescribed for one child to be given to any other child.*
(ii) A child's attending physician shall be notified in cases of dosage errors, drug reactions, or if the prescription medication does not appear to be effective.*
3. Psychotropic medications. No child shall be given psychotropic medications unless use is in accordance with the goals and objectives of the child's service plan.*
(i) Psychotropic medications must be prescribed by a physician who has responsibility for the diagnosis and treatment of the child's conditions that necessitate such medication. Continued use of psychotropic medications shall be reviewed by the prescribing physician every sixty days.*
(ii) Psychotropic medication shall only be given to a child as ordered in the child's prescription. An institution shall not permit such medications prescribed for one child to be given to another child.*
(iii) The prescribing physician shall be notified in cases of dosage errors, drug reactions, or if the psychotropic medication does not appear to be effective.*
4. An institution shall designate and authorize classes of staff, such as Child Care Workers, to handout medications and supervise the taking of medications. Only designated and authorized staff shall handout and supervise the taking of medication.*
5. An institution shall maintain a record of all medications handed-out by authorized staff and taken by children to include: name of child taking medication, name of prescribing physician and date of prescription (if the medication is prescription or psychotropic), required dosage, date and time taken, dosage taken, and name and signature of staff member that handed-out and supervised the taking of the medication.*
6. All prescription and non-prescription medications shall be kept in a locked storage cabinet or container which is not accessible to the children and stored separate from cleaning chemicals and supplies or poisons. The keys to the locked cabinets or containers shall not be accessible to residents.*
7. All expired medications shall be discarded and not handed-out for use.*
(e) First Aid Supplies. Each living unit shall have a first aid kit and instruction manual; such kit shall contain scissors, tweezers, gauze pads, adhesive tape, thermometer, assorted band-aids, antiseptic cleaning solution, and bandages.*
(4) Recreation and Leisure. The institution shall provide for a program of indoor and outdoor recreational and leisure activities. When providing these activities, it shall utilize the community's cultural, social, and recreational resources whenever possible and appropriate. Children's activities as stated in their service plans shall provide for leisure
and recreational time. An institution shall procure and maintain a variety of recreational and leisure equipment and supplies such as games, sporting equipment, reading materials, and art supplies.*
(5) Other Services.*
(a) The institution shall ensure that all children have adequate, properly fitting, seasonable clothing as required for health, comfort and physical well-being. Clothes shall be appropriate to age, gender, and individual needs.*
(b) Daily routines of children shall provide for appropriate personal care, hygiene, and grooming commensurate with age, gender, and cultural heritage.
All necessary toiletry items and supplies, such as soap, shampoo, hair brushes, tooth brushes and paste, deodorant, and bath towels, shall be provided.*
(c)
Children shall not be held solely responsible for the accomplishments of any work activity of the institution such as food preparation, laundering, housekeeping, or facility maintenance. Children shall not be considered substitutes for employed staff.*(d) Children shall not be used for the purposes of soliciting funds for the institution, nor shall children be used in connection with any advertisement or publicity without the consent of the child and the parent(s) or guardian(s).*
(e) Children shall be permitted to participate in religious and cultural activities in accordance with their cultural and ethnic heritage.*
Authority O.C.G.A. Secs. 20-2-690.1, 49-5-8, 49-5-12. History. Original Rule entitled "Child Care Services" adopted. F. Jun. 30, 1994; eff. Aug. 1, 1994, as specified by the Agency.
