Rule 290-2-29-.07 - Board of Directors(1) Each maternity home shall have a clearly identified Board of Directors, which operates as the governing body of the home and is responsible for, and has authority over, the home's policies and activities and ensuring compliance with these rules and regulations. If a home is individually owned, the owner and/or operator is responsible for the establishment and enforcement of policies and the operation of the home.(2) The chairperson or chief executive officer of the governing body shall complete a statement of responsibility on behalf of the governing body acknowledging the same in connection with any application for a license on a form provided by the Department. If a home is individually owned, then the owner(s) will complete the statement of responsibility.(3)Composition of the Board.(a) The Board shall be composed of at least five (5) members.(b) At least one (1) of the Board members shall be a bona fide resident of Georgia.(c) Provision shall be made for systematic rotation of board members through a plan of overlapping terms of office.(d) Provision shall be made for removal of inactive Board members.(e) Employees of the home shall not serve as members of the Board.(4)Functions and Responsibilities of the Board of Directors. The Board shall: (a) Employ and dismiss an Executive Director;(b) Delegate to the Executive Director the authority and responsibility for the employment of other staff members and the management of the affairs of the home according to the home's established policies;(c) Refrain from direct administration or operation of the home either through individual members or committees, except in emergencies;(d) Approve written policies for accepting youth for placement;(e) Be responsible for the home's compliance with all applicable state laws and regulations;(f) Be responsible for adequate financing and budgeting for the home;(g) Meet at least quarterly;(h) Keep complete minutes of each meeting reflecting official actions of the Board pertaining to and affecting any aspect of the program. Minutes of each meeting shall be kept permanently on file and be available for review upon request by the Department;(i) Notify the Department's Office of Residential Child Care in writing within five (5) days when there is a change in the Executive Director or in the corporate structure, organization, or administration of the home;(j) Inform the Department within 24 hours by phone and in writing within 10 days of notice to the home of any legal or administrative action brought against the home or any person affiliated with the home which affects any child in care or personnel or relates in any manner to the conduct of the home;(k) Keep the Department informed on a quarterly basis, or more often if requested by the Department, concerning the status of current or previous judicial or administrative action against the home; and(l) Be responsible for the disposition or storage of records of the home according to these rules, should the home cease operations.(5) If the governing body is a national or regional organization and has a local advisory board or committee, minutes of the local group setting forth changes in policies and administrative decisions affecting the local operation shall be made available to the licensing authority.(6) Board members shall have no direct or indirect financial interest in the assets, leases, business transactions, or in current professional services of the home. Any potential conflict of interest shall be declared by a Board member and the minutes shall record the declaration and abstention from the vote when a conflict exists.(7) The home shall provide the Department with a list that includes the name, address and office held, if applicable, of all Board members and shall have on file a notarized copy of each member's letter of acceptance.Ga. Comp. R. & Regs. R. 290-2-29-.07
O.C.G.A. Secs. 49-5-3, 49-5-8.
Original Rule entitled "Board of Directors" adopted. F. Dec. 15, 2011; eff. Jan. 4, 2012.