Rule 290-9-2-.03 - Agency Organization and Administration(1) Program purpose. In accordance with these rules and regulations, a licensed Child-Placing Agency shall develop, implement and comply with written policies and procedures that specify its philosophy, purpose, and program orientation. Such policies and procedures shall identify the characteristics of children to be served in terms of age, race, religion, residence limitations and include the referral sources.(2) Program Description and Implementation. A program description which includes the purpose or function of the proposed Agency shall be clearly defined. The program description shall include:(a) Written policies and procedures that describe the scope of services to be provided, including room, board and watchful oversight, and the manner in which such services will be provided and supervised through the Agency.(b) A program description must show what services are provided directly by the Agency and how services will be coordinated with the Medicaid Rehabilitation Option Provider and other available community or contract resources.(c) Eligibility requirements for client service and for providers of care.(d) A statement that the Agency shall only place children whose known needs can be met by the Agency based on preplacement assessment, planning and room, board and watchful oversight capacity. No Agency shall provide placement services for children whose needs for room, board and watchful oversight cannot be met based upon the child's physical, educational or emotional needs.(3) A Child-Placing Agency is any institution, society, agency, or facility, whether incorporated or not, which places children in foster care homes for temporary care or for adoption. Child-Placing Agencies shall comply with state law and the regulations established by the state of Georgia.(4) Governing Entity. Each Child-Placing Agency shall have a governing entity as required by state law that is responsible for and has authority over the Agency.(5) Functions and Responsibilities of the Governing Entity. The Governing Entity shall: (a) Employ and dismiss a Director;(b) Delegate to the Director the authority and responsibility for the employment of other staff members and the management of the affairs of the Agency according to the Agency's established policies;(c) Refrain from direct administration or operation of the Agency either through individual members or committees, except in emergencies;(d) Approve written policies for accepting children for placement;(e) Be responsible for the Agency's compliance with all applicable state laws and regulations;(f) Be responsible for adequate financing and budgeting for the Agency;(g) Notify the Department's Residential Child Care Licensing Unit in writing within 5 calendar days when there is a change in the Director or in the corporate structure, organization, or administration of the Agency;(h) Inform the Department's Residential Child Care Licensing Unit within 24 hours by phone and in writing within 10 days of notice to the Agency of any legal or administrative action brought against the Agency or any person affiliated with the Agency which affects any child in care, director, or employee or relates in any manner to the conduct of the Agency;(i) Keep the Department's Residential Child Care Licensing Unit informed on a quarterly basis, or more often if requested by Residential Child Care Licensing, concerning the status of current or previous judicial or administrative action against the Agency;(j) Be responsible for the disposition or storage of records of the Agency according to these rules, should the Agency cease operations; and(k) Ensure that members of the Governing Body refrain from being approved as an adoptive or foster family with the Agency while serving as a member of the Governing Entity.(6) If an Agency is governed by a Board of Directors, the Agency shall: (a) Ensure any potential conflict of interest shall be declared by a Board member and the minutes shall record declaration and abstention from the vote when a conflict exists.(b) Provide the Department's Residential Child Care Licensing Unit with a list (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.(c) Ensure the Board of Directors: (i) Be composed of at least three (3) members with at least one of the Board members being a bona fide resident of Georgia; and(ii) Does not serve as a director, employee or paid consultant of the Agency and their spouses shall not serve as members of the Board.(d) Ensure the Board meets at least quarterly;(e) Keep complete minutes of each Board meeting reflecting official actions of the Board pertaining to and affecting any aspect of the child-placing program. Minutes of each meeting shall be kept permanently on file; and(f) Have written by-laws.(7) Financing. The Agency shall: (a) Have a sound plan of financing which ensures sufficient funds to support adequately the services offered, to provide for children accepted for care including care up to the time permanent plans for child care are completed, and to carry out the stated purposes of the Agency. A full and complete accounting of the financial affairs of the Agency shall be provided to the Governing Body on an annual basis;(b) Provide evidence that it will have sufficient funds available to pay operating costs including compensation for a sufficient number of administrative and service staff through the current year of operation for which the license is to be issued;(c) Maintain financial records of all receipts, disbursements, assets and liabilities and shall establish an accounting system capable of tracking all movements of funds and the actual expenditures for each case;(d) Provide bond for Board members and staff responsible for handling substantial amounts of funds;(e) Not require gratuities such as money or other things of value or services from applicants or their representatives beyond the established fee;(f) Comply with all local and state and federal laws relating to the solicitation of funds;(g) Establish a fee for placement services based on the cost of recruitment, placement, postplacement, legal, medical and other services rendered to the biological parent, adoptive family, foster parents, and child as documented and justified in the total Agency budget. The determination of such fee schedule shall be reviewed by the Governing Body at least annually and the Governing Body's determination shall be adequately documented in writing;(h) Collect fees only as services are provided;(i) Establish a written policy which defines the conditions under which fees related to adoption services are refundable or non-refundable, including a definite time frame when applicants can expect a refund if requested services or placement of a child is not completed. Each applicant shall be provided with a copy of this policy. 1. This policy shall be disclosed to the applicant in clear and easily understood language.2. The applicant shall sign that the policy has been discussed and a copy of the policy was received. This signed acknowledgment shall be kept in the applicant's file.(j) Establish a written policy which defines the conditions under which it enters into purchase of service agreements, including all terms and conditions required to define the individuals to be served, services to be provided, procedures for payment and the payment plan;(8) The Agency shall comply with other applicable requirements of state and federal laws affecting children and/or the operation of such agencies.(9) The Agency shall be easily accessible and responsive to the applicant, staff and community and shall provide privacy for interviews and for pre-placement visits. The Agency shall have at least one staff member available at all times to handle client emergencies.(10) Agencies ceasing operation for any reason shall notify the Department's Residential Child Care Licensing Unit in writing prior to closing and shall provide the following: (a) Legal transfer of surrender and release of any child in its custody to another licensed Child-Placing Agency or to the Department;(b) Appropriate transfer of responsibility for children in temporary placement to another licensed Child-Placing Agency or to the Department;(c) Appropriate transfer or termination of services to all other applicants;(d) Arrangements satisfactory to the Department concerning the storage of all relevant records.Ga. Comp. R. & Regs. R. 290-9-2-.03
O.C.G.A. § 49-5-12.
Original Rule entitled "Agency Organization and Administration" adopted. F. Mar. 16, 2000; eff. Apr. 5, 2000.Repealed: New Rule of same title adopted. F. June 5, 2007; eff. June 25, 2007.Amended: F. Feb. 28, 2024; eff. Mar. 19, 2024.