08 HB 984/AP
House
Bill 984 (AS PASSED HOUSE AND SENATE)
By:
Representatives Cox of the
102nd,
Carter of the
175th,
Jerguson of the
22nd,
Sheldon of the
105th,
and Coan of the
101st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia
Annotated, relating to children and youth services, so as to revise definitions
and add a new definition relating to children´s transition care centers; to
change certain provisions relating to licensing and inspection of child welfare
agencies; to amend Code Section 49-2-14.1 of the Official Code of Georgia
Annotated, relating to background check requirements for certain facilities, so
as to revise a definition; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating
to children and youth services, is amended by revising paragraph (4) of Code
Section 49-5-3, relating to definitions, as follows:
"(4)
Reserved.
'Children´s
transition care center' means a transition center which provides a temporary,
home-like environment for medically fragile children, technology dependent
children, and children with special health care needs, up to 21 years of age,
who are deemed clinically stable by a physician but dependent on life-sustaining
medications, treatments, and equipment and who require assistance with
activities of daily living to facilitate transitions from a hospital or other
facility to a home or other appropriate setting. Such centers are designated
sites that provide child placing services and nursing care, clinical support
services, and therapies for short-term stays of one to 14 days and for longer
stays of up to 90 days to facilitate transitions of children to homes or other
appropriate settings. Extended stays of up to 12 months may be approved by the
department by waiver."
SECTION
2.
Said
article is further amended by revising subsections (a) and (i) of Code Section
49-5-12, relating to licensing and inspection of child welfare agencies, and
adding a new subsection to read as follows:
"(a)
As used in this Code section, the term 'child welfare agency' means any
child-caring institution, child-placing agency,
children´s
transition care center, or maternity
home."
"(i)
Child-caring institutions and child-placing agencies, when licensed in
accordance with this Code section, may receive needy or dependent children from
their parents, guardians, custodians, or persons serving in loco parentis for
special, temporary, or continued care. Parents, guardians, custodians, or
persons serving in loco parentis to such children may sign releases or
agreements giving to such institutions or agencies custody and control over such
children during the period of care.
Children´s
transition care centers may receive medically fragile children from their
parents, guardians, custodians, or persons serving in loco parentis for special,
temporary, or continued care to facilitate transitions from a hospital or other
facility to a home or other appropriate setting.
(i.1)
A children´s transition care center shall serve no more than six children
per residence or 16 children per campus at a time. Children´s transition
care center services shall be available to all families in this state, including
those whose care is paid for through the Department of Community Health or the
Department of Human Resources or by insurance companies that cover home health
care services or private duty nursing care in the home. Each children´s
transition care center location shall be physically separate and apart from any
other facility licensed by the Department of Human Resources under this chapter
and shall provide one or more of the following services: respite care,
registered nursing or licensed practical nursing care, transitional care for the
facilitation of transitions to a home or other appropriate setting and reunion
of families, medical day care, weekend camps, and diagnostic studies typically
done in the home
setting."
SECTION
3.
Code
Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to
background check requirements for certain facilities, is amended by revising
paragraph (4) of subsection (a) as follows:
"(4)
'Facility' means a:
(A)
Personal care home required to be licensed or permitted under Code Section
31-7-12;
(B)
Private home care provider required to be licensed under Article 13 of Chapter 7
of Title 31;
(C)
Community living arrangement subject to licensure under paragraph (16) of
subsection (b) and subsection (c) of Code Section 37-1-20; or
(D)
Child welfare
agency,
including a child-caring institution, child-placing agency, and maternity
home required to be licensed under Code
Section 49-5-12."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.