hb984_LC_33_2290_a_2.html
08 LC 33 2290
House Bill 984
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


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 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 paragraphs (1), (2), and (4) of Code Section 49-5-3, relating to definitions, as follows:
"(1) 'Child-caring institution' means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board. This term includes children´s transition care centers.
(2) 'Child-placing agency' means any institution, society, agency, or facility, whether incorporated or not, which places children in foster homes for temporary care or for adoption. This term includes children´s transition care centers."
"(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 nursing care, clinical support services, and therapies for a period of one to 14 days for short-term stays and up to 12 months to facilitate transitions to a home or other appropriate setting."

SECTION 2.
Said article is further amended by revising subsection (i) of Code Section 49-5-12, relating to licensing and inspection of child welfare agencies, and adding a new subsection as follows:
"(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. Child-caring institutions and child-placing agencies which are 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 20 children 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 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.
All laws and parts of laws in conflict with this Act are repealed.