Ga. Comp. R. & Regs. R. 290-9-2-.11 - Inspections by the Department and Access by Department Staff

(1) The Department is authorized and empowered to conduct investigations and on-site inspections of any Agency 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 Agency to assess compliance with these rules.

(b) Consent to Access. An application for a license or commission to operate an Agency 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 to enter the premises at any time after confirming his/her identity to any Agency employee, director, foster parent or prospective adoptive parent for the purpose of inspecting the Agency. This includes both scheduled and unscheduled inspections and includes access to a director, all employees, foster homes, including household members, all children present, and all records required by these rules. To the degree possible, inspections of records normally maintained in the Agency's business office, such as financial records, will be conducted during normal business hours. 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 Agency.

(c) Other Inspections. The Department may conduct scheduled and unscheduled on-site inspections of an Agency 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 Agency, alleging child abuse, neglect, sexual exploitation, or deprivation which occurred while the child was in the care of the Agency director or employees; or

3. Upon receiving information of alleged violations of these rules, including information provided by the Agency, 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 Agency's director or personnel.

(d) Failure to Allow Access. Failure to allow timely access of the Department's representative to the Agency, its staff, or the children receiving care at the Agency 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, director, employee, foster parent, prospective adoptive parent, or contractor of a licensee shall knowingly make any verbal or written false or misleading statements to the Department in connection with any authorized investigation or inspection being conducted by the Department or on documents submitted to the Department or maintained by the Agency.

Notes

Ga. Comp. R. & Regs. R. 290-9-2-.11

O.C.G.A. § 49-5-12.

Original Rule entitled "Inspections by the Department and Access by Department Staff" adopted. F. Mar. 16, 2000; eff. Apr. 5, 2000. Repealed: New Rule of same title adopted. F. June 5, 2007; eff. June 25, 2007. Repealed: New Rule of same title adopted. F. Jan. 24, 2008; eff. Feb. 13, 2008. Amended: F. Feb. 28, 2024; eff. Mar. 19, 2024.