Compilation of Rules and Regulations of the State of Georgia
Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES
Chapter 290-2 - FAMILY AND CHILDREN SERVICES
Subject 290-2-29 - RULES AND REGULATIONS FOR MATERNITY HOMES
Rule 290-2-29-.27 - Emergency Orders

Universal Citation: GA Rules and Regs r 290-2-29-.27

Current through Rules and Regulations filed through September 23, 2024

(1) In accordance with O.C.G.A. 49-5-90et seq., notwithstanding other remedies available to the Department which may be pursued at the same time, the commissioner or his designee may issue emergency orders. Such orders may include the following:

(a) Emergency relocation of residents when it is determined that the residents are subject to an imminent and substantial danger.

(b) Emergency placement of a monitor or monitors in a home upon a finding that the Department's rules and regulations are being violated which threaten the health, safety, or welfare of residents in care and when one (1) or more of the following conditions are present:
1. The home is operating without a license; or

2. The Department has denied the application for the license or has initiated action to revoke the existing license; or

3. Residents are suspected of being subjected to injury or life-threatening situations or the health or safety of a resident or residents is in danger.

(c) Emergency prohibition of admissions to a home when residents are in imminent and substantial danger and the home has failed to correct a violation of rules and regulations within a reasonable time, as specified by the Department. Such violation giving rise to the prohibition could jeopardize the health and safety of the residents if allowed to remain uncorrected or is a repeat violation over a twelve (12) month period.

(d) An emergency order shall contain the following:
1. The scope of the order;

2. The reasons for the issuance of the order;

3. The effective date of the order if other than the date the order is issued;

4. The person to whom questions regarding the order are to be addressed; and

5. Notice of the right to a preliminary hearing.

(e) Unless otherwise provided in the order, an emergency order shall become effective upon its service to the owner, the director, or any other agent, employee, or person in charge of the home at the time of the service of the order.

(f) Prior to issuing an emergency order, the commissioner or his designee may consult with persons knowledgeable in the relevant field and a representative of the home to determine if there is a potential for greater adverse effects on residents in care as a result of the emergency order.

O.C.G.A. Secs. 49-5-3, 49-5-8, 49-5-90et seq.

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