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-.28 - Enforcement and Penalties

Universal Citation: GA Rules and Regs r 290-2-29-.28

Current through Rules and Regulations filed through September 23, 2024

(1) All adverse actions to enforce the Rules and Regulations for Maternity Homes shall be initiated in accordance with the Rules and Regulations for Enforcement of Licensing Requirements, Chapter 290-1-6, and O.C.G.A. §§ 49-5-12, 49-5-12.1, 49-2-17 and § 49-5-60et seq. and the requirements set forth herein.

(2) Failure to Apply for License. No maternity home shall be operated or residents admitted without a license. Failure or refusal to file an application for a license shall constitute a violation of Chapter 5 of Title 49 of the Official Code of Georgia Annotated. Any person who fails or refuses to file an application for a license shall be subject to the penalties provided by law including, but not limited to, an order to cease and desist operating a home.

(3) Imposition of Sanctions. The Department may refuse to grant a license for the operation of any maternity home which does not fulfill the minimum requirements of these rules, may revoke a license which has been issued and may invoke other sanctions if a home violates any of these rules and regulations. Before any order is entered refusing a license applied for, revoking a license, or imposing a civil penalty; the applicant or license holder shall be afforded an opportunity for a hearing as provided in Article 1 of Chapter 2 of Title 49 and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated.

(4) No license shall be issued to any governing body which has been denied a license by the Department during the previous twelve (12) months. No license shall be issued to any governing body which has had a license revoked by the Department during the previous twelve (12) months.

(5) The Department is empowered to institute appropriate proceedings in a court of competent jurisdiction for the purpose of enjoining violation of any applicable provision of Title 49 of the Official Code of Georgia Annotated, or of these rules and regulations.

(6) Inspection Warrants. The commissioner or the commissioner's designee may obtain an inspection warrant authorizing the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is pursuant to the enforcement of rules and regulations duly promulgated pursuant to residential child care licensing law.

(7) Plans of Correction. If the Department determines that either a maternity home or a facility applying to become licensed as a maternity home does not comply with the rules, the Department shall provide written notice specifying the rule(s) violated and setting a time for the home not to exceed 10 business days within which to file an acceptable written plan of correction where the Department has determined that an opportunity to correct is permissible. If such plan of correction is determined not acceptable to the Department because it does not adequately correct the identified violation, the Department will advise the home or facility applying to become licensed that the plan of correction is not acceptable. The Department may allow the home to submit a revised plan of correction.

(a) The home shall comply with an accepted plan of correction.

(b) Where the Department determines that either the maternity home or the facility applying to become licensed as a maternity home has not filed an acceptable plan of correction or has not complied with the accepted plan of correction, the Department may initiate an adverse action to enforce these rules.

(8) Required Notifications for Revocations and Suspensions.The maternity home shall notify each resident's parents and/or legal guardians of the Department's actions to revoke the license or seek an emergency suspension of the home's license to operate.

(a) The official notice of the revocation or emergency suspension action and any final resolution, together with the Department's complaint intake phone number and website address, shall be provided by the home to each current and prospective resident's parents and/or legal guardians.

(b) The home shall ensure the posting of the official notice at the home in an area that is visible to each resident's parents and/or legal guardians.

(c) The home shall ensure that the official notice continues to be visible to each resident's parents and/or legal guardians throughout the pendency of the revocation and emergency suspension actions, including any appeals.

(d) The home shall have posted in an area that is readily visible to each resident's parents and/or legal guardians any inspection reports that are prepared by the Department during the pendency of any revocation or emergency suspension action.

(e) It shall be a violation of these rules for the home to permit the removal or obliteration of any posted notices of revocation, emergency suspension action, resolution, or inspection survey during the pendency of any revocation or emergency suspension action.

(f) The Department may post an official notice of the revocation or emergency suspension action on its website or share the notice of the revocation or emergency suspension action and any information pertaining thereto with any other agencies that may have an interest in the welfare of the residents in care at the home.

(g) The Department may suspend any requirements of these rules and the enforcement of any rules where the Governor of the State of Georgia has declared a public health emergency.

O.C.G.A. Secs. 49-5-3, 49-5-8, 49-5-12, 49-5-12.1, 49-2-17, 49-5-73.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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