Compilation of Rules and Regulations of the State of Georgia
Rule 97-1-.02 - Authority

Universal Citation: GA Rules and Regs r 97-1-.02

RULE 97-1-.02. Authority

(A) The general authority and powers of the Board are created and defined by law, Georgia law provides that the Board of the Department of Juvenile Justice is charged with the responsibility of:

(1) Providing leadership in developing programs to successfully rehabilitate delinquents and children committed to the state's custody;

(2) Providing technical assistance to private and public entities for prevention programs for children at risk;

(3) Ensuring that detention assessment, risk assessment, and risk and needs assessment instruments that are utilized by intake personnel and courts are developed in accordance with law;

(4) Adopting rules and regulations governing the management and treatment of children committed to the Department to ensure that evidence based programs or practices, including the use of a risk and needs assessment and any other method the Board deems appropriate, guide decisions related to placing a committed child in a facility or into the community, preparing a child's release into the community, and managing children probationers in the community;

(5) Requiring the Department to collect and analyze data and performance outcomes to prepare an annual report to be submitted in accordance with law; and

(6) Adopting rules and regulations governing the transfer of children who are at least 17 years of age and are released from restrictive custody due to an adjudication for a Class A designated felony act or Class B designated felony act, as such terms are defined by law, to the Department of Community Supervision to ensure balanced attention to the protection of the community, the imposition of accountability, and the development of competencies to enable each child to become a responsible and productive member of the community, taking into consideration a child's level of participation in the Department's educational, vocational, and other services prior to such release.

(B) The Commissioner of the Department of Juvenile Justice shall be both appointed and removed by the Board, subject to the approval of the Governor.

(C) The Board is authorized to promulgate, adopt, and establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions under the Jurisdiction and control of the Department.

(D) The Board shall perform duties required of it and be responsible for the promulgation of all rules and regulations not in conflict with the law that may be necessary and appropriate to the administration of the Department, to the accomplishment of its purposes, and to the performance of the duties and functions of the Department as required by law.

O.C.G.A. ยงยง49-4A-2, 49-4A-3, 49-4A-4, 49-4A-5, 49-4A-6.

(Original Rule entitled "Authority" adopted. F. Sept. 1, 1992; eff. Sept. 21, 1992. Amended: F. May 28, 1997; eff. Jul. 1, 1997, as specified by the Agency. Amended: F. Aug. 2, 2016; eff. Aug. 22, 2016.)
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