Rule 290-1-10-.08 - Child Abuse and Neglect(a) The execution of a power of attorney under O.C.G.A. Secs. 19-9-120et seq., shall not, in the absence of other evidence, constitute abandonment, abuse, neglect, or any indication of unfitness as a parent.(b) Whenever a child-placing agency, nonprofit entity or faith-based organization has reason to believe that a child in care has been subjected to child abuse, it shall cause a report of such abuse to be made to the child welfare agency of the county of occurrence providing protective services as designated by the Department of Human Services (Division of Family and Children Services) or in the absence of such an agency to an appropriate police authority or district attorney in accordance with the requirements of O.C.G.A. Sec. 19-7-5.(c) Nothing in the provisions of O.C.G.A. Secs. 19-9-120et seq., nor these rules shall prevent the Division of Family and Children Services of the Department or law enforcement from investigating and taking appropriate action regarding allegations of abuse, neglect, abandonment, desertion, or other mistreatment of a child.(d) An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the Department and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the child, his or her parent, or another child of the parent.(e) Nothing in the provisions of O.C.G.A. Secs. 19-9-120et seq., nor these rules shall be construed to diminish or limit any rights, power, or authority of or by the Department's Division of Family and Children Services for the protection of any child.Ga. Comp. R. & Regs. R. 290-1-10-.08
O.C.G.A. §§ 19-9-126, 19-9-128.
Original Rule entitled "Child Abuse and Neglect" adopted. F. Nov. 15, 2018; eff. Dec. 5, 2018.