Rule 591-1-1-.37 - Inspections and InvestigationsThe Department is authorized and empowered to conduct on-site inspections and investigations of Centers.
(a) Inspections and Investigations. The Department may conduct inspections and investigations in the following instances: 1. At regular intervals as the Department may determine or at the expiration of the current License or Permit;2. Upon receiving a report alleging child abuse, neglect or deprivation which occurred while the child was in the care of the Center Director, Provisional Employees or Employees;3. Upon receiving a complaint concerning the Center which could endanger the health, safety or welfare of the children in care;4. Upon receipt and review of a request for an amended License where the Department determines that an on-site inspection is advisable;5. Upon the Department or its duly authorized representative being made aware of any flagrant abuses, derelictions or deficiencies during the course of the 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;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 Center Personnel.(b) Consent to Entry. An application for a License or Permit to operate a Center or issuance of a License or Permit by the Department constitutes consent by the applicant, the proposed holder of the License or Permit and the owner of the premises for the Department's representative, after displaying identification to any Center Staff, to enter the premises at any time during operating hours for the purpose of inspecting the facility, including both scheduled and unscheduled inspections and includes consent for meaningful access to all Staff, all parts of the premises, all children present and all records, to include but not be limited to, audio, video, photos, written documentation, social media posts, and other electronic information. The Department shall have the right to a photocopy or reproduction of any record maintained by or on behalf of the Center as needed for any inspection or investigation.(c) Failure to Allow Access. Failure to allow access of the Department's representative to the Center, Center Staff, the children receiving care at the Center or the records, maintained by or on behalf of the Center, to include but not be limited to, audio, video, photos, written documentation, social media posts, and other electronic information shall constitute good cause for the denial, restriction, revocation or suspension of a License, Permit or commission.(d) Failure to Cooperate. The proposed and current License Holder, Permit Holder or commission holder and Staff shall cooperate with any inspection or investigation by responding truthfully to any legitimate departmental inquiry. Failure to cooperate with a Department inspection or investigation shall constitute good cause for the denial, restriction, revocation or suspension of a License, Permit or commission. (e) False or Misleading Statements. No License Holder, Permit Holder or commission holder shall make or condone any Staff making false or misleading statements to the Department in connection with any authorized investigation or inspection being conducted by the Department.Ga. Comp. R. & Regs. R. 591-1-1-.37
O.C.G.A. § 20-1A-1 et seq.
Original Rule entitled "Inspections and Investigations" adopted. F. Dec. 23, 1997; eff. Mar. 1, 1998, as specified by the Agency.Amended: F. Jan. 12, 2005; eff. Feb. 1, 2005.Amended: F. Dec. 4, 2015; eff. Dec. 24, 2015.Amended: F. May 26, 2017; eff. June 15, 2017.Amended: F. Aug. 26, 2022; eff. Sep. 15, 2022.