SELECTED GEORGIA WEI-~FARE and JUVENILE COURT LAWS Richard A. Chappell and Mrs. Margaret MobJey Robinson Institute of Government The University of Geoq]ia Athens, Georgia for Georgia Department of Family and Children Services FOREWORD This Compilation of Georgia Laws Relating to Welfare and Juvenile Courts, with court rulings in a few leading cases interpreting the laws, is intended for the use of welfare workers, juvenile court probation officers, students, and others having an interest in the subject matter. The Compilation was done by the Institute of Government of the University of Georgia under a contract with the Department of Family and Children Services. It is the hope of the Department that those using the document will find it useful. Phil Cawthon Deputy Director Department of Family and Children Services ii INTRODUCTION The care of families and children in need or in trouble is one of tht1 most important services performed by governments today. The future of a child who comes in contact with the authorities, either as a welfare case or as a juvenile offender, may to a great extent be determined by the action taken by those officials who consider his case. The disposition of juvenile cases, whether by juvenile court officials or social workers, is in large part determined by applicable laws of the State of Georgia. This book, Selected Georgia Welfare and Juvenile Court Laws, is an effort to bring together under a single cover the principal Georgia laws with case notes in these areas. It is intended to serve as a guide for those who deal with children in an official capacity. This work was prepared by Mr. Richard A. Chappell and Mrs. Margaret Mobley Robinson of the Institute of Government, for the Georgia Department of Family and Children Services. Mr. Chappell is the Parole and Probation Specialist on the staff of the Institute of Government, and is an Assistant Professor on the faculty of the School of Social Work and the Department of Sociology at the University of Georgia. He is a graduate of Mercer University and the Walter F. George School of Law at Mercer University, and past Chairman of the United States Board of Parole. Mrs. Robinson served as research assistant to Mr. Chappell ~or this study. She is a graduate of Emory University School of Law. We would like to express our appreciation to the Harrison Company for their kind permission to reproduce Chapter 99 and parts of Chapter 74 from the Georgia Code Annotated for inclusion 1n Selected Georgia Welfare and Juvenile Court Laws. Their generous cooperation has greatly facilitated the preparation of this book. July, 1967 Morris W. H. Collins, Jr., Director Institute of Government University of Georgia iii EDITORIAL COMMENTS This editor became aware of the need for a compilation of Georgia laws relating to public welfare and juvenile courts while teaching a course in Law and Social Work for the School of Social Work of the University of Georgia. It has been a useful experience to work on this small volume. The compilation has been prepared in loose-leaf form to facilitate the substitution of new statutes for old in the event of revisions and amendments by the General Assembly. It is hoped that the monograph can be kept up-to-date in the future by removing obsolete sections and adding new ones. Comments and suggestions of readers for improving future revisions are invited. DEPARTMENT OF FAMILY AND CHILDREN SERVICES Because of the recency of the enactment of the 1963 statute creating the Department of Family and Children Services, no significant decisions interpreting the Act have been handed down by the higher courts. This accounts for the absence of case notes on this chapter. JUVENILE COURTS It is understood that there is a likelihood that the Juvenile Court Act may be rewritten in the near future. The decision of the United States Supreme Court on May 15, 1967, in re Gault et al 387 U. S. 1 requires certain procedures not generally followed previously in juvenile hearings in those cases which could result in commitment to an institution. A committee of one house of the General Assembly, the Juvenile Court Judges Association and the Georgia Committee of the National Council on Crime and Delinquency and perhaps others are now studying revision of the statute. Because Gault will affect Georgia Juvenile Court procedure it is briefly reviewed here. The Gault case involved an Arizona juvenile, age 15, who was on probation for stealing a wallet. He was taken into custody as a possible probation violator by the sheriff, on the complaint of a neighbor that he made lewd remarks to her over the telephone. His parents were not advised that he was in detention. At the hearing he was not represented by counsel, no notice of charges was given, and he was committed for the period of his minority ( 6 years) unless sooner discharged upon revocation of his probation. Gault's petition in the Supreme Court claimed that he was deprived of the following rights under the due process clause of the Fourteenth Amendment: 1. Notice of charges; 2. Representation of counsel; 3. Appellate review; 4. Confrontation of accusers and cross-examination; iv 5. A transcript of the proceedings; and 6. The privilege against self-incrimination. The court stated that it was not concerned with "the procedures or constitutional rights applicable to the pre-judicial stages of the juvenile process," nor "the post-adjudicative or dispositional process". The Court considered only "the proceedings by which a determination is made as to whether a juvenile is a delinquent as a result of alleged misconduct on his part, with the consequence that he may be committed to a state institution". The Court saw little practical difference between the training school to which Gault was committed and a prison for adults. 1. Notice of the Charges. The Court concluded that: We cannot agree with the ... conclusion that adequate notice was given in this case. Notice, to comply with due process requirements, must be given sufficiently in advance of scheduled court proceedings so that reasonable opportunity to prepare will be afforded, and it must 'set forth the alleged misconduct with particularity' . . . the child and his parents or guardian [must] be notified, in writing, of the specific charge or factual allegation to be considered at the hearing, and . . . such written notice [must] be given at the. earliest practicable time and in any event sufficiently in advance of the hearing to permit preparation. Due process of law requires notice of the sort we have described - that is, notice which would be deemed constitutionally adequate in a civil or criminal proceeding. 2. Right to Counsel. On this question the court ruled that the child and his parents have a right expressly to be advised that they might retain counsel, and to consider specifically whether they should or should not waive the right. The Court declared: We conclude that the Due Process Clause of the Fourteenth Amendment requires that in respect of proceedings to determine ., , delinquency which may result in commitment to an institution in ' which the juvenile's freedom is curtailed, the child and his parents ... must be notified of the child's right to be represented by counsel retained by them, or if they are unable to afford counsel, that (~ -..9 counsel will be appointed to represent the child. 3, 5. Appellate Review and Transcript of Proceedings. The Court withheld a direct ruling on these points, but did note that a juvenile court must accompany its orders with a statement of reasons or consideration therefor, and warned: . . . the consequences of failure to provide an appeal, to record the proceedings, or to make findings or state the grounds for the juvenile court's conclusion may be to throw a burden upon v the machinery for habeas corpus, to saddle the reviewing process with the burden of attempting to reconstruct a record, and to impose upon the juvenile judge the unseemly duty of testifying under cross-examination as to the events that transpired in the hearings before him. 4, 6. Confrontation of Accusers, Cross-examination and Self-incrimination. The Court ruled: We conclude that the constitutional privilege against self- incrimination is applicable in the case of juveniles as it is with respect to adults. We appreciate that special problems may arise with respect to waiver of the privilege by or on behalf of children, and that there may well be some difference in technique - but not in principle - depending upon the age of the child and the presence and competence of parents. The participation of the coun- sel wi11, of course, assist the police, juvenile courts and appellate tribunals in administering the privilege. If counsel is not present for some permissible reason when an admission is obtained, the greatest care must be taken to assure that the admission was voluntary, in the sense not only that it has not been coerced or suggested, but also that it is not the product of ignorance of rights or of adolescent j fantasy, fright or despair. }i Absent a valid confession adequate to support the determination ~..\ of the Juvenile Court, confrontation and sworn testimony by wit- 1 nesses available for cross-examination were essential for a finding ' of "delinquency" and an order committing [Gault] to a state institution for a maximum of six years. The Court also pointed out some things not required in a juvenile delinquency hearing. A juvenile is not entitled (a) to bail, (b) to indictment by grand jury, (c) to a public trial, or (d) to trial by jury. Certain other rules governing the arrest and interrogation of adults by police need not be observed in the case of juveniles, but those were not covered in detail. The Court further held that confidentiality of juvenile records is not affected, and should be encouraged. Also, juvenile offenders need not be classed as criminals, and an adjudication of delinquency should not result in civil disability or disqualify the child for government employment. Many persons wi11 agree with Mr. Justice Potter Stewart's dissent in Gault that ". . . the court's long catalog of requirements upon juvenile proceeding in every area of the country is to invite a long step backwards into the Nineteenth Century." Such persons regret to see some of the habiliments of a criminal trial, or adversary proceeding, applied to juvenile hearings. We can find little to quarrel with and less to rejoice about in the Gault rulings. Our personal observation has been that few "innocent" children have been hailed before the juvenile courts. Many "guilty" ones have been turned away at intake or at the point of police questioning. ... Children can still be "convicted" under Gault procedure. It may take a little more time and effort but about as many children as before can be found "delinquent." vi The tragic fact is that the rulings of the Court in Gault will not cure the basic shortcomings of the juvenile court - the lack of adequate service and facilities. Few, if any, juvenile courts are staffed with sufficient, qualified probation officers, suitable diagnostic and clinical facilities, and standard detention quarters. Gault will not insure the selection of judges who have knowledge of the behavioral sciences. Juvenile Courts have been too often starved for funds. They have not had a chance to show their worth. Gault will do little to cure the illness. Only an aroused public that will demand suitable facilities and trained personnel comparable to that found in our public schools will meet the problem. In revising the Georgia Juvenile Court Act those concerned with the problem may want to consider in addition to the demands of Gault the following: (a) the possibility of a violation of the Constitutional bar to "double jeopardy" under the present Act. Apparently, a child under certain circumstances may be adjudicated a juvenile delinquent in a juvenile court and later tried for the substantive offense in a criminal court; (b) the failure of the present Act to set forth criteria for finding a parent "unfit" or a child "dependent" or "delinquent". Richard A. Chappell vii TITLE 99 SOCIAL WELFARE i Chap. Sec. Page 99- 1. State Department of Family and 99- 2. 99- 3. 99- 4. 99- 5. Children Services ------------------------------------ 99-102 1 Children and Youth Act --------------------------- 99-201 8 Placement of Children ---------------------------- Editorial Note 35 Miscellaneous Provisions ------------------------------- 99-401 35 County Departments of Family and Children Services --------------------------------------- 99-501 36 99- 6. Old-age Assistance --------------------------------------- 99-602 40 99- 7. Needy Blind Persons ------------------------------------ 99-702 43 99- 8. Georgia Factory for the Blind ____________________ 99-804 47 99- 9. Assistance to Dependent Children ________________ 99-902 49 99- 9A. Uniform Reciprocal Enforcement of Support Act ------------------------------------------------ 99-901 a 52 99-10. Hospital Service- Nonprofit Corporations ------------------------ Editorial Note 61 99-10A. Nonprofit Medical Service ____________________ Editorial Note 62 99-11. Housing Authorities ---------------------------------------- 99-1101 62 99-12. Housing Cooperation ------------------------------------ 99-1207 73 99-12A. Redevelopment Projects -------------------------------- 99-1204a 73 99-13. .Eugenic Sterilization ------------------------------------ 99-1301 74 99-15. Hospital Authorities ---------------------------------------- Repealed 79 99-16. Public Hospitals and Health Centers ________________ Repealed 79 99-17. Regulations of Hospitals and Like Institutions --------------------------------------- Repealed 79 99-18. Cerebral Palsy --------------------------------------------------- Repealed 79 99-19. Social Security for Employees of Political Subdivisions ---------------------------- Editorial Note 79 99-20. Assistance for Disabled -------------------------------- 99-2001 80 99-21. State and Political Subdivisions: Employees Social Security Law _______________ 99-2101 83 99-22. Hospital Care for the Indigent ___________________ Repealed 9299-23. Georgia Recreation Commission _______________ 99-2301 93 99-24. Treatment of Mentally Ill Persons ____________ Editorial Note 95 99-25. Medical Assistance for the Aged Act ___________ 99-2501 96 99-26. State Commission on Aging -------------------------- 99-2601 101 99-27. North Georgia Mountains Commission Act -------------------------------------- 99-2701 105 99-28. Personal Representative for Management of Assistance Benefits ------------------------------- 99-2801 114- 99-29. Georgia Public Assistance Act of 1965 ________ 99-2901 115-- 99-30. Health Insurance for County Employees of Department of Family and Children Services --------------------------------------- 99-3001 122 99-31. Family Planning Services Act ------------------------ 99-3101 127 99-99. Crimes ----------------------------------------------------------- 99-9901 129 ix TITLE 74 ADOPTION OF CHILDREN Chap. 74- 4. 74- 4. Sec. Adoption of Children _______________ 74-401 - 74-424 Case Notes --------------------------- 74-401 - 74-416 Page 132-139 140-143 X TITLE 24 JUVENILE COURTS Chap. 24-24. 24-99. 24-24. Sec. Juvenile Courts ____________________ 24-2401 - 24-2442 Juvenile Courts ____________________ 24-9904 - 24-9905 Case Notes ------------------------- 242401 - 24--2429 Page 144--166 166-167 169-173 xi TITLE 99. SOCIAL WELFARE. Chap. Sec~ 99~ 1. State Department of Family and Children Services .............. 99~ 102 99~ 2. Children and Youth Act ....................................... 99~ 201 99~ 3. Placement of children .................................... Editorial Note 99~ 4. Miscellaneous provisions ............... , ....................... 99~ 401 99~ 5. County departments of family and children services .............. 99~ 501 99~ 6. Old~age assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99~ 602 99~ 7. Needy blind persons ........... , ................................ 99~ 702 99~ 8. Georgia Factory for the Blind .................................. 99~ 804 99~ 9. Assistance to dependent children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99~ 902 99~ 9A. Uniform Reciprocal Enforcement of Support Act ................ 99~ 901a 99~10. Hospital servic~nonprofit corporations .................. Editorial Note 99~10A. Nonprofit medical service ................................ Editorial Note 99~11. Housing authorities ............................................ 99~1101 99~12. Housing cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99~1207 99~12A. Redevelopment projects .......... : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99~1204a 99~13. Eugenic sterilization ........................................... 99~1301 99~14. 99~15. 99~16. 99~17. 99~18. State Hospital Authority ...................................... 99~1402 Hospital authorities .......................................... Repealed Public hospitals and health centers ........................... Repealed Regulation of hospitals and like institutions ................... Repealed Cerebral palsy ............................................... Repealed 99-19. Social security for employees of political subdivisions ...... Editorial Note 99-20. Assistance for disabled ......................................... 99-2001 99-21. State and political subdivisions: Employees Social Security Law .. 99~2101 99-22. 99-23. 99~24. 99-25. 99~26. 99-27. 99~28. 99~29. 99-30. ~-31. 99-99. Hospital care for the indigent ................................. Repealed Georgia Recreation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99~2301, Treatment of mentally ill persons ........................ Editorial Note Medical Assistance for the Aged Act ............................ 99-2501 State Commission on Aging .................................... 99~2601 North Georgia Mountains Commission Act ...................... 99~2701 Personal representative for management of assistance benefits ..... 99~2801 Georgia Public Assistance Act of 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . 99~2901 Health insurance ior county employees of Department of Family and Children Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99~3001 Family Planning Services Act .................................. 99~3101 Crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99~9901 Editorial Note.-Acts 1965, p. 576, contained a Resolution memorializing appropriate agencies of the Federal Government to extend social security payments to cover the month in which the recipient dies. CHAPTER 99~1. STATE DEPARTMENT OF FAMILY AND CHILDREN SERVICES. Sec. 99-102. 99-103. 99-104. 99-105. Definitions. State Department of Family and Children Services; creation. State Board of Family and Children Services; terms of members; per diem; State Board of Social Security abolished. State Board of Social Security; 2.ppointment of members; compensation; terms of office. Sec. 99-106. 99-107. 99-108. 99-109. 99-111. 99-112. Duties of the State Board of Family and Children Services. Director of the State Department of Family and Children Services. Director of Board of Social Security; duties. Supervision of family and children services departments. Child welfare. Cooperation with Federal Government. 99-102 SociAL WELFARE. Sec. Sec. 99-113. 99-115. 99-116. 99-121. 99-125. 99-127. 99-128. 99-129. 99-133. 99-134. 99-135. 99-137. 99-138. 99-139. Mental hygiene. County departments. Standards for personnel. Pensions. Trustees of Milledgeville State Hospital, etc. Hospital care for persons eligi- ble for assistance. General benevolent functions; costs as administrative expenses. Department organization. Abolition of Board of Public Welfare. Abolition of Board of Control and transfer of its functions. Transfer of supervision of exConfederate soldiers and sailors and dependents. Sale o.f surplus products of welfare institutions; disposition of proceeds. Funds received from pay pa. tien ts at Milledgeville State Hospital; disposition. Accumulated funds and cotton at Milledgeville State Hospital; disposition. 99-141. 99-142. 99-143. 99-144. 99-145. 99-146. 99-147. 99-148. 99-149. 99-150. 99-151. 99-152. Suspension or removal of employee or official of Department. Federal grants-in-aid; authority to accept and disburse. Same; compliance with requirements prescribed by Congress. Same; promulgation of rules and regulations. Same; cooperati01f with Federal Government. Same; matching Federal funds. Transfer of charitable and non- ! profit corporations assets to Department. Same; petition. Same; publication of notice of application. Same; grant of application; terms; transfer deemed proper. Same; transfer of entire assets; dissolution of corporation. Same; use of transferred assets in illegal manner. Editorial Note.-This Chapter, as it appeared in the Code of 1933, was probably superseded and repealed by implication by Acts 1937, p. 355, which forms the basis for the ~resent Chapter. In case of any doubt, Chapter 99-1 of the Code of 1933 was spec1fiC'ally repealed by Acts 1963, pp. 81, 119. Chapter 99-1 of the Code of 1933 prescribed the duties of the Board o.f Control of Eleemosynary Institutions. This agency was abolished and its functions transferred to the Department of Public Welfare by Acts 1937, p. 355. The Department of Public Welfare, in turn, was converted into the Department of Family and Children Services by Acts 1963, p. 81 and Acts 1963, p. 218. See 99-102 and Chapter 99-2 with Editorial Notes. By Acts 1960, p. 1101, the administration. of the Georgia School for Mental Defectives at Gracewood was transferred to the State Board of Health. See 35-301. 99-102. Definitions.-As used in this Chapter, the following words and phrases shall have the following meanings: Department-State Department of Family and Children Services. Board-State Board of Family and Children Services. Director-Director of the State Department of Family and Children Services. County department-County or district department of family and children services. County board-County or district board of family and children services. County director-Director of the county or district department of family and children services. (Acts 1937, pp. 355, 357; 1943, pp. 202, 203; 1960, p. 85; 1963, pp. 218, 219.) Editorial Note.-Acts 1963, pp. 218, 219, superseded the former section in its SociAL WELFARE. 99-104 entirety. The basic change was to substitute the words "family and children services" for "Public Welfare," wherever they appeared throughout this Title. The following table of changes should prove helpful: Term defined Department Board Director County department County board Former law State Department of Public. Welfare State Welfare Advisory Board Director of State Department of Public Welfare County or district department of public welfare County or district board of public welfare New law State Department of Family and Children Services State Board of Family and Children Services Director of State Department of Family and Children Services County or district department of family and children serv- ices County or district board of family and children services County director Director of county or district department of public welfare Director of county or district department of family and children services See also Editorial Note at the beginning of Chapter 99-2. 99-103. State Department of Family and Children Services; creation. -There is hereby created a State Department of Family and Children Services which shall be under the control, administration and supervision of the Director of the State Department of Family and Children Services. The State Department of Family and Children Services is hereby declared to be an Institution of the State of Georgia within the meaning of that term as it is used in Article VII, Section II, Paragraph I [ 2-5501] of the Constitution and is empowered and authorized to administer, expend and disburse funds appropriated to it and allocated to it by the General Assembly of Georgia and by the respective counties of the State and by the United States Government through its appropriate agencies and instrumentalities for the purpose of distributing old age benefits and all other benefits provided for in this law. (Acts 1937, pp. 355, 357; 1943, pp. 202, 203; 1960, pp. 85, 86.) Editorial Note.-Acts 1960, p. 85, which rewrote this section, abolished the State Board of Social Security, and created the State Welfare Advisory Board (now State Board of Family and Children Services), was, according to Section 10 of the Act, effective April!, 1960. 99-104. State Board of Family and Children Services; terms of members; per diem; State Board of Social Security abolished.-There is hereby created a State Board of Family and Children Services which shall be composed of one member from each Congressional District of the State. The members of the board shall be appointed by the Governor and the term of each member so appointed shall expire at the end of the term of the Governor appointing them. Each member shall serve, however, until his successor is appointed and qualified. Vacancies on the board shall be filled by appointment of the GoYernor for the unexpired term. All members shall be appointed by the Governor on the basis of recognized interest and knowledge of pr;blems of public welfare. ::\1 embers of the board shall recein a per diem of S20 for. their attendance at board meetings plus their actual traveling and subsis- 99-128 SOCIAL WELFARE. Department of Family and Children Services are audited. (Acts 1957, pp. 368, 369.) Cross-reference.-Hospital care for indigent,- see 99-2201 et seq. Editorial Note.-This section originally dealt with crippled children. See Editorial Note in recompiled Book 28. The present section was codified from Acts 1957, p. 368. This Act was to become effective upon the appropriation of. the money by the General Assembly or the allocation of funds by the State Budget Bureau to the State Department of Public Welfare (now State Department of Family and Children Services). 99-128. General benevolent functions; costs as administrative ex- penses.-The State Department of Family and Children Services shall administer such programs and provide such services as may be appro- priate and uals attain necessary to strengthen the maximum economic afnadmiplyersloifnealaninddehpeelpndneenecdeyofinwdihviicdh- they are capable, including services to applicants and recipients of old age assistance to help them attain self-care: Provided, further, that the costs incurred by the county departments in administering this section in conjunction with the public assistance programs administered by the State Department of Family and Children Services, to-wit: Old Age Assistance, Aid to the Blind, Aid to Dependent Children, and Aid to Permanently and Totally Disabled Persons, shall be deemed to be ad- ministrative expenses as defined in this Chapter. (Acts 1957, pp. 368, 370.) Editorial Note.-This section formerly dealt with crippled children. See Editorial Note in recompiled Book 28. The present section was codified from Acts 1957, p. 368. This Act was to become effective upon the appropriation of the money by the General .Assembly or the allocation of funds by the State Budget Bureau to the State Department of Public Welfare (now State Department of Family and Children Services). 99-129. Department organization.-There shall be created in the department such divisions as the State Department may find necessary for the effective administration of the State Department. The Director shall have the power to allocate and reallocate functions among the divisions within the Department. (Acts 1937, pp. 355, 356; 1960, pp. 85, 88.) Editorial Note.-The 1960 amendment struck the phrase "with the advice of the State Board" from the end of this section. 99-133. Abolition of Board of Public Welfare.- Editorial Note.-As to redesignation of "State Department of Public Welfare" as "State Department of Family and Children Services" and "county departments of public welfare" as "county departments of family and children services," see 99-102 and Editorial Note thereunder. 99-134. Abolition of Board of Control and transfer of its functions.The Board of Control of Eleemosynary Institutions heretofore created under and by virtue of Chapter 35-1 is hereby abolished. The activities, authority, and delegated duties which have heretofore been carried on by the Board of Control and defined in detail in Title 35 in its entirety are hereby transferred and removed to the State Department of Family ~tnd Children Services and all of such functions and activities heretofore intrusted to such Board of Control of Eleemosynary Institutions shall SociAL WELFARE. 99-127 - 99-113. Mental hyglene.-(Based upon Acts 1937, pp. 355, 360. Re- pealed by Acts 1960, pp. 85, 88.) 99-115. County departments.- Editorial Note.-As to redesignation of "State Department of Public Welfare" as "State Department of Family and Children Services" and "county departments of public welfare" as "county departments of family alld children services," see 99-102 and Editorial Note thereunder. 99-116. Standards for personnel.- Editorial Note.-See Editorial Note following 99-115. 99-121. Pensions.-(Based upon Acts 1937, pp. 355, 361. Repealed by Acts 1960, pp. 85, 88.) 99-125. Trustees of Milledgeville State Hospital, etc.-(Based upon Acts 1937, pp. 355, 362. Repealed by Acts 1949, pp. 547, 548.) 99-127. Hospital care for persons eligible for assistance.-The State Department of Family and Children Services shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that Federal matching funds are available for such expenditures for hospital care. To accomplish this purpose the State Department of Family and Children Services is authorized to pay from funds appropriated for the purposes of this Chapter the amount required under the terms of this Chapter into a -trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The Direc~or of the State Department shall, subject to the approval of the State Budget Bureau, on the hasis of the funds appropriated in any year, establish the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into said trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed as an incumbrance for assistance payable. Ledger accounts reflecting payments into and out of the h(,spital care funds shall be mainta:in.ed for each of the categories of public assistance; to-wit: Old Age Assistance, Aid to the Blind, Aid to Dependent Children, and Aid to Totally and Permanently Disabled Persons. The balance of State funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of Federal funds held in said trust fund by the State Department of Family and Children Services available for expenditure under the terms of this Chapter shall be deemed incumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of State funds. The State Auditor shall audit the funds in the trust fund established under the terms of this Chapter in the same manner that any other funds disbursed by the 99-146 SociAL WELFARE. assistance programs, or any other type welfare programs, the State Department of Family and Children Services is authorized to cooperate with the Federal Government in such programs, to accept funds from the Federal Government in the maximum amounts made available, to disburse same and to comply with all requirements of the Federal Government necessary to the securing of such grant-in-aid funds. (Acts 1945, pp. 196, 197; 1961, p. 222.) Editorial Note.-Acts 1961, p. 222, entirely superseded this section. 99-146. Same; matching Federal funds.-Any funds which are made available by appropriation to the State Department of Family and Children Services for matching Federal funds shall be available to supply the State portion of expenditures for general assistance programs, medical assistance programs, or any other type welfare programs provided for by the Federal Government which benefit the citizens or residents of this State. (Acts 1945, pp. 196, 197; 1961, pp. 222, 223.) Editorial Note.-Acts 1961, p. 222, entirely superseded this section. 99-147. Transfer of charitable and nonprofit corporations assets to Department.- Editorial Note.-As to redesignation of "State Department of Public Welfare" as "State Department of Family and Children Services" and ','county departments of public welfare" as "county departments of family and children services,'' see 99-102 and Editorial Note thereunder. 99-148. Same; petition.- Editorial Note.-See Editorial Note to 99-147. 99-149. Same; publication of notice of application.- Editorial Note.-See Editorial Note to 99-147. 99-150. Same; grant of application; terms; transfer deemed proper.- Editorial Note.-See Editorial Note to 99-147. 99-151. Same; transfer of entire assets; dissolution of corporation.- Editorial Note.-See Editorial Note to 99-147. 99-152. Same; use of transferred assets in illegal manner.- Editorial Note.-See Editorial Note to 99-147. CHAPTER 99-2. CHILDREN AND YOUTH ACT. Sec. 99-201. 99-202. 99-203. 99-204. 99-205. 99-206. Short title. Purpose. Definitions. Establisl:ment of division and board; composition, organization, meetings and compensation of board. Director of division. Powers, duties and responsibilities of the board. Sec. 99-207. 99-208. 99-209. Powers, duties and responsibilities of the Director. Employees: employment and discharge; conformity to merit system and employees retirement system. State and local development and administration of public child welfare and youth services. SociAL WELFARE. 99-145 hereafter be administered through the State Department as created in this law: Provided, however, that effective July 1, 1937, the authority and duties in supervising and conducting the management of the State Tuberculosis Sanatorium, as laid down in Chapter 35-4, are hereby trans- ferred and removed to the State Board of Health of Georgia: Provided, further, that effective July 1, 1943, the authority, powers, duties, supervision, control ~nd management of the Georgia Academy for the Blind, as laid down in Chapter 35-7, and the Georgia School for the Deaf, as laid down in Chapter 35-8, are hereby taken from the State Board of Social Security and transferred to the State Board of Education. (Acti! 19,37, pp. 355, 368; 1943, pp. 202, 230, 232.) Cross-references.-As to further history of transfers of institutions formerly un- der Board of Control, see Editorial Notes at beginning of Chapters 32-28, 35-1, 35-2, 35-3, 35-4, 35-7, 35-8, 35-9, and 88-1. ' Editorial Note.-As to redesignation of "State Department of Public Welfare" as "State Department of Family and Children Services" and "county departments of public welfare" as "county departments of family and children services," see 99-102 and Editorial Note thereunder. 99-135. Transfer of supervision of ex-Confederate soldiers and sailors and dependents.-(Based upon Acts 1937, pp. 355, 368; 1943, pp. 202, 203. Repealed by Acts 1960, pp. 85, 88.) 99-137. Sale of surplus products of welfare institutions; disposition of proceeds.- Editorial Note.-As to redesignation of "State Department of Public Welfare" as "State Department of Family and Children Services" and "county departments of public welfare" as "county departments of family and children services," see 99-102 and Editorial Note thereunder. 99-138. Funds received from pay patients ct Milledgeville State Hospital; disposition.- Editorial Note.-See Editorial Note following 99-137. 99-139. Accumulated funds and cotton at Milledgeville State Hospital; disposition.- Editorial Note.-See Editorial Note following 99-137. 99-141. Suspension or removal of employee or official of Department.- Editorial Note.-See Editorial Note following 99-137. 99-142. Federal grants-in-aid; authority to accept and disburse.- Editorial Note.-See Editorial Note following 99-137. 99-143. Same; compliance with requirements prescribed by Congress.-- Editorial Note.-See Editorial Note following 99-137. 99-144. Same; promulgation of rules and regulations.- Editorial Note.-See Editorial Note following 99-137. 99-145. Same; cooperation with Federal Government.-In the event that the Congress of the United States appropriates funds providing for grants-in-aid to the State Governments for the purpose of assisting them in the operation of general assistance programs, medical 99-201 SociAL WELFARE. An Act establishing Georgia State Reformatory, providing for operation of same, and for detention, education and training therein of certain offenders, etc., approved August 23, 1905 (Ga. L. 1905, p. 127 et seq.), as amended by an Act approved August 18, 1919 (Ga. L. 1919, p. 373 et seq.), as amended by an Act approved August 16, 1920 (Ga. L. 1920, p. 156 et seq.) and as amended by Section 36 of an Act approved August 28, 1931 (Ga. L. 1931, pp. 7, 17) (Code Chapter 77-6 as amended); An Act establishing the Georgia State Training School for Girls, providing for operation of same, and for detention, education and training therein of certain offenders, etc., approved August 19, 1913 (Ga. L. 1913, p. 87 et seq.), as amended by an Act approved August 23, 1927 (Ga. L. 1927, p. 341 et seq.), as amended by Section 37 of an Act approved August 28, 1931 (Ga. L. 1931, pp. 7, 18), as amend- ed by an Act approved March 31, 1937 (Ga. L. 1937, p. 682 et seq.), and as amended by an Act approved February 18, 1943 (Ga. L. 1943, p. 628) (Code Chap- ter 77-7 as amended); An Act relating to placing of children for care and adoption by persons not parents or relatives of such children; licensing, regulating and supervising child placing agencies, approved August 19, 1922 (Ga. L. 1922, p. 72 et seq.) (Code Chap- ter 99-3); An Act authorizing the Department of Public Welfare to arrange care for home- less, dependent and neglected children, approved March 28, 1935 (Ga. L. 1935, p. 490 et seq.) (Ga. Code Ann. 99-207 through 99-214); An Act known as "The State Detention Homes Act," providing for establishing and operation of juvenile detention homes, etc., approved March 21, 1958 (Ga. L. 1958, p. 239, et seq.) (Code Chapter 77-8); An Ac't authorizing the Governor to provide necessary funds to implement "The State Detention Homes Act," approved March 25, 1958 (Ga. L. 1958, p. 532) (Editorial Note to Chapter 77-8); An Act authorizing the Department of Public Welfare to establish branches of State Training Schools under its jurisdiction, approved March 28, 1961 (Ga. L. 1961, p. 186 et seq.) (Ga. Code Ann., 77-621). Sections 6, 7, 8, 9, 10, 11, 12, 14 and 16 of an Act establishing a Board of Public Welfare and defining certain duties of said board, particularly visitorial duties respecting certain facilities and institutions add administration, supervision and operation of such facilities and institutions, approved August 18, 1919 (Ga. L. 1919, p. 222, 224 et seq.) ( 99-101 through 99-108, Code of 1933); Subparagraphs (2) and (3) of Section 6 of an Act creating a State Department of Public Welfare, which relate to administration of child welfare activities and services, cooperation with the Federal Government in regard thereto, and expend- ing funds therefor, approved February 26, 1937 (Ga. L. 1937, pp. 355, 359, 360) (Ga. Code Ann., 99-111, 99-112). A further Act passed at the 1963 ;Session, Acts 1963, p. 218, rewrote 99-102, changing basic definitions which applied to the former welfare organization so as to accord with this Chapter. These changes also apply througout this Title as may be appropriate. A table of the changes follows: Term defined Department Board Director County department County board Former law State Department of Public Welfare State Welfare Advisory Board Director of State Department of Public Welfare Cot1nty or district department o.f public welfare County or district board of public welfare New law State Department of Family and Children Services State Board Of Family and Children Services Director of State Department of Family and Children Services County or district department of family and children services County or district board of family and children services County director Director of county or district department of public welfare Director of county or district department of family and children services 99-201. Short title.-The short title of this Chapter shall be the "Children and Youth Act." (Acts 1963, pp. 81, 82.) 1f\ SociAL WELFARE. Sec. 99-210. 99-211. 99-212. 99-213. 99-214. Transfer of facilities, personnel, wards, funds and functions; legal successor. Duties and functions of the division. Use of existing institutions and agencies. Diagnosis, trea:tment and handling of delinquents committed to the division; miscellaneous. Placement of children; licensing and inspection of child welfare agencies. Sec. 99-215. 99-2!6. 99-217. 99-218. 99-219. 99-220. 99-221. Children brought into S:tate for placement; bond; notit)cation; reports. Power to contract; delegation of power. Power to accept and use gifts. Legal proceedings. Annual report. Budget. Existing charters of charitable institutions. Editorial Note.-Acts 1963, p. 81 et seq., which presently fotms the basis for this Chapter, repealed in its entirety Chapter 99-2 of the Code of 1933 and Acts 1935, p. 490, which constituted the remainder of the Chapter as it appeared in the Ga. Code Ann. The chief feature of the 1963 Act was the elimination of the State Department of Public Welfare and the creation of the State Department of Family and Children Services with increased authority over juvenile matters. 'In addition to the instant Chapter, Acts 1963, p. 81, at pp. 119 through 121, repealed a number of further Code provisions. A list of repeals follows: Chapter 3'5-5 of the Cofie of Georgia of 1933 relating to charitable institutions for the custody of children, and incorporation, duties and powers of same; Chapter 35-6 of the Code of Georgia of 1933 relating to the Georgia Industrial Home and other similar undenominational child-saving institutions, and inspections, and payments by counties thereto; Chapter 77-6 of the Code of Georgia of 1933 relating to establishment and operation of the Georgia State Training School for Boys, and to the detention, education and training therein of certain persons committed thereto; Chap,ter 77-7 of the Code of Georgia of 1933 relating to establishment and operation of the Georgia State Training School for Girls, and to the detention, education and training therein of certain persons committed thereto; Chapter 99-1 of the Code of Georgia of 1933 relating to visitorial duties respecting certain facilities and institutions, and administration, supervision and operation of such facilities and institutions; Chapter 99-2 of the Code of Georgia of 1933 relating to ph cement of children for care and adoption by persons not parents or relatives of st children, and to licensing, regulating and supervising child-placing agencies; Sections 26-1604 and 26-1605 of the Code of Georgia of 1933 :elating to commission of misdemeanor by enticing away and harboring children committed to the Georgia Industrial Home or other similar undenominational child-saving institutions; Section 99-9901 of the Code o.f Georgia of 1933 relating to commission of misdemeanor by violating certain provisions of Chapter 99-1 of the Code of Georgia of 1933; Section 99-9902 of the Code of Georgia of 1933 relating to commission of mis- demeanor by violating certain provisions of Chapter 99-2 of the Code of Georgia of 1933. Acts 1963, pp. 81, 120, also provided for repeal o.f a number of laws designated by statutory citation, rather than by Code section. It will be noted that this results in some duplication as to repeal of 1933 Code provisions, but there are included a number of laws passed since the adoption of that Code. The further list follows: An Act regulating benevolent institutions in this State, defining the powers of those incorporated for the custody and care of children, and providing for incorporation of such institutions, approved December 18, 1894 (Ga. L. 1894, p. 80 et seq.), as amended by an Act approved December 16, 1898 (Ga. L. 1898, p. 104 et seq.) (Code Chapter 35-5); An Act authorizing commitment of certain children to the Georgia Industrial Home or other similar undenominational child-saving institutions, inspections, and payments by counties thereto, approved August 15, 1904 (Ga. L. 1904, p. 96 et seq.), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1053), and as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 117 et seq.) (Code Chapter 35-6) ; 99-203 SociAL WELFARE. provision. of adequate care of children and youth away from their homes in foster family homes or day-care or other child-care facilities. (g) The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this Chapter. (h) "Group care facility" shall mean a place other than a foster family home providing care for groups of children and youth. (i) "Maintenance" shall mean all general expenses for care such as board, shelter, clothing, medical, dental, and hospital care, transportation and other necessary or incidental expenses. (j) "Shelter" or "shelter care" shall mean temporary care in a nonsecurity or open type of facility. (k) "Detention" or "detention care" shall mean temporary care in a facility affording secure custody. (I) "Legal custody" shall mean a legal status created by court order embodying the following rights and responsibilities: the right to have the physical possession of the child or youth; the right and the duty to protect, train and discipline him; the responsibility to provide him with food, clothing, shelter, education and ordinary medical care; and the right to determine where and with whom he shall live: Provided, that these rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person of the child or youth, and subject to any residual parental rights and responsibilities. (m) "Probation" shall mean a legal status created by court order following adjudication in a delinquency case, whereby a child or youth is permitted to remain in the community, subject to supervision by the court or an agency designated by the court and subject to being returned to court at any time during the period of probation. (n) "Protective supervision". shall mean a legal status created by court order following adjudication in a neglect case whereby a child's place of abode is not changed but assistance directed at correcting the neglect is provided through the court or an agency designated by the court. (o) "Homemaker service" shall mean a service provided by a woman selected for her skills in the care of children and home management and placed in a home to help maintain and preserve the family life during the absence or incapacity of the mother. (p) "In loco parentis" shall mean a quasi-parental relationship inferred from and implied by the fact that a child or youth has been taken into a family and treated like any other member thereof, unless an express contract exists to the contrary. (q) "Delinquent child or youth" means any person so adjudged under the provisions of the juvenile court statute. (r) "Child welfare agency," as use<;! in section 99-214 of this Chapter, shall mean: "child-caring institution," "child-placing agency," "maternity home," "family boarding home," "family day-care home," and "day-care center." 10 SociAL WELFARE. 99-203 99-202. Purpose.-The purpose of this Chapter is to promote, safeguard and protect the well-being and general welfare of children and youth of the State through a comprehensive and coordinated program of public child welfare and youth services, providing for: social services and facilities for children and youth who require care, control, protection, treatment or rehabilitation, and for their parents; setting of standards for social services and facilities for children and youth; cooperation with public and voluntary agencies, organizations, and citizen groups in the development and coordination of programs and activities in behalf of children and youth; and promotion of community conditions and resources that help parents to discharge their responsibilities for the care, development and well-being of their children. It is the further purpose of this Chapter to provide a qualified group of citizens and professional leadership which will identify and study the problems of youth, recommend and effect possible solutions, and work actively for State and local action to prevent children and youth from becoming inmates of our prisons, patients in our mental hospitals, and persons dependent upon public assistance programs. (Acts 1963, pp. 81, 82.) 99-203. Definitions.-The following words and phrases as used in this Chapter shall, unless a different meaning is required by the context, have the following meaning: (a) "Department" shall mean the Georgia Department of Family and Children Services. (b) "Division" shall mean the Division for Children and Youth within the Georgia Department of Family and Children Services. (c) "Board" shall mean the State Board for Children and Youth. (d) "Chairman" shall mean the Chairman of the State Board for Children and Youth. (e) "Director" shall mean the Director of the Division for Children and Youth. (f) "Child Welfare and Youth Services" shall mean duties and function authorized or required by this Chapter to be provided by the division with respect to: establishment and enforcement of standards for social services and facilities for children and youth which supplement or substitute for paren tal care and supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation or delinquency of children and youth; protecting and caring for homeless, dependent and neglected children and youth; protecting and promoting the welfare of children of working mothers; providing social services to children and youth and their parents, and care for children and youth and mothers hearing children out of wedlock; promotion of coordination and cooperation among organizations, agencies and citizen groups in community planning, organization and development of such services; and otherwise protecting and promoting the welfare of children and youth, including the strengthening of their homes where possible, or where needed, the 11 99-204 SociAL WELFARE. (b) Appointive members; terms; vacancies.-Appointive members of the board shall be influential and respected citizens in their respective communities who are recognized for their demonstrated interest in children and youth and in all matters pertaining to the betterment of family life in Georgia. The term of office of appointive members of the board shall be for six years, except that initially five members shaH be appointed for six-year terms; five members for four-year terms; and four members for two-year terms, each of said initial terms , to date from July 1, 1963. Appointive members of the board sha11 hold office for the term of their office and until their successors are ap- ' pointed and qualify, and shall be eligible for reappointment. In case of a vacancy on the board, by death, resignation, or any cause whatever, of an appointive member of the board, the Governor shall appoint a successor member to the board for the unexpired term by and with the advice and consent of the Senate. All appointments to the board made by the Governor at a time when the General Assembly is not in session, including the initial appointments to the hoard, shall be effective until tqe next regular session of the General Assembly, at which time said names sha11 be submitted to the Senate for confirmation. Members of the board shall take an oath to faithfully discharge the duties of. their office, and as may otherwise be required by law. (c) Ex-officio members; duties.-The Director of the Department of Public Health, the State Superintendent of Schools, the Commissioner of Labor, the Director of Corrections, the Commissioner of Agriculture, the Director of the Georgia Forest Commission, the Director of Probation, and the Executive Secretary to the Governor sha11 serve as exofficio members of the State Board for Children and Youth. They shall attend meetings of the board whenever possible, but sha11 not have a vote. They sha11, whenever the duties of their office permit and upori request of the board, serve as ex-officio members of committees appointed by the board. They sha11 provide advice and counsel to the board and to the Director of the Division for Children and Youth. It sha11 be their further duty, and the duty of all other departments and agencies and officers and employees of State Government, to assure the most effective coordination and use of State resources, personnel and facilities for the benefit of children and youth and to assist the division in effectuating the purposes of this Chapter by making available to the division, upon request of the board or the Director and to the extent permissible by law, the services, resources, personnel and facilities of their respective departments and agencies of State Government. (d) Meetings; committees.-The board shall meet in regular session at least once during each calendar quarter of the year, and may hold additional regular or adjourned meetings of the board at such times as the board may provide. Ca11ed meetings of the board shall be held at the call of the chairman or upon request therefor made to the chairman by any five members of the board. The executive secretary SociAL WELFARE. 99-204 (s) "Child-caring institution" shall mean and include any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children under 17 years of age outside of their own homes, subject to exceptions as may be provided in rules and regulations of the board. (t) "Child-placing agency" ;;hall mean any institution, society, agency, corporation or facility which places children in foster homes for temporary care or for adoption. (u) "Maternity home" shall mean any place in which any person, society, agency, corporation or facility receives, treats or cares for, within a period of six months, more than one illegitimately pregnant woman, either before, during or within two weeks after childbirth. This definition shall not include women who receive maternity care in the home of a relative, or in general or special hospitals licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children is only brief and incidental. (v) "Family boarding home" shall mean a home operated by any person who receives therein for pay three or more children under 17 years of age, who are not related to such person and whose parents or guardians are not residents of the same house, for supervision, care, lodging and maintenance with or without transfer of custody. (w) "Family day-care home" shall mean a home operated by any person who receives therein for pay three or more children under 17 years of age, who are not related to such person and whose parents or guardians are not residents in the same house, for daytime supervision and care, without transfer of custody. (x) "Day-care center" shall mean any place operated by a person, society, agency, corporation or institution, or any group wherein are received for pay seven or more children under 18 years of age for group care, without transfer of custody, for less than 24 hours per day. (Acts 1963, pp. 81, 83.) 99-204. Establishment of division and board; composition, organization, meetings and compensation of board.- (a) Division and board created; composition of board.-To effectuate the purpose of this Chapter, there is hereby created within the Department of Family and Children Services a division to be known as the Division for Children and Youth. The division shall be under the supervision and direction of a State Board for Children and Youth. The State Board for Children and Youth, hereby created, shall be composed of 15 members, 14 of whom shall be appointed by the Governor by and with the advice and consent of the Senate and one of whom shall be the Director of the Department of Family and Children Services who shall serve as chairman of the board and preside at all meetings of the board. There shall be at least one member of the board from each of the 10 congressional districts. 99-205 SociAL WELFARE. 99-205. Director of division.(a) Director: compensation; qualifications.-There shall be a Director of the Division for Children and Youth. The Director shall be nominated by the board and approved and appointed by the Governor .: to serve at the pleasure of the board. The Director shall devote full time to the work of the division, and shall be paid a salary to be fixed by the board. Any person, in order to be eligible for appointment to to the office of Director, shall be a person of good moral character, at least 30 years of age, a graduate of an accredited college or university with specialization in social studies or related subjects and shall have had at least five years work experience in correctional, social welfare, or educational fields, or other equivalent work experience. Qualifications of the Director provided herein are minimum qualifications, and the board is hereby authorized to prescri.be additional and higher qualifications as it may deem desirable. The Director shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of his duties the same as other State officers and employees and members of the board and shall receive payment of same in the manner herein provided for members of the board. (b) Bond; oath.-Before entering upon the discharge of his official duties, the Director shall give bond payable to the Governor and his successors in office and conditioned such that he will truly and faithfully account for all moneys coming into his hands by virtue of his office during the time that he shall continue therein and that he will faithfully discharge all and singular the duties required of him by virtue of his office during the time that he shall continue therein. The premium cost of such bond shall be paid out of funds made available to the division. The Director shall take an oath to faithfully discharge the duties of his office, to account for all moneys coming into his hands by virtue of his office, and as may otherwise be required by law. (c) Office.-The division and Director shall have such office space in a suitable building site as may be designated by proper State authorities. (Acts 1%3, pp. 81, 90.) 99-206. Powers, duties and responsibilities of the board.(a) Administrative board; policies, rules and regulations.-The board shall serve as an administrative board for the Division for Children and Youth. The board shall perform duties required of it by provisions of this Chapter, and shall, in addition thereto, be responsible for adoption of all policies and promulgation of all rules and regulations not in conflict with provisions of this Chapter that may be necessary and appropriate to the administration of the division, to the accomplishment of the purposes of this Chapter, and to the performance of the duties and functions of the division as set forth in this Chapter. (b) Operation of facilities and institutions; purpose.-The board shall establish rules and regulations for the government, operation and maintenance of all training schools, facilities and institutions now .or SociAL WELFARE. 99-204 of the board shall give written notice of the time and place of all meetings of the board to each member and ex-officio member of the board. No official business of the board shall be transacted except at a regular, called, or adjourned meeting of the hoard at which a quorum of the hoard is present. Eight members of the board shall constitute a quorum for th, transaction of business. All meetings held for the conduct of official business of the board shall be held at such place at the State Capital as may be designated and made available by proper State authorities. Such meetings of the board shall be open to the public, except at such times when matters not open to public inspection pursuant to provisions of this Chapter are before the board for consideration. The board shall, at its first meeting and from time to time thereafter as may be necessary, organize itself in such manner as the board may deem most suitable for the performance of its duties and responsibilities. The board is authorized and empowered to appoint committees composed of one or more members and ex-officio members of the board as a majority vote of the board may determine necessary for the performance of specific duties enumerated. The board may, by a majority vote, authorize a committee to travel within this State to inspect institutions and facilities under its jurisdiction and control, and hold committee meetings and travel anywhere within and without this State when the same is necessary to obtain information for the future guidance of the board 1n the performance of its duties and responsibilities. (e) Per diem; expenses.-Appointive members of the board shall receive per diem of $20 for every clay traveling to and from and in attendance at meetings of the board and while meeting or traveling as a member of a committee of the board on State business first authorized by the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The chairman of the board and ex-officio members of the board shall not receive per diem but shall receive reimbl;lrsement for actual expenses necessarily incurred in connection with their travel to and from and attendance at meetings of the board and while meeting or traveling as a member of a committee of the board on State business first authorized by the board. Per diem and reimbursement for actual expenses shall be paid from funds appropriated to the Division for Children and Youth upon presentation of vouchers approved by the chairman of the board and signed by the executive secretary of the board. (f) Executive secretary.-The Director of the Division for Children and Youth shall serve as executive secretary of the board, attend all meetings of the board, keep adequate records and minutes of all business and official acts of the board, and maintain the same in the office of the Director. (Acts 1963, pp. 81, 86.) Editorial Note.-Acts 1966, p. 601, created a Georgia Youth Council, to be composed of an indeterminate number of members between 16 and 20 years of age. The purpose was to conduct programs under which young people can participate in improvement in government, etc. 99-208 SOCIAL WELFARE. time, be necessary in order to comply with such standards. Personnel who enjoy merit system status in the Department of Family arid Children Services or in any other department or agency of State Government who are transferred by provisions of this Chapter to the Division for Children and Youth shall retain their status in equivalent positions, but such transfer of status shall not operate to prevent reorganization of functions and consequent reclassification of positions by the board in conjunction with the Merit System Council. (b) Employees: qualifications and compensation.-The division is hereby authorized to employ, on a full or part-time basis, such medical, psychiatric, so-cial work, supervisory, institutional, and other professional personnel, clerical and other employees, as may be necessary to discharge the duties of the division. The division is authorized to contract for professional services as may be necessary. The board shall, in conjunction with the Merit System Council, establish education, experience, and age qualifications for all professional personnel to be employed by the division and for superintendents of training schools and other facilities and institutions now or hereafter under the jurisdiction and control of the division, and shall prescribe the salaries, compensation and emoluments of all professional, clerical and other employees of the division in conformity with requirements and standards of the State Merit System. (c) Employees; employment and dismissaL-Superintendents of training schools and other facilities and institutions now or hereafter under the jurisdiction and control of the division shall be employed and dismissed for cause by the board on the recommendation of the Director. Professional personnel and other employees of such training schools, facilities and institutions shall be employed and dismissed for cause by the Director on the recommendation of the superintendent. All other professional personnel and all other employees of the division shall be employed and dismissed for cause by the Director in accordance with rules and regulations as may he promulgated by the board in regard thereto. Employees of the division shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (d) Employees retirement system.-AII personnel of the division, except members of the hoard, are hereby authorized to be members of the Employees Retirement System of Georgia established by an , Act approved February 3, 1949 (Ga. L. 1949, p. 138, Chapter 40-25), ' as the same may now or hereafter be amended. All rights, credits and funds in said retirement system which are possessed by State personnel transferred by provisions of this Chapter to the Division for Children ' and Youth, or otherwise had by persons at the time of employment with the division, are hereby continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Division for Children and Youth. (Acts 1963,- pp. , SociAL WELFARE. 99-208 hereafter under the jurisdiction and control of the board, bearing in mind at all times that the purpose for existence and operation of such schools, facilities and institutions, and all activities carried on therein, shall be to carry out the rehabilitative program provided for by this Chapter, and to restore and build up the self-respect and self-reliance of children and youth lodged therein so as to qualify and equip them for good citizenship and honorable employment. (Acts 1963, pp. 81, 91.) 99-207. Powers, duties and responsibilities of the Director.-The Director shall be the executive head and administrative officer of the Division for Children and Youth. He shall perform the duties required of him by provisions of this Chapter, and as may otherwise be required of him by policies, rules, and regulations established or promulgated by the board. He is charged with administration and supervision of the division and the facilities and institutions of the division, and shall enforce the provisions of this Chapter and the policies, rules and regulations of the board. He is authorized and empowered, subject to the provisions of this Chapter and such policies, rules and regulations of the board, to exercise all authority and power and perform all duties, functions and responsibilities vested in the division by provisions of this Chapter or any other provision of law, State or Federal, and may delegate performance of the same or any part thereof to any one or more employees of the division. He shall prescribe such forms, establish such procedures, and secure such reports, data and information from State, county and municipal officials and employees as may be necessary and appropriate to the efficient administration of the division, to the ultimate accomplishment of the purposes of this Chapter, and to the performance of duties and functions of the division as set forth in this Chapter. The Director of the division shall perform the above duties and functions under the supervision of the Director of the Department of Family and Children Services. (Acts 1963, pp. 81, 91.) 99-208. Employees: employment and discharge; conformity to merit system and employees retirement system.- (a) Merit system.-The division shall, immediately upon its creation, organize and thereafter conform itself in all respects to the State Merit System of Personnel Administration. All employees of the division, except the members of the board, shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualifications, compensation, seniority privileges, tenure and other employment standards as may now or hereafter be established under the State Merit System of Personnel Administration Act approved February 4, 1943 (Ga. L. 1943, p. 171, Chapter 40-22) providing for the establishment of a Merit System Council, as may now or hereafter be amended. The division shall likewise conform to Federal standards for a merit system of personnel administration in the respects necessary for receiving Federal grants and the board is hereby authorized and empowered to effect such changes as may, from time to 99-209 SociAL WELFARE. force the rules and regulations of the board in regard thereto. (c) Local finances; reimbursement by State.-County governments are hereby authorized and empowered to allocate public moneys to finance county public child welfare and youth services provided for in this Chapter. The county commissioner or board of commissioners, or the constituted fiscal or financial agent of the county, may make appropriations to maintain necessary child welfare and youth services within the county, and to defray the cost of administration of such services. In the case of a district family and children services department, each county forming a part of the district may appropriate funds sufficient in amount to defray the cost of child welfare and youth serv- : ices of the individual county, and the administrative cost of the district department may be defrayed by all of the counties in the district in the proportion that the child population of the county bears to the child population of the entire district. When the county department meets personnel standards set by the Division for Children and Youth and is operated in accordance with rules and regulations of said division, as regards child welfare and youth services, the division shall reimburse the county government for a portion of its services and administrative costs, the exact proportion to be determined by the division, considering the Federal and State funds available for distribution, the child population of the county, the extent of need for such services, the per capita income within the county, the financial condition of the county \ government, and the ability of the county to use such funds to establish, extend and strengthen such services. For the purpose of this Chapter, administrative costs shall mean salaries and traveling expenses of the Director of Family and Children Services and other employees of the staff of the county or district department engaged in the performance of child welfare and youth services provided for under the terms of this Chapter. Suitable office space and necessary equipment and supplies may be provided the county department by the county commissioner or commissioners, or the constituted fiscal or financial agent of each respective county. (d) Services to families with dependent children.-Nothing in this Chapter shall be deemed to vest in the division any authority for development and administration of a State plan and program providing aid to families with dependent children provided for in Title IV of Public Law 271 enacted by the 74th Congress of the United States, as amended, including child welfare services provided for in amendments to said public law, exclusive authority for which is now vested in the State Department of Family and Children Services and the Director thereof pursuant to provisions of the Aid to Dependent Children Act of 1937 (Ga. L. 1937, p. 630, Chapter 99-9), as amended. Public child welfare and youth services similar to those to be provided by the division under provisions of this Chapter and pursuant to Title V (Part 3) of said Public Law 271, shall, however, by cooperative agreement or contract by and between the division and said department, and county or dis- SociAL WELFARE. 99-209 99-209. State and local development and administration of pub1ic child welfare and youth services.- (a) State agency.-The Division for Children and Youth is hereby designated the exclusive State agency: (1) For development and administration of a comprehensive State plan and program providing public child welfare and youth services provided for in Title V (Part 3) of Public Law 271 enacted by the 74th Congress of the United States and approved on August 14, 1935, as amended, known as the "Social Security Act," and relating to importation of children; licensing and supervising private and local child caring agencies and institutions; care of homeless, dependent, neglected, and delinquent children in foster family homes or in institutions; protection of children for adoption of those of illegitimate birth; operation of State institutions for children; cooperation in the supervision of juvenile probation; prevention and treatment of juvenile delinquency and establishing and extending services for protection and care of children and youth in danger of becoming delinquent. (2) For administering and supervising, and discharging all duties required by, any other Act of Congress and any amendments thereto that may now or hereafter allot Federal funds for public child welfare and youth services coming within the scope of this Chapter. (3) For administering, and supervising local administration of, public child welfare and youth services provided for in this Chapter. (4) For receiving and expending on behalf of the State all funds which now or hereafter may become available or allotted to the State of Georgia by virtue of any appropriation or Act of Congress or regulation of the Federal Government, its agencies and instrumentalities, or be appropriated by the General Assembly, for public child welfare and youth services to be administered by the division as provided for in this Chapter. The division is hereby authorized to use so much of funds as may be appropriated by the General Assembly for the pur, pose of matching Federal grants for public child welfare and youth services provided for in this Chapter as may be necessary to secure such grants and derive full advantage to the State of benefits contemplated under the terms of such grants, and to comply with the terms of such grants. (b) Local agency.-County or district departments of family and children services are .hereby designated the local public agencies to administer locally the State plan and program for public child welfare and youth services to be developed in accordance with provisions of subparagraph (a) (1) of this section above, and other public child welfare and youth services provided for in this Chapter, and shall admin, ister the same in accordance with rules and regulations to be established by the State Board for Children and Youth. The Division for Children and Youth shall aid, assist, supervise, coordinate and direct , the administering of such public child welfare and youth services by county or district departments of family and children services and en- 99-210 SociAL WELFARE- fically the Georgia Training School for Girls located at Adamsville, Fulton county, Georgia; the Georgia Training School for Boys located at Milledgeville, Georgia; and the Georgia Training School for Boys and Girls located at Augusta, Georgia, now under the administrative control of the Department of Family and Children Services, and all authority, duties, functions, and responsibilities respecting such facilities and institutions, and their administration, control, conduct, and operation which, prior to enactment of this Chapter, was vested in the Department of Family and Children Services, or any other department, agency, bureau, instrumentality or official of the State of Georgia, are hereby transferred to the Division for Children and Youth, and whenever the Department of Family and Children Services, or any other such department, agency, bureau, instrumentality or of-ficial of the State of Georgia is referred to in any Act of the General Assembly in connection with such authority, duties, functions, and responsibilities or administration, control, conduct, or operation of such facilities and institutions, it shall be deemed to refer to the Division for Children and Youth. (b) PersonneL-All State employees and personnel employed on the effective date of this Chapter at the facilities and institutions transferred to the Division for Children and Youth by the preceding paragraph, and all employees and personnel of the Department of Family and Children Services who, on the effective date of this Chapter, are engaged exclusively in performance of public child welfare and youth service work provided for by this Chapter, are hereby transferred to the Division for Children and Youth. (c) Wards.-All wards of the Department of Family and Children Services who, on the effective date of this Chapter, are located at the facilities and institutions transferred to the division by subparagraph (a) above of this section and all children and youth otherwise committed to such department as of said date for purposes herein provided. for, and all powers and duties formerly held by said department in respect to the care, protection, custody, training, treatment, transfer, parole, release under supervision, and discharge of such wards, children and youth are hereby transferred to the Division for Children and Youth, , and whenever said department is referred to in any Act of the General Assembly in connection with such wards, children and youth, or in connection with the powers and duties respecting the same referred to above, it shall be deemed to refer to the Division for Children and Youth. (d) Funds.-All funds from private sources, and all appropriations, allocations and other funds, State or Federal, now available or to become available to the State or to the Department of Family ~nd Children Services by virtue of any statute or constitutional provision; or continuation thereof, for the administration, control, conduct or operation of facilities and institutions transferred to the division by subparagraph (a) above, or for payment of salaries or wages of emplo1:ees SociAL WELFARE. 99-210 trict departments of family and children services be made available to recipients of, and persons who have been or are likely to become recipients of assistance under the aid to families with dependent children program provided for in the Aid to Dependent Children Act of 1937 (Ga. L. 1937, p. 630, Chapter 99-9), and related Federal laws, to include foster home care and other child care referred to in Section 408 of Title IV of the Social Security Act. The division is hereby designated the "State public-welfare agency" referred to in Section 522 (a) of Title V (Part 3) and Section 408 (a) and (f) of Title IV of said Social Security Act. (e) Coordination of welfare programs.-The Director of the Division for Children and Youth and the Director of the Department of Family and Children Services shall, in developing and administering the State plans and programs referred to in subparagraphs (a) (1) and (d) of this section above, provide by cooperative agreement, and contract where necessary, for coordination of said respective plans and programs with a view toward providing welfare and related services on a comprehensive basis that will best promote the welfare of children and youth and their families, and best effectuate and coordinate effective implementation and administration of both said plans and programs at the local level of administration. (f) Autonomy of division for development and administration of program.-The Division for Children and Youth is constituted a division of the Department of Family and Children Services for convenience and administrative purposes, and said department shall furnish personnel office and business administration services to the division in order to effectuate administrative economy in the operation of the division and to prevent duplication of administrative costs. (g) Conflict of laws.-Nothing in this Chapter is intended to conflict with any provision of Federal law or result in loss of eligibility of the division, the Department of Family and Children Services, or any department of State Government to any Federal funds. In case such a conflict or loss of Federal funds should occur by virtue of enactment of any portion of this Chapter, then such portion of this Chapter in i conflict with such Federal law or otherwise causing loss of such funds ' i:s hereby declared of no effect and void. The board is authorized and empowered in such event to take such action as may be necessary and to effect such changes within the division as may be neces.sary to prevent loss of such funds to the division, the Department of Family and Children Services, or any other department of State Government affected and to secure to the same the full benefit of the Federal laws. (Acts 1963, pp. 81, 94.) 99-210. Transfer of facilities, personnel, wards, funds and functions; legal successor.- (a) Facilities.-All facilities, institutions, resources, property and equipment of existing training schools for boys and girls, and speci- 99-211 SOCIAL WELFARE. (1) Casework services for children and youth and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, neglect, or delinquency; (2) Protective services that will investigate complaints of neglect, abuse, or abandonment of children and youth by parents, guardians, custodians or persons serving in loco parentis, and on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem, or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency; (3) Supervise and provide required services and care involved in the interstate placement of children; (4) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother; (5) Boarding care, or payment of maintenance costs, in foster family homes or in group care facilities for children and youth that cannot be adequately cared for in their own homes; (6) Boarding care, or payment of maintenance costs, for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; (7) Day care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision. (c) Services to courts, upon their request, as follows: (1) Accept for casework services and care all children and youth whose legal custody is vested in the division by the court; (2) Provide shelter or detention care for children prior to examination and study or pending court hearing; (3) Make social studies and reports to the court with respect to children and youth as to whom petitions have been filed; (4) Following an adjudication by the court or discharge from an institution, provide probation services, protective supervision, or aftercare (parole) supervision to specific children and youth and report thereon to the court at such times and in such manner as the court shall direct; (5) Provide casework services and care, or payment of maintenance costs, for children and youth who have run away from their home communities within this State, or from their home communities in this State to another State, or from their home communities in another State to this State, and pay the costs of returning such runaway children and youth to their home communities; and provide such services, care or costs for runaway children and youth as may be required under the Interstate Compact for Juveniles. (d) Regional group care facilities for the purpose of: (1) Providing local authorities an alternative to placing any child in a common jail; SociAL WELFARE. 99-211 and personnel transferred to the division by subparagraph (b) above, or for providing care, protection, custody, training, treatment, or other social services to the wards, children and youth transferred to the division by subparagraph (c) above, or otherwise for the performance of powers, duties, and functions herein vested in the division, are hereby transferred to the Division for Children and Youth. (e) Functions.-All public child welfare and youth service functions, duties and responsibilities provided for in this Chapter, excepting those respecting children receiving public assistance under the aid to dependent children program provided for in the Aid to Dependent Children Act of 1937 (Ga. L. 1937, p. 630, Chapter 99-9), as amended, and related Federal laws, heretofore assigned to and exercised by the Department of Family and Children Services or any other department, agency, bureau, instrumentality or official of the State of Georgia under provisions of any existing Act of the General Assembly of Georgia, are hereby transferred to the Division of Children and. Youth, and any reference to such department or departments, agency, bureau, instrumentality or official in any such Act of the General Assembly shall be deemed to refer to the Division for Children and Youth. (f) Legal successor.-The facilities and institutions transferred to the division by subparagraph (a) above of this section a?e hereby reestablished, reconstituted, and shall continue in existence and operation under the jurisdiction and control of the division for the purposes provided for herein. All liabilities and obligations respecting said facilities and institutions, contractual or otherwise, are hereby transferred to and shall be assumed -by the division as legal successor thereto. No legal proceedings shall be abated because of any transfers made in this section, but the appropriate party exercising like authority or performing like duties, functions or responsibilities shall be substituted in said proceedings. (Acts 1963, pp. 81, 98.) 99-211. Duties and functions of the division.-The Division for Children and Youth is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend and improve throughout the State, within the limits of funds appropriated therefor, programs that will provide: (a) Preventive services as follows: (1) Collect and disseminate information about the problems of children and youth and provide consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, neglect, and delinquency among the children of Georgia; (2) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youth and improve the methods for dealing with these problems. (b) Child welfare services as follows: 99-212 SociAL WELFARE. ing children out of wedlock for whom the division has been given legal custody or for whom it is providing care pursuant to this Chapter. The division is authorized to perform such other duties as may be required under provisions of related statutes. (Acts 1963, pp. 81, 100.) 99-212. Use of existing institutions and agencies.(a) Authority.-The division is authorized to make use of law enforcement detention, supervisory, medical, educational, and other public or private facilities, institutions and agencies within the State for the purposes of this Chapter: Provided, however, that this shall not give the division authority to transfer any child or youth under its custody and control to any penal institution in the State without due process of law. When funds are available, the division may enter into agreements with appropriate private or public officials of private or public institutions and agencies for separate care and special treatment of children and youth subject to the control of the division. (b) Inspection.-The division is hereby given the right and is required to periodically inspect all public and private institutions and agencies whose facilities it is using. Every institution and agency, whether public or private, is required to afford the division reasonable opportunity to examine or consult with children and youth committed to the division who are for the time being in the custody of the institution or agency. (c) Control of children and youth.-Placement of a child or youth by the division in any institution or agency not operated by the division, or the release of such child or youth from such an institution or agency, shall not terminate the control of the division over such child or youth. No child or youth placed in such institution or under such an agency may be released by the institut;ion or agency without the approval of the division. (Acts 1963, pp. 81, l04.) 99-213. Diagnosis, treatment and handling of delinquents committed to the division; miscellaneous.-When any child or youth is adjudged to be in a state of delinquency under provisions of Georgia statutes and the court does not release such child or youth unconditionally, or place him on probation, or in a suitable public or private institution or agency, the court may commit him to the division: Provided, however, that no delinquent child or youth shall be committed to the division until the division certifies to th.e Governor that it has facilities available and personnel ready to assume responsibility for delinquent children and youth. (a) Preliminary disposition by court.-When the court commits a delinquent child to the division, it may order him conveyed forthwith to some place of detention approved or established or designated by the division, or direct that he be left at liberty until otherwise ordered by the division under such conditions as will insure his availability and submission to any orders of the division. The court shall assign an officer or other suitable person to convey such delinquent child to any facility designated by the division, provided that the person assigned. to SociAL WELFARE. 99-2ll (2) Shelter care prior to examination and study or pending hearing before juvenile court; (3) Detention prior to examination and study or pending hearing before juvenile court; (4) Study and diagnosis pending determination of treatment or hearing before juvenile court. (e) State institutional facilities, including the existing institutions, to-wit, the Training Schools for Boys and Girls located at Adamsville, Milledgeville and Augusta, Georgia, and additional facilities designed to afford specialized and diversified programs, i.e., open institutions. closed institutions, forestry camps, ranches, and group residences, for the care, treatment and training of children and youth of different ages, and emotional, mental and physical conditions. (f) Regulation of child placing and child caring agencies by: (1) Setting standards for, and providing consultation and making recommendations concerning establishment and incorporation of all such agencies; (2) Licensing and inspecting regularly all such agencies to insure their adherence to established standards as prescribed by the division. (g) Adoption services as follows: (1) Supervise the work of all child placing agencies; (2) Provide services to parents desiring to surrender children for adoption as provided for in adoption statutes; (3) Provide care, or payment of maintenance costs, for mothers bearing children out of wedlock and children being considered for adoption; (4) Inquire into the character and reputation of persons making application for the adoption of children; (5) Place children for adoption. (h) Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youth authorized in this Chapter. The division is hereby authorized to disburse State funds to match Federal funds in order to provide qualified employees with graduate or post-graduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to provisions of Article VII, Section I, Paragraph [I, Subsection 7, 2-5402] of the Constitution of Georgia. (i) Miscellaneous.-The division is authorized to provide medical, hospital, psychiatric, surgical, or dental services, or payment of the costs of such services, as may be needed in connection with services and care rendered as provided in this section of this Chapter. The division may, when necessary, make use of and pay for any needed services or facilities, whether operated or provided under public or private auspices, in carrying out any duties and functions authorized or required by law with respect to providing of child welfare and youth services: Provided, that any payments therefor shall be computed on a per capita basis and shall be made only with respect to children and youth and mothers bear- 99-213 SOCIAL WELFARE. (3) Order reconfinement or renewed relec:se as often as conditions indicate to be desirable; or (4) Revoke or modify any order of the division affecting a child, ex- ,, cept an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge him from control of the division when it is satisfied that such discharge will best serve his welfare and the protection of the public. (e) Types of treatment permitted.-As a means of correcting the socially harmful tendencies of a delinquent child committed to it, the division may: (1) Require participation by him in moral, academic, vocational, ' physical and correctional training and activities; (2) Require such modes of life and conduct as may seem best adapted to fit and equip him for return to full liberty without danger to the public; (3) Provide such medical, psychiatric, or casework treatment as is necessary; (4) Place children who are physically fit in parks, maintenance camps, forestry camps or on ranches owned by the State or by the United States, and require boys so housed to perform suitable conservation and maintenance work: Provided, that the boys shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabilitate the boys rather than to make the camps self-sustaining. (f) Power to establish additional facilities.-When funds are available, the division may: (1) Establish and operate places for detention and diagnosis of all delinquent children committed to it; (2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits, and different mental and physical conditions, according to their needs; (3) Establish parole or after-care supervision to aid children given conditional release to find homes and employment, and to otherwise assist them to become reestablished in the community and to lead socially acceptable lives. (g) Transfer of the mentally ill and mentally defective.-Whenever the division finds that any delinquent child committed to the division is mentally ill or mentally defective, the division shall have the power to return such delinquent child to the court of original jurisdiction for appropriate disposition by that court, or may, if it so desires, request the court in the county in which the training school or other facility is located to take such action as the condition of the child may require. (h) Escape and apprehension.-A boy or girl committed to the division as a delinquent child and placed by it in any institution or facility, who has escaped therefrom, or who has been released under supervision SociAL WELFARE. 99-213 convey a girl must be a female. The cost of conveying such child committed to the division to the facility designated by the division shall be paid by the county from which such child is committed, provided, that no compensation shall be allowed beyond the actual and ne.cessary expenses of the party conveying and the child conveyed. (b) Notification and duty to furnish information.-\Vhen a court commits a delinquent child to the division, the court shall at once forward to the division a certified copy of the order of commitment, and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the division all pertinent information in their possession in respect to the case. Such reports shall, if the division so requests, be made upon forms furnished by the division or according to an outline provided by the division. (c) Diagnosis of committed children,-(1) When a delinquent child has been committed to the division, the division shatl, under rules and regulations established by the board, forthwith examine and study the child and investigate all pertinent circumstances of his life and behavior. The division shall make periodic reexaminations of all delinquent children within its control, except those on release under supervision of the division or placed in foster homes by the division. Such reexaminations may be made as frequently as the division considers desirable, and shall be made with respect to every child at intervals not exceeding one year. Failure of the division to reexamine a delinquent child committed to it, or to reexamine him within one year of a previous examination, shall not of itself entitle the child to discharge from control of the division but shall entitle the child to petition the committing court for an order of discharge, and the court shall discharge him unless the division upon due notice satisfies the court of the necessity of further control. (2) The division shall keep written records of all examinations and reexaminations and of conclusions based thereon, and of atl orders concerning the disposition or treatment of every delinquent child subject to its control. Records as may be maintained by the division in respect to a delinquent child committed to the division shalt not be public records but shall be privileged records and shalt be disclosed by direction of the director to those persons having a legitimate interest therein only upon order of a court of record. (d) Determination of treatment.-When a delinquent child has been committed to the division and a diagnostic study for the purpose of determining the most satisfactory plan for his care and treatment has been completed, the division may: (1) Permit him his liberty under supervision and upon such conditions as the division may believe conducive to acceptable behavior; or (2) Order his confinement under such conditions as the division may believe best designed to serve his welfare and as may be in the best nterest of the public; or 99-214 SOCIAL WELFARE. fined in section 99-203, subparagraph (r), shall be licensed annually by the Division for Children and Youth in accordance with procedures, standards, rules and regulations to be established by the board. The board shall develop and publish standards for licensing of child welfare . agencies. A license issued to a child welfare agency shall be deemed :! approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised and used by the licensed agency as a part of its work, subject to provisions of this Chapter and rules and regulations of the board. (b) Assistance in meeting standards and placing children.-The division shall assist applicants or licensees in meeting standards of the division, and if a licensee is, for any reason, denied renewal of a license, or if a license is revoked, or if any applicant for license cannot meet division standards, the division shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some other licensed child welfare agency, or assist in returning them to their , own homes, or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved. (c) Issuance of Iicense.-Application for license shall be made to the division .upon forms furnished by the division. Upon receipt of an application for license, and upon presentation by the applicant of evidence that. tne child welfare agency meets the standards prescribed by the division, the division shall issue such child welfare agency a license for a one-year period. (d) Temporary Iicense.-If the division finds that any child welfare agency' applicant does not meet standards prescribed by the division but is attempting to meet such standards, the division may, in its discretion, issue a temporary license to such child welfare agency, but such temporary license shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed standards of the division, the division may, in its discretion, reissue such temporary license for one additional period not to exceed one year. (e) Display of license.-All child welfare agencies shall prominently display the license issued to such agency by the division at some point near the entrance of the premises of such agency that is open to view by the public. (f) Hearing on denial of the application.-Upon written notice that an application for a license has been denied, such notice to be provided the applicant therefor by registered mail, return receipt requested, the applicant requesting such license may within 10 days of receipt of such notice request in writing a hearing before the board. The board shall grant such applicant a hearing within 90 days of the date of receipt of such request by the division. (g) Revocation of license; hearing.-Licenses may be revoked at any time before the expiration date thereof upon 90 days notice in writing ~~~.~''~:"'---------S-o-ciA-L-W-EL-FA-RE-. -_;~99_-_21_4 and broken the conditions thereof, may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or by any officer employed or designated by the division, and may be kept in custody in a suitable place designated by the division and there detained until such boy or girl may be returned to the custody of the division. Such taking into custody shall not be termed an arrest. (i) Clothing, money, and transportation furnished on release.-The division shall insure that each delinquent child it releases under supervision, or otherwise, has suitable clothing, transportation to his home or to the county in which a suitable home or employment has been found for him, and such an amount of money as the rules and regulations of the division may authorize. The expenditure for clothing and for transportation and the payment of money to a delinquent child released may be made from funds for support and maintenance appropriated by the General Assembly to the division or to the institution from which such child is released, or from local funds. (j) Termination of controL-Every child committed to the division as a delinquent, if not already discharged, shall be discharged from custody of the division when he reaches his 21st birthday. (k) Civil right.~Commitment of a delinquent child to the custody of the division shall not operate to disqualify such child in any future examination, appointment or application for public service under the Government either of the State or of any political subdivision thereof. (I) Use of records.-A commitment to the division shall not be received in evidence or used in any way in any proceedings in any court except in subsequent proceedings for delinquency involving the same child, and except in imposing sentence in any criminal proceeding against the same person. (m) Records and information.-The division shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the division shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the division and shall tabulate, analyze, and publish annually these data so that they may be used to evaluate the relative merits of methods of treatment. The division shall cooperate with courts and public and private agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, informations, and petitions filed, and the disposition made thereof, and other information useful in determining the amount and causes of juvenile delinquency in this State. (Acts 1963, pp. 81, 105.) Cross-reference.-Assisting escape o.f child in custody of division, see 99-9901. 99-214. Placement of children; licensing and inspection of child welfare agencies.- (a) Annual license; standards.-All child welfare agencies., as de- 99-214 SOCIAL WELFARE. agencies, in placing children in foster family homes, shall safeguard the welfare of such children by thoroughly investigating such home and the character and reputation of the persons residing therein, and shall adequately supervise each home during the period of care. All children placed in foster family homes shall, as far as is practicable, be placed with persons of the same religious faith as the children themselves, or the children's parents. (1) Inspection of licensed agencies.-It shall be the duty of the division to inspect at regular intervals all licensed child welfare agencies :within the State, to include all family boarding homes, foster family i. homes, and family day-care homes used by such agencies. The division ; shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee. (m) Investigation of reported deficiencies.-If any flagrant abuses, derelictions or deficiencies are made known to the division or its duly authorized agents during their inspection of any child welfare agency, or if, at any time, such is reported to the division by at least two reputable citizens, the division shall immediately investigate such matters and take such action as conditions may require. (n) Management to be informed of deficiencies; revocation of license. -If abuses, derelictions or deficiencies are found in the operation and management of any child welfare agency, the same shall be brought immediately to the attention of the management of such agency, and if the same are not corrected within a reasonable time, the division shall revoke the license of such agency in the manner prescribed above for revocation of licenses. (o) Annual reports of agencies.-Each child welfare agency shall make an annual report of its work to the division in such form and at such time as the division shall prescribe. The division shall prepare and , supply child welfare agencies with all forms needed for the purpose of providing the division with information as may, from time to time, be required by the division. (p) Public agencies; inspection and report.-Child welfare agencies , and other facilities and institutions wherein children and youth are detained operated by any department or agency of State, county or munici- 1 pa} government shaH not be subject to license under the provisions of this section, but the division may, through its authorized agents, make periodic inspections of such agencies, facilities and institutions. Reports of such inspections shall be made privately to the proper authorities in charge of such agencies, facilities or institutions. The division shall cooperate with such authorities in the development of standards that will adequately protect the health and well-being of all children and youth detained in such agencies, facilities and institutions or provided care by the same. The division may recommend changes in programs and policies and if, within a reasonable time, the standards established by the division and the recommendations of the division are not met, it shall SociAL WELFARE. 99-214 by the Director to the licensee. Such notice shall contain a statement of causes for revocation and shall be mailed to the licensee by registered mail, return receipt requested. The licensee may, within 10 days of receipt of such notice, request in writing a hearing before the board. The board shall grant such licensee a hearing within 90 days of the date of receipt of such request by the division. (h) Conduct of hearing.-Hearings provided for in this section may be held at any place designated by the board. The board shall provide by regulation for notice, conduct of hearings before the board, and for the presentation of evidence to the board. Hearings shall be open to the public. The board is hereby authorized to visit and inspect the premises, records and children and youth of any child welfare agency involved in any hearing and consider such facts and findings as may thereby be developed by the board in reaching a final determination in the matter before the board. The board may appoint a committee to consist of not less than 10 of the members and ex-officio members of the board for the purpose of hearing and determining matters provided for in this section: Provided, however, that at least eight members of such committee shall in each case be present at and participate in the hearing and in the determination of the matter before the committee. The board or the committee, if such a committee be appointed, shall within 45 days after termination of such hearing, or within 45 days after rehearing or reargument, should the board or committee grant the same, enter up an order covering the matters involved in the hearing, rehearing or reargument, and provide copies of same to the persons entitled thereto. (i) Judicial review.-Any applicant or licensee aggrieved by the decision of the board or the decision of the committee, as the case may be, may obtain judicial review thereof by filing a petition in the superior court of the county where the child welfare agency concerned is located. The petition shall plainly specify the action complained of, set forth the relief sought, and facts and circumstances supporting the petitioner's right to such relief. Review of the action complained of in the petition shall be de novo. The court may in its discretion, whether or not the same be prayed for in the petition, remand such matter for further proceedings or findings on terms specified in the order of the court. Proceedings for review of a final judgment of the court shall follow the course which is now or may hereafter be prescribed for civil actions originating in the superior courts. (j) Receiving children.-Child-caring institutions and child-placing agencies, when licensed in accordance with provisions of this section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary or continued care. Parents, guardians, custodians or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care. (k) Selection and supervision of foster homes.-Child-placing 99-216 SoCIAL WELFARE. r s~u-i-t-ab-l-e--h-o-m-e--f-o-r -t-h-e-c-h-i-ld-.--S-u-c-h--n-ot-i-fi-c-a-ti-o-n--sh-a-l-l-s-t-a-te--t-h-e--n-am--e-, -a-g-e>~'~ and personal description of the child, the name and address of the person ':. I. with whom the child is to be placed, and such other information as may ; be required by the division. The person bringing or sending such child ~ into the State shall report at least once each year, and at such other ~ times as the division shall direct, as to the location and well-being of the ! child so long as such child sha1l remain within the State and until he :~ shall have reached the age of 18 or shall have been legally adopted. ; (Acts 1963, pp.. 81, 115.) , ! 99-216. Power to contract; delegation of power.-The board shall: have the power and is hereby authorized: (a) To enter into contracts with Federal, State, county and municipal ' governments, and agencies and departments of the same; public and private institutions and agencies of this and other States; and individ- uals, as may be necessary or desirable in effectuating the purposes of this Chapter. (b) To enter into contracts and cooperative agreements with prover authorities of the State Department of Family and Children Services and county or district departments of family and children services as may be necessary or desirable in effectuating the purposes of this , Chapter. (c) To enter into reciprocal agreements with appropriate public and; private institutions and agencies of other States relative to providing' child welfare and youth services to nonresident chilqren and youth, and to cooperate with such institutions and agencies in establishment and operation of group care facilities appropriate for social stu'dy, treatment and rehabilitation of children and youth. (d) To accept children and youth from Federal courts and provide the same social services within the scope of this Chapter for compensation and under such terms as may be agreed upon. The board may author- ize the Director to enter into contracts and agreements provided for in this section subject to the approval of the board, or may, through ap- propriate action of the board, delegate such authority to the Director. (Acts 1963, pp. 81, 116.) 99-217. Power to accept and use gifts.-The board is hereby authorized and empowered to receive, accept, hold and use on behalf of the State, and for purposes provided for in this Chapter, gifts, grants, donations, devises and bequests of real, personal and mixed property of every kind and description. (Acts 1963, pp. 81, 117.) 99-218. Legal proceedings.-The Director is hereby authorized t~ institute or to intervene in any legal proceedings necessary to the performance of duties and responsibilities of the division; to the enforceJ ment of provisions of this Chapter and provisions of policies, standards! rules and regulations established by the board in conformity with proj visions of this Chapter; as may be commensurate with the legal status! SOCIAL WELFARE. 99-215 ., be the duty of the Director of the division to make public in the community in which such agency, facility, or institution is located the re- 1,. port of the above-mentioned inspection and the changes recommended by the division. If any serious abuses, derelictions or deficiencies are found and are not corrected within a reasonable time, the Director shall report the same in writing to the Governor. (q) Penalty for unlicensed operation.-Any child welfare agency that shall operate without a license issued by the division shall be guilty of a misdemeanor and shall be fined not less than $50, nor more than $200 for each such offense. Each day of operation without a license shall constitute a separate offense. (r) Unlicensed placement of children for care or adoption.-No per- son, agency, hospital, maternity home, institution, or official, public or private, in this State shall receive or accept a child under 17 years of age for placement or adoption, or place such a child either temporarily or permanently in a home other than the home of the child's relatives, without having been licensed by the division. Violation of this provision shall be punishable by fine of not less than $100 nor exceeding $500 for each offense. (s) Effective date.-The provisions of this Chapter shall become effective as follows: The division shall prepare standards for child wel- fare agencies and application forms for licenses as required herein no later than October 1, 1%3. All child welfare agencies coming within the scope of provisions of this section shall secure, prepare and submit to the division apQlication for license as required herein no later than January 1, 1%4. The division shall approve or reject all applications for child welfare agency licenses no later than July 1, 1964, and no child welfare agency coming within the scope of provisions of this section shall continue to operate beyond said date without having been licensed by the division. (Acts 1963, pp. 81, 110.) 99-215. Children brought into State for placement; bond; notification; reports.-No person shall bring or send into the State any child for the purpose of placing him or procuring his adoption without first filing notice with the Division for Children and Youth. He shall file with the division a bond payable to the State for each child he intends to send or bring approved by the division, in the "Penal sum of $1,000, conditioned that he will not send or bring into the State any child who is incorrigible or unsound in mind or body; that he will remove any such child who becomes a public charge or who, in the opinion of the division, becomes a menace to the community prior to his adoption or becoming of legal age; that the person with whom the child is placed shall be responsible for his proper care and training. Before any child shall be brought or sent into the State for the purpose of placing him in a foster home, the person so bringing or sending such child shall first notify the division of his intention, and shall obtain from the division a certificate stating that such home is, in the opinion of the division, a 99-401 SociAL WELFARE. mission, and was based upon Acts 1922, pp. 71, 72; 1931, pp. 7, 20. That Chapter was repealed by Acts 1959, p. 55. The present Chapter has no relation in subjectmatter with the former law. 99-401. Effect upon eligibility to receive benefits where residence : sold through governmental action.-Notwithstanding any other law, ' rule or regulation to the contrary, an individual who is otherwise quali- . fied to receive any benefits administered by the State Department of . Family and Children Services shall not become ineligible to continue to receive such benefits because of the receipt of compensation by such individual from the sale or acquisition of any real estate used as the residence of such individual as the result of displacement through the necessity of governmental sale or acquisition of such apc trioopne rwt yh.i cShudc hi r eicntdl yi v iodruianl dmi r eacyt l yrecceaiuvsee ss ut hc he compensation, hold, invest, and reinvest the proceeds thereof in any manner whatsoever and continue to receive such benefits if he shall remain otherwise qualified: Provided, however, this section shall not ' become effective until approved by the United States Department of Health, Education and Welfare. (Acts 1963, p. 616.) Editorial Note.-The words "family and children services" have been substituted for "public welfare" in this section in accordance with 99-102. CHAPTER 99-5. COUNTY DEPARTMENTS OF FAMILY AND CHILDREN SERVICES. Sec. 99-501. 99-502. 99-503. 99-504. 99-505. 99-506. 99-507. 99-508. Establishment; component parts. District departments. County hoards. County director of family and children services; appointment, qualifications, tenure, salary, and bond. Duties of the county director: selection of staff. Activities. County staff. County appropriations. Sec. 99-509. 99-510. 99-511. 99-512. 99-513. Suspension or removal of member of county board or of ' county director. Duty of State Merit Council to remove county director for falsifying qualifications; director's application controlling. Duty of county boards to maintain roll book for public inspection. Use of names on list restricted. Destruction of records. Editorial Note.-The words "public welfare" have been changed to "family and children services" wherever they appear herein. See 99-102 and Editorial Note. 99-501. Establishment; component parts.-There shall be established in each county of the State a county department of family and children services which shall consist of a county board of family and children services, a county director of family and children services, and such additional employees as may be necessary for the efficient performance of the welfare services of the county. (Acts 1937, pp. 355, 363.) 99-502. District departments.-\Vith the approval of the State Department, two or more counties may, however, unite and form a district department of family and children services, in which case each county composing the districts shall appoint a county board of family and chi!- SociAL WELFARE. 99-221 of the division to a child or youth committed to the care, custody or control of the division; or as may otherwise be specifically provided : for herein. (Acts 1963, pp. 81, 117.) 99-219. Annual report.-The Director shall prepar~ and publish an : annual report on the operation of the division and county departments of family and children services and submit the same to the Governor, the board, and all interested persons, officials, agencies and groups, public or private. The report shall contain, in addition to information, statistics and data as may be required by other provisions of this Chapter, a comprehensive analysis of performance of child welfare and youth services throughout the State during the period covered by the report; a study of present and a projection of future requirements for such services throughout the State, to include facilities and funds as may be required therefor; and such other information and recommendations of the Director as may be suitable. (Acts 1963, pp. 81, 117.) 99-220. Budget.-The Director shall biennially, or as may otherwise from time to time be required by law, prepare and submit to the board, in the form, manner and within the time prescribed by law, a proposed budget of funds necessary to be appropriated by the General Assembly for operation of the Division for Children and Youth during the years covered by the proposed budget. The proposed budget shall, upon approval by the board, be forwarded to the Director of the Department of Family and Children Services and shall be incorporated into the proposed budget of said department. (Acts 1%3, pp. 81, 118.) 99-221. Existing charters of charitable institutions.-Nothing in this Chapter shall be deemed to revoke any charter or incorporation of any orphans' home, charitable or benevolent institution incorporated and established under provisions of the Act of the General Assembly approved December 18, 1894 (Ga. L. 1894, p. 80), as amended by the Act of the General Assembly approved December 16, 1898 (Ga. L. 1898, p. 104), and codified in former Chapter 35-5 of the Code of Georgia ::>f 1933, or to impair or diminish the rights, powers or privileges of such corporations as provided in said charter of incorporation. (Acts 1963, pp. 81' 118.) CHAPTER 99-3. PLACEMENT OF CHILDREN. Editorial Note.-This entire Chapter was repealed by Acts 1963, pp. 81, 120. It was formerly based upon Acts 1922, pp. 72-77; 1931, pp. 7, 20. For coverage of family and children's services, see Chapter 99-2. CHAPTER 99-4. MISCELLANEOUS PROVISIONS. Sec. 99-401. Effect upon eligibility to receive benefits where residence sold through governmental<. action. Editorial Note.-This Chapter was formerly devoted to the Children's Code Com- 99-505 SociAL WELFARE. Director of the State Department of Family and Children Services one name for appointment to this position. The Director of the State Department of Family and Children Services is hereby designated as the appointing authority for said department and shaJJ have the power to transfer from one county to another or from one district to another any employee of a county department of family and children services. The county director shall give bond for the faithful performance of his duties and the faithful accounting of all moneys coming into his hands as such director, in such a manner and under such terms and conditions as may be prescribed by the State Department. (Acts 1937, pp. 355, 364; 1951, pp. 282, 283.) 99-505. Duties of the county director; selection of staff.-The county director shall serve as the executive and administrative officer of the county dep~rtment and shall be secretary of the county board. He shall , prepare and submit to the county board for its approval an annual budget of all funds necessary for the county department. He shall prepare annually a full report of the operations and administration of the county departme~t. The county department staff necessary to administer welfare activities within the county shall be appointed by the county board upon the recommendation of the county director in accordance with rules and regulations of the State Department of Family and Children Services and subject to the approval of the Director of the State Department. (Acts 1937, pp. 355, 365; 1963, pp. 222, 223.) Editorial Note.-Acts 1963, pp. 222, 223, entirely superseded 1he former section. 99-508. County appropriations.-The county commissioner or board of commissioners, or the constituted fiscal or financial agent of the county shall make appropriations to maintain the necessary welfare service within the cotmty and to defray the cost of the administration of these services. In the case of a district department of family and children services, each county forming a part of said district shall appropriate funds necessary to care for the welfare activities of the individual county, and the administrative expenses of the district department shall be defrayed by all of the counties in said district in the proportion that the population of each county bears to the population of the entire district. Nine-tenths of the administration cost of the county department shall be reimbursed to the county by the State Director of Social Security from funds appropriated or made available for this purpose, if the county department is operated in accordance with rules and regulations prescribed by the State Department. For the purpose of this Chapter, administrative expenses shall mean salaries of the director of family and children services and other employees of the staff of the county department engaged in the performance of welfare services for which the State makes contribution, and the necessary traveling expenses of the county board and the administrative staff in the performances of the aforesaid services. Suitable office space and necessary equipment and supplies shall be provided for the county department by the county SociAL WELFARE. 99-504 . dren services as hereinatter provided, and those boards acting together 1 shall constitute the district board and shall select one director of family" and children services and administrative staff to serve the entire district. All duties and responsibilities set forth in this Chapter for county departments of family and children services shall also apply to district departments of family and children services. (Acts 1937, pp. 355, 363.) 99-503. Cotmty boards.-The county board of family and children services shall consist of five members who shall be appointed by the Director of the State Department of Family and Children Services on the recommendation and nomination of the county commissioner or board of commissioners, or other constituted fiscal or financial agent of the county. Such commissioner or commissioners, or fiscal or financial agent, shall recommend and nominate to the Director of the State Department of Family and Children Services three influential and respected citizens, recognized for their demonstrated interest in family and children services provided by the county department, for each position on the county board to be filled by the Director: Provided. however, that no elected officer of the State or any subdivision thereof shall be eligible for appointment to the board. The term of office of members of the county board shall be for five years, except that upon the expiration of the terms of the present members of said board one member shall be appointed for a one-year term; one member for a twoyear term; one member for a three-year term; one member for a fouryear term, and one member for a five-year term. The Director of the State Department may provide rules and regulations governing selection of persons to serve as chairman and vice chairman of said boards. Appointments to fill vacancies caused by death, resignation or removal before the expiration of a term shall be made for the remainder of such term in the same manner as herein provided for original appointments. Members of the county board shall serve without compensation, except that they shall be reimbursed for traveling and other expenses actually incurred in the performance of their official duties. In the event that the county commissioner or commissioners, or county fiscal or financial agent, shall fail to recommend and nominate persons to fill vacancies on the county board as requireJ by this Chapter, then the Director may appoint members to fill such vacancies absent such recommendation and nomination: Provided, however, the gross expenses so assessed against a county shall not exceed the amount of the budget of said county previously set aside and levied by said county authorities for said purpose. (Acts 1937, pp. 355, 364; 1943, pp. 202, 203; 1963, p. 222.) Editorial Note.-Acts 1963, p. 222, entirely superseded the former section. 99-504. County director of family and children services; appointment, qualifications, tenure, salary, and bond.-It shall .be the duty of the county board of family and children services upon procuring from the State merit system of personnel administration a register of qualified applicants for county directors to recommend from said register to the 99-512 SociAL WELFARE. Assistance Act of 1965 (Acts 1965, p. 385), codified as Chapter 99-29, and expressly enacted in lieu of prior laws. 99-512. Use of names on list restricted.-(Based upon Acts 1952, p. 249. Repealed by Acts 1965, pp. 385, 394.) r. Ee 99-102 and Editorial Note thereunder. Acts 1949, pp. 544, 545, repealed former 99-804 to 99-807, which were based upon Acts 1937, pp. 5~9, 581. The p_resent s.ection was formerly numbered 99-808, but it has, together wtth the followmg sections, been renumbered to take the place of the deleted matter. 99-805. Management of factory; board of managers.-Said factory is a State institution under the direction and supervision of the Department of Family and Children Services. The management of said factory shall be by a board of managers, appointed by the Governor, of seven citizens of the State, at least four of whom shall be experienced manufacturers interested in the relief of the blind and one blind citizen of Georgia who shall serve at the pleasure of the Governor, and, in addition thereto, the following shall be ex-officio members of said board, namely: the State Treasurer, the State Superintendent of Schools, the Director of Family and Children Services, the State Supervisor of Purchases, and the State Supervisor of Vocational Rehabilitation: Provided that the Governor may at any time abolish said board by executive order and transfer its functions to the Department of Family and Children Services. (Acts 1949, pp. 544, 545; 1960, pp. 172, 173.) Editorial Note.-Acts 1960, p. 172, entirely superseded this section. 99-806. Authority, duties, compensation, etc. of board of managers.Said board of managers shall serve without pay except that they shall receive actual traveling expenses when in the performance of their duties. They shall elect a chairman of the board and factory superintendents and foremen for the white and colored sections of such factory. The board of managers shall give preference to blind persons with the skill and experience to perform such jobs. Said board shall have full authority to provide for the equipment, maintenance and management 99-904 SOCIAL WELFARE. and care the Department of Family and Children Services is responsible, and who has been placed in a foster family home as a result of such i determination, and who received aid to dependent children for the month in which court proceedings leading to such determination were initiated. "Assistance" means money payments to, or medical care in behalf of, or any other type of remedial care recognized under State law, or foster care in behalf of a dependent child or dependent children and includes money payments or medical care or any type of remedial care recognized under State law, or foster care provided during any month to meet the .\ needs of the relatives with whom any dependent child is living if money payments have been made under the State plan with respect to such : child for such month. For the purposes of this Chapter, the term "foster family home" means a foster home for children which is licensed or approved by the State Department of Family and Children Services. (Acts 1937, pp. 630, 631; 1950, pp. 307, 308; 1957, pp. 368, 371; 1%3, pp. 291, 292; 1964, pp. 125, 126.) Editorial Note.-"Assistance" was redefined by Acts 1957. This Act was to become effective upon the appropriation of the necessary money by the General Assembly or the allocation of funds by the State Budget Bureau to the State Department of Public Welfare (now State Depa,rtment of Family and Children Services). Acts 1963, pp. 291, 292, redefined "dependent child" and "assistance." This Act added the definition for "foster fam-ily home." The effective date of the 1963 Act was July 1, 1963. The words "family and children services" have been substituted for "public welfare" wherever they appeared irt this section in accordance with 99~102. Acts 1964, pp. 125, 126, purported to amend this section only by striking the figure "16" as it related to the age of dependent children, and by substituting therefor: "18 years, who is in attendance in a public school, private school or vocational school or who, due to disability or illness, is unable to attend school and." However, the 1964 Act then set out the "dependent child" paragraph "to read" without certain amendatory language added since the publication of the original Chapter. Since there was no expressed intent to repeal such language, the section has been reproduced with only the change specifically made by the Act of 1964. Cited. 217/155, 160 (121 S. E. 2d 821). 99-904. Amount of assistance.-(Based upon Acts 1937, pp. 630, 632. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-This section was repealed by the Georgia Public Assistance Act of 1965 (Acts 1965, p. 385), codified as Chapter 99-29, and expressly enacted in lieu of prior laws. 99-907. Application for assistance.-(Based upon Acts 1937, pp. 630, 633. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-This section and 99-908 were repealed by the Georgia Public Assistance Act of 1965 (Acts 1965, p. 385), codified as Chapter 99-29 and expressly enacted in lieu of prior laws. ' 99-908. Investigation of applications.-(Based upon Acts 1937, pp. 630, 634. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-See Editorial Note following 99-907. SociAL WELFARE 99-902 one year from the date of such leaving and resume his former seniority and employee privileges. (Acts 1960, pp. 172, 174.) CHAPTER 99-9. ASSISTANCE TO DEPENDENT CHILDREN. Sec. 99-902. 99-904. 99-907. 99-908. 99-910. 99-911. 99-912. 99-913. Definitions. Amount of assistance. Application for assistance. Investigation of applications. Granting of assistance. Appeal to State Department. Decisions of State Department final. Periodic reconsideration and changes in amount of assistance. Sec. 99-915. County appropriations. 99-916. Reimbursement by State Department. 99-920. Contributions by counties; enforcement of section. 99-921. Emergency allowance. 99-922. Use of funds for demonstration project purposes. Crou-reference.-Legal representative to manage assistance benefits, see 99-2801 et seq. Editorial Note.-The words "public welfare" have been changed to "family and children services" wherever they appear herein. See 99-102 and Editorial Note. By Resolution, Acts 1961, p. 231, the General Assembly deplored the existing policy of the Federal Government toward relief for illegitimate children, stating that such policy encourages illegitimate births through unwise welfare payments. 99-902. Definitions.-As used in this Chapter: "State Department" means the State Department of Family and Children Services created by the Welfare Organization Act of 1937 (Chapter 99-1). "County department" means the county or district department of family and children services of each of the several counties in this State created by the 1937 Act (Chapter 99-5). "Dependent child" means a needy child under the age of 18 years, who is in attendance in a public school, private school or vocational school or who, due to disability or illness, is unable to attend school and who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives are not able to provide adequate care and support of such child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, or aunt, in a place of residence maintained by one or more of such relatives as his or their own home: Provided, however, that in the event a child receiving assistance ceases to live with one of the relatives specified above due to the death of such relative or other emergency, the child's status as a dependent child shall continue for a temporary period during such emergency: Provided, further, the term "dependent child" shall also include a child who otherwise meets the criteria of the definition of a dependent child except for his removal from the home of a relative specified in the law as a result of a judicial determination to the effect that continued living therein would be detrimental to the welfare of the child, for whose placement 99-921 SociAL WELFARE. claim which any county may have upon the State treasury of such . amount as the county may owe to the special fund for old age assistance, aid to the blind and aid to dependent children, and to provide for the ', payment into said funds of such amount thus set off. (Acts 1950, pp. 314, :: 315; 1963, pp. 576, 577.) ' Editorial Note.-Acts 1963, pp. 576, 577, rewrote the first sentence of this section. , The words "family and children services" have been substituted for "welfare," . wherever the word appeared, in accordance with 99-102. 99-921. Emergency allowance.-(Based upon Acts 1952, pp. 363, 364. : Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-This section was repealed by the Georgia Public Assistance Act of 1965 (Acts 1965, p. 385), codified as Chapter 99-29, and expressly enacted in lieu of prior laws. 99-922. Use of funds for demonstration project purposes.-The State Department of Family and Children Services i$ authorized to make application for, receive and disburse funds granted by the Department of Health, Education and Welfare for demonstration project purposes on behalf of children 16 through 19 years of age who are in families receiving aid to families with dependent children grants, for educational and training purposes: Provided no State funds appropriated for such program are used therefor for grants or salaries of personnel employed, but sucp funds are either Federal, local county tax funds, or those voluntarily contributed by others. (Acts 1964, pp. 125, 126.) CHAPTER 99-9A. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT. Sec. 99-901a. 99-902a. 99-903a. 99-904a. 99-905a. 99-906a. 99-907a. 99-908a. 99-909a. 99-910a. 99-9lla. Short title. Purposes. Definitions. Remedies addition to those now existing. Exten't of duties of support; proceedings where parties are residents of different counties of this state. Interstate extradition or rendition of persons failing to comply with law. Choice of law for enforcement; presumption of presence within responding State. Remedies of a State or political subdivision thereof furnishing support. How duties of support are enforced. Contents of petition for support. Officials to represent plaintiff. Sec. 99-9!2a. Petition for a minor. 99-913a. Duty of court of this State as initiating State. 99-914a. Costs and fees. 99-915a. Jurisdiction by arrest. 99-916a. Attorney General as State m formation agency. 99-917a. Duty of the court of this Stat as responding State. 99-918a. Further duty of responding court. 99-919a. Procedure. 99-92Ua. Order of support. 99-92la. Responding State to transmit copies to initiating State. 99-922a. Additional powers of court. 99-923a. Additional duties of the court of I this State when acting as a responding State. 99-924a. Additional duty of the court of this State when acting as an initiating State. 99-925a. Evidence of husband and wife. I _ SociAL WELFARE. 99-920 99-910. Granting of assistance.-(Based upon Acts 1937, pp. 630, 634; 1951, p. 692; 1952, pp. 253, 254. Repealed by Acts 1%5, pp. 385, 394.) Editorial Note.-This section and 99-911 through 99-913 were repealed by the Georgia Public Assistance Act of 1965 (Acts 1965, p. 385), codified as Chapter 99-29, and expressly enacted in lieu of prior laws. 99-911. Appeal to State Department.-(Based upon Acts 1937, pp. 630, 635. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-See Editorial Note following 99-910. 99-912. Decisions of State Department final.-(Based upon Acts 1937, pp. 630, 635. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-See Editorial Note following 99-910. 99-913. Periodic reconsideration and changes in amount of ass~stance. -(Based upon Acts 1937, pp. 630, 635. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-See Editorial Note following 99-910. 99-915. County appropriations.- Editorial Note.-As to redesignation of "State Department of Public Welfare" as "State Department of Family and Children Services" and "county departments of public welfare" as "county departments of family and children services," see . 9-9-102 and Editorial- Note thereunder. 99-916. Reimbursement by State Department.- Editorial Note.-See Editorial Note following 99-915. 99-920. Contributions by counties; enforcement of section.-The various counties of the State shall contribute five per cent. of the total costs of administration and four per cent. of the total costs of all benefits payable under this Chapter, ex~:ept that benefits paid for medical care or any type of remed_ial care recognized under State law in behalf of recipients of benefits under this Chapter shall be paid 100 per cent. from State and Federal funds. The remaining 95 per cent. of such administrative expenses and the remaining 96 per cent. of the total costs of all benefits payable under this Chapter shall be paid by the State Depart_ment of Family and Children Services and the Federal Department of Health, Education and Welfare. The Governor is hereby authorized by executive order to enforce this section. ln the event any county shaH fail or neglect, during any month, to pay to the county department of family and children services for o1d age assistance, aid to the blind and aid to dependent children, the sum of money which such county, under the provisions of this Chapter, is required to pay, then the State Treasurer is hereby authorized and required to retain the sum necessary for ' such payment out of any State funds distributable to such county for 1 any purpose except education. No statutory requirement that any distributable fund shall be used exclusively for a designated purpose shall ! be construed as preventing the State Treasurer from taking out of such ' fund the amount which any county owes under this Chapter. It is the intent of this provision to authorize and require a set-off against any 99-903a SociAL WELFARE. and any child or children under !8 years of age and residing or found in the same State or in another State having substantially similar or reciprocal laws, and, if possessed of sufficient means or able to earn such means, may be required to pay for this support a fair and reasonable sum according to his means, as may be determined by the court having jurisdiction of the defendant in a proceeding instituted under this Chapter. Notwithstanding the fact that either spouse has obtained in any State or county a final decree of divorce or separation from the other spouse or a decree dissolving their marriage, the obligor herein shall be deemed legally liable for the support under this Chapter of any dependent child of such marriage, whether or not there has been an award of alimony or support for said child or children. (b) A mother in one State is hereby declared to be liable for the support of her child or children under 18 years of age residing or found in ' the same State or in another State having substantially similar or reciprocal laws, whenever the father of such child or children is dead, or cannot be found, or is incapable of support of such child or children, and ' if she is possessed of sufficient means or able to earn such means, she may be required to pay for the support of such child br children a fair and reasonable sum according to her means, as may be determined by the court having _jurisdiction of the respondent in a proceeding instituted under this Chapter. (c) The parents in one State are hereby declared to be severally liable for the support of a child 18 years of age or older, residing or found in . the same State or in another 5tate having substantially similar or reciprocal laws, whenever such child is unable to maintain himself and is likely to become a public charge. (d) A child or children born of parents, who at any time prior or subsequent to the birth of such child, have entered into a civil or religious ! marriage ceremony, shall be deemed the legitimate child or children of both parents, regardless of the validity of such marria~e. (e) A child or children born to parents who held or hold themselves out as husband and wife by ,irtue of a common-law marriage recognized 1 as valid by the laws of the initiating State and of the responding. State shall be deemed the legitimate child or children of both parents. (f) A woman who was or is held out as wife by a man by virtue of a common-law marriage recognized as valid by the laws of the initiating State and of the responding State shall be deemed the legitimate \Yiie of such man. (g) \Vhene,er a man has been adjudicated by a court of competent jurisdiction as the father of an illegitimate child he shall be legally liable for the support of said child in the same manner as he would owe the 1 duty of support if such child were his legitimate child. (7) "Obligor" means any person owing a duty of support. SociAL WELFARE. 99-903a Sec. 99-926a. 99-927a. 99-928a. 99-929a. Rules of evidence. Application of payments. Effect of participation in pro- ceeding. Uniformity of interpretation. Sec. 99-930a. Temporary order. 99-93la. Appeal. 99-932a. Source and payment of fees of solicitors general. Cros&-reference.-Support of county poor, see Chapters 23-21, 23-22 and 23-23. Duty of parents and children to support paupers, see 23-2302. Editorial Note.-The Uniform Support of Dependents Act, Acts 1951, pp. 107 through 116, which formerly occupied this Chapter, was repealed by the Uniform Reciprocal Enforcement of Support Act, Acts 1956, pp. 703 through 715. The 1956 Act was, in turn, superseded by Acts 1958, p. 34, which now forms the basis for the Chapter. Section 29 of the 1956 Act (Acts 1956, pp. 703, 714) provides that "nothing in this Act shall be construed to invalidate any judgment, decree or court order heretofore issued under the authority of the Uniform Support of Dependents Law (Ga. L. 1951, pp. 107, et seq.), and said judgments, decrees and orders shall continue in full force and effect the same as though said Act had not been hereby repealed; and provided further that -any action now pending under said Uniform Support of Dependents Act of 1951 may be prosecuted to a conclusion under said Act unless the prosecution in said action elects to proceed under the provisions of this Act, in which latter event the court shall enter the appropriate orders to effect this purpose." Sections 29 and 30 of the 1958 Act contain similar provisions as to both former Acts. 99-901a. Short title.-This Chapter may be cited as the Uniform Reciprocal Enforcement of Support Act. (Acts 1958, pp. 34, 47.) 99-902a. Purposes.-The purposes of this Chapter are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto. (Acts 1958, pp. 34, 35.) 99-903a. Definitions.-As used in this Chapter unless the context requires otherwise. (1) "State" includes any State, territory or possession of the United States and the District of Columbia in which this or a substantially similar reciprocal law has been enacted. (2) "Initiating State" means any State in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced. (3) "Responding State" means any State in which any proceeding pursuant to the proceeding in the initiating State is or may be commenced. (4) "Court" means the superior court of this State ;;.nd when the context requires, means the court of any other State as defined in a substantially similar reciprocal law. (5) "Law" includes both common and statute law. (6) "Duty of support" includes any duty of support imposed or imposable by law, or by any court order, decree or judgment, whether in' terlocutory or final, whether incidental to a proceeding for divorce, ' judicial (legal) separation, separate maintenance or otherwise, and without limitation specifically included for the purpose of this Chapter, the following: (a) A husband in one State is hereby declared to be liable for the support of his wife in conformity with the support laws of this State, 99-907a SociAL WELFARE. or show that the person whose surrender is demanded has fled from justice, or at the time of the commission of the crime was in the demanding or other State. (b) When the extradition of an obligor in this State has been demanded by the Governor of any other State, the said obligor may be re- lieved of extradition to such other State if he submits himself to the jurisdiction of the suoerior court of this State in the county where he is found and complies with the court's order of support~ In order to submit himself to the jurisdiction of the superior court of this State, such obligor shall file with the court a verified petition containing the following information: 1. His name and permanent address; 2. The names, address and ages of his obligees m the demanding State; 3. His financial circumstances; 4. That he is willing to submit himself to the jurisdiction of the court of this Sta-te and to comply with its order of support; and 5. Such other information as he believes to be pertinent and material. (c) The court shall make a temporary order of support and shall continue the matter pending the receipt of such further information as the court ~ay deem necessary or advisable. Two certified copies of the temporary order of support shall be delivered to the office of the Governor and one plain copy shall be delivered to the solicitor general. Upon receipt of the certified copies of the order of support, the Governor may in his discretion suspend extradition proceedings so long as the obligor complies with the temporary order of support and with any other orders of support which may thereafter be entered. (Acts 1958, pp. 34, 38.) 99-907a. Choice of law for enforcement; presumption of presence within responding State.-Duties of support applicable under this Chapter are those imposed or imposable under the laws of any State where the obligor was present during the period for which support is sought. The obligor is presumed to have been present in the responding State during tne period tor wmcn support IS sought until otnerwise shown. V"\Cts 1958, pp. 34, 39.) 99-908a. Remedies of a State or political subdivision thereof furnishing support.-Whenever the State or a political subdivision thereof furnishes support to an obligee, it has the same right to invoke the provisions hereof as the obligee to whom the support was furnished for t~1e purpose of securing reimbursement of expenditures so made and of obtaining continuing support: Provided, however, that the provisions of this section shall not be invoked unless the court having jurisdiction of the matter shall be satisfied that efforts on the part of said State or political subdivision to secure reimbursement for previous support shall SociAL WELFARE. 99-906a (8) "Obligee" means any person to \\hom a duty of support is owed. (Acts 1958, pp. 34, 35.) Cross-reference.-Reduction of obligation to support person with income from estate or trust, see 23-2311. Evidence: Petitioner, former wife of respondent, brought proceeding for support of their two minor children: Held: Evidence supports award of $80 out of respondent's disability compensation of $217. 105 App. 241 (124 S. E. 2d 310); s. c., 217/431 (122 S. E. 2d 925). 99-904a. Remedies addition to those now existing.-The remedies hereby proYided are in addition to and not in substitution of any other remedies. (Acts 1958, pp. 34, 37.) 99-905a. Extent of duties of support; proceedings where parties are residents of different counties of this State.-Duties of support arising under the law of this State, \\hen applicable under section 99-907a, bind the obligor, present in this State, regardless of the presence or residence of the obligee. A proceeding to compel support under this Chapter may be maintained where both the obligee and the obligor are residents of or domiciled or found in different counties of this State. \\'henever a proceed. ing under this Chapter is so used, what has been written in other parts :of this Chapter as "initiating State" shall be read as if written "initiat. ing county," and \\here it is written as ''responding State'' shall be read as if written "responding county." (Acts 1958, pp. 34, 37.) !?ather's obligation to" minor child: Under this section, father in Georgia is liable for support of his minor child under 18 years of age, although residing in another State, and if father is possessed of sufficient means, he may be required to pay for this support. This duty rests upon father and may be enforced although either spouse has obtained final decree of divorce or separation and although there has been award for support of child in some prior proceeding. (At time of final decree of divorce Uniform Support of Dependents Law was in effect.) (101 App. 497 (1, 2) (114 S. E. 2d 302). Prior award of support for minor child is not final and unalterable so as to preclude reconsideration and adjustment under this Chapter. Id. 497 (3). 99-906a. Interstate extradition or rendition of persons failing to comply with law.-(a) The Governor of this State (1) may demand from the Governor of any other State the surrender of any person found in such other State \Yho is charged in this State with the crime of failing to prO\ide for the support of any person in this State and (2) may surrender on demand by the Governor of any other State any person found in this State who is charged in such othet State with the crime of failing to provide for the support of a person in such other State. The provisions for extradition of criminals not inconsistent herewith shall apply to any such demand although the person whose surrender is demanded was not in the demanding State at the time of the commission of the crime and although he had not fled therefrom. Neither the demand, the oath nor any proceedings for extradition pursuant to this section need state 99-9l3a SociAL WELFARE. may be brought by a person having custody of the mmor without appointment as guardian ad litem. (Acts 1958, pp. 34, 41.) 99-913a. Duty of court of this State as initiating State.-If the court :: of this State acting as an initiating State finds that the petition sets forth facts from which it may be determined that the defendant owes a duty of support and that a court of the responding State may obtain jurisdiction of the defendant or his property, it shall so certify and shall cause three copies of ( 1) the petition (2) its certificate and (3) this Chapter to be transmitted to the court in the responding State. If the name and address of such court is unknown and the responding State has an information agency comparable to that established in the initiat- ' ing State it shall cause such copies to be transmitted to the State information agency or other proper official of the responding State, with a request that it forward them to the proper court, and that the court of the responding State acknowledge their receipt to the court of the initiating State. (Acts 1958, pp. 34, 41.) 99-914a. Costs and fees.-A court of this State acting either as an initiating or responding State may in its discretion direct that any part of or alUees and costs incurred in this State, including without limitation by enumeration, fees for filing, service of process, seizure of property, and stenographic service of both plaintiff and defendant, or either, shall be paid by the State and shall direct that the solicitor general's fee be paid by the State. The court may order that when the State has paid the costs above that a fi. fa. be issued against the defendant to reimburse the State for its expenditures. Where the action is brought by or through ' the State or an agency thereof, there shall be no filing fee. (Acts 1958, 1 pp. 34, 41.) 99-915a. Jurisdiction by arTest.-When the court of this State, acting either as an initiating or responding State, has reason to believe that the defendant may flee the jurisdiction it may (a) as an initiating State request in its certificate that the court of the responding State obtain the body of the defendant by appropriate process if that be permissible under the law of the responding State; or (b) as a responding State, obtain the body of the defendant by appropriate process. (Acts 1958, pp. 34, 42.) 99-916a. Attorney General as State information agency.-The At- . torney General is hereby designated as the State under this Chapter, and it shall be his duty: information aa"'enc-v ( 1) To compile a list of the courts and their addresses "in this State, having jurisdiction under this Chapter, and transmit the same to the State information agency of every other State which has adopted this, or a substantially similar Chapter. (2) To maintain a register of such lists received from other states, and to transmit copies thereof, as soon as possible after receipt, to every SociAL WELFARE. 99-9l2a not jeopardize the enforcement of the court's orders for present or future support of the dependent or dependents involved, and said court shall have the right at any time to enter appropriate orders to carry out the provisions of this section. (Acts 1958, pp. 34, 39.) l' i. 99-909a. How duties of support are enforced.-All duties of support are enforceable by petition irrespective of relationship between the obligor and obligee. Jurisdiction of all proceedings hereunder shall be vested in the superior courts of the various counties of this State. The petition must be commenced in the county of the residence of the obligee. (Acts 1958, pp. 34, 40.) 99-910a. Contents of petition for support.-The petition shall be verified and shall state the name and, so far as known to the plaintiff, the address and circumstances of the defendant and his dependents for whom support is sought and all other pertinent information.- The plaintiff may include in or attach to the petition any information which may help in locating or identifying the defendant, including, but without limitation by enumeration, a photograph of the defendant, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer, his finger prints, or Social Security number: Provided, however, that no cause of action shall arise unless the obligee is in need of support or the obligor has failed and refused to support said obligee. (Acts 1958, pp. 34, 40.) 99-91la. Officials to represent plaintiff.-The solicitor general of each superior court shall represent the plaintiff in any proceeding under this Chapter, and for such services he shall be paid the sum of $50 for each petition handled whether this State is the initiating or responding State, which sum shall be in addition to any other fees, salaries or emoluments now received by the solicitor general from any source whatsoever. In all counties in \Vhich the clerk of the superior court and the sheriff of said county are on a fee basis, the solicitor general shall pay from said sum so received by him to the said clerk and to the said sheriff such fees as are allowed by law for filing of process and service of petitions filed under this Chapter. Provided, however, the above stated sum shall not Qe patd to the solicitor general if he is provided, by the county in which the petition is handled, with an assistant who is an attorney-at-law and whose sole and specific duty is to handle such petitions; in whi~h event the sums received shall be paid into the treasury of said county. Provided, further, however, that before .the said sum shall be paid an order granting or denying support shall have been entered. (Acts 1958, pp. 34, 40.) 99-912a. Petition for a minor.-A petition on behalf of a minor obligee 99-923a SOCIAL WELFARE. by the defendant. (b) To require the defendant to make payments at specified interYals to the probation department of the court or the obligee and to report personally to such probation department at such times as may be deemed necessary. Any court hearing a petition which does not have a probation department or bureau shall designate the public welfare director in the county in which said court sits to act as probation officer for said court under the provisions of this Chapter and it shall be the duty of the said public welfare director or his subordinates to so act. (c) To punish the defendant who shall violate any order of the court to the same extent as is provided by Ia" for contempt of the court in any other suit or proceeding cognizable by the court. (Acts 1958, pp. 34, 44.) 99-923a. Additional duties of the court of this State when acting as a responding State.-The court of this State when acting as a responding State shall have the following duties which may be carried out through the probation department of the court: (a) Upon the receipt of a payment made by the defendant pursuant to any order of the court or otherwise, to transmit the same forth,,ith to the court of the initiating State, and (b) Upon request to furnish to the court of the initiating State a certified statement of all payments made by the defendant. (Acts 1958, pp. 34, 44.) 99-924a. Additional duty of the court of this State when acting as an initiating State.-The court of this State when acting as an initiating State shall have the duty which may be carried out through the clerk of the court to receive and disburse forthwith all payments made by the defendant or transmitted by the court of the responding State. (.\cts 1958, pp. 34. 45.) 99-925a. Evidence of husband and wife.-La\YS attaching a privilege against the disclosure of communications bet\Yeen husband and wife are inapplicable to proceedings under this Chapter. Husband and \Yiie are competent witnesses and may be compelled to testiiy to any relnant matter, including marriage and parentage. (Acts 1958, pp. 34, 45.) 99-926a. Rules of evidence.-In any hearing under this Ia\\', the court shall be bound by the same rules of evidence that bind the junnile courts of this State. (Acts 1958, pp. 34, 45.) 99-927a. Application of payments.-Any order of support issued by a court of this State when acting as a responding State shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both. (Acts 1958, pp. 34, 45.) SociAL WELFARE. 99-922a court m this State having jurisdiction under this Chapter. (3) To approve as to form all orders for the payment of the solicitors' general fee and forward the same to the Treasurer of the State for payment. (4) To furnish the solicitors general necessary forms, information and assistance in proceedings under this Chapter. (Acts 1958, pp. 34, 42.) 99-917a. Duty of tne court of this State as responding State.-When the court of this State, acting as a responding State, receives from the court of an initiating State the aforesaid copies, it shall (1) docket the cause, (2) notify the solicitor general, (3) set a time and place for a hearing, and (4) take such action as is necessary in accordance with the laws of this State to obtain jurisdiction. (Acts 1958, pp. 34, 43.) 99-918a. Further duty of responding court.-If .a court of this State, acting as a responding State, is unable to obtain jurisdiction of the defendant or his property due to inaccuracies or inadequacies in the petition or otherwise, the court shaH communicate this fact to the court in the initiating State; shall on its own initiative use all means at its disposal to trace the defendant or his property, and shall hold the case pending the receipt of more accurate information or an amended petition from the court in the initiating State. The local police authorities and the State police shall cooperate with the court in locatine- anv defendant alleged by petition to be present in this State. (Acts 1958, pp. 34, 37.) 99-919a. Procedure.-In any proceeding under this Chapter the court may order interrogatories or depositions to be taken within or without the State pursuant to the provisions of law applicable to a court of record. (Acts 1958, pp. 31, 43.) 99-920a. Order of support.-If the court of the responding State finds a duty of support, it may order the defendant to furnish support or reimbursement therefor and subject the property of the defendant to such order. (Acts 1958, pp. 34, 43.) 99-92la. Responding State to transmit copies to initiating State.The court of this State when acting as a responding State shall cause to be transmitted to the court of the initiating State a.. copy of all orders of support or for reimbursement therefor. (Acts 1958, pp. 34, 43.) 99-922a. Additional powers of court.-ln addition to the foregoing powers, the court of this State when acting as the responding State ha~ the power to subject the defendant to such terms and conditions as the court may deem proper to assure compliance \Yith its orders and m particular: (a) To require the defendant to fnrnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid 99-llOl SociAL WELFARE. CHAPTER 99-lOA. NONPROFIT MEDICAL SERVICE. Editorial Note.-This entire Chapter, which was based upon Acts 1950, pp. 266---, 277, was repealed by the 1960 Insurance Code. See Acts 1960, pp. 289, 758. For present law, see 56-1701 et seq. CHAPTER 99-11. HOUSING AUTHORITIES. Sec. 99-1103. 99-1107. Definitions. State Housing Authority Board and State Housing Director abolished; acts performed without approval of such officials declared valid. 99-1108. Copy of resolution and analysis of projects sent to State Board. 99-1109. No project undertaken without approval. 9Q-1110. Appointment, qualifications and tenure of commissioners. 99-1112. Quorum of commtsswners; chairman; secretary; agents; employees; legal services. 99-1114. Removal of commissioners. 99-1115.1. Dormitory housing for units of University of Georgia. Sec. 99-1116. Operation not for orofit. 99-1117. Rentals and tenant selection. 99-1136. Bonds as legal investments. 99-1146.8. Same; housing authority for excluded or detached county. 99-1147. 99-1149. Commissioners of 1 '- .~wnal housing authority; appointment. Terms of commissioners of regional authorities; vacancies; removal from office. 99-1164. Applicability of other laws to war housing projects. 99-1167. Sale or lease by regional county authorities of dwellings outside cities; providing dwellings on farms. Editorial Note.-Acts 1959, p. 141, validated and declared legal the creation and establishment of housing authorities, all bonds, notes, contracts, agreements, obligations and undertakings of said housing authorities, and all proceedings, acts and things heretofore [as of March 10, 1959] undertaken, performed or done with reference thereto; and declared said housing authorities bodies corporate and politic. Acts 1962, p. 734, validated and deciared legal the creation and establishment of housing authorities, and ratified all acts, contracts, bonds, etc., undertaken by them. Also confirmed was the appointment of commissioners, ofncers and employees. 99-1101. Short title.- Cited. 154 Fed. Supp. 589. 99-1103. Definitions.--The follmring terms, where,er used or referred to in this Chapter, shall ha\'e the follmYing respective meanings, unless a different meaning clearly appears from the context: (a) "Authority" or "housing authority" shall mean any of the public corporations created by or pursuant to this Chapter or any amendments thereto. (b) ''City" shall mean any city in the State. ''County" shall mean any county in the 'State. "The city" shall mean the particular city for which a particular housing authority is created. "The county" shall mean the particular county for which a particular housing authority is created. Cross-reference.-Meaning of "county" and "municipality" in law relating to consolidated housing authdrities for municipalities, see 99-1153. SociAL WELFARE. 99-932a 99-928a. Effect of participation in proceeding.-Participation in any proceedings under this Chapter shall not confer upon any court jurisdic- tion of any of the parties thereto in any other proceeding. (Acts 1958, pp. 34, 45.) 99-929a. Uniformity of interpretation.-This Chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it. (Acts 1958, pp. 34, 47.) 99-930a. Temporary order.-At any time after 'the filing of a petition for support and before final hearing, the court may, on satisfactory affidavits or other proof, order a temporary allowance pending a hearing on the merits of the petition. (Acts 1958, pp. 34, 47.) 99-93la. Appeal.-Any respondent in an action brought under the provisions of this Chapter shall have the right of appeal as in civil actions. Any order for. support made by the court shall not be affected by an appeal but shall continue in effect until the appeal is decided and thereafter, if the appeal is denied, until changed by further order of the court. (Acts 1958, pp. 34, 47.) 99-932a. Source and payment of fees of solicitors general.-The fee of the solicitor general arising under this Chapter shall be paid by the Treasurer upon receipt of the order for the payment of such fee that has been approved by the State information agency. Payment shall be made from the funds appropriated for the operation of the superior courts. (Acts 1958, pp. 34, 43.) CHAPTER 99-10. HOSPITAL SERVICE-NONPROFIT CORPORATIONS. Editorial Note.-This entire Chapter, which was based upon Acts 1950, pp. 335340, was repealed by the 1960 Insurance Code. See Acts 1960, pp. 289, 758. For present law, see 56-1701 et seq. Notes of Decisions Under Former Law. Constitutionality of 99-1018: Petitioner, corporation without capital stock, engages in business whereby upon its approval of applica:ions it issues to its customers contracts for stated cash premium obligating it in case of need therefor to pay for limited time limited amount toward hospital bills. It is therefore not institution of purely public charity as provided by Constitution (Code 2-5404), and hence is not entitled to tax exemption by legislation enacted pursuant to Constitution; and statute (.\cts 1950, pp. 335, 340; Code 99-1018), in so far as it attempts such tax exemption, is unconstitutional and void. 216/30 (114 S. E. 2d 524). 99-1107 SOCIAL WELFARE. authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding. (k) "Bonds" shall mean any bonds, notes, interim certificates, deben- , tures, or other obligations issued by the -authority pursuant to this Chapter. (1) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by , such liens. (m) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, .and the Federal Government when i1 is a party to any contract with the authority. (n) Dormitory housing project shall mean the construction, acquisition, remodeling, improving or adding to any facility for use in connection with the housing of students at any member institution of the University System of Georgia. (Acts 1937, pp. 210, 212; 1939, p. 112; 1943, pp. 146, 147; 1951, pp. 219, 220; 1959, pp. 65, 67.) Editorial Note.-The Act of 1959 added subsection (n). See 99-1115.1, relating to dormitory housing for units of the University of Georgia. Maxim: Provisions of paragraph (m) does not require application of maxim that expression of one thing implies exclusion of another, for reason that statutory definition of term as "including" certain things does not necessarily put meaning thereon limited to inclusion. 211/728 (88 S. E. 2d 368). 99-1107. State Housing Authority Board and State Housing Director abolished; acts performed without approval of such officials declared valid.-A.Il provisions of law creating and establishing the State Housing Authority Doard and delegating power and authority therein are hereby repealed. All provisions of Ia\\' creating and establishing the office of the State Director of Housing and delegating power and authority therein arc hereby repealed. All acts of public officers, prior to the effectin date of this section, requiring approYal of the State Director of Housing or the State Housing Authority Board are hereby declared Yalid and legal in all respects and no such act or acts shall be held or declared void, invalid or legally insufficient for \Yant of such approval. (.-\cts 1961, p. 54.) 99-1108. Copy of resolution and analysis of projects sent to State Board.-(Based upon Acts 1937, pp. 210, 216; 1943, p. 166. Repealed by Acts 1961, p. 54.) SociAL WELFARE. 99-1103 (c) "Governing body" shall mean, in the case of a city, the council. commission, board of aldermen or other legislative body of the city, and in the case of a county, the county commissioners. (d) ''I\Iayor" shall mean the mayor of the city or other mtmicipality or the officer thereof charged with the duties customarily imposed on the mayor or executi\e head of the city or other municipality: (e) "Clerk" shall mean the clerk of the city or the clerk of the county, as the case may be, or the officer charged \\ith the duties customarily imposed on such clerk. () "Area of operation" in the ca'?_e of a housing authority of a cjty. shall include such city and the area ,,ithin 10 miles of the territorial boundaries thereof, but shall not include any area which lies \\ithin the territorial boundar.ies of any other city unless a resolution shall have been adopted by the governing body of such other city declaring that there is a need for the city housing authority to exercise its po\\'ers within the territorial boundaries of said other city. Xo city. county, regional or consolidated authority shall operate in any area in \\"11ich an authority already established is operating \\ithout the consent by resolution of the authority already operatii1g therein. Cross-references.-Area of operation of county and regional housing authorities, see 99-1146.. Of consolidated housing authorities for municipalities. see 99-1153. (g) "Federal Government" shall include the 1.-nited States of .-\merica, the Federal Emergency .\dministration of Public \Yorks or any other agency or instrumentality. corporate or othen,ise. of the C ni ted States of .-\merica. (h) "Slum" means any area \Yhere n has been edited accordingly. Acts 1963, p. 2923, provided that in municipalities having a population within the 115,000-125,000 bracket, according to the census of 1960, etc., all appointments by mayors or housing authority commissioners shall be made with the consent of the city commission or the board of aldermen. 99-1112. Quorum of commissioners; chairman; secretary; agents; ' employees; legal services.-The powers of each authority shall be vested in the commissioners thereof in office from time to time. Three commissioners sha!! constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for 99-lll5.l SociAL WELFARE. not be subject to the limitations provided in section 99-1117, in the sec- . ond sentence of section 99-1116, and in section 99-1124; and the pro- ' visions of section 99-1109 dealing with the approval of the State Housing Authority Board shaii not apply to dormitory housing projects. (3) A housing authority may exercise any or ali of its powers to aid 1 or cooperate with the State and Federal Governments in making dormi- tory housing available at units of the University System of Georgia; may act as agent for the State or Federal Governments in developing and administering dormitory housing projects undertaken by either of them; may lease such dormitory housing projects from either of them, and without limiting the generality of the foregoing, authority is specific:u1y granted to the Board of Regents of the Universitj System of Georgia ' for and on behalf of the units and institutions under its control and any housing authority to enter into leases of any such project or projects for a term of not exceeding 50 years, and the Board of Regents of the University System of Georgia for and on behalf of any unit or institution or combination of units or institutions may obligate itself to pay an agreed sum for the use of such property so leased and also to obligate itself, as a part of the lease contract, to pay the cost of maintaining, repairing and operating the property so leased from the authority, and may arrange with public bodies and private agencies for such services and facilities as may be necessary or desirable for such dormitory hous- ing projects. (4) The provisions of any other law to the contrary notwithstanding, if the Board of Regents of the University System of Georgia and a housing authority determine it expedient to construct any dormitory housing project on any lands, title to which is held by any unit or institution under the control of said Board of Regents, said Board is hereby authorized to execute a lease upon such lands, whether improved or unimproved, to the authority for such parcel or parcels as shall be needed for a period of not to exceed 50 years at such annual rental (which may be purely nominal) as said Board and the housing authority may agree upon: Provided, only that at the expiration of such term, title to said land and all improvements thereon shall revert to and vest in such unit or institution under the control of said Board. Said Board of Regents shall also have the right, the provisions oi any other law to the contrary notwithstanding, should it determine with the housing authority that it is necessary and desirable to do so, to convey, by a deed executed by the chairman of said Board of Regents upon resolution of said Board, for such consideration as may be agreed upon (which consideration may be nominal), to a housing authority for a dormitory housing project title to any land, whether improved or unimproved, owned by any unit or institution under its control, which is to be served by such ?ormitory housing project, including land, title to which is in the Regents of the University System o] Georgia: Provided only that title to such land and ~11 improvements thereon shall revert or be reconveyed by the housing authority to such unit or institution when ali bonds, and the interest SociAL WELFARE. 99-1115.1 are now nonexistent by the construction of dormitory facilities or additional facilities for such institutions so as to make adequate, safe- and uncongested dormitory housing available for students enrolled at such institutions. (2) Any housing authority now or hereafter established 'may undertake the construction, acquisition, remodeling, improvement, addition to, maintenance and operation of projerts to provide dormitory housing at any unit of the University System of Georgia located within its area of operation so as to provide housing for students enrolled at such institution if it finds and determines that an acute shortage of housing for such persons exists or impends in its area of operation or any part thereof, and that necessary and adequate housing would not otherwise -be provided when needed. In the ownership, development or administratiol'l of dormitory housing projects, a housing authority shall have all the rights, powers, privileges and immunities that it may now or hereafter have under any provision of law relating to the ownership, development and administration of low rent housing and slum clearance projects or any other projects it is now or hereafter authorized to undertake, in the same manner as though all the provisions of law applicable thereto were applicable to dormitory housing projects, including specifically, but . without limitation, the right to issue bonds from time to time, in its : discretion, to provide funds to pay the cost, in whole or in part, of con, structing, acquiring, remodeling, improving and adding to any dormitory housing project and to issue refunding bonds for the purpose of refunding or retiring bonds previously issued by it for any such project. Such bonds may be of such type as the housing authority may determine, including bonds on which the principal and interest are payable: (a) exclusively from the income and revenues of the dormitory project financed in 1vhole or in part from the proceeds of such bonds, or with such proceeds together with a grant from the Federal Government or tht State of Georgia, or from any other source in aid of such project; (b) exclusively from the income and revenues of certain designated projects of the authority, including projects other than dormitory housing projects of the authority even though the same were not financed in whole or in part with the proceeds of the bonds; or (c) from its revenues generally that are not otherwise pledged or obligated. Any of such bonds may be additionally secured by a pledge of any revenues of any project or projects or other properties of the authority. A housing authority may, notwithstanding the provisions of any other law or any other section of this law, make and agree to make with respect to any dormitory housing project owned and administered by it under this Chapter such payments as may be agreed upon for facilities and services furnished to such dor mitory housing project by the city, county or other political subdivision of the State in which such dormitory housing project is located or by , the unit of the University System of Georgia which such dormitory housing project servP~. Tn the oper:cttion of such dormitory housing projects the housing authority owning and administering the same shall 9:~~~~~7. Rentals and te::~:A:e::~::: '; !1; Editorial Note.-Acts 1966, p. 2824, provided that in all counties tHoou4~9i2n0g0 population bracket, according Authorities Law [codified as to the census of 99:1117] shall 1960, etc., not apply ~weictht_1i0nn thJ~e 46,400 of. t.he m mumctpaht.te.s with a population of less than 4,000, accordmg to such census, when such mumct- r' 1' r,., pality is located within such a county. f~ Racial integration: Neither the Fifth nor t A person could not be heard to the Fourteenth Amendment positively complain that she had been excluded f. demands integration of the races, but from a public housing project be- ,; only negatively forbids governmen- cause of her race in the absence of tally enforced segregation. 257 F. (2d) a showing that she had made appli- 73. cation for admission. Id. 99-1119. Eminent domain.- Compliance with section: Where authority in this case on January 21, 1957, adopted resolution finding that there was need for low rent housing to meet needs not being met by private enterprise within its area of operation. Then on October IS, 1957, recorded minutes of meeting of commissioners of authority recites that land selected for Summer Hill Project known as "Project Ga. 68-4 (formerly 68-B)" was on motion of member and by vote of commission approved and defined as being about 9 or 10 acres, described by metes and bounds. Then on November 18, 1957, resolution was adopted by commissioners, which in substance recited that they had determined that original area selected for "Project Ga. 68-4" contained insufficient acreage and recommendation was made for approval of d-escribed lands, which includes that of defendant and intervenor in this case: Held: It is manifest that recited actions of authority constitute substantial compliance with condition precedent in this section. 214/842 (1) (108 S. E. 2d 264). Injunction: Petition for injunction of condemnees was insufficient to show arbitrary abuse of discretion on part of housing authority in selecting condemnees' property for housing project. 217/856 (1) (126 S. l~. 2d 223). \Vhere condemnees have right to resist a housing authority's efforts to condemn their property, mere fact that their efforts were futile would awl render them liable for authority's expenses and atlornly's fl'('S inl'urred in defending their petition for injunction. Id. (2). 99-1120. Zoning, sanitary, and building laws.- Ordinances: Though defendant Housing to condemning by Authority of pri- Authority is amenable to zoning ord- vate property by exercise of power of inance of Atlanta, compliance by de- eminent domain. 211/133 (84 S. E. Zd j fendant with ordinances and regula- 30). tions is not made condition precedent I I 99-1132. Tax exemption and payments in lieu of taxes.- Sales and use tax: Legislature did not give Housing Authority exemption from sales and use tax under subsection C (2) (d) of 92-3403a since legislature _did not intend to give any body po-litic an exemption other than those specifically described in subsection C (2) (d) and Housing Authority is no.t described therein. 104 App. 797 (1) (123 S. E. 2d 175). Housing Authority does not enjoy "common law exemption" since legislature intended to include it in defini- tion of "person" subject to Act found in subsection A of 92-3403a. Id. This section does not exempt Housing Authority from Sales and Use Tax Act since sales and use tax provisions were eneacted subsequently to provisions of section 99-1132, and Sales and Use Tax Act is all inclusive Act w'hich includes Housing Authority as taxpayer since no provision in that Act excludes Housing Authority. Id. 798 (2). SociAL WELFARE. 99-1116 thereon, whtch were issued by the housing authority to finance such construction, or bonds issued to refinance such obligations, or to finance in whole or in part any additions or improvements thereto have been paid in full. (5) Any action to protect or enforce any right in connection with th~ construction, acquisition, ownership, maintenance, alteration, expansion, improvement or operation of dormitory housing projects or any question in connection with the issuance of bonds to finance any such undertaking, the rights of the holders thereof or the security therefor shall be brought in the superior court of the county in which the dormitory housing proj- ect is located and any action pertaining to the validation of any bonds issued to finance in whole or in part the cost of any such dormitory housing project or any refunding bonds shail likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. (6) Bonds of the authority issued to finance in whole or in part the cost of any dormitory housing project and any refunding bonds shall be confirmed and validated in accordance with the procedure set forth in the Revenue Bond Law of 1937 (Chapter 87-8), and the judgment of validation shall have the same effect as is provided in said Revenue Bond Law. (Acts 1959, pp. 65, 67.) Cross-reference.-1Jniversity System Building Authority, see 32-lOla et seq. Editorial Note.-Acts 1959, pp. 65 et seq., the basis for this section, provides at section 4 thereof: "The powers hereby granted to and conferred upon housing authorities shall be in addition to and supplemental to the powers conferred or granted by any other law or by any other section of this law." Section 5 of the Act provides: "This Act, being for the purpose of promoting the education of the citizens of the State of Georgia, shall be liberally construed to effectuate the beneficial purposes thereof." 99-1116. Operation not for profit.-It is hereby declared to be the policy of this State that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations and that no housing authority shall construct or operate any such project for a profit or as a source of revenue to the city or the county. To this end, an authority shall !ix the rentals for dwellings in its projects at no higher rates than it shall find necessary in order to produce revenues which (together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived), will be sufficient, (a) to pay, as the same become due, the principal of and the interest on the bonds of the authority which, from time to time are outstanding; (b) to meet the cost of maintaining and operating the projects (including the cost of any insurance), the administrative expenses of the authority and to provide reasonable reserves for maintenance and operating expenses; and (c) to create and maintain such reasonable reserves as may be required in connection with the issuance of any bonds of the authority now outstanding or hereafter issued and to create and maintain reasonable reserves for its future operations. (Acts 1937, pp. 210, 221; 1959, pp. 65, 67.) 99-1147 SOCIAL WELFARE. operation of a regional housing authority as provided in this Housing Authorities Law. (Acts 1952, pp. 365, 370.) Editorial Note.-Acts 1961, p. 54, aholished both the State Housing Authority Board and the State Director of Housing. See 99-1107. This section has been edited accordingly. '' 99-1147. Commissioners of regional housing authority; appoint- ment.-The governing body of each county included in a regional housing authority shall appoint one person as a commissioner of such authority. and each such commissioner to be first appointed by the gO\erning body of a county may be appointed at or after the time of the adoption of the resolution declaring the need for such regional hous- ing authority. The go\erning body of each county shall appoint the successors of the commissioner appointed by it. A certificate of the appointment of any such commissioner shall be filed with the clerk of the county, and such certificate shall be conclusiYe evidence of the due and proper appointment of such commissioner. (Acts 1943, pp. 146, 152.) Editorial Note.-Act~ 1961, p. 54. abolished both the State Housing Authority Board and the State Director of Housing. See 99-1107. This section has been edited accordingly. 99-1149. Terms of commissioners of regional authorities; vacancies; removal from office.-The commissioners of a regional housing authority shalt' be appointed for terms of fiye years except that all yacancie!: shall be fiiJed for the unexpired terms. Each commissioner shall hold office until his successor has been appointed and has qualified. For inefficiency or neglect of duty or misconduct in office, a commissioner may be remoYed by the officer or officers (or their successors) appointing such commissioner, but he shall be removed only after he has been giYen a copy of the charges at least 10 days prior to the hearing thereon and has had an opportunity to be heard .in person or by counsel. In the eYent of the remoyaJ of any commissioner, a record of the proceedings, together \Yith the charges and findings thereon, shall be filed as required for the certificate of appointment of such commissioner. (Acts 1943, pp. 146, 153.) Editorial Note.-Acts 1961, p. 54, abolished both the State Housing Authority Board and the State Director of Housing. See 99-1107. This section has been edited accordingly. 99-1164. Applicability of other laws to war housing projects. -This law [ 99-1158 to 99-1167] shall constitute an independent authorization for a housing authority to undertake the development or administration of projects to proYide housing for persons engaged or to be engaged in war industries or actiYities and to cooperate with, or act as agent for, the Federal Go\ernment in the deYelopment or administration of projects undertaken by the Federal Government to make housing ayailable for such persons. In acting hereunder, a housing authority shall not be s~tbject to any limitations, restr.ictions or requirements of other la\YS (except those relating to land acquisition) prescribing or limiting- the procedure or action to be taken in the development or administration of any buildings, property or public works. including, but SociAL WELFARE. 99-1146.8 99-1135. Title acquired by condemnation proceedings.- . Charge here on burden of proof held not erroneous because judge did not instruct jury what facts condemnor had burden of proving, court having instructed jury to refer to pleading, which revealed issues . 91 App. 72 (85 S. E. 2d 80). Said charge was not erroneous because judge referred to condemnor as "plaintiff"; in condemnation proceeding condemnor stands in relaticn of plaintiff ment merely meaning that Housing Authority was in process of condemning property. Id. 76. Court did not err by expressing opinion. while ruling on admissibility of evidence, as to sale of property bought by condemnee, by stating, "I don't think so, it is relative value, I think it is admissible." ld. 77. Evidence: Court properly excluded tax return which did not list property involved in condemnation proceeding, it not being pertinent to issues. 91 App. 72, 77 (85 S. E. 2d 80). Objection to admission of evidence as to price paid by condemnee, after condemnation proceedings were begun, for teal property situated in vicinity of that condemned, held not sufficient to raise any question as to admissability of evidence. Id. 77. Condemnee's testimony as to price paid by purchaser of property in vicinity of that condemned was not objectionable, because it was sale of similar property, located near that condemned, at or near time of condemnation proceedin_5s. Id. 78. 99-1136. Bond as legal investments.- Croos-reference.-Bonds issued for war housing project as legal investments, see 99-1162. 99-1146.8. Same; housing authority for excluded or detached county.-At any time after the exclusion or detachmen"t of any county from the area of operation of a regional housing authority, as provided above, the gonrning body of any such county may adopt a resolution declaring that there is need for a. housing authority in the county if the goYen1ing hocly shall find such need according to the provisions of sections 99-1104 to 99-1109. Therefore a public body corporate and politic to be known as the housing authority of the county shall exist for such county, and fiye commissioners of which shall be appointed by the gO\erning body of such county, and may transact business and exercise its powers in the same manner (and shall have the same rights, po\Yers anc! immunities) as though created by said sections 99-1104 to 99-1109. I\'othing herein contained shall be construed as preventing such county from thereafter being included within the area of 99-l204a :SOCIAL WELFARE. 99-1204a. Powers of housing authorities undertaking redevelopment; projects.- Constitutionality: This Act, insofar as it permits sale to private individuals of property taken under eminent domain and cleared, is unconstitutional in that such sale does not constitute a public use of the property. 209/560 , (74 S. E. 2d 891). CHAPTER 99-13. EUGENIC STERILIZATION. Sec. 99-1301. State Board of Eugenics; creation, memhership, compensation, expenses, and vacancies. Cross-reference.-Voluntary sterilization, see 84-931 et seq. 99-1301.- State Board of Eugenics; creation, membership, compensa- tion, expenses, and va:cancies.- Editoria1 Note.-As to redesignation of "State Department of Public Welfare" as "State Department of Family and Children Services" and "county departments of public welfare" as "county departments of family and children services," see 99-102 and Editorial Note thereunder. Note that since the above section was enacted, the Board of Social Security has been abolished ( 99-104). The successor to this board was, under Acts Acts 1960, p. 85, the State Welfare Advisory Board, which, in turn, was superseded by the State Board of Family and Children Services (see 99-102 and Editorial Note). CHAPTER 99-14. STATE HOSPITAL AUTHORITY. Sec. 99-1402. 99-1405. 99-1409. 99-1417. Definitions. Revenue bonds; issuance; amount; interest; payment; maturity. Same; form of issuance; sale; price. Same; revenues, rents, and earnings, use of; sinking fund. Sec. 99-1418. 99-1424. Same; remedies of bondholders. Same; interests of bondholders protected. 99-1427. Revenues and earnings; use. 99-1428. Rules and regulations for operation of projects. Cross-references.-County and municipal hospital Authorities, see Chapter 88-18. Sales and use tax credit for publicly operated hospitals, see 92-3450a. Editorial Note.-Acts 1956. p. 660, created a study commission. to be known as the Hospital Care Study Commission, to investigate problems involved and propo5e a plan for providing hospitalization and related care for indigent sick persons. Such a plan was created by Acts 1<757, p, 470 et seq., codified as Chapter 99-22. 99-1402. Definitions.-As used in this Chapter the following words and terms shall have the following meanings: (a) The word "Authority" shall mean the State Hospital Authority created by section 99-1403. (b) The word "project" shall be deemed to include hospitals, sanatoriums, dormitories and housing accommodations for the use of patients and officers and employees of any institution under the control of the SociAL WELFARE. 99-1207 not limited to, low rent housing and slum clearance projects or undertakings or projects of municipal or public corporations or political subdi,isions or agencies of the State..-\ housing author.ity may do any and ail things necessary or desirable to cooperate with, or act as agent for, the Federal Gmernment, or to secure financial aid, for the expeditious deYelopment or the administration of projects to make housing available for persons engaged or to be engaged in war industries or acti,ities and to effectuate the purposes of said war housing law. All po,,ers conferred by said law shall be in addition and supplemental to the powers conferred by any other law, and nothing contained herein shall be construed as limiting such other powers. (Acts 1943, pp. 161, 164.) Editorial Note.-Acts 1961, p. 54, abolished both the State Housing Authority Board and the State Director of Housing. See 99-1107. This section has been edited accordingly. 99-1167. Sale or lease by regional cotmty authorities of dwellings outside cities; providing dwellings on fanns.-(Based upon Acts 1945, p. 270. Repealed by Acts 1951, pp. 219, 220.) CHAPTER 99-12. HOUSING COOPERATION. Sec. 99-1207. Procedure for exercising pow- ers. Editorial Note.-Acts 1959, p. 141, validated and declared legal the creation and establishment of housing authorities, all bonds, notes, contracts, agreements, obligations and undertakings of said housing authorities, and all proceedings, acts and things heretofore fas of March 10, 1959] undertaken, performed or done with ref- erence thereto; and declared said housing authorities bodies corporate and politic. 99-1207. Procedure for exerc1smg powers.-The exercise by a State public body of the powers herein granted may be authorized by resolution of the council or other governing body of such State public body adopted by a majority of the members of its council or other governing body present at a meeting of said governing body, which resolution may be adopted at the meeting at which such resolution is introduced. Such a resolution or resolutions shall take effect immediately and need not be laid over or published or posted. (Acts 1937, pp. 697, 701; 1939, pp. 127, 130; 1941, p. 253; 1943, p. 166.) Editorial Note.-Acts 1961, p. 54, abolished both the State Housing Authority Board and the State Director of Housing. See 99-1107. This section has been edited accordingly. CHAPTER 99-12A. REDEVELOPMENT PROJECTS. Cross-reference.-Urban redevelopment Jaw, see Chapter 69-11. 99-1409 SociAL WELFARE. such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. (Acts 1939, pp. 144, 149; 1946, pp. 56, 57; 1951, pp. 22, 23; 1960, pp. 48, 49; 1%4, p. 666; 1966, p. 302.) Editorial Note.-The Act of 1960 struck a provision restricting the interest rate '. to four and one-fourth per cent. The same Act also struck a proviso requiring that $8,000,000 of the sum obtained from bonds be expended for additional buildings at ~filledgeville State Hospital. Acts 1964 p. 666 raised the amount of bonds authorized from $20,000,000 to $35,000,000. The sa~e Act extended the maturity period of the bonds from 30 years to 40 years. Acts 1966, p. 302, increased the amount of bonds authorized from $35,000,000 to $50,000,000. 99-1409. Same; form of issuance; sale; price.-The bonds may be . issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon ' bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. (Acts 1939, pp. 144, 150; 1946, pp. 56, 58; 1951, pp. 22, 24; 1960, pp. 48, SO.) Editorial Note.-The amendment of 1960 struck a provision that no sale be made at a price so low as to require payment of interest of over four and one-quarter per cent. . 99-1417. Same; revenues, rents, and earnings, use of; sinking fund.(a) The Authority is hereby authorized to fix and to revise fi.-om time to time fees, rentals an'isions of this Chapter for such project. (d) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority; the revenues and earnings thereof will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may'be issaed for the cost of such project. (e) "Bonds" or ''revenue bonds" as used in this Chapter shall mean any bonds issued by the Authority under the provisions of this Chapter. including refunding bonds. (Acts 1939, pp. 144, 146; 1943, pp. 202. 203; 1964, pp. 95, 96.) Editorial Note.-The Act of 1964 added subsection (e). 99-1405. Revenue bonds; issuance; amount; interest; payment; maturity.-The Authority, or any Authority which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in addition to those which have already been issued by said Authority, in a sum not to exceed the total sum of $50,()(X),000, of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects under or for any department or agency of the State of Georgia. The principal ancl interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall he dated. shall bear interest at such rate or rates payable sembnnually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may he made redeemable before maturity, at the option of the Authority. at 99-1424 SociAL WELFARE. cept to the extent the rights herein given may be restricted by resolu- i tion passed before the issuance of the bonds or by the trust indenture, : may, either at law or in equity, by suit, action, mandamus or othe_r pro- . ceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust ': indenture, and may enforce and compel performance of all (juties re- quired by this Chapter, or by resolution or trust indenture, to be per- formed by the Authority, or any officer thereof, including the fixing, . charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Author- ity upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess . against the State Board of Health or other contracting or leasing department, agency, or institution of the State; and, in the pursuit of is remedies as subrogee, may proceed, either at law or in equity, by suit, action, mandamus. or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such boi1d or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or incumbrance, legal or equitable, upon the property of the State: Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture , trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) [Const. 1945, 2-5901 (a)] of the Con- ' stitution of the State of Georgia, and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. (Acts 1939, pp. 144, 155; 1964, pp. 95, 98.) 99-1424. Same; interests of bondholders protected.- Editorial Note.-As to redesignation of "State Department of Public Welfare" : as "State Department of Family and Children Services" and "county departments of public welfare" as "county departments of family and children services," see 99-102 and Editorial Note thereunder. 99-1427. Revenues and earnings; use.-(Deleted.) Editorial Note.-According to the original codification of this Chapter, Section 9 of Acts 1939, p. 144, was divided into Code 99-1417, 99-1427, and 99-1428. Section 9 of the original Act was completely superseded by Acts 1964, p. 95, and in order to conform more closely with the Act, the matters formerly covered by 99-1427 and 99-1428 have been consolidated into 99-1417. 99-1428. Rules and regulations for operation of projects.-(Deleted.) Editorial Note.-See Editorial Note following 99-1427. SociAL WELFARE. 991418 leasing department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Chapter, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Chapter, including rules and regulations to insure maximum occupancy of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from aJ! persons setved thereby or from those responsible for their support or their guardians, trustees, or other legal representatives. (Acts 1939, pp. 144, 154; 1964, pp. 95, %.) Editorial Note.-The Act of 1964 entirely superseded the former section. 99-1418. Same; remedies of bondholders.-Any holder of revenue bonds or interest coupons issued under the provisions of this Chapter, any receiver for such holders, or indenture trustee, if any there be, ex- 99-2001 SociAL WELFARE. CHAPTER 99-20. ASSISTANCE FOR DISABLED. Sec. 99-2001. 99-2002. 99-2003. 99-2006. 99-2007. 99-2008. 99-2009. 99-2010. 99-2011. Definitions. Eligibility for assistance to totally and permanently disabled. Amount of assistance. Application for assistance. Investigation of applications. Granting of assistance. Assistance not assignable. Appeal to the State Depart- ment. Periodic reconsideration and changes in amount of assistance. Sec 99-2012. Recovery from a recipient. 1. 99-2014. Financial procedures. 99-2016. Records nQt open to public inspection. 99-2017. Physical examination of applicants; forwarding of information to State Department of Family and Children Services. Cross-reference.-Legal representative to manage assistance benefits, see 99-2801 et seq. Editorial Note.-The words "public welfare" have been changed to "family and children services" wherever they appear herein. See 99-102 and Editorial Note. ' 99-2001. Definitions.-As used in this Chapter: "State Department" means the State Department of Family and Children Services created by Chapter 99-4. "County department" means the county or district department of family and children services of each of the several counties in this State created by Chapter 99-5. "Applicant" means the person who has applied for assistance under this Chapter. "Recipient" means a person who has received assistance under the terms of this Chapter. "Assistance" means money payments to, or medical care in behalf of, or any type of remedial care recognized under State law in behalf of needy individuals who are totally and permanently disabled, but does not include any such payments to or care in behalf of any such individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual (a) who is a patient in an institution for tuberculosis or mental disease, or (b) who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof. The term "totally and permanently disabled" means any person not less than 18 nor more than 65 years of age who has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence. (Acts 1952, pp. 15, 16; 1957, pp. 368, 372; 1963, pp. 581, 582.) Editorial Note.-"Assistance" was redefined by Acts 1957. This Act was to become effective upon the appropriation of the money by the General Assembly or the allocation of funds by the State Budget Bureau to the State Department of Public Welfare (now State Department of Family and Children Services). Acts 1963, pp. 581, 582, again redefined "assistance." 80 SociAL WELFARE. CHAPTER 99-15. HOSPITAL AUTHORITIES. Editorial Note.-This entire Chapter, formerly based upon Acts 1941, p. 241 et seq., was entirely repealed by the Georgia Health Code, Acts 1964, pp. 499, 656. For present law, see Chapter 88-18. Acts 1964, p. 770, redefined "project" as used in Acts 1941, p. 241. However, this 1964 Act was approved March 18, 1964, the same day as the Health Code (Acts 1964, p. 499) which epealed Acts 1941, p. 241. Acts 1964, p. 770, is therefore regarded as repealed. For definition of "project" in the present law, see 88-1802. Acts 1964, p. 50, approved ] anuary 28, 1964, and Acts 1964, p. 78, approved February 17, 1964, also purported to amend Acts 1941, p. 241. However, both of these Acts, being prior in date of approval to the Health Code (approved March 18, 1964), were clearly repealed. Acts 1956, p. 660, created a study commission, to be known as the Hospital Care Study Commission, to investigate problems involved and propose a plan for providing hospitalization and related care for indigent sick persons. Such a plan was created by Acts 1957, p. 470 et seq., codified as Chapter 99-22. Upon the enactment o1 the Georgia Health Code, this subject-matter was superseded by Chapter 88-23. Any annotations to former Chapter 99-15 will be found in Notes of Decisions Under Former Law following 88-1801. CHAPTER 99-16. PUBLIC HOSPITALS AND HEALTH CENTERS. Editorial Note.-This entire Chapter, formerly based upon Acts 1949, p. 263 et seq., was entirely. repealed by the Georgia Health Code, Acts 1964, pp. 499, 657. Hospitals are presently governed by the Health Code. See Title 88, especially Chapters 88-19 and 88-21. Any annotations to former Chapter 99-16 will be found in Notes of Decisions Under Former Law following 88-1901. CHAPTER 99-17. REGULATION OF HOSPITALS AND LIKE INSTITUTIONS. Editorial Note.-This entire Chapter, formerly based upon Acts 1946, p. 34 et seq., was entirely repealed by the Georgia Health Code, Acts 1964, pp. 499, 657. For present law, see Chapter 88-19. Any annotations to former Chapter 99-17 will be found in Notes of Decisions Under Former Law following 88-1901. CHAPTER 99-18. CEREBRAL PALSY. Editorial Note.-This entire Chapter, formerly based upon Acts 1949, p. 278 et seq., was entirely repealed by the Georgia Health Code, Acts 1964, pp. 499, 657. See Title 88 and Editorial Note preceding. CHAPTER 99-19. SOCIAL SECURITY FOR EMPLOYEES OF POLITICAL SUBDIVISIONS. Editorial Note.-Acts 1957, pp. 586, 587, repealed this Chapter in its entirety. It was formerly based upon Acts 1951, pp. 457-465; 1953, pp. 252-255. The subject formerly covered is now treated in Chapter 99-21. 99-2009 SociAL WELFARE. Department does not authorize it to pass -any rule or regulation which vests others with power or authority to decide pending application for assistance or any one of several eligibility requirements for such assistance. And since demurrer attacks Rule 5 of State Department as being unauthorized and repugnant to provisions of this section, trial judge erred in overruling plaintiff's demurrer which thus attacked validity and effectiveness of such rule. 216/125, 128 (1) (11-1 S. E. 2d 871). 99-2009. Assistance not assignable.- Editorial Note.-As to redesignation of "State Department of Public Welfare" as "State Department of Family and Children Services" and "county departments of public welfar~" as "county departments of famlly and children services," see 99-102 and Editorial Note thereunder. 99-2010. Appeal to the State Department.-(Based upon Acts 1952, pp. 15, 20. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-See Editorial Note following 99-2006. 99-2011. Periodic reconsideration and changes in amount of assistance. -(Based upon Acts 1952, pp. 15, 21. Repealed by Acts 1%5, pp. 385, 394:) Editorial Note.-See Editorial Note following 99-2006. 99-2012. Recovery from a recipient.- Editorial Note.-See Editorial Note following 99-2009. 99-2014. Financial procedures.-The various counties of the State shall contribute five per cent. of the total cost of the administration and four per cent. of the total cost of the benefits payable under this Chapter. The remaining 95 per cent. of such administrative expenses and the remaining 96 per cent. of the total costs of the benefits payable under this Chapter shali be payable by the State Department of Family and Children Services: Provided, however, any benefits paid for medical care or any type of remedial care recognized under State law to eligible recipients under this Chapter shall be paid 100 per cent. from State and Federal funds. In the event any county shall fail or ne~;lect during any ! month to pay to the county department of family and children services the sum of money which such county under the provisions of this Chapter is required to pay, then the State Treasurer is hereby authorized and required to retain the sum necessary for such payment out of any State funds distributable to such county for any purposes except education. No statutory requirements that any distributable funds shall be used exclusively for a designated purpose shall be construed as preventing the State Treasurer from taking out of such fund the amount which any county owes under this Chapter. For the purpose of accomplishing this set-off against any claim which any county may have upon the State treasury, of such amounts as the county may owe by virtue of this Chapter, the State Treasurer is authorized to draw checks payable to the county departments of family and children services against any funds except those specifically designated for educational purposes, payable to such county which may be on deposit in the State treasury. (Acts 1952, pp. 15, 22; 1963, p. 579.) SociAL WELFARE. 99-2008 99-2002. Eligibility for assistance to totally and permanently disabled.-Assistance is to be granted under this Chapter to any person who: (a) Is not less than 18 nor more than 65 years of age. (b) Is totaiiy and permanently disabled as that term 1s defined in this Chapter. (c) Has not sufficient income or other resources to provide a subsistence compatible with decency and health. (d) Has not made an :1ssignment or transfer of property for the purpose of rendering himself eligible for assistance under this Chapter at any time within two years immediately prior to the filing of application for assistance pursuant to the provisions of this Chapter: Provided, that it shall in no event be an eligibility requirement that the applicant subscribe to a pauper's oath. (e) Has been a bona fide resident of the State for not less than one year. (f) Is not receiving old age assistance, aid to the blind, or aid to dependent children. (Acts 1952, pp. 15, 16; 1964, p. 665.) Editorial Note.-Acts 1964, p. 665, rewrote subsection (c). 99-2003. Amount of assistance.-(Based upon Acts 1952, pp. 15, 17. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-This section was repealed by the Georgia Public Assistance Act of 1965 (Acts 1965, p. 385), codified as Chapter 99-29, and expnssly enacted in lieu of prior laws. 99-2006. Application for assistance.-(Based upon Acts 1952, pp. 15, 19. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-This section and 99-2007, 99-2008, 99-2010, and 99-2011 were repealed by the Georgia Public Assistance Act of 1965 (Acts 1965, p. 385), codified as Chapter 99-29, and expressly enacted in lieu of prior laws. 99-2007. Investigation of applications.-(Based upon Acts 1952, pp. 15, 19. Repealed by Acts 1965,.pp. 385, 394.) Editorial Note.-See Editorial Note following 99-2006. 99-2008. Granting of assistance.-(Based upon Acts 1952, pp. 15, 19. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-See Editorial Note following 99-2006. Notes of Decisions Under Former Law. Mandamus: In action for mandamus against members of county department alleging defendants failed to decide on her application but delegated it wrongfully to State Department, and defendants answered decision was made in accord with rules of State Department, to which answer plaintiff demurred questioning authority of State Department to adopt Rule 5: Held: 1t is crystal clear from provisions of this section that county welfare department is required to pass on each application for assistance which 1952 Act provides for, and rule-making power which i\ct confers on State 99-2102 SociAL WELFARE. ployee in the employ of the State or any political subdivision of the 1 State, for such employer, except (I) service which in the absence of an : agreement entered into under this Chapter would constitute "employ- ;. ment" as defined in the Social Security Act; or (2) service which under ;: the Social Security Act may not be included in an agreement between 1 the State and the Secretary of Health, Education and Welfare, entered into under this Chapter. Service which under the Social Security Act may be included in an agreement only upon 'certification by the Governor in accordance with Section 218 (d) (3) of that Act shall be included in the term "employment" if and when the Governor issues, with respect : to such service, a certificate to the Secretary of Health, Education and ' Welfare pursuant to section 99-2109 (b). . For the purpose of this Chapter, any individual compensated for services as a school bus driver, either throug-h a contractual relationship ' or otherwise, is deemed to be an employee of the governing hoard of education for which such services are performed. (c) The term "employee" includes an officer of a political subdivision of the State. (d) The term "State agency" means the Employees Retirement Sys- tem of Georgia. (e) The term "Secretary of Health, Education and Welfare" includes any individual to whom the Secretary of Health, Education and Welfare has delegated any functions under the Social Security Act with respect to coverage under such Act of employees of States and their political ' subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such functions, and wher- ever in this Chapter the term Federal Security Administrator is used, it shall mean Secretary of Health, Education and Welfare. (f) The term "political subdivision" within the terms of this Chapter, means counties and incorporated towns and cities and includes an instrumentality of (A) the State, (B) one or more political subdivisions of the State, or (C) the State and one or more of its political subdivisions; The Board of Regents of the University System of Georgia, and the Federal State Cooperative Inspection Service of the State of Georgia, and the Board of Trustees of Georgia Military College, and the Georgia Municipal Association. (g) The term social Security Act" means the Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the ''Social Security Act," (including regulations and requirements issued I pursuant thereto), as such Act has been and may from time to time be amended. (h) The term "Federal Insurance Contribution Act" means Subchapter A of Chapter 9 of the Federal Internal Revenue Code of 1939 and Subchapters A and B of Chapter 21 of the Federal lnterrial Revenue Code of 1954, as such codes have been and may from time to time be amended; and the term "employee tax" means the tax imposed by SociAL WELFARE. 99-2102 Editorial Note.-Acts 1963, p. 579, added the proviso at the end of the second sentence. The words "family and children services" have been substituted for "welfare," wherever that word appeared, in accordance with 99-102. 99-2016. Records not open to public inspection.-(Based upon Acts 1952, pp. 15, 23. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-This section and 99-2017 were repealed by the Georgia Public Assistance Act of 1965 (Acts 1965, p. 385), codified as Chapter 99-29, and expressly enacted in lieu of prior laws. 99-2017. Physical examination of applicants; forwarding of information to State Department of Family and Children Services.-(Based upon Acts 1962, p. 592. Repealed by Acts 1965, pp. 385, 394.) Editorial Note.-See Editorial Note following 99-2016. CHAPTER 99-21. STATE AND POLITICAL SUBDIVISIONS: EMPLOYEES SOCIAL SECURITY LAW. Sec. 99-2101. 99-2102. 99-2103. Declaration of policy of Chapter. Definitions. Federal-State agreement; inter- state instrumentality. ,99-2104. Plans for coverage of employees of political subdivisions. 99-2109. Referenda and certification. 99-2110. Employees Social Security Coverage Group; establishment; functions. 99-2111. Chapter as sole method of obtaining coverage. Sec. 99-2112. 99-2113. 99-2114. Solicitors general; referendum as to coverage; procedure on affirmative vote. Superior court judges; referendum as to coverage; procedure on affirmative vote. Court of Appeals judges emeritus; inclusion. 99-211 S. Supreme Court ] ustices Emeritus; inclusion. 99-2101. Declaration of policy of Chapter.-In order to extend to em.ployees of the State of Georgia and the political subdivisions of this State and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the General Assembly, subject to the limitations of this Chapter, that such steps be taken as to provide such protection to employees of the State and the political subdivisions of the State on as broad a basis as is permitted under the Social Security Act. (Acts 1953, Nov. Sess., p. 294; 1956, pp. 75, 76.) 99-2102. Definitions.-For the purpose of this Chapter: (a) the term '"wages" means all remuneration for employment as defined herein, in. eluding the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for ''employment" within the mean. ing of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of that Act. (b) The term "employment" means any service performed by an em 99-2103 SociAL WELFARE. (5) As modified, the agreement shall include all services described in' paragraph (4) of this subsection and performed by individuals in posi- tions covered by a retirement system with respect to which the Governor has issued a certificate to the Secretary of Health, Education and Welfare pursuant to section 99-2109 (b). (b) Interstate instrumentalities. Any instrumentality jointly created by this State and any other State or States is hereby authorized, upon the granting of like authority by such other State or States, (1) to enter into an agreement with the Federal Security Administrator whereby the: benefits of the Federal old-age and survivors insurance system shall be extended to employees of such instrumentality, (2) to require its employees to pay (and for that purpose to deduct from their wages) con-: tributions equal to the amounts which they would be required to pay under section 99-2104 (a) if they were covered by an agreement made' pursuant to subsection (a) of this section, and (3) to make payments' to the Secretary of the Treasury in accordance with such agreement, including _payments from its own funds, and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of subsection (a) of this section and other provisions of this Chapter. (c) P.ursuant to Section 218 (d) (6) of the Social Security Act and for the purpose of this Chapter, at the election of the Governor, any retirement system which coYers employees of more than one political subdivision or employees of the State and one or more political subdivisions, shall be deemed a separate retirement system with respect to each political subdivision or as to the State and one or more political subdivisions having positions covered thereby: Provided further, pursuant to section 218 (p) of the Social Security Act, and also for the purposes of this law, any retirement system which covers positions of policemen or firemen, or both, and other positions ' shall, if the Governor so elects, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or , both, as the case may be. (d) For the purposes of this Chapter any retirement system established by the State of Georgia or any political subdivision thereof, or established by an Act of the General Assembly, which, on, before, or after the date of enactment of this subsection is divided into two divisions or parts, one of which is composed of positions of members of such system who desire coverag-e under the agreement under this Chapter and the other of which is composed of positions of members of such system who do not desire such coverage, shall. upon the Governor's authorization of a referendum for a retirement system as defined in the Social Security Act, be deemed to be a separate retirement system with respect to each such division or part: Provided, however, at the election of the Governor, the referendum and the division of such system may occur simultaneously as authorized by section 218 (d) (7) of the Social Rfi SociAL WELFARE. 99-2103 section 1400 ofsuch Code of 1939 and section 3101 of such Code of 1954. (r\cts 1953, Nov. Sess., p. 294; 1956, pp. 75-78; 1958, p. 198; 1959, pp. 445, 446; 1966, p. 150.) Editorial Note.-Acts 1966, p. 150, added the Georgia Municipal Association in subsection (f). Deputy sheriffs: Unless made so by statute sheriff's deputies and other employees are not employees of county, and may not be so treated or recognized. Contract made under or pursuant to unconstitutional statute does not bind county authorities. 109 App. 476 (1) (136 S. E. 2d 518). Deputy sheriffs are not "officers of a political subdivision" for whom social security payments are to be made by county under provtstons of 99-2101 et seq. (Acts 1953, Nov. Sess., p. 294, as amended) and under contract between county and Employees Retirement System entered into in accordance with Act when deputies do not receive wages from county, for by terms of both Act and contract payments are determined by wages paid. I d. 476 (2). 99-2103. Federal-State agreement; interstate instrumentality.-(a) The State agency, with the approval of the Governor, is hereby authorized to enter on behalf of the State into an agreement with the Federal Security Administrator, consistent with the terms and provisions of this Chapter, for the purpose of extending the benefits of the Federal old-age and survivors insurance system to employees of the political subdivisons of the State. with respect to services specified in such agreement which constitute ''employment" as defined in section 99-2102. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration, and other appropriate provisions as the State agency and Federal Security Administrator shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that: (1) Benefits will be provided for- employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Ar.t,; (2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 99-2102), equal to the sum of the taxes which would be imposed by the Federal Insurance Contribution Act if the services covered by the agreement constituted employment within the meaning of that Act. (3) Sucn agreement shall be effective as of the date specified there"in: Provided, however, it shall not he effective prior to the date permitted by the Federal Social Security Act with respect to services in employment covered by the agreement. (4) All services which (A) constitute employment as defined in section 99-2102, (B) are performed in the employ of the State or a political subdivision of the State, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the State agency under section 99-2104, shall be covered by the agreement. 99-2104 SOCIAL WELFARE. that it may exclude services performed by individuals to whom Section 218 (c) (3) (C) of the Social Security Act is applicable. (3) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (1) of subsection (c) and by subsection (d) of this section are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose; (4) It provides for such metho-:!s of administration of the plan by the political subdivision as are found by the State agency to be necessary for the proper and efficient administration of the plan; (5) It provides that the political subdivision \\ill make such reports, in such form and containing such information, as the State agency may from time to time require, and comply with such prO\isions as the State agency or the Federal Security Administrator may from time to time find necessary to assure the correctness and verification of such reports; and (6) It authorizes the State Ag-ency to terminate the plan in its entirety, in the discretion of the State agency, if it finds that there has been a failure to comply with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the State agency and may be consistent with the provisions of the Society Security Act: Provided that such conditions as may be provided by the regulations of the State agency for such termination shall assure that the State shall not incur any debt or loss in relation to any amounts due the State from other provisions of the Social Security Act, including grants in aid for public assistance and for maternal and child \veltare. (b) The State agency shall not finally refuse to approye a plan submitted by a political subdivision under subsection (a) of this section, and shall not terminate an approved plan, \Yithout reasonable notice and opportunity for hearings to the political subdivision affected thereby (c) (1) Each political subdivision as to which a plan has been approved under this section shall pay into the contribution fund, \vith respect to \vages (as defined in section 99-2102), at such time or times as the State agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State agency under section 99-2103. (2) Each political subdivision required to make payments under paragraph (1) of this subsection is authorized, in consideration of the employee's retention in, or entry upon, employment after enactment of this Chapter, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to his \vages (as defined in section 99-2102), not exceeding the amount of the employees tax which would be imposed by the Federal Insurance Contribution Act if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from his wages sociAL WELFAR-E. 99-2104 Security Act. The positions of individuals who become members of such system after such coverage is extended shall be included in such ; division or part of such system composed of members desiring such coverage. The position of any individual which is covered by any retirement system to which the preceding two sentences are applicable shall, if such individual is ineligible to become a member of such system on the date of August 1, 1956, or, if later, the day he first occupies such position, be deemed to be covered by the separate retirement system consisting of the positions of members of the division or part who do not desire coverage under this Chapter. (e) As to the Superior Court Judges Retirement Fund of Georgia, \vhich is a retirement fund divided pursuant to subsection 218 (d) (b) (c) of the Social Security Act, the position of any member of the division or part ~who do not desire coverage may be transferred to the separate retirement fund composed of positions of members v.:ho do desire coverage upon such terms and conditions and at such time as permitted by the Federal law. In the event of such transfer the employee contributions of such member required for social security coverage shall be deducted by the State Treasurer and remitted to the State agency together with the required employer contributions, and the State Treasurer is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State of Georgia the required employer contributions on any such transferred member. (Acts 1953, Nov. Sess., pp. 294, 296; 1956, pp. 75, 78, 79; 1957, pp. 586, 587; 1958, pp. 198, 199; 1964, p. 303.) Editorial Note.-Acts 1964, p. 303, added subsection (e). 99-2104. Plans for coverage of employees of political subdivisions.(a) Each political subdivision of the State is hereby authorized to submit for approval by the State agency a plan for extending the benefits of Title II of the Social [Security] Act, in conformity with applicable provisions of such Act, to employees of such political subdivision, and the Adjutant General, acting on behalf of this State, is authorized to submit and enter into a similar plan with the State agency for extending said benefits to the civilian employees of the National Guard units of thi; State, who are, for the purposes of this Chapter, deemed to be a separate coverage group as provided for in the Federal Social Security Act. Each such plan and any amendments thereof shall be approved by the State agency if it finds that such plan, or such plans as amended, is in conformity with such requirements as are provided in regulations of thP. State agency, except that no such plan shall be approved unless: (1) It is in conformity with the requirements of the Social Security Act and with the agreement entered into under section 99-2103; (2) It provides that all services which constitute employment as defined in section 99-2102 and are performed in the employ of a political subdivision by employees thereof shall be covered by the plan except 99-2109 SociAL WELFARE. vided further, that the State Highway Board and the State Treasurer are hereby authorized to release all such withheld funds upon authorization from the State agency. (Acts 1953, Nov. Sess., pp. 294, 297; 1956, pp. 75, 80; 1956, pp. 576, 577; 1963, p. 641; 1964, pp. 304, 305.) Editorial Note.-The Act of 1956 substituted a new paragraph (2) in subsection (a) and a new paragraph (2) in subsection (c). Acts 1956, pp. 576, 577, substituted a new introductory paragraph for subsection (a), without disturbing the numbered subdivisions. Acts 1963, p. 641, rewrote subsection (e). Acts 1964, p. 304, again rewrote subsection (e). 99-2109. Referenda and certification.-(a) The Governor is empowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218 (d) (3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the State t>r by a political subdivision shall be excluded from or included under an agreement under this Chapter. The notice of referendum required by Section 218 (d) (3) (C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the. referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and sutvivors, and the liabilities to which they will be subject, if their services are included under an agreement under this Chapter. (b) Upon receiving evidence satisfactory to him that with respect to any referendum the conditions specified in Section 212 (d) ( 3) of the Social Securi~y Act have been met, the Governor is authorized to !OO certify to the Secretary of Health, Education and Welfare. (Acts 1956, pp. 75, 81.) 99-2110. Employees Social Security Coverage Group; establishment; functions.-Pursuant to Paragraph 2, Section 1, Article XIV ( 2-8202) of the State Constitution, and Subparagraph 7-A of Paragraph 1 of Section 2 of Article VII ( 2-5501) of said State Constitution, with due consideration to the limitations embodied therein, there is hereby established a separate coverage group to be known as Employees' Social Security Coverage Group, membership of which shall consist of all State employees who are in the group to be covered for social security, the conditions of membership to be as established in the Act governing the Employees Retirement System of Georgia." (a) The Employees Social Secunty Coverage Group herein provided shall for the purposes of this section be and it is hereby declared to be under the jurisdiction and control of the Board of Trustees of the Employees Retirement System of Georgia. Said Board is authorized to establish such rules and regulations as are necessary to provide for payment of the contributions required under the Social Security Act, and the proper administration of the provisions of this section, and is further SociAL WELFARE. 99-2104 as and when paid. Contributions so collected shall be paid into the contribution fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph ( 1) of this subsection. Failure to deduct such contributions sha11 not relieve the employee or employer liability therefor. (d) Delinquent payments due under paragraph (1) of subsection (c) may, with interest at the rate of six per centum per annum, be recovered by action in court of competent jurisdiction against the political sub~ division liable therefor or may, at the request of the State agency, be deducted from any other moneys payable to such subdivision by any department or agency of the State. (e) Should any county board of education, independent board of education, area board of education, incorporated to\vn or incorporated city, who has entered into a plan of coverage for their employees with the State agency as provided for in this section, fail to make collection from their employees and to make reports and payments agreed to in their plan of coverage, it shall be the duty of the State agency to notify the State Board of Education of such failure, and thereupon it shall be the duty of the State Board of Education to withhold from such county board of education, independent board of education, area board of edu- cation, incorporated town or incorporated city failing to make the reports and payments all appropriations allotted to such board of educa- tion, town or city, until such board of education, town or city has fully complied with the provisions agreed to in its plan of coverage entered into with the State agency, and it shall be illegal for the State Board of Education or Department of Education to pay out or release such funds, unless the provisions of this section are complied with. (f) Should the governing authority of any county which has entered into a plan of coverage for its employees with the State agency as provided for in this section fail to make collection from its employees and to make reports and payments agreed to in such plan of coverage, it shall be the duty of the State '-!gency to notify the State Highway Board and the State Treasurer of such failure and thereupon, it shall be the duty of the State Highway Board and the State Treasurer to withhold from such county governing authority all appropriations for highway and road purposes allotted to such county until such county governing authority has fully complied with the provisions agreed to in its plan of coverage by making reports and remittances of the payment provided for in its plan of coverage entered into with the State agency, and it shall be illegal for the State Highway Board or the State Treasurer to pay out or release such funds, unless the provisions of this section are complied with: Provided, however, the State Highway Board and the State Treasurer are hereby authorized and directed, upon certified re- : ' quest of the State agency, to remit to the State agency from such with- held funds the amount necessary to cover the remittances which such county governing authority has failed to pay to the State agency: Pro- QO 99-2114 SociAL WELFARE. whether services in positions covered by the superior court judges retirement fund of Georgia shall be excluded from or included under an agreement under this Chapter with an effective date of July 1, 1956. Should the referendum be in the affirmative, employee contributions required for Social Security coverage shall be deducted by the Treasurer of the State of Georgia and remitted to the State agency, together with the required employer contributions. The State Treasurer is hereby authorized and directed to pay from the funds appropriated for the operation of the superior courts of the State, the required employer contribution. (Acts 1958, pp. 172, 173.) Cross-reference.-Superior court judges' retirement fund, see 24-2608a. 99-2114. Court of Appeals Judges Emeritus; inclusion.-The Governor is hereby empowered to authorize a referendum in accordance with ' the requirements of the Federal Social Security Act, on the question of , whether services in positions covered by the Court of Appeals Judges r Emeritus Retirement Plan of Georgia shall be excluded from or included under an agreement under this Chapter with an effective date of July 1, 1956. Should the referendum be in the affirmative, employee contributions required for Social Security coverage shall be deducted from the compensation of each judge by the Treasurer of the State of Georgia and remitted to the State agency, together with the required employer contributions. The State Treasurer is hereby authorized and directed ' to pay from the funds appropriated for the operation of the Court of Appeals of the State, the required employer. contributions. (Acts 1958, p. 235.) Cross-reference.-Judge Emeritus of Court of Appeals, see 24-360la et seq. 99-2115. SupTeme Court Justices Emeritus; inclusion.-The Governor is hereby empowered t.o authorize a referendum in accordance with the requirements of the Federal Social Security Act, on the question of whether services in positions covered by the Supreme Court Justices Emeritus Retirement Plan of Georgia shall be excluded from or included under an agreement under this Chapter with the earliest effective date permitted under applicable law. Should the referendum be in the affirmative, employee contributions required for Social Security coverage shall be deducted from the compensation of each Justice by the Treasurer of the State of Georgia and remitted to the State agency, together with the required employer contributions. The State Treasurer is hereby authorized and directed to pay from the funds appropriated for the operation of the Supreme Court of the State, the required employer contributions. (Acts 1960, p. 1096.) Cross-reference.-] ustices Emeritus of Supreme Court, see 24-4601 et seq. CHAPTER 99-22. HOSPITAL CARE FOR THE INDIGENT. Editorial Note.-This entire Chapter, formerly based upon Acts 1957, p. 470 SociAL WELFARE. 99-2113 authorized to modify the present agreement with the Secretary of Health, Education and Welfare of the United States, consistent with the terms and provisions of this Chapter for the purpose of extending the benefits of the Old-Age and Survivors Insurance System to members of said coverage group; such coverage to become effective not earlier than July 1, 1956. (Acts 1956, pp. 75, 82.) Cross-reference.-Employees Social Security Coverage Group as "Division A" of Employees Retirement System, see 40-2525. 99-2111. Chapter as sole method of obtaining coverage.-The Social Security coverage for employees of the State as ptovided in this Chapter, shall be the sole and exclusive method for obtaining such coverage regardless of the source of fm,ds used for payment of salaries or wages. (Acts 1957, pp. 586, 587.) Editorial Note.-Acts 1951, p. 457 et seq., formerly codified as Chapter 99-19, also related to the matter CO\'ered by this Chapter. The 1951 Act was repealed in its entirety by Acts 1957, pp. 586, 587. 99-2112. Solicitors general; referendum as to coverage; procedure on affirmative vote.-Anything in this Chapter to the contrary notwithstanding the G0vernor is hereby empowered to authorize a referendum in accordance with the requirements of section 218 (d) (3) of the Federal Social Security Act, on the question of whether services in positions covered by the solicitors' general retirement fund of Georgia shall be excluded from or included under an agreement under this Chapter with an effective date of July 1, 1956. Should the referendum result in an affirmative vote, employee contributions required for Social Security coverage shall be deducted by the Treasurer of the State of Georgia from the compensation or other funds due the employee and same shall be remitted to the State agency, together with the required employer contributions. Such employee deductions shall be based on an affidavit from each individual as to the total wages received by him each calendar quarter as solicitor general. Such affidavit shall be forwarded to the State Treasurer before the fifth day of the month following the end of each calendar quarter. Should any solicitor general fail to submit the required affidavit to the State Treasurer within the required time, any and all funds due such individual shall be withheld by the State Treasurer until an appropriate affidavit has been received. The State Treasurer is hereby authorized and directed to pay from the funds appropriated for the operation of the superior courts of the State, the required employer contribution. (Acts 1958, pp. 172, 173.) Cross-reference.-Solicitors' general retirement. fund, see 24-2907a. 99-2113. Superior court judges; referendum as to coverage; procedure on affirmative vote.-The Governor is hereby empowered to authorize a referendum in accordance with the requirements of section 218 (d) (3) of the Federal Social Security Act, on the question of 99-2304 SOCIAL WELFARE. (c) To accept any grant of funds made by the United States or any agency thereof for the purposes of carrying out any of its functions; (d) To accept gifts, bequests, devises, and endowments to be used for carrying out the purposes of this Chapter; (e) To create such advisory committees as in the opinion of the commission may be deemed necessary; (f) 'To act either independently or jointly with any State department, commission, board, or institution in order to carry out the commission's powers and duties ; (g) To assist upon request any department, commission, board, agency or officer of the State in rendering recreational services in conformity with their respective authorized powers and duties and to encourage and assist in the coordination of Federal, State, and local recrea'tion activities; (h) To request from the various State Departments and other agencies and authorities of the State and its political subdivisions and their agencies and authorities, such available information as it may require in its work and all these agencies and authorities shall within a reasonable time furnish such requested available information to the commission; (i) To make recommendations as to the operation of recreation facili- :1 ties; (j) To employ an executive director who shall be technically qualified for the duties of his position and with adequate experience in the field of recreation and upon his recommendation to employ such other qualified personnel as may be needed to carry out the provisions of this Chapter. The executive director shall act as secretary to the commission; (k) To do all other things necessary and proper to perform the duties of the commission to effectuate the purposes of this Chapter. (Acts 1%3, pp. 445, 446.) 99-2304. Duties of commission.-It shall be the duty of the commission: (a) To formulate in cooperation with other State agencies, interested organizations, and citizens a comprehensive recreation policy for the State of Georgia; (b) To study and appraise recreational needs of the State and to assemble and disseminate information relative to recreation; (c) To cooperate in the promotion and organization of local recreational systems or programs for cities, counties, towns, school districts, and other areas of the State, and upon request to advise them in the ,.. planning of recreation areas and facilities and to consult with them in the planning and financing of recreational programs; (d) To aid in recruiting, educating, and placing recreation workers and in promoting of recreational institutes and conferences; (e) To help establish and promote recreation standards; SociAL WELFARE. 99-2303 et seq., was entirely repealed by the Georgia Health Code, Acts 1964, pp. 499, 657. For present law, see Chapter 88-23. CHAPTER 99-23. GEORGIA RECREATION COMMISSION. Sec. 99-2301. 99-2302. Definitions. Commission created; member- ship; appointments; terms of office; compensation; expenses; quorum. Sec. 99-2303. 99-2304. 99-2305. 99-23.06. Powers of commission. Duties of commission. Advisory council. Funds for operation. Editorial Note.-Acts 1958, p. .337, created a Georgia Recreation Commission. That Act was repealed and the commission abolished by Acts 1959, p. 32. The present Chapter has no relation in subject-matter to the former law. 99-2301. Definitions.-As used in this Chapter, "commission" shall mean the Georgia Recreation Commission created hereby; "advisory council" or "council" shall mean the advisory council to the Georgia Recreation Commission created hereby; and "director" shall mean the executive director of the Georgia Recreation Commission. (Acts 1963, pp. 445, 446.) 99-2302. Commission created; membership; appointments; terms of office; compensation; expenses; quorum.-There is hereby created the Georgia Recreation Commission which shall consist of 10 citizens of the State who shall hold no other State or county office. The members of the commission shall be appointed by the Governor, one from each congressional district of the State. For initial terms, two members shall be appointed for a term of one year, two members for a term of two years, two members for a term of three years, two members for a term of four years, and two members for a term of five years. Thereafter. all appointments shall be for a. term of four years. The members of the commission shall be eligible to be reappointed. The Governor shall designate one appointee as temporary chairman until such time as the commission shall perfect its own organization. The commission shall elect a permanent chairman and such other officers as it shall deem necessary. The terms of office of such officers shall be for one year. The members of the commission shall serve without compensation, but shall be entitled to reimbursement for actual travel and maintenance expenses incurred in the performance of their duties. Six members of the commission shall constitute a quorum for the transaction of any business. (Acts 1963, pp. 445, 446.) 99-2303. Powers of commission..-The commission shall have the following powers : (a) To make rules and regulations for the proper administration of its duties; (b) To administer all funds available for the commission; 99-2501 SociAL WELFARE. CHAPTER 99-25. MEDICAL ASSISTANCE FOR THE AGED ACT. Sec. 99-2501. 99-2502. 99-2503. 99-2504. 99-2505. Short title. Freedom of choice as to pro- vider. Definitions. Administration of Chapter. Contracts between Depart- ment of Family and Children Services and Health Department. Sec. 99-2506. Negotiations and contracts be- tween Department of Family and Children Services and other governmental agencies. 99-2507. Recommendations by Council. 99-2508. Scope of medical care. 99-2509. Property of recipient free . from liens; recovery of ,t benefits incorrectly paid. Editorial Note.-The words "public welfare" have been changed to "family and children services" wherever they appear herein. See 99-102 and Editorial Note. 99-2501. Short title.-This Chapter shall be known and may be cited as "The Medical .-\ssistance for the .-\ged Act." (Acts 1961, pp. 170, 171.) Cross-reference.-Penalty for violation of Chapter, see 99-9911. 99-2502. Freedom of choice as to provider.-.-\ny person eligible to rece.i\e authorized medical care, senices, and supplies as provided herein shall have the ab:..olute right of freedom of choice in selecting any pro\;ider \\ho is duly authorized under the proYisions hereof to. provide such care, senices, and supplies. (Acts 1961, pp. 170, 171.) 99-2503. Definitions.-As used in this Chapter, unless the con text clearly requires a different meaning: (a) ":\fedical care" means essential medical, surgical, chiropractic, osteopath.ic, podiatric, optometric, dental,. and nursing services, in the ~ home, office, clinic, or other suitable place. which are provided or pre- scribed by physicians or dentists licensed to render such service, including drugs and medi~al supplies. appliances. laboratory. diagnostic and therapeutic senices, nursing home and convalescent care, in patient hos- pital care, and such other essential medical senices and supplies as enumerated in section 99-2508, subsection (a) (1) through (12) as may be prescribed by such persons; (b) "Council" means the Hospital Advisory Council for Construc- tion, Licensure, and Jndig-ent Care. created by an Act which abolished the Hospital Care Council and the Hospital .-\dvisory Committee and created the Hospital Advisory Council for Construction, Licensure, and Indigent Care, approved :\Iarch 17, 1960 (Ga. L. 1960. p. 884: see 99-1704 'et seq.); (c) "Dentist" means a person authoriud to practice dentistry under the laws of Georgia; ~ (d) "Nurses" means persons authorized to practice nursing under the laws of Georgia; (e) "Nursing home" means a home licensed as such pursuant to the laws of Georgia; (f) "Hospital" means a hospital which has been issued a current Licensure permit, either annual or provisional, pursuant to the laws of SOCIAL WELFARE. 99-2306 (f) To cooperate with State and Federal agencies, commercial and industrial recreational interests, voluntary agencies, aPd other agencies interested in the promotion of recreational opportunities; (g) To submit an annual report of activities and recommendations to the Governor and to the General Assembly; (h) To do such other things as are necessary and proper to effectuate the purposes of this Chapter. (Acts 1%3, pp. 445, 448.) 99-2305. Advisory counciL-There is created hereby an advisory council of the Georgia Recreation Commission. The chairman of the commission with the concurrence of a majority of the members of the commission shall appoint as members of the council individuals who by virtue, training, experience, and interest in the field of recreation might be helpful in ~he advisory functions of the council. Such appointments shall be for a period of two years, provided that any individuals appointed as members of the council by reason of their office in any State or local recreation organization shall cease to be a member of the council when they are at the end of their term of appointment. The total number of members of the council shall be determined by the commission, but shall not be less than 10. The council shall perfect its own , organization, and shall meet at least twice a year, either on the call of its chairman or on the call of the commission. Members of the council shall serve without compensation, but with approval of the commission may be reimbursed for actual expenses incurred in the performance of their duties. The council shall act in an advisory capacity to the commission. It shall study recreation needs as they may affect the well-being of the people, and especially of children and youth of the State. It shall present recommendations to the commission for the advancement of recreation, either on its own volition or at the request of the commission. The council may establish subcommittees, either to serve the recreational interest of geographic regions within the State or to serve specific fields of recreation interest. (Acts 1%3, pp. 445, 449.) 99-2306. Funds for operation.-The budget bureau is hereby authorized to transfer sufficient funds to the commission to effectuate the purposes of this Chapter, until such time as there shall have been provision made in the General Appropriation Act for the commission. (Acts 1%3, pp. 445, 449.) CHAPTER 99-24. TREATMENT OF MENTALLY ILL PERSONS. Editorial Note.-This entire Chapter was repealed and superseded by Acts 1960, i pp. 837, 856. It was formerly based upon Acts 1958, pp. 697-711. Treatment of men- tal illness is now a function of the State Department of Public Health. See Chapter 88-16. 99-2504 SociAL WELFARE. (b) The rules and regulations promulgated by the Director pursuant to the authority granted in subsection (a) of this section shall be in effect in all political subdivisions of the State and mandatory upon any department or agency of the State, county, or municipal governments administering said regulations, or upon any person. partnership, or corporation, public or private, which may by contract with the Department of Family and Children Services or its duly authorized ' agents administer said regulations. The Director shall insure that such rules and regulations provide for: (1) Methods of administration necessary for the proper and efficient operation of the State plan for imple>nentation of this Chapter. (2) Reasonable standards for determining eligibility for and the extent of such assistance, to include: (A) Reasonably prompt granting of assistance to eligible persons who have submitted an application. (B) Exclusion from eligibility of any person who is an inmate of the public institution (except as a patient in a medical institution) or any person who is a patient in an institution for tuberculosis or mental dis- eases, or any person who is a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis \Yith respect to any period after said person has been a patient in such an institution, as a result of such diagnosis, for 42 days. (C) Consideration of the income and resources of an applicant for: medical" care benefits, including consideration of eligibility for medical ' care under any other program and consideration of the legal obligation . of contractors, public or private, to provide the person medical care. (D) Exclusion of any recipient from participation in medical care. benefits provided for by this Chapter to the extent he is otherwise eligi- ble for medical care as defined herein under any other program or. through the legal obligation of a contractor, public or private, to pay or provide for such care. (E) Periodic review of recipients income and resources for possible, adjustment of the amount of assistance. . (F) An opportunity for a fair hearing to any person whose claim for: assistance under this Chapter is denied, not acted upon with reasonable;. promptness, or unfa\'Orably adjusted. (3) Safeguards which restrict the u'se or disclosure of information: concerning applicants and recipients of medical care benefits under this i. Chapter to purposes directly connected with the administration of this' Chapter. (4) Furnishing recipients of medical assistance for the aged with: (A) Some institutional and noninstitutional care. i (B) Medical care while said recipient is sojourning out of this State.: (c) The State shall reimburse the counties to the extent of 95 per cent. of the administrative expenses of this Chapter, subject to budg- etary limitations. The State shall pay the total cost of all benefits payable' under this Chapter. For the purposes of this Chapter, administrative ex- SociAL WELFARE. 99-2504 Georgia; (g) "Pharmacist" means a person authorized to practice pharmacy under the laws of Georgia; (h) "Physician," for the purposes of this Chapter only, means a per- son authorized to render those aspects of medical care services which he is authorized to render under the laws of Georgia; , (i) "Public assistance recipient" means a person who has been certified by the county department of family and ~hildren services as being eligible for, and a recipient of, public assistance under the provisions of "Old-Age Assistance Act," approved February 26, 1937 (Ga. L. 1937, p. 311 ; see Chapter 99-6) ; (j) "Recipient of medical assistance for the aged" means an aged person who is 65 years of age and over, and who resides in this State (within the meaning of regulations issued by the Director of the Stat~ Department of Family and Children Services in conformity with Federal requirements), and who is unable through his own income and resources to provide himself with essential medical care without depriving himself of necessary food, shelter, clothing, or other necessities of life and who does not fall within the definition of public assistance recipient as defined in subsection (i) of this section and has been certified by the county department of public welfare as meeting the requirements of need; (k) "Recipient" means a person who 1s either a public assistance recipient as defined in subsection (i) of this section or a recipient of medical assistance for the aged; (I) "Vendor payment" means a payment for medical care which is paid by the State Department of Family and Children Services directly to an authorized person or institution which rendered medical care to a recipient of medical care; (m) "Director" means Director of the State Department of Family and Children Services; (n) "Welfare Department" means the State Department of Family and Children Services; (o) "Health Department" means the State Department of Public Health; (p) "Political subdivision," for the purposes of this Chapter only, means any present or future political, municipal, or administrative division of the State of Ceorgia. (Acts 1961, pp. 170, 171.) 99-2504. Administration of Chapter.-(a) This Chapter shall be administered by the Department of Family and Children Services. The Director of the Department of Family and Children Services shall have authority to issue such rules and regulations as may be necessary to properly administer this Chapter and to comply with the requiremeuts of Public Law 86-778, known as the "Social Security Amendments of 1960," and any future amendment thereto. 99-2508 SociAL WELFARE. and may develop and formulate recommendations relating to: (a) The supervision and administration of this Chapter; (b) The scope of medical care for which the Department of Family and Children Services should undertake to pay; (c) Quantity and quality standards and methods for determining costs for vendor payment and eligible vendors for medical care services, taking into consideration insurance and other financial resources available to recipients; (d) Limitations, duration, and frequency of medical care for which vendor payments for medical care services should be made; (e) Grants, gifts, and contributions from the Federal Government, or from other sources, for the purpose of carrying- out the .intent and purposes of this Chapter; (f) A Federal-State medical care fund from funds appropriated from time to time by the General Assembly for medical assitance recipients; (g) The conducting of studies, research, demonstrations, and surveys to carry out the purposes of this Chapter; (h) Agreements and contracts for the administration of this Chapter; (i) The periodic evaluation of the program and publication of reports thereof; (j) The formulation of such modifications, expansions, or contractions of the program as may be desirable or necessary. (Acts 1961, pp. 170, 176.) 99-2508. Scope of medical care.-(a) The scope of medical care in behalf of public assistance recipients and recipients of medical care for the aged for which the Department of Family and Children Services undertakes to pay shall be designated and limited by regulations promulgated by said Department, pursuant to the provisions hereof. The selection of the class or classes of medical care shall be recommended by the Council to the Director of the Department of Family and Children Services after taking into consideration, among other things, the amount of Federal and State funds available, the most essential needs of public assistance recipients and recipients of medical care for the aged and the meeting of such need on a basis insuring the greatest amount of medical care as defined in section 99-2503, subsection (a) consonant with the funds available including but not limited to the following categories: (1) Inpatient hospital services; (2) Skilled nursing-home services; (3) Physicians' services; (4) Outpatient hospital or clinic services; (5) Home health care services; (6) Private duty nursing services; (7) Physical therapy and related services; (8) Dental services; SociAL WELFARE. 99-2507 penses shall mean the salaries and travel expenses of the employees of the staff of the county welfare department engaged in the performance of services necessary to effectuate this Chapter. (Acts 1961, pp. 170, 173.) 99-2505. Contracts between Department of Family and Children Services and Health Department.-(a) The Department of Family and Children Services shall be authorized to contract with the Health Department for the latter to act as agent of the former in arranging for the provision of medical care and services or for agreements with suppliers or for arrangements as to payments to suppliers of said medical care and services. Any such contract or agreement with the Health Department shall include provisions whereby the said Health Department shall furnish to the Department of Family and Children Services al1 data needed by the latter for prog-ram planning, evaluation, and reporting purposes and the said Health Department will take such steps as may be necessary to assure that all operations under said contract meet all requirements of Public Law 86-778 ("Social Security Amendments of 1960") and all future amendments thereto, as well as the regulatjons promulgated pursuant thereto. (b) The Department of Family and Children Services shall retain all responsibility relating to the certification of eligibility of all recipients, fiscal matters, and general responsibility for the administration of this Chapter, but shall be authorized to contract with the Health Department for the purpose of carrying out the medical care aspects of the program which aspects shall include but not be limited to the operation function< of certifying the need of recipients for medical care, issuing authorizations for provisions of medical care, certifying the provision of medical care in accordance with authorizations issued and in accordance with quantity and quality standards as established, developing and maintaining a manual of policies and procedures for the operation of the medical care aspects of the program, developing bases of payment for medical care, and certifying vendor bil1ings for compliat.ce with bases of payment as established consistent with the provisions of subsection (a) above. (Acts 1961, pp. 170, 175.) 99-2506. Negotiations and contracts between Department of Family and Children Services and other governmental agencies.-The Department of Family and Children Services or its duly authorized agents shall have authority to negotiate and contract with any appropriate department or agency of the State, county, or municipal governments or any person, p;.trtnership, or corporation, public or private, In any manner proper for carrying out the purpose of this Chapter. (Acts 1961, pp. 170, 176.) 99-2507. Recommendations by Council.-The Council shall advise the Department of Family and Children Services and Health Department as to policies, plans, budgets, programs, and rules and regulations 99-2602 SociAL WELFARE. entire society, as a result of the limitations and disadvantages confronting older people in maintaining their economic self-sufficiency and personal well-being and realizing their maximum potentials as contributors to their community, State and nation, are matters of profound import and concern for all the people of this State. It is, therefore, necessary and of utmost importance to encourage the development and maintenance within this State of a comprehensive and coordinated network of public and private facilities for the alleviation or correction of these limitations and disadvantages and to encourage the conducting of continuous study and research into the needs and problems of older people under present and future economic and social conditions because it is essential for the prev~ntion of dependency and the conservation of human values, and a necessity in safeguarding and fostering the general welfare. It is, therefore, declared to be the intent of the legislature by the passage of this Chapter, to provide for encouragement of the development, maintenance, and coordination of the aforementioned facilities. (Acts 1962, p. 604.) 99-2602. Commission created; membership; appointment; terms of office; vacancies.-There is hereby created a commission to be known as the "State Commission on Aging." The commission shall be composed of 14 members, to be appointed by the Governor for terms of four years each as follows: One member shall be the Administrative Officer of the State Board of Education, or his recommended representative; one member shall be the Director of the State Department of Public Health, or his recommended representative; one member shall be the Director of the State Department of Family and Children Services, or his recommended representative; one member shall be the State Commissioner of Labor, or his recommended representative; two members shall be from and be active in a senior citizens' organization; and one member shall be from the field of higher education; seven members shall be from the following fields, with one member being appointed from each field: Housing, Recreation, Employment, Retirement, Religion, l\Iedtcal Care, and Social Services: Provided, however, that each of the senn ap- pointed must have a specific knowledge of and interest in the field from which he is appointed. The members of the commission shall serve for four years, except the first members shall be appointed for terms as follows: five for terms of four years; five for terms of three years; and four for terms of two years. The members, from other than the four State agencies, to succeed the first members shall be appointed from persons nominated by the commission on aging on the basis of referrals from appropriate and selected organizations connected with the fields mentioned herein and senior citizens' organizations. In the event any member fails or is unable to serve the fuil term for SociAL WELFARE. 99-2601 (9) Laboratory and X-ray services; (10) Prescribed drugs, eyeglasses. denture, and prosthetic devices; (11) Diagnostic, screening, and prenntiYe services; and (12) Any other medical care or remedial care recognized under the laws of Georgia. (b) Payment for hospital care, nursing home care, and drugs or other medical and dental supplies shall be on bases which relate the amount of the payment to the cost of providing such services or supplies. (c) No vendor payment shall be made unless the class and type of medical care rendered and the cost bases therefor has first been designated by regulation. (d) The range of medical care benefit standards provided and the quantity and quality standards and the methods for determining cost formulae for vendor payments shall be uniform for the entire State and designated by regulation. The amount of payments for units of services need not be uniform for the entire State but may vary from county to county and from city to city, as well as among hospitals, based on the prevailing cost of medical care in such locale and other local economic and geographic conditions. (Acts 1961, pp. 170, 177.) 99-2509. Property of recipient free from liens; recovery of benefits incorrectly paid.-?\o lien may be imposed against the property of any recipient on account of medical care benefits paid or to he paid on his behalf under this Chapter, except that the Director of the Department of Family and Children Services may recover from any rectpient the value of benefits incorrectly paid on behalf of such recipient. (Acts 1%1, pp. 170, 179.) CHAPTER 99-26. STATE COMMISSION ON AGING. Sec. 99-2601. 99-2602. 99-2603. 99-2604. 99-2605. 99-2606. 99-2607. 99-2608. Statement of legislative policy. Commission created; member- ship; appointment; terms of office; vacancies. Quorum; election of officers. Meetings. Bylaws and administrative rules. Executive director. Other personnel. Compensation and expenses of commission. Sec. 99-2609. 99-2610. 99-2611. 99-2612. 99-2613. 99-2614. Duties of commission; Federal programs; cooperation with other agencies. Powers and authority of commission. Acceptance of grants from Federal Government or other sources. Annual report to Governor. Funds for operation. Attorney General as advisor and counsel. Editorial Note.-The effective date of this Chapter was July 1, 1962. The words "family and children services" have been substituted for "public welfare" wherever they appear herein in accordance with 99-102. 99-2601. Statement of legislative policy.-The constant! ~r~ea\sjNiInVgE.Rs//';-.~ s ~ropor~tion of ~Icier people within ~he population of this - mcreasmg gravtty of the human dtstress and the loss ace ut,f,r' gm~cclf\(ftfiRe~' IES . 99-2610 SociAL WELFARE. and agencies in carrying out a coordinated program. It shall also be the duty of said commission to encourage and assist in the development of programs for the aging in the counties, towns and cities of this State. It shall consult and cooperate with public and private agencies, with county and municipal officers and agencies, and with any Federal or State agency or officer for the purpose of promoting coordination between State and local plans and programs and between State and interstate plans and programs for the aging. (Acts 1%2, pp. 604, 606.) 99-2610. Powers and authority of commission.-Without limiting the foregoing, the commission is authorized to: (a) promote the health of and medical services for the aging in working with professional associations, hospitals and institutions; (b) promote the rehabilitation of incapacitated older persons; (c) establish a State-wide coordinated program with participation of employers, employee's organizations, and State and local agencies to promote greater and more suitable employment opportunities for older persons; (d) establish a program of research and education on housing of the aged either by public or private means as well as the establishment of self-sustaining cooperative dwelling projects for aging persons; (e) plan and promote recreational facilities for the aging; (f) develop a program of adult education designed for older persons on subject of particular concern to them; (g) encourage the further research in the. colleges and universities of the State on problems of the aging; (h) encourage training of personnel to handle problems of the aging; (i) to promote community education in the problems of older people through institutes, publications, radio, television and the press; (j) to provide consultation to communities and groups developing State-wide or local services for older people; (k) to provide consultation to the various departments of State Government concerning matters relating to the aging; (1) inquire into and make recommendations to the appropriate agencies, public or private, on any matter affecting the behavior, care or welfare of the aging; (m) enlist the aid of public and private agencies concerned with the welfare of the aging and study and report on the functions and facilities 1 of governmental agencies and institutions charged with the care, control, protection and rehabilitation of the aging; (n) serve as a communications clearing house for information in the large and complex fields of human relationship in respect to aging; (o) to conduct or to participate financially in conducting demonstration projects with counties or municipalities or public or private agencies concerned with problems of the aging; (p) do any other thing deemed necessary by the commission to pro- SociAL WELFARE. 99-2609 which he is appointed, the Governor shall appoint a person to serve for the unexpired term. Such members shall be eligible for reappointment. (Acts 1962, pp. 604, 605.) 99-2603. Quorum; election of officers.-A majority of the members of the commission shall constitute a quorum for the transaction of business. The commission shall elect a chairman, a vice-chairman and such other officers as it deems necessary. Said officers sl,Jall serve for terms of two years each. (Acts 1962, pp. 604, 606.) 99-2604. Meetings.-The commission shall meet at least once each quarter and at such other times as may be deemed necessary by the chairman or a majority of the commission on written request of at least a majority of the members. (Acts 1%2, pp. 604, 606.) 99-2605-. Bylaws and administrative rules.-The commission is hereby empowered to adopt bylaws establishing rules for the conduct of its meetings and establishing policies and administrative procedures for the carrying out of the purposes of the commission. (Acts 1%2, pp. 604, 606.) 99-2606. Executive director.-The commission shall appoint an executive director who shall be the administrative officer of the commission, and v.:ho shall serve at the pleasure of the commission. The executive director shall not be subject to the State Merit System Act and shall receive such salary and expenses as shall be provided by the commission. (Acts 1%2, pp. 604, 606.) 99-2607. Other personneL-The commission may appoint or may direct the executive director to appoint, in accordance with the State Merit System Act and rules and regulations made pursuant thereto, such other personnel as are necessary for the efficient performance of the duties prescribed by this Chapter. (Acts 1%2, pp. 604, 606.) 99-2608. Compensation and expenses of commission.-Members of the commission shall serve without compensation, except they may be reimbursed for the actual expenses occurred in performance of their official duties in attending commission meetings. (Acts 1962, pp. 604, 606.) 99-2609. Duties of commission; Federal programs; cooperation with other agencies.-The commission shall constitute the designated State agency to handle all programs of the Federal Government relating to the aging requiring acts within the State which are not the specific responsibility o.f another State agency under provisions of Federal or State law. Authority is hereby conferred upon the commission to accept and disburse any funds available or which might become available pursuant to the purposes set out herein. The commission shall study, investigate, promote, plan and execute a program to meet the present and future needs of aging citizens of the State and it shall receive the cooperation of all other State departments 99-2703 SociAL WELFARE. North Georgia Mountains Commission. The commission shall occupy the same position in relation to the State Government as do other agencies, departments, boards, bureaus, and commissions of the State Government. (Acts 1%3, pp. 357, 358.) 99-2703. Definitions.-The following words and terms shall have the meaning hereinafter indicated unless the context shall clearly indicate another or different meaning or intent: (a) Commission-North Georgia Mountains Commission created by this Chapter. (b) Project-The acquisition, construction, equipping, maintaining, operating, managing and promotion of recreation and accommodation and tourist facilities and services, including, but not limited to, recreation centers, outdoor recreation experiment stations, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, museums, convention halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the commission may desire to undertake including the related buildings and the usual and convenient facilities appertaining to any' undertakings and any extensions or improvements of any facilities, and the acquisition of necessary property therefor, all as may be related to the development of recreational an.d tourist accommodations and facilities as the commission may deem necessary, c:onvenient, or desirable. (c) Cost of project-The cost of acquisition of properties or the use thereof, both real and personal, and the cost of constructwn, erection, establishment, maintenance, repair, and rem0Jeling of tourist and recreational facilities, and the cost of financing charges, interest incurred on construction and one year after completion of construction, as well as the cost of engineering, architectural, admtnistrative, fiscal and legal expenses and services as well as the cost of plans and specifications, as well as expenses incurred for feasibility or practicability studies. (d) Governing authority of a county-The commissioners of roads and revenues, board of commissioners of roads and revenues, ordinary, or other person or body of persons at the time intrusted by law with the administration of the fiscal affairs of any county. (e) Governing authority of a city or municipality-The council, board of aldermen, or other person or body of persons at the time intrusted by law with the administration of the fiscal affairs of any municipal corporation. , (f) Georgia Mountains Association-A voluntary association of individuals interested in the development of the North Georgia mountains 1 area. (g) Georgia Mountains Planning and Development Commission-A legally constituted area planning and development commission established under the Georgia General Planning Enabling Act of 1957, as SociAL WELFARE. 99-2702 mote the health and well-being of the aging citizens of this State, not inconsistent with the purposes of this Chapter or the public policies of this State; (q) to appoint such committees, on a nonpay basis, as it deems necessary for carrying out the purposes of the Chapter. (Acts 1%2, pp. 604, 607.) 99-2611. Acceptance of grants from Federal Government or other sources.-The commission may receive on behalf of the State any grant, or grant in aid, from the Federal Government, or any grant, gift, be- quest, or devise from any other source and accept the same and title shall pass to the State unless otherwise specified by the grantor. (Acts 1962, pp. 604, 609.) . 99-2612. Annual report to Governor.-It shall be the duty of the commission to submit an annual report to the Governor and to the General Assembly on or before January 1 of each year, setting forth the results of its studies, accomplishments, and recommendations, if any, for legislation. (Acts 1962, pp. 604, 609.) 99-2613. Funds for operation.-All expenses incurred in administering and carrying this law into effect shall be paid out of funds appropriated by the General Assembly for that purpose, or out of such other funds as may be made available. (Acts 1962, pp..604, 609.) 99-2614. Attorney General as advisor and counsel.-The Attorney General of Georgia shall serve as legal advisor and counsel to the commission. (Acts 1962, pp. 604, 609.) CHAPTER 99-27. NORTH GEORGIA MOUNTAINS COMMISSION ACT. Sec. 99-2701. 99-2702. 99-2703. 99-2704. 99-2705. Short title. Commission created; status. Definitions. Membership; appointment; terms of office; quorum; compensation and expenses; employees. Advisory committee; composition; functions. Sec. 99--2706. Powers of commission. 99-2706.1. Commission as body corpor- ate and politic; further powers. 99-2706.2. Revenue bonds. 99-2707. Territorial boundaries; counties affected. 99-2701. Short title.-This Chapter may be cited as the "North Georgia Mountains Commission Act." (Acts 1963, pp. 357, 358.) 99-2702. Commission created; status.-There is hereby created a ':ommission and agency of the State Government, to be known as the 99-2706 SociAL WELFARE. The advisory committee shall consist of the chairman and board of directors of the Georgia Mountains Planning and Development Commission and two persons from each county located within the territorial jurisdiction of the North Georgia Mountains Commission that is not a member of the Georgia Mountains Planning and Development Commission. The two persons on the advisory committee from counties not included in the membership of the Georgia Mountains Planning and Development Commission are to be designated as follows: one person shall be appointed by the governing authority of the county, and one person shall be appointed by the governing authority of the respective county seat municipality. The Director of the State Parks Department shall also be a member of the advisory committee. The advisory committee shall meet with the commission from time to time upon reasonable notice at the request of the commission, and the commission shall likewise meet with the members of the advisory committee at the request of the advisory committee upon reasonable notice. The functions of the advisory committee shall be advisory only except as otherwise provided. The commission shall make and be responsible for all decisions and the taking of all actions authorized herein. However, in making decisions and taking actions, any recommendation of the advisory committee shall be carefully considered: Provided, however, that the , advisory committee is hereby empowered to certify its approval of the site or sites within the North Georgia mountains area upon which the commission proposes to construct, maintain, or operate any particular project under the provisions of this Chapter and no such project shall be undertaken failing such certification of the site for the proposed project: and Provided further, that such certification having been requested by the commission and no action taken by said advisory committee within 60 days from date of request for certification, such site shall be deemed to be certified as suitable for the purposes of the proposed project or projects. Said advisory committee shall operate under the procedural rules and regulations of the Georgia Mountains Planning and Development Commission. (Acts 1963, pp. 357, 361.) 99-2706. Powers of commission.-The commission shall have: The power to acquire by purchase, lease, or otherwise, and to hold. lease, use and operate any personal property of every kind and character for its purposes. The commission may exercise the right of eminent domain. When a project is proposed for construction on any lands owned by any of the counties named in section 99-2707 or in any municipality or municipalities incorporated therein, the governing authority or body of the county, or of any of the municipalities, is authorized to convey title to such lands to the State through the commission if the property is unserviceable or cannot be advantageously or beneficially used by SociAL WELFARE. 99-2705 provided in Chapter 69-12, Ga. Code Annotated (Ga. L. 1957, p. 420 et seq.), approved March 13, 1957, as amended, presently consisting of the counties of Banks, Dawson,. Forsyth, Franklin, Habersham, Hall, Lumpkin, Rabun, Stephens, Towns, Union, and White, and any additional Georgia counties that may be added thereto under said Planning Enabling Act. (Acts 1963, pp. 357, 358.) 99-2704. Membership; appointment; terms of office; quorum; compensation and expenses; employees.-The commission shall consist of seven members as follows: the State Auditor and the chairman of the Georgia Mountains Planning and Developing Commission, both ex officio; three members to be appointed by the Governor, with due consideration for area-wide representation, from the North Georgia mountains area as a whole; and two members to be appointed by the Governor as representatives of the State at large. Appointed members shall serve on the commission for terms of six years, and until their successors are appointed and assume office. Any member of the General Assembly who is otherwise qualified shall not be prohibited from serving on this commission. The ex-officio members shall enter immediately upon their duties as of the approval date of this Chapter without further act or formality and the persons appointed by the Governor shall enter upon their duties as soon as practicable after their appointments. The commission shall elect one of its members as chairman and another member as vice-chairman, bot-h of whom shall be elected for a term of one year to serve beginning on the, day of their election and continuing until their successors are elected and qualified annually thereafter in the same manner. Any five members of the commission eligible to vote constitutes a quorum. A majority of the quorum is empowered to exercise all rights and perform all duties of the commission and no vacancy on the commission shall impair the right of the quorum to act. In the event of a vacancy on the commission through death, resignation, or otherwise, this vacancy is to be filled for the unexpired term of the member ceasing to be a member of such commission for any reason, in the same manner that the member originally became a member of the commission. The members of the commission shall serve without compensation except for reimbursement for actual expenses incurred in the performance of their duties. No member of the commission may serve as an employee of said commission. Employees of the commission shall receive reasonable compensation for their services to be determined by the members of the commission. (Acts 1963, pp. 357, 360; 1965, pp. 487, 488.) Editorial Note.-Acts 1965, p. 487, rewrote the first paragraph. 99-2705. Advisory committee; composition; functions.-An advisory committee is hereby created to advise and assist the commission in the performance of its duties and functions. 99-2706.1 SOCIAL WELFARE. carry out the intent, purpose and powers expressed and given m this Chapter. (Acts 1963, pp. 357, 362.) 99-2706.1. Commission as body corporate and politic; further powers.-The commission heretofore created is hereby made a body corporate and politic, shall be deemed to be an instrumentality of the State and a public corporation, and as such shall have all of the powers and authority heretofore granted to it and shall have additional powers and authority as follows: (a) The power to acquire by lease or purchase or otherwise real property for the construction and operation of a project or projects. (b) The power to borrow money for the purpose of constructing, maintaining, and operating its projects as defined in this Chapter. (c) The express power and authority to construct, maintain, and operate a project in White county, Georgia, to be known and designated as "Georgia Recreation Experiment Station"; and in connection with said project the Governor is hereby authorized to execute for and on behalf of the State a lease upon any and all lands owned and held by the State in said county to the commission for a period not to exceed 50 years,_ such land so leased to be used by the commission only in connection with said project. (d) The power and authority to issue revenue bonds which may be sold only to the United States, an agency or subdivision thereof, or to the State of Georgia, an agency or subdivision thereof. Such bonds shall be issued pursuant to the provisions of section 99-2706.2. (Acts 1964, p. 369.) 99-2706.2. Revenue bonds.-The comm1sswn shall have the power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or combination -of projects. The principal and interest of such revenue bonds shall be payable solely from a special fund herein provided for. The bonds of each issue shall be dated, shall bear interest at the lowest attainable rate, payable in such medium of payment as to both principal and interest as may be determined by the commission and may be made redeemable before maturity, at the option of the commission, at such price or prices and under such terms and conditions as may be fixed by the commission in the resolution in providing for the issuance of the bonds. The commission shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or the denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust 1 company within or without the State. The bonds may be issued in coupon or registered form, or both, as the commission may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. SociAL WELFARE. 99-2706 the county or municipalities so conveying: Provided, however, payment shall be to the credit of the general funds of the county or municipalities and it shall be the reasonable value of the lands as may be determined by three appraisers to be agreed upon by the governing authority or body of such county or municipality and the chairman of the commission. The power to make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the commission causes to be erected or acquired. The power to enter into contracts, leases or agreements with any and all political subdivisions, public bodies, public authorities, instrumentalities of the State, departments, institutions, or agencies of the State upon such terms and for such purposes as the commission deems advisable: Provided, however, that said contracts, leases, or agreements are such as are authorized to be entered into by such political subdivisions, public bodies, public authorities, instrumentalities of the State, departments, institutions, or agencies of the State. The power to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality thereof, may impose. The power to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, m anv manner within the purposes or powers of the commission. The power to do any and all other acts and things in this Chapter authorized or required to be done, whether or not included in the general powers in this section mentioned. The power to receive gifts, donations, or contributions from any person, firm, or corporation. The power to hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assembly for any of the purposes of this commission. The power to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of the commission's lands or facilities. The commission shall have the express power to enter into contracts, lease and sublease agreements, dealing with real or personal property, with the Director of the Department of Industry and Trade and the Director of the Department of State Parks, Historic Sites and Monuments. The power to do all things necessary, convenient or incidental to 99-2706.2 SociAL WELFARE. tions. In addition to the foregoing, such trust indenture may contain such other provisions as the commission may deem reasonable and proper for the security of the bondholders. All revenues, rents, and earnings derived from any project or projects and all funds from any source whatsoever received by the commission may be pledged and allocated by the commission to the payment of principal and interest on revenue bonds of the commission as the resolution authorizing the issuance of the bonds or the trust instrument may provide, and such funds so pledged by whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinbefore provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be affirmed for the benefit of all revenue bonds without distinction or priority of one over the other. Any holder of revenue bonds issued under the provisions of this Chapter, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia which are granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Chapter, or by such resolution or trust indenture, to be performed by the commission, or any officer thereof, including the fixing, charging, and collection of revenues, rents, and other charges for the use of the project or projects. However, no holder of such bonds shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against the property of the State, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon any property of the State. It is hereby found, determined, and declared that the creation of the commission and the carrying out of its purposes, as defined herein, is in all respects for the benefit of the people of this State, and is a public purpose and that the commission will be performing an essential governmental function in the exercise of the powers conferred upon it by : this Chapter; and the State covenants with the holders of the bonds that the commission shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdic- SociAL WELFARE. 99-2706.2 All bonds shall be signed by the chairman of the commission and the official seal of the commission shall be affixed thereto and attested by the secretary of the commission, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the commission. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be an officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Such bonds and the income thereof shall be exempt from taxation in the State of Georgia. The commission inay sell said bonds in such manner and for such price as it may determine to be for the best interest of the commission. Any resolution providing for the issuance of revenue bonds under the provisions of this Chapter shall become effective immediately upon its passage, and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the commission by a majority of its members. Revenue bonds issued under provisions of this Chapter shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof, and all such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this paragraph. In the discretion of the commission, any issue of revenue bonds may be secured by a trust indenture by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the commission. Either the resolution providing for the issuanc<:> of revenue bonds or the trust indenture itself may contain such provisions for perfecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not ia violation of law, including covenants setting forth the duties of the commission in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project or projects, and the custody, safe guarding and application of all moneys and revenues, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the commission and satisfactory to the original purchasers of the bonds issued therefor. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corpora- 99-2801 SociAL WELFARE. CHAPTER 99-28. PERSONAL REPRESENTATIVE FOR MANAGEMENT OF ASSISTANCE BENEFITS. Sec. 99-2801. 99-2802. Petition to court of ordinary; contents; filing. Hearing; appointment of representative; removal; costs. Sec. 99-2803. 99-2804. Appeal to superior court. Records of proceedings; facts derived restricted as evidence. Cross-reference.-Guardianship, generally, see Title 49. 99-2801. Petition to court of ordinary; contents; filing.-Any other- . wise qualified applicant for or recipient of old age assistance, aid to the ' blind, aid to the totally and permanently disabled, general assistance or payee in the case of aid to dependent children who is or who shall become unable to manage the assistance payments, or otherwise fails to so manage, to the extent that deprivation or hazard to himself or others results or, in the case of aid to dependent children, the payment is not being used for the benefit of the children, a petition may be filed by the county director of the department of family and children services before the court of ordinary of the county in which the applicant resides or the county in which the recipient receives his check, in the form of a verified written application for the appointment of a personal representative for the purpose of receiving and managing public assistance payments for any such recipient or payee, which application shall allege one or more of the above grounds for the legal appointment of such personal representative. (Acts 1%4, p. 200.) 99-2802. Hearing; appointment of representative; removal; costs.The court shall summarily order a hearing on the petition and shall cause the applicant or recipient to be served personally with a copy of said petition and order at least five days in advance of the time and . place for the hearing. Findings of fact shall be made by the court without a jury; and if the court shall find that the applicant for or recipient of old age assistance, aid to the blind, aid to the totally and permanently disabled, general assistance or payee in the case of aid to dependent children is unable to manage the assistance payments or otherwise fails so to manage, to the extent that deprivation or hazard to himself or others results, or, in the case of aid to dependent children, the payment is not being used for the benefit of the children, the court may there- upon enter an order embracing said findings and appointing some re- sponsible person as a personal representative of the applicant or recipient . or of the payee in the case of aid to dependent children for the purposes set forth herein: Provided, however, that no employee of the Depart- . ment of Family and Children Services shall be eligible to hold such ap- ' pointment. The personal representative so appointed shall serve without , bond and without compensation. He will be responsible for receiving the monthly assistance payment and using the proceeds of such payment for the benefit of the recipient of old age assistance, aid to the blind, aid to the totally and permanently disabled, general assistance, or, SociAL WELFARE. 99-2707 tion, control, possession, or supervtston, or upon its activities in the operation or maintenance of the buildings and facilities erected or acquired by it, or any fees, rentals, or other charges, for the use of such buildings, or any other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this State. Any action to protect or enforce any rights under the provisions of this Chapter shall be .brought in the superior court of Fulton county, Georgia, and any action pertaining to validation of any bonds issued under provisions of this Chapter shall likewise be brought in the said court which shall have exclusive, original jurisdiction of such actions. Bonds of the commission shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of 1937 (Chapter 87-8, Code of Georgia). The petition for validation shall also make party defendant to such action any Authority, subdivision, instrumentality or agency of the State of Georgia which has contracted with the commission for the use of any building or facility for which bonds have been issued and sought to be validated, and such Authority, subdivision, instrumentality or agency shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the commission. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the commission issuing the same and any Authority, subdivision, instrumentality, department or agency contracting with the commission. The commission shall prescribe the rules and regulations for the operation of all projects, and it shall be the duty of the commission to fix rentals and other cha.rges for the use of such projects so as to provide a fund sufficient with other revenues, if any, to pay the cost of maintaining, repairing and operating the projects and to pay the principal of the revenue bonds and the interest thereon as the same shall become due. (Acts 1964, pp. 369, 370.) Editorial Note.-While this section refers to "bonds of the Authority" in the 11th paragraph, it is apparent that "bonds of the commission" is intended. 99-2707. Territorial boundaries; counties affected.-The North Georgia Mountains Commission shall exercise all of its powers and engage in the business of its projects within the territorial boundaries and jurisdiction of Banks, Catoosa, Chattooga, Cherokee, Dade, Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield counties and such other counties as may from time to time be admitted by Resolution of the commission. (Acts 1963, pp. 357, 364.) 1 1,., 99-2901 SociAL WELFARE. (Ga. L. 1937, pp. 568, 571, 573, 574, 575 and 578), as amended by an Act approved February 15, 1952 (Ga. L. 1952, pp. 233, 234), as amended by an Act approved April 5, 1961 (Ga. L. 1961, pp. 415, 416, 417) [subsections (b) and (c) of Code 99-704 and the following entire sections: 99-705, 99-708, 99-709, 99-711, 99-712, 99-714 through 99-717, and 99-9904]. Sections 3, 6, 8, 9, 10, 12, 13, and 18 of an Act providing for public assistance to the aged, approved February 26, 1937 (Ga. L. 1937, pp. 311, 313, 315, 316, 317, 318, 320), as amended by an Act approved March 13, 1957 (Ga. L. 1957, pp. 368, 369), as amended by -an Act approved March 25, 1958 (Ga. L. 1958, pp. 307, 308) [Code 99-604, 99-607, 99-609, 99-610, 99-611, 99-613, 99-614, and 99-9903]. ' Sections 3, 6, 7, 8, 9, and 10 of an Act providing for assistance to dependent chil- dren, approved February 26, 1937 (Ga. L. 1937, pp. 630, 632, 633, 634, 635, 636) [Code 99-904, 99-907, 99-908, and 99-910 through 99-913]. Sections 3, 6, 7, 8, 10, 11, 15, and 17 of an Act establishing a program of assist- ance to the totally and permanently disabled, approved February 4, 1952 (Ga. L. 1952, pp. 15, 17, 19, 20, 21, 22, 23) [Code 99-2003, 99-2006, 99-2007, 99-2008, 99-2010, 99-2011, 99-9907, and 99-2016]. An Act to require county welfare boards to maintain roll books and to prohibit commercial or political use of any list of names obtained through access to such records, approved February 15, 1952 (Ga. L. 1952, p. 249) [Code 99-511, 99-512, and 99-9906]. An Act providing for physical examinations of applicants for assistance to the disabled, approved March 6, 1962 (Ga. L. 1962, p. 592) [Code 99-2017]. An Act providing for emergency reserves of $600 for parent recipients of aid to dependent children, approved February 15, 1952 (Ga. L. 1952, pp. 363, 364) [Code 99-921]. An Act providing for emergency reserves of $600 for recipients of aid to the blind, approved February 15, 1952 (Ga. L. 1952, p. 359) [Code 99-705.1]. An Act providing for emergency reserves of $600 for recipients of old age assist- ance, appr.oved February 15, 1952 (Ga. L. 1952, p. 269), as amended by Section 3-A of an Act to amend various Acts of the General Assembly of Georgia relating to welfare, which increased such emergency allowance to $800, approved March 13, 1957 (Ga. L. 1957, pp. 368, 372) [Code 99-621]. Section 1 of an Act to provide recovery from the estate of a deceased recipient of old age assistance, and for other purposes, approved February 21, 1951 (Ga. L. ' 1951, pp. 466, 467) [Code 99-624]. Section 2 of an Act relating to the administration of the public welfare laws, ap- proved March 27, 1941 (Ga. L. 1941, pp. 485, 486) [Code 99-623]. An Act providing for the responsibility of financially able children to support their needy parents and for recovery of any assistance paid in cases involving financially able children who fail to support needy parents, approved February 21, 1951 (Ga. L. 1951, pp. 691, 692) [Code 99-626, 99-627]. 99-2901. Short title of Chapter.-The short title of this Chapter shall be "Georgia Public Assistance Act of 1965." (Acts 1965, pp. 385, 386.) 99-2902. Defi.nitions.-As used in this Chapter the word "State" means the State of Georgia; the word "department" means the Department of Family and Children Services including the county departments of family and children services, and the agents, agencies, officers and employees designated by the Director of the department to perform any function vested in the department by this Chapter; the term "Director" as used herein means the Director of the Department of Family and Children Services of the State of Georgia; the term "public assistance" means payment in or by money, medical care, remedial care, goods or services to, or for the benefit of needy persons under any categories that may be established pursuant to this Chapter; the word "recipient" means a person to whom, or on whose behalf, public assistance is granted. (Acts 1965, pp. 385, 386.) 99-2903. Establishment of categories; administration of Chapter.-(a) The Department of Family and Children Services of the State of Geor- SociAL WELFARE. 99-2 in the case of aid to dependent children, for the application of the p ment to the best interest of the children. Such personal representa shall be responsible to the court for the faithful discharge of the dutk~ of his trust. The court may consider the recommendation of the director of the county department of family and children services in the selection of a suitable person for appointment as personal representative for the limited purposes of this section. The personal representative so appointed may be removed by the court, and the proceedings dismissed or another suitable personal representative appointed. All costs of court \Yith respect to any such proceeding shall be waived. (Acts 1964, p. 200.) 99-2803. Appeal to superior court.-From the order of the court appointing or removing such personal representative an appeal may be had to the judge of the superior court who shall hear the matter de novo without a jury. (Acts 1964, pp. 200, 201.) Cross-reference.-Appeals from court of ordinary, generally, see Chapter 6-2. 99-2804, Records of proceedings; facts derived restricted as evidence.-The court may for the purposes of this section direct the director of the county department of family and children services to maintain records pertaining to all aspects of any personal representative proceedings, which the court may adopt as the court's record and in lieu of maintenance of separate records by the court. The facts arrived at by the director of the county department of family and children services pursuant to this section and the findings of the court pursuant to this section shall not be competent as evidence in other proceedings dealing with any subject-matter other than as provided herein. (Acts 1964, pp. 200, 201.) CHAPTER 99-29. GEORGIA PUBLIC ASSISTANCE ACT OF 1965. Sec. 99-2901. 99-2902. 99-2903. 99-2904. 99-2905. 99-2906. 99-2907. 99-2908. . 99-2909. Short title of Chapter. Definitions. Establishment of categories; administration of Chapter. Eligibility for public assistance. Amount of public assistance. Application for public assist- ance. Investigation of applicant. Award and payment of public assistance. Redetermination of grants; hearings. Sec. 99-2910. 99-2911. 99-2912. 99-2913. 99-2914. 99-2915. 99-2916. 99-2917. Records. Hearings. Fraud in obtaining public as- sistance; repayment. Income and resources to be exempt or disregarded. Research, demonstration, and work experience projects. Intention of the legislature. County financial partiCipation in the assistance programs. Physical examination of appli- cants. Editorial Note.-Acts 1965, p. 385, which forms the basis for this Chapter, contains at Section 19 thereof a repealer of many earlier laws, .and states that "the provisions of this Act are enacted in lieu thereof." The repeals in Section 19 are substantially as follows: Subparagraphs (b) and (c) of Section 3 and Sections 4, 7, 8, 10, 11, 13, 14 and 21 of an Act providing for aid to needy blind persons, approved February 26, 1937 99-2906 SociAL WELFARE. and Children Services. (Acts 1965, pp. 385, 388.) 99-2906. Application for public assistance.-Applications for public assistance shall be submitted to and accepted by the county department of family and children services of the county of the applicant's residence. Such applications shall be accepted by said county department of family and children services from or on behalf of any person who believes himself eligible for public assistance. Such applications shall be made in the manner and form prescribed by the State Department of Family and Children Services and shall contain such information as the department shall require. (Acts 1965, pp. 385, 388.) 99-2907. Investigation of applicant.-Whenever the county department of family and children services shall receive an application for public assistance said county department shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting the application and to obtain such other information as may be required by the State Department of Family and Children Services. (Acts 1965, pp. 385, 388.) 99-2908. Award and payment of public assistance.-(a) Upon the completion of such investigation the county department of family and children services shall decide whether the applicant is eligible for assistance under the provisions of this Chapter and determine, in accordance with the rules and regulations of the State Department of Family and Children Services, the amount and kind of such assistance and the date on which such assistance shall begin. After a determination has been made as to the eligibility for, and the type and amount of, assistance to be provided, such assistance shall be furnished (in accordance with regulations of the Department of Family and Children Services) with reasonable promptness to all eligible persons. (b) Money payments of public assistance shall be made by check in accordance with the regulations of the Department of Family and Children Services. (Acts 1965, pp. 385, 388.) 99-2909. Redetermination of grants ; hearings.-All public assistance grants made under this Chapter shall be reconsidered by the county departments of family and children services (in accordance with the regulations of the State Department of Family and Children Services promulgated by the Director) as frequently as they may be required by rules of the State Department of Family and Children Services, but in every case the county department shall make such reconsideration at least once each year. After such further investigation as the Director may deem necessary, the amount of public assistance may be changed, or may be entirely withdrawn, if it is found by the Department of Family and Children Services that any such grant has been made erroneously, or if it is found that the recipient's circumstances have altered sufficiently to warrant such action. If, at any time during the continuance of public assistance, the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him, SociAL WELFARE. 99-2905 gia established by Act of the General Assembly (Chapter 99-2) is authorized to establish any of the following categ.ories of public assistance, and to adopt plans combining the administration of such categories of assistance as the department may elect : (1) Old age assistance; (2) Aid to the blind; (3) Aid to the disabled; (4) Aid to families with dependent children; (5) Medical assistance to the aged; (6) Aid to the aged, blind and adult disabled persons under a com- bined plan adopted pursuant to Title XVI of the Federal Social Security Act. (b) This Chapter shall be administered by the Department of Family and Children Services, including the county-departments of family and children services acting under the direction and supervision of the State Director of the Department of Family and Children Services. In administering this Chapter the State Department of Family and Children Services, including the county departments of family and children services acting under the direction and supervision of the State Department, shall: (1) Provide for maximum cooperation with other agencies, public and private, of this State, of other States and of the Federal Government in rendering services to maintain and strengthen family life and to help applicants for public assistance and recipients to attain selfsupport or self-care; (2) Establish and enforce such rules and regulations as may be necessary or desirable to carry out the provisions of this Chapter; (3) Cooperate in all necessary respects with agencies of the United States Government in the administration of this Chapter, and accept any funds, goods, or services available to the Department of Family and Children Services for public assistance and for other welfare programs and projects; (4) Enter into reciprocal and cooperative agreements with other agencies of the State and with agencies of any other State relative to the providing of assistance or service to residents and nonresidents; (5) Make reports at such times and in such form as may be required by agencies of the United States Government. (Acts 1965, pp. 385, 386.) 99-2904. Eligibility for public assistance.-Public assistance shall be awarded to, or on behalf of, any individual who is a resident of the State and is otherwise eligible therefor under one of the categories established pursuant to this Chapter, as determined in accordance with the regulations of the department: Provided, however, that residence in the State in excess of one year may not be required with respect to any individual under any such category. (Acts 1965, pp. 385, 387.) 99-2905. Amount of public assistance.-The amount of public assistance which any person shall receive shall be determined in accordance with regulations approved by the Director of the Department of Family 99-2912 SOCIAL WELFARE. 99-2912. Fraud in obtaining public assistance; repayment.-(a) Any person who by means of false statement, failure to disclose information, or impersonation, or by other fratidulent device, obtains or attempts to obtain, or any person who knowingly aids or abets such person in the obtaining or attempting to obtain: (1) any grant or payment of public assistance to which he is not entitled; (2) a larger amount of public assistance than that to which he is entitled; or (3) payment of any for- 1 feited grant of public assistance; or any person who with intent to defraud the Department of Family and Children Services of the State of Georgia aids or abets in the buying or in any way disposing of the real property of a recipient of public assistance, shall be punished in accord with section 99-9904. (b) Any person who obtains any payment of public assistance to which he is not entitled, or in excess of that to which he is entitled, shall be liable to repay such sum, or if continued on assistance shall have future grants proportionately reduced until the excess amount received -has been repaid. In any case in which, under this section, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the Department of Family and Children Services of the State of Georgia. Any repayment required by this subsection may, in the discretion of the Director of the Department of Family and Children Services, be waived in whole or in part, upon a finding by the Director of the Department of Family and Children Services that such repayment would deprive such person, his spouse, parent, or child of shelter or subsistence needed to enable such person, spouse, parent, or child to maintain a minimum standard of health and well-being. (Acts 1965, pp. 385, 391.) 99-2913. Income and resources to be exempt or disregarded.-In determining eligibility for, and the amount and kind of assistance to be provided, the State Department of Family and Children Services shall prescribe by regulations reasonable emergency reserves and the income and resources which may be exempt and disregarded. With respect to any category of assistance the income and resources to be disregarded shall not be in excess of the amounts and kinds authorized under the Federal Social Security Act and shall not be less than the amounts and kinds of income and resources required to be disregarded by the Federal Social Security Act and any other Act of the Congress of the United States relating to the assistance programs for which Federal financial participation is authorized under Titles I, IV, X, XIV, and XVI of the Federal Social Security Act. (Acts 1965, pp. 385, 392.) 99-2914. Research, demonstration, and work experience projects.Except as modified by and pursuant to the provisions of this Chapter, the same provisions concerning eligibility for assistance as now obtained with respect to old age assistance, aid to the blind, aid to families with dependent children, and aid to the totally and permanently disabled shall remain in force and effect. The State Department of Family and Children Services is authorized SociAL WELFARE. 99-2911 or if other changes shall occur in the circumstances previously reported by him which would alter either his need or his eligibility, it shall be his duty to notify the county department of family and children services of such fact immediately on the receipt or possession of such additional income or resources, or on the change of circumstances. The Department of Family and Children Services may also, upon its own motion, review any decision of a county department, and may consider any application upon which a decision has not been made by the county department within a reasonable time. Where the Department of Family and Children Services, on its own motion, reviews decisions of a county department or considers applications upon which a decision has not been made, it may make such additional investigation as it may deem necessary, and it shall determine whether the applicant shall be granted assistance and the amount of such assistance, and whether assistance being paid to a recipient shall be modified or canceled. Applicants or recipients affected by such decisions of the Department of Family and Children Services shall, upon request, be given reasonable notice and opportunity for a hearing by the department. (Acts 1965, pp. 385, 389.) 99-2910. Records.-(a) The Director of the Department of Family and Children Services is directed to prescribe regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Department of Family and Children Services, including the county departments of family and children services, relating to public assistanc,e. Except as herei!l otherwise pr~vided, such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for, or recipients of, public assistance to purposes directly connected with the administration (>f public assistance. The Director of the Department of Family and Cb~ldren Services is authorized in his discretion to include in such regulations provision for the public to have access to the records of disbursement or payment of public assistance made after the effective date of this Chapter. (b) No person who obtains information by virtue of any regulations made pursuant to subsection (a) of this section shall use such information for commercial or political purposes. (Acts 1965, pp. 385, 390.) Editorial Note.-This Chapter was approved and effective March 30, 1965. 99-2911. Hearings.-An applicant for, or recipient of, public assistance aggrieved by the action or inaction of the Department of Family and Children Services, including the county departments of family and children services, shall be entitled t.o a hearing. Each applicant or recipient shall be notified of his right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted in accordance with rules and regulations prescribed by the Director of the Department of Family and Children Services. The decision of the Director of the Department of Family and Children Services on any appeal shall be final. (Acts 1965, pp. 385, 390.) 99-3001 SociAL WELFARE. CHAPTER 99-30. HEALTH INSURANCE FOR COUNTY EMPLOYEES OF DEPARTMENT OF FAMILY AND CHILDREN SERVICES. Sec. 99-3001. 99-3002. 99-3003. 99-3004. 99-3005. 99-3006. 99-3007. 99-3008. 99-3009. "County employee" defined. "Employee" defined. "Board" defined. Organization and establish- ment by State Personnel Board; rules and regulations; extent of coverage. Exclusions from coverage. De~ign of plan; controls; reinsurance; utilization of facilities. Contracts of insurance and reinsurance; certificates of coverage. Rights of retiring employees and dependents; election as to participation or withdrawal. Inclusion of spouses and dependent children. Sec. 99-3010. 99-3011. 99-3012. .99-3013. 99-3014. 99-3015. 99-3016. Payment of benefits. Health insurance fund. Payment by employees and State Department of Family and Children Services. Rules and regulations; employment of administrative personnel; allocation of costs. Certification as to percentage adopted as employer payments. Effective date of Chapter; employer and employee commencement dates; employees covered; notification as to whether employees in each county to be included in plan. Chapter not effective until appropriation of funds. 99-3001. "County employee" defined.-For the purposes of this Chapter, a county employee of the State Department of Family and Children Services is a person who works full time for a county or district department of family and children services and receives his compensation in a direct payment from a county or district department of family and children services. (Acts 1965, pp. 515, 516.) 99-3002. "Employee" defined.-The term "employee" as used in this Chapter means county employee of the State Department of Family and Children Services. (Acts 1965, pp. 515, 516.) 99-3003. "Board" defined.-The term "board" as used in this Chapter means the State Personnel Board. (Acts 1965, pp. 515, 516.) 99-3004. Organization and establishment by State Personnel Board; rules and regulations; extent of coverage.-The State Personnel Board is hereby authorized to establish a health insurance plan for employees of the State Department of Family and Children Services, to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this Chapter, which may provide for group hospitalization, surgical and medical insurance against the financial costs of hospitalization, surgery, medical treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic , appliances, hospital in-patient and out-patient service benefits, and medical expense indemnity benefits, including major medical benefits. (Acts 1965, pp. 515, 516.) 99-3005. Exclusions from coverage.-Such health insurance shall not include expenses incurred by or on account of an individual prior to the effective date of the plan as to him; dental care and treatment exce t SOCIAL WELFARE. 99-2917 to enter into agreements with departments and agencies of the Government of the United States for the purposes of accepting grants, providing matching funds, and administering of such grants and funds, in accordance with regulations to be promulgated, for research and demonstration projects under Title XI, Section 1115 of the Social Security Act, without regard to the factor of State-wideness and such other factors as may be required to be waived by the terms of the Federal grant. The Department of Family and Children Services also shall be authorized to participate in work experience or any other projects authorized under Title V of the Economic Opportunity Act of 1964, P. L. 88-452, 78 Stat. 508, and in the distribution of surplus food through a food stamp program under 7 U. S. C. 1695. (Acts 1965, pp. 385, 392.) 99-2915. Inte.ntion of the legislature.~It is the intention of the legislature that this Chapter be construed consistent with the provisions of the Federal Social Security Act and any provision of this Chapter found to be in conflict with the provisions of the Federal Social Security Act shall be deemed to be void and of no effect. It is further the intention of the legislature that in view of the joint State and Federal financial participation in the assistance programs that the Department of Family and Children Serv.ices shall be authorized to adopt such regulations as may be necessary to comply with the requirements of the Federal Social Security Act. (Acts 1965, pp. 385, 393.) 99-2916. County financial participation in the assistance programs.The existing provisions of State law concerning the amount of county financial participation in the cost of administration and the cost of assistance provided under any of the categories of assistance authorized under section 99-2903 shall remain the same as now provided, even though a combined plan for a~sistance in the adult categories or aid to the aged, aid to the blind, and aid to the totally and permanently disabled is adopted pursuant to Title XVI of the Social Security Act. County financial participation in the assistance programs and in the food stamp programs shall be the same as now provided in section 99-728. (Acts 1965, pp. 385, 393.) 99-2917. Physical examination of applicants.-With respect to appli- cants for any category of public assistance as defined in section 99-2903, the State Department of Family and Children Services may require physical examinations of applicants, and may require the results thereof to be recorded by the examining physician on forms furnished by the State Department of Family and Children Services. Upon receipt of the form from the examining physician the county department shall forward it to the State Department of Family and Children Services whose duty it shall be to review the medical information contained thereon and determine therefrom whether the applicant meets the medical require- !' , ments for assistance under this Chapter. When said decision has been made by the State Department of Family and Children Services the county department wil1 be notified and hound thereby. (Acts 1965, pp. 385 393. 99-3008 SociAL WELFARE. more such corporations as the administering corporation or corporations. Each employee who is covered under any such contract or contracts shall receive a certificate setting forth the benefits to which the employee and his dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his dependents. Such certificate shall be in lieu of the certificate which the corporation or corporations issuing such contract or contracts would otherwise issue. The corporation eligible to participate as reinsurers, and the amount of coverage under the contract or contracts to be allocated to each issuing corporation or reinsurer, may be redetermined by the board for and in advance of any contract year after the first year and with any modifications thereof it deems appropriate to carry out the intent of such subdivision, subject to such limitations as set forth in this Chapter. The board may at the end of any contract year discontinue any contract or contracts it has executed with any corporation or corporations and replace it or them with a contract or contracts in any other corporation or corporations meeting the requirements of this section or may in its discretion establish a self-insured plan in whole or in part. (Acts 1965, pp. 515, 518.) 99-3008. Rights of retiring employees and dependents ; election as to participation or withdrawal.-The contract or contracts shall provide for health insurance for retiring employees of the State Department of Family and Children Services and their spouses and dependent children as defined by the regulations of the board, on such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the plan. (Acts 1%5, pp. 515, 519.) 99-3009. Inclusion of spouses and dependent children.-Each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the board, included in the coverage upon agreeing to pay his contribution to the cost of such coverage for such dependents. The board shall adopt regulations governing the discontinuance and resumption by employees of coverage for dependents. (Acts 1965, pp. 515, 519.) 99-3010. Payment of benefits.-Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based, or to the covered employee, upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the board. (Acts 1965, pp. 515, 519.) 99-3011. Health insurance fund.-There is hereby created a health insurance fund which shall be available without fiscal year limitation for premium, subscription charge, benefits, and administration costs. The amounts. withheld from employees and retired employees under this Chapter, all amounts contributed by the S1:ate or from Federal funds to SociAL WELFARE. 99-3007 dental surgery and appliances to the extent necessary for the correction of damage caused by accidental injury while covered by the plan, or as a direct result of disease covered by the plan ; eye glasses, hearing aids and examinations for the prescription or fitting thereof; cosmetic surgery or treatment except to the extent necessary for correction of damage caused by accidental injury while covered by the plan or as a direct result of disease covered by the plan; services received in a hospital owned or operated by the United States Government for which no charge is made; services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer group plan other than this plan, in which the State participates in the cost thereof, and such other expenses as may be excluded by regulations of the board. (Acts 1965, pp. 515, 517.) 99-3006. Design of plan ; controls ; reinsurance ; utilization of facilities. -The health insurance plan shall be designed by the State Personnel Board: (1) to provide a reasonable relationship between the hospital, surgical and medical benefits to be included, and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents; and (2) to include reasonable controls, which may include deductible and reinsurance provisions applicable to some or all of the benefits, to reduce unnecessary utilization of the various hospital, surgical and medical services to be provided and to provide reasonable assurance of stability in future years of the plan. (Acts 1%5, pp. 515, 517.) 99-3007. Contracts of insurance and reinsurance ; certificates of cover, age.-Said board is hereby authorized to execute a contract or contracts to provide the benefits under the plan of health insurance benefits determined upon in accordance with the provisions of this Chapter. Such contract or contracts may be executed with one or more corporations licensed to transact accident and health insurance business in this State. All of the benefits to be provided under this Chapter may be included in one or more similar contracts, or the benefits may be classified into different types with each type included under one or more similar contracts issued by the same or different companies. A reasonable time before entering into any insurance contract hereunder said board shall invite proposals from such qualified insurers as in the opinion of the board would desire to accept any part of the insurance coverage authorized by this Chapter. Said board may arrange with any corporation licensed to transact accident and health insurance business in this State issuing any such contract to reinsure portions of such contract with any other such corporation which elected to be a reinsurer and is legally competent to enter into a reinsurance agreement. The board may designate one or 99-3015 SociAL WELFARE. suing fiscal year and the Director of the State Department of Family and Children Services shall. in his annual budget, make provisions for funds with which to pay the board the required employer payments. (Acts 1965, pp. 515, 521.) 99-3015. Effective date of Chapter; employer and employee commencement dates; employees covered; notification as to whether employees in each county to be included in plan.-(a) This Chapter shall take effect July 1, 1965; on said date. or as soon thereafter as the board shall determine herein defined as the "e~ployer commencement date," the State Merit System Director shall notify the State Department of Family and Children Services that the employer payments will commence en said date. The State Merit System Director shall also notify the , State Department of Family and Children Services, which shall notify , all employees, that employee payments will commence on a date which shall be not later than three calendar months following the "employer commencement date." The date established by the board with reference to the employee payments shall be herein defined as the "employee commencement date." Upon establishment of the "employer commencement date," the provisions of this Chapter with reference to such payments will go into effect. In determining the commencement dates, the board shall be governed by the money made available by the State to carry this Chapter into effect. (b) All persons who become employees of the State Department of Family and Children Services as defined in this Chapter, on or after the "employer commencement date," and who are eligible as specified by rules and regulations of the board, shall, as a condition of their employment, become members of this health insurance program; except, that any employee of the State Department of Family and Children Services in service prior to the "employer commencement date," who is otherwise eligible in accordance with rules and regulations of the board, shall have an option to elect coverage in this program, and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the board relative thereto. (c) Prior to April 1, 1965, the Director of the State Department of Family and Children Services shall forward to the governing authorities of the several counties of this State a copy of Acts 1965, p. 515, the basis for this Chapter, and prior to June 1, 1965, the governing authority of each county of the State shall notify the Director of the State Department of Family and Children Services in writing whether or not the county employees of the State Department of Family and Children Services in such county shall be included in the health insurance plan established pursuant to the provisions of this Chapter. In the event the governing authority of any such county shall fail to notify the Director of the State Department of Family and Children Services in writing whether or not such county employees of the State Department of Family and Children Services in such county shall be included in the health SociAL WELFARE. 99-3014 such health insurance fund, pursuant to this Chapter, shall be credited to such health insurance fund. All other income as well as the income derived from any dividends, premium rate adjustments or other refunds under any such contract or contracts shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The Merit System Director shall be the executive offic<;!r of the State Personnel Board for the administration of this Chapter, and custodian of such health insurance fund, and shall be responsible under a properly approved bond for all moneys coming into said fund, and paid out of said fund as may be required to be paid to any contracting corporation under any contract entered into pursuant to the provisions of this Chapter, and to cover administrative costs. (Acts 1%5, pp. 515, 519.) 99-3012. Payment by employees and State Department of Family and Children Services.-During any period in which an employee is covered un<1er this Chapter prior to the date of his retirement, there shall be withheld from each salary payment or other compensation of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Chapter as may be established by the board. The State Department of Family and Children Services shall contribute to this health insurance fund such portion of the costs of such benefits as may be established by the State Personnel Board and approved by the State Department of Family and Children Services in addition to an amount to be established by the board to defray the cost of administration and the State's portion of the cost of benefits payable for annuitants. (Acts 1965, pp. 515, 520.) 99-30l~i. Rules and regulations; employment of administrative personnel; a.llocation of costs.-The board shall promulgate such rules and regulations as may be required for the effective administration of this Chapter. Such rules and regulations shall include, but not be limited to, rules and regulations establishing the conditions under which employees who originally rejected coverage may acquire coverage at a later date. The Merit System Director, as executive officer of the State Personnel Board, shall employ such personnel as may be needed to carry out the provisions of this Chapter, and such employees shall be employees of the State Merit System of Personnel Administration. The pro rata share of the costs of operating the Merit System of Personnel Administration in the manner prescribed by law shall be a part of the administrative costs of the employees health plan. (Acts 1965, pp. 515, 520.) 99-3014. Certification as to percentage adopted as employer payments. -On or before June 1st of each year, the State Merit System Director shall certify to the Director of the State Department of Family and Children Services having employees covered by this Chapter the amount of percentage adopted by the board as employer payments for the en- SociAL WELFARE. 99-3109 dren Services who are in contact with and counsel those persons likely to desire family planning services. Such training program should be designed to provide such employees with complete information regarding family planning and birth control and all matters related thereto. (2) A systematic plan for coordinating the activities of the two departments and their counterparts at the county and district level in the area of family planning services. (Acts 1966, pp. 228, 230.) 99-3108. Department of Health and Department of Family and Children Services authorized to adopt and promulgate rules and regulations. --The State Department of Health and the State Department of Family and Children Services are hereby authorized and directed, by and through their respective boards, to adopt and promu1gat~ rules and regulations to carry out the provisions of this Chapter. Such rules and regulations shall provide the necessary requirements and guides for county .'lnd district departments of public health and departments of family and children services. (Acts 1966, pp. 228, 230.) 99-3109. Liberal construction of Chapter.-This Chapter shall be liberally construed to protect the r~ghts of all individuals to pursue their religions beliefs, to follow the dictates of their own consciences, to prevent the imposition upon any individual of practices offensive to the ~ individuaJ's moral standards, to respect the right of every individual to self determination in the procreation of children, and to insure a complete freedom of choice in pursuance of his constitutional rights. (Acts 1966, pp. 228, 230.) CHAPTER 99-99. CRIMES. Sec. 99-9901. .Penalty for assisting escape of or harboring child under custody of Division for Chil- Sec. 99-9907 . Fraud in procuring assistance for disabled persons under Chapter 99-20. dren and Youth. 99-9908. Penalty for fraudulently ob- 99-9902. False statements and other taining benefits under Chap- violations of Chapter 99-3. ter 99-22, Hospital Care for 99-9903. Improper use of information the Indigent. 99-9904. obtained by virtue of regulations of Director of Department of Family and Children Services. Fraud in obtaining public as- 99-9909. Violations of Chapter 99-24, relating to treatment of mentally ill persons; disclosure of information contrary to section 99-2419. sistance; illegal disposal of 99-9910. Same; unwarranted hospital- 99-9905. 99-9906. real property of recipient. Violations of Chapter regulat- ing hospitals and like insti- tutions. Violation of section 99-512 re- lating to use of names of 99_9911 ization or denial of rights of persons. Violations of Chapter 99-25, the Medical Assistance for the Aged Act. beneficiaries of welfare. Editorial Note.-Any annotations to this Chapter will be found in Book lOA or the Supplement thereto. SociAL WELFARE. 99-3102 ~nsurance plan established pursuant to the provisions of this Chapter, 1t shall be conc1usively presumed that the governing authority of such county shall have elected not to include the county employees of the State Department of Family and Children Services of such county in the health insurance plan established pursuant to the provisions of this Chapter. (Acts 1965, pp. 515, 521.) 99-3016. Chapter not effective until appropriation of funds.-The provisions of this Chapter shall not become effective until the funds necessary to carry out the provisions of this Chapter have been appropriated to the State Department of Family and Children Services by the General Assembly of Georgia. (Acts 1965, pp. 515, 522.) CHAPTER 99-31. FAMILY PLANNING SERVICES ACT. Sec. 99-3101. Short title of Chapter. 99-3102. Definitions. 99-3103. Who is eligible to receive family planning services. 99-3104. Services to be without charge. 99-3105. Right to refuse to accept services. 99-3106. Employees may refuse to offer services if contrary to religious beliefs. Sec. 99-3107. 99-3108. 99-3109. Department of Health and Department of Family and Children Services authorized to develop plans and programs to carry out provisions of Chapter. Department of Health and Department of Family and Children Services authorized to adopt and promulgate rules and regulations. Liberal construction of Chapter. Cross-reference.-State Department of Public Health, see Chapter 88-1. 99-3101. Short title of Chapter.-This Chapter shall be known and may be cited as the "Family Planning Services Act." (Acts 1966, p. 228.) 99-3102. Definitions.-(a) The word "agencies" as used in this Chapter sh