Bill Text: GA SB185 | 2011-2012 | Regular Session | Engrossed
Bill Title: Early Care/Learning; provide emergency closure; upon death of a minor or certain circumstances; definitions; procedures
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2011-07-01 - Effective Date [SB185 Detail]
Download: Georgia-2011-SB185-Engrossed.html
11 LC 33 4170ERS
(SCS)
Senate
Bill 185
By:
Senators Sims of the 12th, Hooks of the 14th, Seay of the 34th, Tate of the
38th, Davis of the 22nd and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating
to early care and learning, so as to provide for emergency closure of an early
care and education program upon the death of a minor or certain circumstances;
to revise definitions; to provide for certain procedures; to provide for
hearings; to provide for contesting a closure; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1A of Title 20 of the Official Code of Georgia Annotated, relating to early care
and learning, is amended by revising Code Section 20-1A-13, relating to the
emergency placement of monitors in early care and education programs, as
follows:
"20-1A-13.
(a)
As used in this Code section, the term:
(1)
'Emergency order' or 'order' means a written directive by the commissioner or
the commissioner's designee placing a monitor in an early care and education
program or
closing an early care and education program in accordance with this Code
section.
(2)
'Monitor' means a person designated by the department to remain on site in a
program as an agent of the department, observing conditions.
(3)
'Preliminary hearing' means a hearing held by the
department
Office of
State Administrative Hearings as soon as
possible after the order is entered at the request of a program which has been
affected by an emergency order placing a monitor in the program
or closing the
program in accordance with Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act.'
(b)
The commissioner or his or her designee may order the emergency placement of a
monitor or monitors in an early care and education program upon a finding that
rules and regulations of the department are being violated which threaten the
health, safety, or welfare of children in the care of the program and when one
or more of the following conditions are present:
(1)
The program is operating without a license, commission, or
registration;
(2)
The department has denied application for license, registration, or commission
or has initiated action to revoke the existing license, registration, or
commission of the program; or
(3)
Children are suspected of being subjected to injury or life-threatening
situations or the health or safety of a child or children is in
danger.
(c)
A monitor may be placed in a program for no more than ten consecutive calendar
days, during which time the monitor shall observe conditions and regulatory
compliance with any recommended remedial action of the department. Upon
expiration of the ten-day period, should the conditions warrant, the initial
ten-day period may be extended for an additional ten-day period. The monitor
shall report to the department. The monitor shall not assume any administrative
or
child-caring responsibility within the
program, nor shall the monitor be liable for any actions of the program. The
salary and related costs and travel and subsistence allowance as defined by
department policy of placing a monitor in a program shall be reimbursed to the
department by the program, unless the order placing the monitor is determined to
be invalid in a contested case or by final adjudication by a court of competent
jurisdiction, in which event the cost shall be paid by the
department.
(d)
An emergency order shall contain the following:
(1)
The scope of the order;
(2)
The reasons for the issuance of the order;
(3)
The effective date of the order if other than the date the order is
issued;
(4)
The person to whom questions regarding the order are to be addressed;
and
(5)
Notice of the right to a preliminary hearing.
(e)
Unless otherwise provided in the order, an emergency order shall become
effective upon its service. Service of an emergency order may be made upon the
owner of the facility, the director of the facility, or any other agent,
employee, or person in charge of the facility at the time of the service of the
order.
(f)
A request for a preliminary hearing shall be made in writing within five days
from the time of service, excepting weekends. The request
must
shall
be made to the representative of the department designated in the order.
Unless a
request is made to appear in person, the preliminary hearing shall consist of an
administrative review of the record, written evidence submitted by the early
care and education program affected, and a preliminary written argument in
support of its contentions.
(g)
If a request is made to appear in person at the preliminary hearing, the program
shall provide the name and address of the person or persons, if any, who will be
representing the program in the preliminary hearing.
(h)(g)
Upon receipt of a request for a preliminary hearing, the department
shall
immediately forward the request to the Office of State Administrative Hearings,
which shall set and give notice of the
date, time, and location of the preliminary hearing. The preliminary hearing
shall be held as soon as possible after a request therefor but in no event later
than 72 hours after such request, provided that a program may request that such
hearing be held earlier and that in no event shall a hearing be held on a
weekend or holiday.
(i)(h)
If a
personal
appearance
hearing
is requested, the preliminary hearing shall consist of a review of
the
all oral and
written evidence
in the
record, any additional evidence introduced
at the
hearing,
and any arguments made. A recording shall be made of the hearing.
(j)(i)
The
department
Office of
State Administrative Hearings shall, where
practicable, issue an immediate oral order and shall, in all instances, issue a
written order within four business days after the close of the
hearing.
(k)(j)
Pending final appeal of the validity of any emergency order issued as provided
in this Code section, such emergency order shall remain in full effect until
vacated or rescinded by the commissioner or the commissioner's
designee.
(k)(1)
Upon the death of a minor at any early care and education program licensed
pursuant to this chapter, unless such death was medically anticipated or no
serious rule violations related to the death by the program were determined by
the department, the commissioner shall immediately request an emergency hearing
from the Office of State Administrative Hearings to determine whether an
emergency closure of the program is warranted. Such hearing shall be conducted
within 48 hours of notice. If the Office of Administrative Hearings finds that
emergency closure is warranted, the commissioner shall issue an order
immediately closing such program for a period of not more than 21 days from the
date of the order. Upon such closure, the program shall be required to
immediately notify the parent or guardian of each child enrolled in the program.
Such process shall also apply in circumstances where a child's safety or welfare
is in imminent danger. Upon a closure, the commissioner or his or her designee
shall immediately conduct a review into the circumstances of the minor's death
or the circumstances where a child's safety or welfare is in imminent danger.
If the commissioner determines that the program where such minor's death
occurred or where imminent danger exists fails to meet the specifications and
requirements of this chapter, the commissioner shall immediately revoke such
program's license. Upon issuance of the notice of revocation, if issued prior
to the expiration of the closure period, the closure of the program shall remain
in effect. If the department issues a notice of revocation during the closure
period, the program shall have the right to appeal the revocation in accordance
with this Code section; provided, however, that the program shall remain closed
until the issuance of an initial decision by the Office of State Administrative
Hearings or if the office overturns the commissioner's emergency closure
determination. If the commissioner determines that the administration or
conditions of the program were not the cause of the minor's death or that a
child's safety and welfare is not in imminent danger or if the department has
not issued a revocation notice within the initial closure period, the
commissioner shall immediately reopen the program for its continued
operation.
(2)
An early care and education program that is closed pursuant to this subsection
shall have the right to contest the emergency closure of such program or the
revocation and continued emergency closure of the program in a manner consistent
with Article 1 of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' and shall be authorized to request an expedited hearing in accordance with
this subsection and the rules and regulations of the Office of State
Administrative Hearings.
(l)
The department is not precluded from other actions permitted by other laws or
regulations during the time an emergency order is in force."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.