Rule 290-1-10-.04. Applicability of Rules

1. (a) A parent of a child may delegate caregiving authority of such child to an adult residing in this state who is the grandparent, great-grandparent, stepparent, former stepparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a child or to a non-relative of the child who is approved as an agent by a child-placing agency, a non-profit entity or a faith-based organization for a period not to exceed one year, except as provided in O.C.G.A. Sec. 19-9-132, by executing a power of attorney in accordance with the provisions of O.C.G.A. Secs. 19-9-120et seq.
2. (b) The Department shall not license or regulate a power of attorney for the care of a child delegation executed in accordance with the provisions of O.C.G.A. Secs. 19-9-120et seq.
3. (c) The parties subject to a power of attorney executed under O.C.G.A. Secs. 19-9-120et seq., shall not be subject to any of the licensing requirements or regulations for foster care or other requirements or regulations relating to community care for children. A child subject to a power of attorney executed under O.C.G.A. Secs. 19-9-120et seq., relating to the power of attorney for care of a child, shall not be considered placed in foster care under Chapter 5 of Title 49. The caregiving authority delegated under O.C.G.A. Secs. 19-9-120et seq., relating to the power of attorney for care of a child, shall not constitute an out-of-home child placement.
4. (d) Although the parties subject to a power of attorney are not required to meet rules and regulations applicable to child welfare agencies licensed pursuant to Chapter 5 of Title 49, the parties shall make available to the Department's licensing authority any documentation required to confirm that services being provided are not subject to licensure pursuant to Chapter 5 of Title 49.
5. (e) The execution of a power of attorney under O.C.G.A. Secs. 19-9-120et seq., relating to the power of attorney for care of a child, shall not delegate caregiving authority for more than one child unless such power of attorney delegates caregiving authority for children who are siblings or stepsiblings.
6. (f) If an agent ceases its role as a caregiving authority as delegated by the child's parent under O.C.G.A. Secs. 19-9-120et seq., and wishes to become an alternative placement resource for the child, the agent must first be approved as a placement resource by a child-placing agency or the Department.

Authority: O.C.G.A. §§ 19-9-120et seq., 49-5-12.

History. Original Rule entitled "Applicability of Rules" adopted. F. Nov. 15, 2018; eff. Dec. 5, 2018.