20-1-17. Reliance on properly executed affidavit; notice of child ceasing to reside with kinship caregiver; provision of false information in execution of affidavit.

No person who acts in good faith reliance on a properly executed kinship caregiver’s affidavit, having no actual knowledge of any facts contrary to those stated in the affidavit, shall be subject to civil liability or criminal prosecution, or to professional disciplinary procedure, for any action which would have been proper if the facts had been as they believed them to be. This subsection shall apply even if educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities are rendered to a child in contravention of the wishes of the parent or legal custodian of such child; provided, however, that the person rendering the educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities shall not have actual knowledge of the wishes of the parent or legal custodian.#

A person who relies on a properly executed kinship caregiver’s affidavit has no obligation to make further inquiry or investigation. Nothing in this article shall relieve any person of responsibility for violations of other provisions of law, rules, or regulations.#

If a child ceases to reside with a kinship caregiver for a period in excess of 30 days, such kinship caregiver shall, not later than 30 days after such period, notify all parties to whom he or she has transmitted the affidavit or to whom he or she has caused the affidavit to be transmitted.#

Any individual who knowingly provides false information in executing the affidavit required by this article commits the offense of false swearing within the meaning of Code Section 16-10-71 and shall be subject to the penalties prescribed by such Code section.#