---
title: O.C.G.A. § 49-5-8.1. Short-term respite care of child in foster care; reasonable and prudent parent standard.
collection: code
id: 49-5-8.1
cite_as: O.C.G.A. § 49-5-8.1 (2025)
canonical_url: https://georgiacommons.org/code/49-5-8.1
md_url: https://georgiacommons.org/code/49-5-8.1.md
text_url: https://georgiacommons.org/code/49-5-8.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t49-t50-ch1-12-(v38)-2023-pdf.pdf?sfvrsn=60c992b5_0#page=271
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: SOCIAL SERVICES / PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH / CHILDREN AND YOUTH SERVICES
---

# O.C.G.A. § 49-5-8.1. Short-term respite care of child in foster care; reasonable and prudent parent standard.

(a) As used in this Code section, the term:

(1) “Caregiver’” means a foster parent with whom a child in foster care has been placed.

(2) “Occasional” means once per week or less on varying days and not exceeding twice per month.

(3) “Respite care” means occasional or short-term relief for a caregiver by a person or entity.

(4) “Short-term” means up to 72 consecutive hours or for such longer periods of time under such circumstances as may be promulgated by the department pursuant to rules and regulations.

(b) A caregiver may arrange for respite care of a child in foster care placed with such caregiver and allow individuals 18 years of age or older to supervise such child for purposes including, but not limited to, medical or other health care appointments for the caregiver, grocery or other shopping, personal grooming appointments, special occasions for the caregiver or caregivers, foster parent training classes, school related meetings, business meetings, adult social gatherings, or an evening event out for the caregiver or caregivers.

(c) A caregiver shall use a reasonable and prudent parent standard in selecting and arranging for appropriate respite care pursuant to this Code section.

(d) A caregiver shall make all reasonable efforts to provide the person or entity affording respite care with the following information before leaving the child with the person or entity affording respite care:

(1) Information about the child’s emotional, behavioral, medical, and physical condition, if any, necessary to provide care for such child during the respite care period;

(2) Any medication that should be administered to such child in foster care during the respite care period; and

(3) Emergency contact information that is valid for the duration of the respite care period.

## History

Code 1981, § 49-5-8.1, enacted by Ga. L. 2020, p. 191, § 5/HB 912; Ga. L. 2021, p. 922, § 49/HB 497; Ga. L. 2023, p. 391, § 1/SB 216, effective July 1, 2023.

The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “18 years of age” for “age 18” near the middle of subsection (b).

The 2023 amendment, effective July 1, 2023, in subsection (a), added paragraph (a)(3), redesignated former paragraph (a)(3) as present paragraph (a)(4), and rewrote paragraph (a)(4), which read: “‘Short-term’ means no more than 72 consecutive hours.”; in subsection (b), substituted “for respite care” for “for occasional short-term babysitting” near the beginning, inserted “, but not limited to,” and deleted “occasional” following “adult social gatherings, or an” near the end; in subsection (c), substituted “respite care” for “babysitters for occasional short-term babysitting”; and, in subsection (d), substituted “person or entity affording respite care” for “babysitter”, substituted “person or entity affording respite care” for “babysitter for short-term babysitting”, and substituted “respite care” for “short-term babysitting” in paragraphs (d)(1) through (d)(3).