---
title: O.C.G.A. § 49-5-9. Use of public and private institutions and agencies; inspections; examination and control of children not in department’s facilities.
collection: code
id: 49-5-9
cite_as: O.C.G.A. § 49-5-9 (2025)
canonical_url: https://georgiacommons.org/code/49-5-9
md_url: https://georgiacommons.org/code/49-5-9.md
text_url: https://georgiacommons.org/code/49-5-9/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=273
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.
up: https://georgiacommons.org/code/49-5.md
previous: https://georgiacommons.org/code/49-5-8.1.md
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index: https://georgiacommons.org/code/index.md
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. § 49-5-9. Use of public and private institutions and agencies; inspections; examination and control of children not in department’s facilities.

(a) The department 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 article; provided, however, that this shall not give the department 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 department 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 youths subject to the control of the department.

(b) The department is given the right and is required to inspect periodically 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 department reasonable opportunity to examine or consult with children and youths committed to the department who are for the time being in the custody of the institution or agency.

(c) Placement of a child or youth by the department in any institution or agency not operated by the department or the release of such child or youth from such an institution or agency shall not terminate the control of the department over such child or youth. No child or youth placed in such institution or under such an agency may be released by the institution or agency without the approval of the department.

## History

Ga. L. 1963, p. 81, § 12.