---
title: O.C.G.A. § 49-5-90. Definitions.
collection: code
id: 49-5-90
cite_as: O.C.G.A. § 49-5-90 (2025)
canonical_url: https://georgiacommons.org/code/49-5-90
md_url: https://georgiacommons.org/code/49-5-90.md
text_url: https://georgiacommons.org/code/49-5-90/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=327
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 / EMERGENCY PROTECTION OF CHILDREN IN CERTAIN INSTITUTIONS
---

# O.C.G.A. § 49-5-90. Definitions.

As used in this article, the term:

(1) “Child in care” means any person under the age of 17 years who has been admitted to, is cared for, or resides in a facility.

(2) “Commissioner” means the commissioner of human services or his designee.

(3) “Corrective order” means an order by the commissioner detailing the findings of the commissioner or his designee regarding violations of law or rules or regulations of the department by an institution or other conditions threatening the health and safety of residents of the institution and the changes which the commissioner has ordered.

(4) “Department” means the Department of Human Services.

(5) “Emergency order” or “order” means a written directive by the commissioner or his designee ordering the emergency relocation of residents, prohibiting admissions, or placing a monitor in a facility.

(6) “Guardian” means a minor’s parent, legal guardian, or conservator.

(7) “Facility” means a child-caring institution or child welfare agency subject to licensure under the provisions of Article 1 of this chapter, unless specifically exempted by the rules and regulations.

(8) “Monitor” means a person, designated by the department, to remain on-site in a facility, as an agent of the department, observing conditions.

(9) “Preliminary hearing” means a hearing held by the department as soon as possible after the order is entered at the request of a facility which has been affected by an emergency order placing a monitor in the facility, relocating residents, or prohibiting admissions in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

## History

Code 1981, § 49-5-90, enacted by Ga. L. 1986, p. 662, § 1; Ga. L. 2009, p. 453, §§ 2-2, 2-4/HB 228.