The materials in our Resources section are for informational purposes only, without any representation that they are accurate or complete. These publications do not constitute legal advice and do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These publications are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed in a publication. Consult an attorney if you have questions regarding the content of any publication.

Children, Elderly and Disabled

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Posted on April 25, 2018

The Georgia Department of Early Care and Learning (DECAL) requires that “all programs providing group care for children” obtain either a license or an exemption from licensing. You cannot simply assume that your program is exempt.

If you operate a child care program in Georgia, you must either obtain a license or an official determination that the program is exempt from licensing rules. Ignoring these requirements can lead to fines or even prosecution for operating an unlicensed facility. This article provides information about Georgia licensing requirements, and how to obtain an exemption if your program is eligible to receive one.

Posted on May 26, 2017

Reporting suspected abuse, neglect or exploitation of vulnerable populations (like children and the elderly) is not something your nonprofit may spend time preparing for—until faced with a potentially life threatening situation where the responsibility to act is immediate.

During this webinar, our speaker helps nonprofits understand:
– Who is a mandatory reporter?
– What must be reported and to whom?
– When must reports be made?
– What is the potential liability for non-compliance?
– What are the protections for reporters?
– What are some common pitfalls for mandatory reporters?
– What type of documentation and policies should you have?

Click here to view the webcast.

Posted on January 25, 2016

As all nonprofits that work with children know, these organizations have special issues and risk areas. Having in place good systems for risk management will benefit an organization’s reputation, and can also protect its finances. In this webcast, our speaker will discuss:
certain common risks for organizations working with children; and
best practices for handling those risk areas.

Presenter: Meghan Magruder, King & Spalding, LLP

Click here to view webcast.

Posted on December 7, 2011

Changes to Georgia’s child abuse reporting law went into effect July 1. These changes have a direct impact on nonprofits, their employees, and their volunteers. The revisions increase the number of mandatory reporters, i.e., people who are required to report suspected child abuse. Previously only certain types of nonprofit employees were required to report. Now, both employees and volunteers at any nonprofit that works with or helps children are required to immediately report suspected child abuse. Neither the definition of child abuse in Georgia nor the reporting procedures have changed.

In addition to requiring volunteers to report, the changes clarify and expand several previously-existing categories of mandatory reporters:

Nurses’ aides are now required to report along with other medical personnel.

School teachers have always been mandatory reporters, but now this group is defined to include any teacher employed at public and private pre-kindergartens, elementary schools, secondary schools, technical schools, vocational schools, colleges, universities, or any institution of postsecondary education.

Reproductive health care facility or pregnancy resource center employees and volunteers are now required to report.

Child service organization personnel were already required to report. This category now includes anyone employed by or volunteering at any organization or business that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children.

Clergy must report any evidence of child abuse that they learn about outside of discussions, such as confessions, that are considered confidential under the organization’s religious doctrine.

Please see the attached article for additional information.