Children, Elderly and Disabled

Confusion over service animals, which are specially trained to help people with disabilities, and emotional support animals, which are used to provide emotional support, but don’t necessarily require any specialized training, have become prevalent in our day and time. Under the Americans with Disabilities Act (ADA), State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. So if you run a nonprofit and you run afoul of this provision, you could find yourself in violation of ADA and/or the State or local law. In the State of Georgia, denial or interference is a misdemeanor of a high and aggravated nature punishable by a fine not to exceed $2,000.00, imprisonment for not more than 30 days, or both.

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.

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.

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.

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.