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The Unsilenced Policy Team

Georgia Legislation Report

2022

2022

Introduction

The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry’s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.

Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts’ individualized education programs, and by parents.

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.

Introduction

The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry’s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.

Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts’ individualized education programs, and by parents.

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.

Georgia Legislation

General Oversight and Transparency Subject to 290-2-5 Rules and Regulations
Oversight Agency Department’s Residential Child Care Licensing (RCCL) and Department of Human Services (DHS)
Which state agency oversees investigations? Department of Human Services (DHS)
Are investigations and outcomes visible to the public online? No
Are religious congregate care programs required to be licensed? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? No
Can complaints be filed online? Is the reporting portal easy to find? Yes, but it is not easy to find
Does the state conduct unannounced site visits? How many per year? Yes, but the amount is not specified
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? No
Does the state require a guardian's consent to all treatment received? Yes
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? Yes
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? Yes
Is a licensed clinician required to perform a mental health evaluation upon intake? Yes
Does the state require mandatory child abuse response training for all staff working with children in residential settings? Yes
Does the state require medical response training for all staff working with children in residential settings? Yes
Does state require 1:4 staffing ratio or higher? No
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? Yes
Are the guardian & admitted child required to be informed of their their rights? Yes
Does the state define institutional abuse and neglect? Yes
Are there civil penalties for violations of institutional child abuse and neglect? Yes
Does the state prohibit mail censorship? No
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? Yes
Does the state require that children be allowed visitors in private during normal visiting hours? No
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? Yes
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? Yes
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Yes
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? Yes
Are youth provided with access to advocacy services and representation? Yes
Does the state require a guardian's consent to all treatment received? Yes
Is a grievance procedure required for youth and families? Yes
Is youth consent required for all treatment received? Yes
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? Yes
Is there regulation for physical restraint? Yes
Is there regulation for chemical restraint? Yes
Is there regulation for mechanical restraint? Yes
Is there a Bill of Rights for youth in care? Not specifically. However, there are some rights provided through the Preventing Sex Trafficking and Strengthening Families Act of 2014 (P.L. 113-183) O.C.G.A. § 49-5-3

General Oversight and Transparency Subject to 290-2-7 Rules and Regulations
Oversight Agency Department’s Residential Child Care Licensing (RCCL) and Department of Human Services (DHS)
Which state agency oversees investigations? Department of Human Services (DHS)
Are investigations and outcomes visible to the public online? Yes
Are religious congregate care programs required to be licensed? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? No
Can complaints be filed online? Is the reporting portal easy to find? Yes, but it is not easy to find
Does the state conduct unannounced site visits? How many per year? Yes, but the amount is not specified
Are background checks required, including volunteers? Yes to employees. Prior to serving as an employee other than a director of a licensed outdoor child caring program, a person must submit a preliminary record check application and receive a satisfactory determination. Provided however, should there be an unsatisfactory determination, the person must submit to a fingerprint record check and get a satisfactory determination or be determined eligible to serve as an employee as a result of an administrative hearing.
Is a full-time licensed clinician required to be on staff? No, but there needs to be a social worker on staff
Does the state require a guardian's consent to all treatment received? No
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? No
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? No
Does the state require mandatory child abuse response training for all staff working with children in residential settings? No, but when a program has reason to believe that a child in care has been subjected to child abuse it shall cause a report of such abuse to be made to the child welfare agency of the county of occurrence providing protective services as designated by the Department of Human Resources (Division of Family and Children Services) or in the absence of such an agency to an appropriate police authority or district attorney in accordance with the requirements of O.C.G.A. Sec. 19-7-5.
Does the state require medical response training for all staff working with children in residential settings? Yes. The state requires at least 40 hours of in-service training related to children's service needs in a primitive environment.
Does state require 1:4 staffing ratio or higher? No
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? Very vague language in legislation. Essentially if the program is "designed to meet the particular needs of the camper," they can be admitted.
Are the guardian & admitted child required to be informed of their their rights? Only the parents or placement agency is informed who to contact if they feel their child's rights were violated.
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? No
Does the state prohibit mail censorship? No
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No
Does the state require that children be allowed visitors in private during normal visiting hours? No
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? No
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Yes
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No
Are youth provided with access to advocacy services and representation? No
Does the state require a guardian's consent to all treatment received? Yes
Is a grievance procedure required for youth and families? No
Is youth consent required for all treatment received? Yes
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? Yes. Camps shall have access to a minimum of 10 acres per camper for the first 50 campers with an additional 5 acres per camper for each additional camper. Housing sites shall be located so as to provide visual separation of the groups
Is there regulation for physical restraint? Yes. Emergency safety interventions may be used only by staff trained in the proper use of such interventions when a camper exhibits a dangerous behavior reasonably expected to lead to immediate physical harm to the camper or others and less restrictive means of dealing with the injurious behavior have not proven successful or may subject the camper or others to greater risk of injury. (b) Emergency safety interventions shall not include the use of any restraint or manual hold that would potentially impair the camper's ability to breathe or has been determined to be inappropriate for use on a particular camper due to a documented medical or psychological condition.
Is there regulation for chemical restraint? Does not specify in the regulation language.
Is there regulation for mechanical restraint? Does not specify in the language but instead states that no restraint can be used that would potentially inhibit the camper from breathing.
Is there a Bill of Rights for youth in care? Not specifically. However, campers are granted certain rights in the language.

General Oversight and Transparency There are no official requirements for accreditation for private schools in Georgia
Oversight Agency Georgia Division of Family & Children Services (DFCS) and Georgia Department of Education (DOE). It is the funding LEA’s responsibility to monitor the private facility EDUCATION PORTION to ensure that the students funded by the district and attending the private facility receive appropriate services.
Which state agency oversees investigations? Georgia Division of Family & Children Services (DFCS)
Are investigations and outcomes visible to the public online? No
Are religious congregate care programs required to be licensed? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Yes. These requirements apply to residential and private day schools in which local, state, or federal funds are used to pay for the cost of the student’s educational services.
Can complaints be filed online? Is the reporting portal easy to find? No
Does the state conduct unannounced site visits? How many per year? No information on this.
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? Varies
Does the state require a guardian's consent to all treatment received? Yes
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? No
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? No
Does the state require mandatory child abuse response training for all staff working with children in residential settings? No information on this.
Does the state require medical response training for all staff working with children in residential settings? No information on this.
Does state require 1:4 staffing ratio or higher? No
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? No
Are the guardian & admitted child required to be informed of their their rights? No
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? No
Does the state prohibit mail censorship? No
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No
Does the state require that children be allowed visitors in private during normal visiting hours? No
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? No
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Private schools must provide a basic academic educational program that includes, but is not limited to, reading, language arts, mathematics, social studies, and science. O.C.G.A. §20-2-690(b)(4), (d).
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No
Are youth provided with access to advocacy services and representation? No
Does the state require a guardian's consent to all treatment received? No
Is a grievance procedure required for youth and families? No
Is youth consent required for all treatment received? No
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? No
Is there regulation for physical restraint? No
Is there regulation for chemical restraint? No
Is there regulation for mechanical restraint? No
Is there a Bill of Rights for youth in care? No

General Oversight and Transparency Georgia Department of Juvenile Justice Policies
Oversight Agency Georgia Department of Juvenile Justice, Division of Secure Facilities
Which state agency oversees investigations? Office of Investigations and Department of Family and Children's Services
Are investigations and outcomes visible to the public online? No, but they are filed in the Incident Reporting Database by the Office of Investigations
Are religious congregate care programs required to be licensed? N/A
Is this type of program required to be licensed by the state? Detention Centers must fall under the Department of Juvenile Justice
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Only public funds will be going to these facilities
Can complaints be filed online? Is the reporting portal easy to find? Yes. They can be sent to the office of the ombudsman by emailing djjombudsman@djj.state.ga.us
Does the state conduct unannounced site visits? How many per year? DJJ and and staff from the Office of Quality Assurance may make unannounced visits. The exact number of visits per year is not specified
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? Yes
Does the state require a guardian's consent to all treatment received? No
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? Yes if medication or treatment had to be administered
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? Medical intake screening is completed for all youth. Mental health assessments are given to determine eligibility to see a psychiatrist. Youth on psychotropic medication are seen by a psychiatrist within 10 days of admission.
Does the state require mandatory child abuse response training for all staff working with children in residential settings? Prison rape elimination act (PREA) on sexual abuse
Does the state require medical response training for all staff working with children in residential settings? Facility Emergency Planner train facility staff twice per year in emergency plan awareness (invluding medical emergencies including suicide attempts)
Does state require 1:4 staffing ratio or higher? Juvenile: Staff 8:1 during waking hours and 16:1 during sleeping hours
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? Child is admitted for either a violation of the law or a violation of conditions set forth by a Court Probation Officer, a Juvenile Justice Probation Parole Officer, a Juvenile COurt Judge or a DJJ Administrative Hearing Officer
Are the guardian & admitted child required to be informed of their their rights? At a detention hearing the court must tell the child of their due process rights. Youth Rights list given in Orientation
Does the state define institutional abuse and neglect? Yes, it is clearly defined.
Are there civil penalties for violations of institutional child abuse and neglect? All allegations of abuse and neglect are reported to the Office of Investigations and handled from there. Further disciplinary action is not mandated and is case by case
Does the state prohibit mail censorship? Policies around with whom the youth can communicate, mail read unless it is from "privileged correspondence," mail can be not delivered to youth and they are notified it is "rejected."
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? Youth can received calls from CCM, social workers, law enforcement officials, probation officers, and legal representatives at any time. Other calls must be during designated hours and must be approved
Does the state require that children be allowed visitors in private during normal visiting hours? Certified security staff must be present during visitation
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? Youth assessed for ongoing behavioral health srvices, individualized Behavioral Health Treatment Plan developed, no reference to evidenced based practices but plan reviewed for effectiveness
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? Consent is needed from youth and/or guardian for medical treatment and medication except in detailed circumstances and emergencies. Treatment can be refused. Youth will not be forced to accept any medical intervention without the approval of DJJ Medical Director or consulting psychiatrist
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? There isn't a specific policy around quality and outcomes compared to public schools. However, there are various quality assurance measures in place
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No sexual education, sexual healthcare on as needed basis, menstration supplies is provided.
Are youth provided with access to advocacy services and representation? Youth are given "reasonable access" to their legal representation
Does the state require a guardian's consent to all treatment received? Upon intake parents/guardians sign a generic general consent for treatment
Is a grievance procedure required for youth and families? Youth have a right to grievances and there is a formal grievance process
Is youth consent required for all treatment received? Consent is needed for medical treament and medication except for emergencies. Treatment can be refused and youth will not be forced to accept medical interventions without the approval of DJJ Medical Director or consulting psychiatrist
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? No information found.
Is there regulation for physical restraint? There is regulation on use of force and restraint
Is there regulation for chemical restraint? No mention of chemical restraint
Is there regulation for mechanical restraint? There are specific policies and procedures for mechanical restraint
Is there regulation for seclusion? There is a "cooling off" protocol up to 60 mins
Is there a Bill of Rights for youth in care? There is a basic rights of youth clearly defined and accessible to the youth

General Oversight and Transparency Subject to 290-2-6 Rules and Regulations
Oversight Agency Department’s Residential Child Care Licensing (RCCL) and Department of Human Services (DHS)
Which state agency oversees investigations? Department of Human Services (DHS)
Are investigations and outcomes visible to the public online? Yes
Are religious congregate care programs required to be licensed? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? No
Can complaints be filed online? Is the reporting portal easy to find? Yes but it is not easy to find
Does the state conduct unannounced site visits? How many per year? Yes, but the amount is not specified
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? No
Does the state require a guardian's consent to all treatment received? No
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? Yes
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No information
Is a licensed clinician required to perform a mental health evaluation upon intake? No
Does the state require mandatory child abuse response training for all staff working with children in residential settings? Yes
Does the state require medical response training for all staff working with children in residential settings? Yes
Does state require 1:4 staffing ratio or higher? No
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? Yes
Are the guardian & admitted child required to be informed of their their rights? Yes
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? Yes
Does the state prohibit mail censorship? No
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No Information
Does the state require that children be allowed visitors in private during normal visiting hours? Yes
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? No
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No. It is allowed by the state with waivers
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Yes
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No
Are youth provided with access to advocacy services and representation? No
Does the state require a guardian's consent to all treatment received? No
Is a grievance procedure required for youth and families? Yes
Is youth consent required for all treatment received? No
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? Yes
Is there regulation for physical restraint? Yes
Is there regulation for chemical restraint? Yes
Is there regulation for seclusion? Yes
Is there regulation for mechanical restraint? Yes
Is there a Bill of Rights for youth in care? Yes

General Oversight and Transparency No Information
Oversight Agency Department of Family and Children's Services
Which state agency oversees investigations? Department of Family and Children's Services
Are investigations and outcomes visible to the public online? Yes
Are religious congregate care programs required to be licensed? No Information
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? No Information
Can complaints be filed online? Is the reporting portal easy to find? Yes, but it is not easy to find
Does the state conduct unannounced site visits? How many per year? No Information
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? No
Does the state require a guardian's consent to all treatment received? No
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? No
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? They must ensure that at least one staff member is a licensed professional counsel, social worker, marriage/family therapist, nurse, physician or psychologist
Does the state require mandatory child abuse response training for all staff working with children in residential settings? No Information
Does the state require medical response training for all staff working with children in residential settings? No Information
Does state require 1:4 staffing ratio or higher? No Information
Ban on Conversion Therapy for LGBTQA+ youth? No

Additional Information

Unsilenced Program Database: Georgia Programs

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