§ 19-9-121.Definitions
Chapter 9. Child Custody Proceedings · Article 4. Power of Attorney for the Care of a Child · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-9-121
Plain-English Summary
This definitions section sets the vocabulary for Article 4. A “child” is an unemancipated individual under 18 years of age, so a power of attorney under the article can’t cover an adult child or an emancipated minor. The “department” is the Department of Human Services.
Three definitions shape who may serve as an agent when the person isn’t a relative. Under § 19-9-122, a nonrelative must be approved by a child-placing agency or a nonprofit entity or faith based organization. A “child-placing agency” is one licensed as such under Chapter 5 of Title 49. A “nonprofit entity or faith based organization” is a business that provides child or family services and is in good standing with the Internal Revenue Service, if applicable; § 19-9-123 requires one that isn’t licensed by the department but provides services under the article to report information to it every year. A “criminal background check” means the results of an unrestricted search of the criminal records kept by the Georgia Crime Information Center and the Federal Bureau of Investigation under Code Section 35-3-34. Under § 19-9-124(e), the parent must get one from a nonrelative agent.
“Parent” takes the meaning given in § 19-3-37. That section, in the marriage license article of Chapter 3, was repealed effective July 1, 2019, and this cross-reference hasn’t been updated, so the reference points to a section no longer in the Code. A reader relying on the definition of “parent” should confirm how courts treat it.
Frequently Asked Questions
Who counts as a child under Georgia’s power of attorney for care of a child law?
An unemancipated individual who is under 18 years of age. A power of attorney under Article 4 therefore can’t be used for an adult child or for a minor who has been emancipated. For anyone who fits the definition, a parent may delegate caregiving authority under § 19-9-122.
What background check is required for a nonrelative caregiver in Georgia?
A “criminal background check” here means the results of an unrestricted search of the criminal records maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation under Code Section 35-3-34. Under § 19-9-124(e), the parent must require one from a prospective agent who is a nonrelative and acknowledge having read it.
What is a nonprofit entity or faith based organization under this law?
A business that provides child or family services and is in good standing with the Internal Revenue Service, if applicable. Such an organization can approve a nonrelative to serve as an agent under § 19-9-122. If the department doesn’t license it and it provides services under the article, § 19-9-123 requires it to provide the department with certain information every year.
What is a child-placing agency in Georgia?
For this article, an agency licensed as a child-placing agency under Chapter 5 of Title 49. Under § 19-9-122, a child-placing agency can approve a nonrelative to serve as an agent under a power of attorney for the care of a child.
How does this law define parent?
It says “parent” has the meaning provided in § 19-3-37. That section was repealed effective July 1, 2019, and this definition still points to it, so the article itself doesn’t spell out a definition. Anyone whose status as a parent is in doubt may want advice on how the term will be read.
Amendment History
Laws 2018, Act 285, § 2-2, eff. Sept. 1, 2018.