§ 19-9-123.Reporting requirement from nonprofit entities or faith based organizations; departmental responsibilities and liabilities; regulation
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 § 19-9-123
Plain-English Summary
Georgia lets a parent hand the care of a child to a trusted adult through a power of attorney under this article. When that adult isn’t one of the relatives listed in § 19-9-122, the adult must be approved as an agent by a child-placing agency or by a nonprofit entity or faith based organization. This section deals with the second kind of group: one the Department of Human Services hasn’t licensed but that is providing services under the article. Section 19-9-121 defines such a group as a business that provides child or family services and is in good standing with the Internal Revenue Service, if that applies to it.
Each such group must give the department five pieces of information every year: its legal name and contact details (address, telephone number, e-mail address and any other contact information); the name of its director; the names and addresses of its officers and the members of its governing body; the total number of approved volunteer families it works with; and the total number of children it served in the previous calendar year.
The department must keep a list of the groups that have reported. It may refer a person who wants to sign a power of attorney under the article to one of those groups, but only if the group has supplied the required information. The department can’t be held liable for civil damages, or face any claim or proceeding, because it made such a referral. Finally, the department must adopt rules and regulations to carry out the section. The section took effect September 1, 2018, and hasn’t been amended.
Frequently Asked Questions
Does a faith based group need a state license to help Georgia parents with a power of attorney for a child?
This section doesn’t require one. It assumes some groups will work under the article without a license from the Department of Human Services, and it puts a reporting duty on them instead. A nonprofit entity or faith based organization that isn’t licensed but provides services under the article must send the department its contact information, director, officers, governing-body members, number of approved volunteer families and number of children served, once a year.
What does a nonprofit have to report to Georgia DHS each year?
Five things: its legal name, address, telephone number, e-mail address and other contact information; the name of its director; the names and addresses of its officers and governing-body members; the total number of approved volunteer families it works with; and the total number of children it served in the previous calendar year. The department keeps a list of the groups that have reported.
Can Georgia DHS refer me to an organization that helps with a power of attorney for my child?
It can. The department may refer a person who wants to sign a power of attorney under this article to a nonprofit entity or faith based organization, as long as that group has given the department the yearly information this section requires. The word is “may,” so a referral is up to the department, not something a parent is guaranteed.
Can I sue DHS if a group it referred me to causes problems?
Not over the referral itself. The section says the department isn’t liable for civil damages, and isn’t subject to any claim, demand, cause of action or proceeding of any kind, as a result of referring someone to a nonprofit entity or faith based organization. The section doesn’t address claims against the organization, so this protection belongs to the department alone.
Why would a parent need a nonprofit or faith based organization for a power of attorney?
Because Georgia limits who can serve as an agent. Under § 19-9-122, the agent must be a listed relative, such as a grandparent, aunt or sibling, or a nonrelative approved by a child-placing agency or a nonprofit entity or faith based organization. A parent with no suitable relative can turn to one of these groups, which keeps records of the powers of attorney its approved agents sign under § 19-9-124.
Amendment History
Laws 2018, Act 285, § 2-2, eff. Sept. 1, 2018.