Introduction

This article examines Georgia statutes concerning licensed childcare facilities and supervision requirements in the context of unsupervised child incidents.

Scenario

A four-year-old child attends a licensed daycare center on Houston Avenue in Macon, Georgia. During outdoor playtime, staff members become distracted, and the child wanders through an unlocked gate onto the busy street. A passing motorist stops and returns the child to the facility unharmed. The daycare’s posted adult-to-child ratio requirements were not being met at the time of the incident.

Georgia Law

Child Care Learning Center Licensing

Georgia Code § 20-1A-1: “‘Child care learning center’ means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age.”

Department Authority Over Child Care

Georgia Code § 20-1A-4(a): “The department shall have the power and duty to: (1) Develop rules and regulations for the licensing and operation of child care learning centers and group day care homes; (2) License, inspect, and regulate child care learning centers and group day care homes.”

Duty to Protect Children

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Professional Standard of Care

Georgia Code § 51-1-27: “In all cases involving allegations of professional malpractice, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.”

Conclusion

The scenario describes a child wandering from a daycare facility in Macon, Georgia. Georgia Code § 20-1A-1 defines child care learning centers. Georgia Code § 20-1A-4 grants regulatory authority to the department. Georgia Code § 51-1-2 establishes the general duty of care. These statutes establish the framework for daycare facility liability under Georgia law.

FAQ

Q: How does Georgia Code § 20-1A-1 define a child care learning center? A: Georgia Code § 20-1A-1 defines it as a place “wherein are received for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age.”

Q: What authority does the department have under Georgia Code § 20-1A-4? A: Georgia Code § 20-1A-4(a) grants power to “Develop rules and regulations for the licensing and operation of child care learning centers” and to “License, inspect, and regulate child care learning centers.”

Q: What general duty applies under Georgia Code § 51-1-2? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Q: Where are childcare facility regulations found in the Georgia Code? A: Childcare facility regulations are found in Georgia Code Title 20, Chapter 1A.

Q: Does Georgia Code § 51-1-27 apply to childcare professionals? A: Georgia Code § 51-1-27 applies to “all cases involving allegations of professional malpractice.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.