1701 Change of Ownership

Georgia State Seal

Department of Human Services
Policy and Manual Management System

Index:

POL 1701

Revised:

04/01/2024

Next Review:

04/01/2026

Policy

It is the policy of Residential Child Care Licensing (RCCL) to maintain the most current ownership information for each licensed facility. All licensed Child-Caring Institutions (CCI), Child-Placing Agencies (CPA), Outdoor Child Caring Programs (OCCP), Maternity Homes (MH), and Children’s Transition Care Centers (CTCC) are required to complete a Change Request Form and submit the form, along with the required documentation regarding the ownership change, to the assigned RCCL Specialist Surveyor. The completed form and related documentation must be submitted electronically within 10 calendar days of the legal effective date or at least 30 days prior to the planned effective date. Ownership information includes, but is not limited to, the name(s) of the owner(s) of the facility (sole proprietorship, partnership, corporation, or limited liability company), bylaws, board members, if applicable, and notarized letter of acceptance.

  1. The owner identified on the license no longer legally owns the facility;

  2. The governing board identified in the approved application no longer have the ultimate authority over the facility;

  3. There is a change in the legal name and/or the organizational structure of the facility; or

  4. The entity approved to operate is sold to another entity.

Current licenses issued by RCCL are non-transferable. Any licensed CCI, OCCP, MH, or CTCC that relocates due to a change of ownership, or any other factor, must submit a new application for RCCL’s approval to operate. The new physical plant must meet all requirements stated in the applicable Rules of the Department of Human Services and must be inspected and approved by RCCL prior to providing care to children.

Authority

O.C.G.A. §§ 49-5-8
O.C.G.A. §§ 49-5-12

References

RCCL Change Request Form

Applicability

This policy applies to all RCCL staff and licensed Child Welfare Agencies.

Definitions

Articles of Incorporation

A legal document that creates a corporation; it is filed with the state by the founders of a corporation and is governed by the laws of the state.

Articles of Organization

A legal document that creates a limited liability company (LLC); it is filed with the state by the organizers of the LLC and is governed by the laws of the state.

Bylaws

An organization’s internal operating rules.

Child Welfare Agencies

Licensed Child-Caring Institutions (CCI), Child-Placing Agencies (CPA), Outdoor Child Caring Programs (OCCP), Children’s Transition Care Centers (CTCC), and Maternity Homes (MH).

Responsibilities

  1. The RCCL Director is responsible for monitoring requirements for updating this policy.

  2. The RCCL Publisher and the Training and Development Supervisor will update this policy according to state requirements.

History

Replaces Change of Ownership POL1701, last reviewed on 4/01/2024.

Evaluation

RCCL Surveyor Specialists and RCCL Surveyor Supervisors will evaluate this policy when:

  1. Conducting annual relicensure inspections and complaint investigations of licensed Child Welfare Agencies.

  2. Conducting random monthly quality assurance audits of survey reports.