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Teaching certificate revoked after educator failed to report daughter’s sexual abuse.

Educators

Judge Miller affirmed the revocation of Petitioner’s certificate to teach in the State of Georgia.  As a certified teacher, Petitioner was a mandated reporter of suspected child abuse, including suspected abuse of her own child.  Petitioner knew that her daughter had been sexually abused by her husband but failed to report it to the police

Teaching certificate revoked after educator failed to report daughter’s sexual abuse. Read More

GAPP Medically Fragile Daycare not appropriate in light of surgical correction and absence of skilled care needs.

Health Law

Petitioner, an applicant for Medically Fragile Daycare services within the Georgia Pediatric Program, was appropriately denied entry into the program.  First, her heart condition had been corrected by surgery.  Second, her requested services (medication administration, G-tube feedings, and vital sign monitoring) could be competently performed by her caregiver.  She had, therefore, no need for skilled

GAPP Medically Fragile Daycare not appropriate in light of surgical correction and absence of skilled care needs. Read More

License suspended after driver refused state-administered chemical test.

DUI

Judge affirmed the administrative suspension of Petitioner’s driver’s license.  After being pulled over for an inoperative taillight, the officer noted a strong odor of alcohol and physical manifestations of intoxication.  The officer read Petitioner the implied consent notice; Petitioner refused to consent and suspension was, therefore, proper.

License suspended after driver refused state-administered chemical test. Read More

Supervisors implementing police roadblocks can participate in screening drivers.

DUI

Petitioner challenged the suspension of his license for driving under the influence on two grounds: an unlawful roadblock and an improperly administered horizontal gaze nystagmus test (“HGN”).  Contrary to Petitioners assertions, the Judge found that (1) the legality of the roadblock was not impaired by the implementing supervisor’s participation in screening drivers, and (2) the

Supervisors implementing police roadblocks can participate in screening drivers. Read More

Tax intercept unlawful where obligor has not defaulted on child support order.

Human Services

The Division of Child Support Services (“CSS”) cannot intercept a child support obligor’s tax return where support payments are not “past due.”  A payment is not past due unless the non-custodial parent is delinquent on court-ordered payments.  While Petitioner owed a lump sum of $20,000 for child support, he has been timely making monthly installment

Tax intercept unlawful where obligor has not defaulted on child support order. Read More

Health and safety violations in personal care home warranted revocation of license to operate.

Health Law

Judge upheld the revocation of Petitioner’s state license to operate a personal care home.  Petitioner lost or did not timely order residents’ medications, administered un-prescribed medications, and transferred residents to other facilities without their medications.  The facility was also not kept in good repair.  Due to the seriousness of the violations, coupled with the administrator’s

Health and safety violations in personal care home warranted revocation of license to operate. Read More

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