2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 2 - BACKGROUND CHECKS (§§ 20-1A-30 — 20-1A-45) › Section 20-1A-31 - Records check application for potential employees; comprehensive records check determination

(a)
A support center may furnish to the department a records check application for each potential employee of any licensed, commissioned, or permitted early care and education program. Before a person affiliated with a support center may become an employee of any licensed, commissioned, or permitted early care and education program, such person shall obtain a comprehensive records check determination that is satisfactory. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the department, that such potential employee received a comprehensive records check determination that is satisfactory and that includes a records check determination clearance date that is no more than 12 months old, notwithstanding Code Section
20-1A-45
, or that any employee whose fingerprint records check determination revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that such student received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 24 months old, notwithstanding Code Section
20-1A-45
, or that such student whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
. The licensed, commissioned, or permitted early care and education program shall maintain documentation in the employee's personnel file, which is available to the department upon request, and which reflects that a comprehensive records check determination that was satisfactory was received before the employee is allowed to be present at a facility while children are present for care or to reside in a facility. If the comprehensive records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall not be allowed to be present at a facility while children are present for care or to reside in a facility until such potential employee has either obtained a comprehensive records check determination that is satisfactory or has had the unsatisfactory comprehensive records check determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
. If the comprehensive records check determination is unsatisfactory, the licensed, commissioned, or permitted early care and education program shall, after receiving notification of such unsatisfactory determination, take such steps as are necessary so that such employee is no longer present at a facility while children are present for care and no longer resides in the facility. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section
35-3-33
.
(b)
Notwithstanding the limited period of portability, every person affiliated with a support center as a potential employee of a licensed or commissioned early care and education program shall undergo additional comprehensive records check determinations such that the time between such additional comprehensive records check determinations and that person's previous comprehensive records check determination shall not exceed five years, except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section
35-3-33
, notwithstanding Code Section
20-1A-45
.
(c)
After the issuance of a registration, the department may require additional comprehensive records check determinations on any person affiliated with a support center during the course of a child abuse investigation involving such person or when the department has reason to believe such person has a criminal record that renders such person ineligible to be present at a facility while children are present for care or to reside in a facility.
Amended by 2019 Ga. Laws 321,§ 20, eff. 5/12/2019.
Amended by 2018 Ga. Laws 561,§ 3, eff. 7/1/2018.
Amended by 2018 Ga. Laws 411,§ 2-1, eff. 7/1/2018.
Amended by 2015 Ga. Laws 163,§ 2, eff. 1/1/2016.
Amended by 2013 Ga. Laws 126,§ 2, eff. 1/1/2014.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.