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-34 - Check of fingerprints on national level; satisfactory determination prior to employment; additional records checks; retention of fingerprints

(a)
The department shall receive a records check application, as may be required by the department and allowed under federal law, for any individual that cares for children through a program that receives, either directly or indirectly, federal funds through the department for the care of children. Upon receipt of such records check application, the department shall comply with all rules of GCIC and the Federal Bureau of Investigation for the request and receipt of national fingerprint based criminal history reports. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including, but not limited to, any criminal record, of the state fingerprint records check or if there is no such finding. GCIC shall also conduct a search of Federal Bureau of Investigation records and fingerprints and notify the department in writing of the results of such search. Upon receipt of the bureau's report, the department shall make a national fingerprint records check determination. If the fingerprint records check determination is unsatisfactory for an individual, the department shall notify the provider and the employee of such determination in writing, and no such individual shall be allowed to be present at the facility when any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
. The department shall cease to issue funds, either directly or indirectly, to any individual or program that willfully and continually fails to comply with the requirements of this Code section.
(b)
Every potential employee of the department or contractor performing duties on behalf of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a comprehensive records check determination that is satisfactory or have had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
, prior to being present at a licensed or commissioned early care and education program while children are present for care. Every current employee of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a comprehensive records check determination that is satisfactory or have had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
. Every employee of the department shall undergo additional comprehensive records check determinations such that the time between such additional comprehensive records check determinations and that employee'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
. The department shall maintain documentation in the appropriate personnel file indicating that such person has obtained such current comprehensive records check determination that is satisfactory or has had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
.
(c)
If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section
35-3-33
, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention.
Amended by 2019 Ga. Laws 321,§ 20, eff. 5/12/2019.
Amended by 2018 Ga. Laws 561,§ 6, eff. 7/1/2018.
Amended by 2018 Ga. Laws 411,§ 2-3, 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.