Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-2 - FAMILY AND CHILDREN SERVICES › Subject 290-2-3 - RULES AND REGULATIONS FOR FAMILY CHILD CARE LEARNING HOMES › Rule 290-2-3-.21 - Criminal Records and Comprehensive Background Checks

Current through Rules and Regulations filed
				through June 27, 2024
(1) Satisfactory Fingerprint Records Check
				Determination or Satisfactory Comprehensive Records Check Determination
				Required
(a) The Home must ensure that the
				Provider, every actual and potential Employee (including residents age 17 and
				older) and Provisional Employee of the Family Child Care Learning Home must
				submit both a Records Check Application to the Department and Fingerprints to
				an authorized fingerprinting site.
(b) Every Provider must have a current and
				valid satisfactory Comprehensive Records Check Determination on file prior to
				being present at the Home while any child is present for care or before
				residing in the Home. The Comprehensive Records Check Determination must have a
				Records Check Clearance Date that is no older than the preceding 12 months of
				the license date; provided, however, if the Provider has had a lapse of
				employment from the child care industry that lasted for 180 days (6 months) or
				longer, a new satisfactory Comprehensive Records Check Determination is
				required.
(c) Every Employee must
				have a current and valid satisfactory Comprehensive Records Check Determination
				on file prior to being present at the Home while any child is present for care
				or before residing in the Home if age 17 or older. The Comprehensive Records
				Check Determination must have a Records Check Clearance Date that is no older
				than the preceding 12 months of the hire date; provided, however, if the
				Employee has had a lapse of employment from the child care industry that lasted
				for 180 days (6 months) or longer, a new satisfactory Comprehensive Records
				Check Determination is required.
(d) Every Provisional Employee must have a
				current and valid satisfactory Fingerprint Records Check Determination on file
				prior to being present at the Home while any child is present for care or
				before residing in the Home if age 17 or older and must be supervised at all
				times by a Provider or Employee with a current and valid satisfactory
				Comprehensive Records Check Determination. The Fingerprint Records Check
				Determination must have a Records Check Clearance Date that is no older than
				the preceding 12 months of the hire date; provided, however, if the Provisional
				Employee has had a lapse of employment from the child care industry that lasted
				for 180 days (6 months) or longer, a new satisfactory Fingerprint Records Check
				Determination is required.
(e) No
				actual or potential Provider, Employee or Provisional Employee of the Family
				Child Care Learning Home with an unsatisfactory Fingerprint Records Check
				Determination or an unsatisfactory Comprehensive Records Check Determination
				may be present at a Home when any child is present for care or reside in a
				Home.
(f) Valid Evidence of a
				satisfactory Fingerprint Records Check Determination must be maintained at the
				Family Child Care Learning Home for each Provisional Employee for the duration
				of employment or residency plus one year, and such electronic evidence must be
				made immediately available to the Department upon request.
(g) Valid Evidence of a satisfactory
				Comprehensive Records Check Determination must be maintained at the Family
				Child Care Learning Home for the Provider, and each Employee (including
				Students-in-Training, volunteers, independent contractors and residents age 17
				and older) for the duration of employment or residency plus one year, and such
				electronic evidence must be made immediately available to the Department upon
				request.
(h) Every Provider must
				receive a satisfactory Comprehensive Records Check Determination before October
				1, 2018.
(i) The Home must ensure
				that every Provisional Employee requests child abuse and neglect registry
				information and criminal history documents from any U.S. state, territory or
				tribal land other than Georgia in which they have resided in the preceding five
				years and submit such documents to the Department in a timely manner. Failure
				to request out-of-state information will result in the issuance of an
				unsatisfactory Comprehensive Records Check Determination.
(j) For a Provisional Employee to become a
				permanent Employee, the individual must have a satisfactory Comprehensive
				Records Check Determination.
(k)
				Portability for Providers, Employees and Provisional Employees, excluding
				Students-in-Training. Only the most recently issued determination letter is
				eligible for portability and must be ported electronically. A Provider may
				accept a satisfactory Fingerprint Records Check Determination letter for a
				Provisional Employee or a satisfactory Comprehensive Records Check
				Determination letter issued by the Department for a potential Employee if the
				individual's Records Check Clearance Date is within the preceding 12 months
				from the hire date, the individual has not had a lapse of employment from the
				child care industry that lasted for 180 days (6 months) or longer, and the
				Provider does not know or reasonably should not know that the individual's
				satisfactory status has changed.
(l) Portability for Students-in-Training.
				Only the most recently issued determination letter is eligible for portability
				and must be ported electronically. A Provider may accept a satisfactory
				Fingerprint Records Check Determination or a satisfactory Comprehensive Records
				Check Determination letter issued by the Department for a Student-in-Training
				if the Records Check Clearance Date is within the preceding 24 months from the
				hire date, the Provider has verified and maintains evidence on file at the Home
				that the Student-in-Training is currently enrolled in a high school recognized
				by the Department of Education or an early education curriculum through an
				accredited school of higher education, the individual has not had a lapse of
				employment from the child care industry that lasted for 180 days (6 months) or
				longer, and the Provider does not know or reasonably should not know that the
				individual's satisfactory status has changed.
(m) Recheck Required. The Home must
				immediately require that every Provider, Employee and Provisional Employee
				submit to the Comprehensive Records Check Determination process at the
				following times:
1. When the Provider knows or
				reasonably should know that an Employee or Provisional Employee has been
				arrested or charged for any covered Crime;
2. When there is a lapse of employment from
				the child care industry that lasted for 180 calendar days (6 months) or
				longer;
3. At least once every five
				years; and
4. When the Department
				so requests.