Compilation of Rules and Regulations of the State of Georgia › Department 591 - RULES OF BRIGHT FROM THE START GEORGIA DEPARTMENT OF EARLY CARE AND LEARNING › Chapter 591-1 › Subject 591-1-1 - CHILD CARE LEARNING CENTERS › Rule 591-1-1-.09 - 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) A Center must ensure that
				every actual and potential Director, Employee and Provisional Employee of a
				Child Care Learning Center submit both a Records Check Application to the
				Department and Fingerprints to an authorized fingerprinting site.
(b) A Center must ensure that every Director
				has a valid and current satisfactory Comprehensive Records Check Determination
				on file prior to being present at the Center while any child is present for
				care or before an individual age 17 or older resides in the Center. 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 Director 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) A Center must ensure that every Employee
				has a valid and current satisfactory Comprehensive Records Check Determination
				on file prior to being present at the Center while any child is present for
				care or before an individual age 17 or older resides in the Center. 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) The Center must ensure that every
				Provisional Employee has a valid and current satisfactory Fingerprint Records
				Check Determination on file prior to being present at the Center while any
				child is present for care or before an individual age 17 or older resides in
				the Center and must be supervised at all times by a Director or Employee with a
				valid and current 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 Director, Employee
				or Provisional Employee of a Child Care Learning Center with an unsatisfactory
				Fingerprint Records Check Determination or an unsatisfactory Comprehensive
				Records Check Determination may be present at a Center when any child is
				present for care or reside at a Center.
(f) Valid Evidence of a satisfactory
				Fingerprint Records Check Determination must be maintained at the Child Care
				Learning Center 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 Child Care
				Learning Center for the Director 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) The Center 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.
(i) For a Provisional Employee to become a
				permanent Employee, the individual must have a satisfactory Comprehensive
				Records Check Determination.
(j)
				Portability for Directors, 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 Center may accept
				a satisfactory Fingerprint Records Check Determination letter or a satisfactory
				Comprehensive Records Check Determination letter issued by the Department if
				the 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 Center does not
				know or reasonably should not know that the individual's satisfactory status
				has changed.
(k) Portability for
				Students-in-Training. Only the most recently issued determination letter is
				eligible for portability and must be ported electronically. A Center 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 individual's Records Check Clearance Date is within
				the preceding 24 months from the hire date, the Center has verified and
				maintains evidence on file at the Center 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 Center does not
				know or reasonably should not know that the individual's satisfactory status
				has changed.
(l) Recheck Required.
				The Center must immediately require that every Director, Employee and
				Provisional Employee submit to the Comprehensive Records Check Determination
				process at the following times:
1. When the
				Center knows or reasonably should know that a Director, 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.