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-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
In these rules, unless the context requires otherwise, the
				 capitalized symbols, words and phrases set forth herein shall mean the
				 following:
(a) "Adult" means any
				competent individual eighteen (18) years of age or older.
(b) "Adverse Action" means any Intermediate
				or Closure Action issued as a result of one or more rule violations.
(c) "Child Care Learning Center" or "Center"
				means any place operated by an individual or any business entity recognized
				under Georgia law wherein are received for pay for group care, for fewer than
				24 hours per day without transfer of legal custody, seven or more children
				under 18 years of age and which is required to be licensed. Child Care Learning
				Center also includes any day care center previously licensed by the Department
				of Human Resources and transferred pursuant to Code Section  20-1A-1
et
				seq.
(d) "Child with
				Special Needs" means a child enrolled in a Center who, due to a physical
				problem, mental health disorder, behavioral disorder, or developmental
				disability, which is either permanent or temporary, requires some adaptation of
				the Center's standard program of care or activities to accommodate the child's
				special needs.
(e) "Closure Action"
				means the most restrictive category of Enforcement Actions including emergency
				closure, long-term suspension and revocation.
(f) "Comprehensive Records Check
				Determination" means a satisfactory or unsatisfactory determination by the
				Department, based upon a Federal Bureau of Investigation fingerprint check, a
				search of the National Crime Information Centers National Sex Offender
				Registry, compliance with relevant state and federal law, and a search of the
				following registries, repositories or databases in the state where the actual
				or potential employee or director resides and in each state where such
				individual resided during the preceding five years: criminal registry or
				repository; state sex offender registry or repository; and state based child
				abuse and neglect registry and database.
(g) "Correctable Abuse Dereliction or
				Deficiency" means any conduct of a License or Permit Holder which violates any
				of these rules wherein the Department determines that the rule violation is not
				the result of any Non-Correctable Abuse, Dereliction or Deficiency.
(h) "Crime" means
1. Any felony pursuant to O.C.G.A. §
										20-1A-30 and  in accordance with  42 U.S.C. §
											9858f(c)(1)(E);
2. A violation of O.C.G.A. §
										16-5-23, relating to simple battery, where the victim is a minor;
3. A violation of O.C.G.A. §
										16-5-23.1, relating to battery, where the victim is a minor;
4. A violation of O.C.G.A. § 16-21-1,
				relating to contributing to the delinquency of a minor;
5. A violation of O.C.G.A. §
										16-6-1
et seq.
relating to sexual offenses;
6. A violation of O.C.G.A. §
										16-5-29, relating to battery of an unborn child;
7. A violation of O.C.G.A. §
										16-5-60, relating to reckless conduct causing harm when the victim is a minor;
8. A violation of O.C.G.A. §
										16-5-70, relating to cruelty to children;
9.
				A violation of O.C.G.A. §
										16-12-1.1, relating to child care facility
				operators being prohibited from employing or allowing to reside or be domiciled
				persons with certain past criminal violations;
10. A violation of O.C.G.A. §§
										16-12-100,  16-12-100.1,  16-12-100.2,  16-12-100.3, relating to obscenity and
				related offenses where the victim is a minor;
11. A violation of O.C.G.A. §
										40-6-391, relating to endangering a child while driving under the influence of alcohol or
				drugs;
12. A violation of O.C.G.A.
				§
										19-7-5, relating to a failing to report if mandated to do so by law;
13. Child pornography, in
				accordance with  42 U.S.C. §
											9858f(c)(1)(E);
14. Abuse of, endangerment of, or sexual
				assault against a child by an adult, in accordance with  42 U.S.C. §
											9858f(c)(1)(E);
15. Any other
				violent misdemeanor against a child by an adult, in accordance with  42 U.S.C. §
											9858f(c)(1)(E);
16. A
				violation of O.C.G.A. §
										16-4-1, relating to criminal attempt when the
				crime attempted is any of the crimes specified by this paragraph; or
17. Any other offenses committed in another
				jurisdiction which, if committed in this state, would be one of the enumerated
				crimes listed in this paragraph.