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-.03 - Definitions

Current through Rules and Regulations filed
				through June 27, 2024
In these rules, unless the context otherwise requires, the
				  capitalized 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" or "Children" means any person(s)
				under 18 years of age for whom child care service(s) is (are) provided in a
				Home. For purposes of these rules, the terms shall not include Children that
				are related to the License Holder or applicant as defined in these rules or
				Children whose Parent(s) reside in the same residence as the License Holder or
				applicant.
(d) "Closure Action"
				means the most restrictive category of Enforcement Actions including emergency
				closure, long-term suspension and revocation.
(e) "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 provider 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.
(f) "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.