Ga. Comp. R. & Regs. R. 591-1-1-.09 - Criminal Records and Comprehensive Background Checks
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.
Notes
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No prior version found.