Ga. Comp. R. & Regs. R. 290-2-3-.21 - Criminal Records and Comprehensive Background Checks
(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.
Notes
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