Ga. Comp. R. & Regs. R. 290-2-7-.04 - Criminal History Background Checks, Pesonnel
(1) Criminal History Background Checks for
Owners Required. Prior to approving any license for a new outdoor child caring
program and periodically as established by the department by rule and
regulation, the department shall require an owner to submit a records check
application so as to permit the department to obtain criminal history
background information on the owner .
(a) An
owner may not be required to submit a records check application if it is
determined that the owner does not do at least one of the following:
1. Maintains an office at the location where
services are provided to children;
2. Resides at a location where services are
provided to children;
3. Has direct
access to children receiving care; or
4. Provides direct personal supervision of
personnel by being immediately available to provide assistance and direction
during the time services are being provided.
(b) In lieu of a records check application ,
an owner may submit evidence, satisfactory to the department , that within the
immediately preceding 12 months the owner has received a satisfactory criminal
history background check determination .
(2) An outdoor child caring program license
shall not be issued, and any license issued shall be revoked where it has been
determined that the owner has a criminal record involving any of the following
covered crimes, as outlined in O.C.G.A. Sec.
49-2-14.1et seq.:
(a) A violation of Code Section
16-5-1, relating to murder and
felony murder;
(b) A violation of
Code Section
16-5-21, relating to aggravated
assault;
(c) A violation of Code
Section 16-5-24, relating to aggravated
battery;
(d) A violation of Code
Section 16-5-70, relating to cruelty to
children;
(e) A violation of Code
Section 16-5-100, relating to cruelty to a
person 65 years of age or older;
(f) A violation of Code Section
16-6-1, relating to
rape;
(g) A violation of Code
Section 16-6-2, relating to aggravated
sodomy;
(h) A violation of Code
Section 16-6-4, relating to child
molestation;
(i) A violation of
Code Section
16-6-5, relating to enticing a
child for indecent purposes;
(j) A
violation of Code Section
16-6-5.1, relating to sexual
assault against persons in custody, detained persons, or patients in hospitals
or other institutions;
(k) A
violation of Code Section
16-6-22.2, relating to aggravated
sexual battery;
(l) A violation of
Code Section
16-8-41, relating to armed
robbery;
(m) A violation of Code
Section 30-5-8, relating to abuse,
neglect, or exploitation of a disabled adult or elder person ; or
(n) Any other offense committed in another
jurisdiction that, if committed in this state, would be deemed to be a crime
listed in this paragraph without regard to its designation elsewhere.
(3) An owner with a valid outdoor
child placing agency license issued on or before June 30, 2007 shall be
required to obtain a criminal records check determination no later than
December 31, 2008.
(a) An owner with a valid
outdoor child caring program license issued on or before June 30, 2007 who is
determined to have a criminal record for any of the crimes listed in Rule
.04(2)(a)-(n) above, shall not have the license revoked prior to a hearing
being held before a hearing officer pursuant to Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act."
(b) An owner with a valid outdoor child
caring program license who acquires a criminal record as defined in Rule
.04(2)(a)-(n) above subsequent to the effective date of these rules shall
disclose the criminal record to the department .
(c) If at any time the department has reason
to believe an owner holding a valid license has a criminal record for any of
the crimes listed in Rule .04(2)(a)-(n) above, the department shall require the
owner to submit a records check application immediately for determination of
whether a revocation action is necessary. Prior to the revocation of the
license becoming final, the owner is entitled to an administrative hearing
unless the owner has not begun providing services under the license . Where
services are not currently being provided under the license , the decision of
the administrative hearing officer must precede the initiation of
services.
(4) Criminal
History Background Checks for Director and Employees Required. Prior to serving
as a director of a licensed outdoor child caring program, a person shall submit
a records check application and receive a satisfactory determination or be
determined eligible to serve as a director as a result of an administrative
hearing .
(a) A person with an unsatisfactory
criminal history background check determination may not serve as a director of
a licensed outdoor child caring program if it is determined that such person
has a criminal record involving any of the following covered crimes:
1. Any felony under Georgia law;
2. A violation of Code Section O.C.G.A. Sec.
16-4-1, relating to criminal
attempt when the crime attempted is any of the crimes specified by this
paragraph;
3. A violation of Code
Section O.C.G.A. Sec.
16-5-23, relating to simple
battery; where the victim is a minor;
4. A violation of Code Section O.C.G.A. Sec.
16-6-1et seq.,
relating to sexual offenses, excluding the offenses of bigamy or marrying a
bigamist;
5. A violation of Code
Section O.C.G.A. Sec. 16-21-1, relating to contributing to the delinquency of a
minor;
6. Any other offense
committed in another jurisdiction that, if committed in this state, would be
deemed to be a crime listed in this paragraph without regard to its designation
elsewhere.
(b) Prior to
serving as an employee other than a director of a licensed outdoor child caring
program, a person must submit a preliminary record check application and
receive a satisfactory determination. Provided however, should there be an
unsatisfactory determination, the person must submit to a fingerprint record
check and get a satisfactory determination or be determined eligible to serve
as an employee as a result of an administrative hearing .
(c) A person with an unsatisfactory
background check determination may not serve as an employee of a licensed
outdoor child caring program if it is determined that such person has a
criminal record involving any of the covered crimes outlined in O.C.G.A. Secs.
16-4-1,
16-5-23,
16-6-1 and 16-21-1 and in Rule
.04(2)(a)1. -6. above.
(d) In lieu
of a records check application , a director or employee may submit evidence,
satisfactory to the department , that within the immediately preceding 12 months
the above personnel have received a satisfactory records check determination or
a satisfactory preliminary records check determination , whichever is
applicable.
(5)
Personnel. In accordance with these rules and regulations, the outdoor child
caring program shall employ and provide training and supervision for an
adequate number of staff necessary to ensure the health and safety of the
campers in its care.
(6) Outdoor
Child Caring Programs shall have written job descriptions which specify what
duties employees are expected to perform. A copy of the job descriptions shall
be available to the employees and to the Department .
(7) The Administrator or Executive Director
shall have a masters degree from an accredited college or university and a
minimum of three years of increasingly responsible experience in the human
service, mental health or health care field, or a Bachelors Degree plus five
years experience in the field of child care, human services, mental health, at
least two of which includes supervisory and/or administrative
responsibility.
(8) The
Administrator shall be responsible for implementing the policies adopted by the
Governing Body, the on-going operation of the Outdoor Child Caring Program, and
compliance with the "Rules and Regulations for Outdoor Child Caring
Programs."
(9) The Administrator or
his/her designee shall be present and responsible for the operation of the camp
at all times. Staff on duty shall be made aware of the designated
person .
(10) There shall be an
effective written plan for staff supervision of the group sessions. The plan
shall include the line of supervision , support staff, their location and
accessibility.
(11) The staff
member with primary responsibility for planning, developing, implementing
service and Room Board and Watchful Oversight plans, supervising staff who
deliver the services, and developing in-service training shall have a master's
degree in psychology, social work, education or other related fields and
experience and/or training in working with children in an outdoor Child Caring
Program environment.
(12) Each
Outdoor Child Caring Program shall have a social service worker on
staff.
(13) The social service
worker shall have at least a Bachelor's Degree from an accredited college or
university.
(14) Each Outdoor Child
Caring Program shall employ or contract with an adequate number of qualified
and trained staff who provide room, board and watchful oversight appropriate to
the types of children being served.
(15) The Outdoor Child Caring Program s shall
arrange for the provision of professional services e.g., physicians, dentists,
psychiatrists, psychologists, teachers, nurses, recreational therapists and
other specialists according to the requirements of the Medicaid Rehabilitation
Option Network.
(16) The Outdoor
Child Caring Program shall have staff coverage throughout the 24-hour period.
(a) The Outdoor Child Caring Program shall
have sufficient numbers of qualified and trained staff as required by these
rules to provide for the needs, care, protection, supervision and room, board
and watchful oversight of children. All staff and volunteers shall be
supervised to ensure that assigned duties are performed adequately and to
protect the health, safety and well-being of the children in care.
(b) Supervisory staff shall be accessible to
campers and to child care staff 24 hours per day. All staff and volunteers
shall be supervised to ensure that assigned duties are performed adequately and
to protect the health, safety and well-being of the campers in care.
(c) If volunteers are used as a supplement to
child care staff, they shall meet the same requirements as the regular child
care staff.
(d) Teachers who
supervise campers' activities may be included in the provision of watchful
oversight during the time they are responsible for a group.
(17) Child care staff or
supervisory staff shall be available at all times so that no group will be
without appropriate supervision .
(18) Tasks which conflict or interfere with
their child care responsibilities shall not be assigned to child care staff.
Job descriptions and staff assignments shall show no conflicts in assignments
to child care staff.
(19) The
personal qualifications of employees shall be verified including a satisfactory
criminal history background check completed in accordance with O.C.G.A. Sec.
49-5-60et seq.
and a ten-year employment history. Verification of educational
qualifications shall include documentation of a high school diploma or official
transcripts from an accredited institution of higher learning.
(a) At least three references shall be
obtained for each potential employee prior to employment. Information obtained
from the references shall be written and filed whether the interview is
conducted in person or by telephone. References should attest to the person 's
capabilities of performing the duties for which they are employed and to the
person 's suitability of working with the types of children served by the
camp.
(b) Each employee shall
submit an oral or written statement to the facility at the time of application
that they have never been shown by credible evidence (such as a decision of a
court or jury, or a department investigation or other reliable evidence) to
have abused, neglected, sexually exploited, or deprived a child or adult or to
have subjected any person to serious injury as a result of intentional or
grossly serious injury as a result of intentional or grossly negligent
misconduct.
(20) Child
care staff shall be at least four years older than the oldest child in their
group, have a high school education or an equivalency and experience in working
with children in a group setting. Former campers employed as staff shall be at
least 21 years of age.
(21) In
addition to the initial orientation, including training on the facility's
policies and procedures pertaining to behavior management techniques and
emergency safety interventions , all staff working with campers shall receive
annually at least 40 hours of in-service training related to children's service
needs in a primitive environment. In-service training for staff working with
campers shall be documented. This shall include the date, the subject, and name
of the person who conducted the training.
(22) Training in first aid and C.P.R. shall
be required within 90 days of employment for all child care staff who are not
licensed/certified health professionals.
(a)
Training shall be certified by a Red Cross instructor or a licensed/certified
health professional.
(b) First aid
training shall be updated at least every three years. Certificates or
statements of training shall document that training has been updated.
(23) All child care staff shall
have training by certified staff in water safety and lifesaving
techniques.
(24) A specialist
trained in the particular activity shall supervise the participation of the
campers in high risk activities such as rock climbing, canoeing, caving,
etc.
(25) Personnel records shall
be maintained for each employee of the outdoor child caring program. These
records shall contain as a minimum the following information:
(a) Identifying information such as name,
address, telephone number, and emergency contact person (s);
(b) Qualifications for the
position;
(c) Date, name of
contact, and information received from pre-employment references;
(d) Date of employment;
(e) Verification of training, including dates
of all such training;
(f) Annual
reports of performance, including all records of employee discipline arising
from the inappropriate use of behavior management techniques and emergency
safety interventions ;
(g) Criminal
history background check determination;
(h) Date and reason for separation;
and
(i) Forwarding address of
separated employees.
Notes
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