2020 Georgia Code
Title 20 - Education
Chapter 1A - Early Care and Learning
Article 2 - Background Checks
§ 20-1A-31. Records Check Application for Potential Employees; Comprehensive Records Check Determination

1. A support center may furnish to the department a records check application for each potential employee of any licensed, commissioned, or permitted early care and education program. Before a person affiliated with a support center may become an employee of any licensed, commissioned, or permitted early care and education program, such person shall obtain a comprehensive records check determination that is satisfactory. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the department, that such potential employee received a comprehensive records check determination that is satisfactory and that includes a records check determination clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any employee whose fingerprint records check determination revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that such student received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such student whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed, commissioned, or permitted early care and education program shall maintain documentation in the employee's personnel file, which is available to the department upon request, and which reflects that a comprehensive records check determination that was satisfactory was received before the employee is allowed to be present at a facility while children are present for care or to reside in a facility. If the comprehensive records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall not be allowed to be present at a facility while children are present for care or to reside in a facility until such potential employee has either obtained a comprehensive records check determination that is satisfactory or has had the unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. If the comprehensive records check determination is unsatisfactory, the licensed, commissioned, or permitted early care and education program shall, after receiving notification of such unsatisfactory determination, take such steps as are necessary so that such employee is no longer present at a facility while children are present for care and no longer resides in the facility. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.
2. Notwithstanding the limited period of portability, every person affiliated with a support center as a potential employee of a licensed or commissioned early care and education program shall undergo additional comprehensive records check determinations such that the time between such additional comprehensive records check determinations and that person's previous comprehensive records check determination shall not exceed five years, except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, notwithstanding Code Section 20-1A-45.
3. After the issuance of a registration, the department may require additional comprehensive records check determinations on any person affiliated with a support center during the course of a child abuse investigation involving such person or when the department has reason to believe such person has a criminal record that renders such person ineligible to be present at a facility while children are present for care or to reside in a facility.

(Code 1981, §20-1A-31, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-1/SB 336; Ga. L. 2018, p. 1101, § 3/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.)

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "(a) Each center shall be required to obtain a separate license for each facility and shall have a separate director for each facility.

"(b) An applicant for a new license shall apply for a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility."

The 2018 amendments. The first 2018 amendment, effective July 1, 2018, rewrote subsection (a); in subsection (b), inserted "an" near the middle, substituted "check determination" for "checks" twice in the middle, inserted "determination" near the end, and added the exception at the end. The second 2018 amendment, effective July 1, 2018, substituted "comprehensive" for "fingerprint" throughout this Code section; rewrote subsection (a); in subsection (b), inserted "determinations" twice, inserted "determination" near the end, and added ", notwithstanding Code Section 20-1A-45" at the end; and, in subsection (c), substituted "be present at a facility" for "reside at an early care and education program or be present at an early care and education program" and added "or to reside in a facility" at the end. See the Code Commission note regarding the effect of these amendments.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, in subsection (b), substituted "comprehensive records check determinations" for "comprehensive records checks determinations" in two places and added a comma following "Code Section 35-3-33".

- Pursuant to Code Section 28-9-5, in 2018, the amendment of portions of subsection (b) of this Code section by Ga. L. 2018, p. 507, § 2-1/SB 336, was treated as impliedly repealed and superseded by Ga. L. 2018, p. 1101, § 3/HB 494, due to irreconcilable conflict.