| HB 30 - Day-care center employees; state & national fingerprint records check |
First Reader Summary
A BILL to amend Article 3 of Chapter 5 of Title 49 of the
Official Code of Georgia Annotated, relating to employees'
records checks for day-care centers, so as to provide that no
person may be employed at a day-care center without a
satisfactory state and national fingerprint records check
determination within the previous 12 months or a satisfactory
state fingerprint records check determination, with continued
employment contingent upon a satisfactory national fingerprint
records check; and for other purposes.
| House |
Action |
Senate |
| 1/15/99 |
Read 1st Time |
3/2/99 |
| 1/25/99 |
Read 2nd Time |
3/18/99 |
| 2/17/99 |
Favorably Reported |
3/18/99 |
| Sub |
Committee Amend/Sub |
Sub |
| 3/1/99 |
Read 3rd Time |
3/22/99 |
| 3/1/99 |
Passed/Adopted |
3/22/99 |
| CS |
Comm/Floor Amend/Sub |
CSFA |
| 3/24/99 |
Amend/Sub Agreed To |
|
| 4/12/99 |
Sent to Governor |
|
| 4/28/99 |
Signed by Governor |
|
| 320 |
Act/Veto Number |
|
| 7/1/99/9 |
Effective Date |
|
HB 30 HB 30/AP
H. B. No. 30 (AS PASSED HOUSE AND SENATE)
By: Representative Barnard of the 154th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 3 of Chapter 5 of Title 49 of the Official
1- 2 Code of Georgia Annotated, relating to employees' records
1- 3 checks for day-care centers, group day-care homes, family
1- 4 day-care homes, and child-caring institutions, so as to
1- 5 provide that no person may be employed at such a center
1- 6 without a satisfactory preliminary records check or
1- 7 satisfactory state and national fingerprint records check
1- 8 determinations within the previous 12 months; to provide
1- 9 that no person may be hired as or continue to serve as
1-10 director without a satisfactory state and a pending national
1-11 fingerprint records check; to provide for procedures related
1-12 to license applicants, licensed centers, centers applying
1-13 for licensure after expiration of a license, and centers
1-14 which have changed directors; to provide for definitions; to
1-15 provide for fees; to provide for exceptions to certain
1-16 requirements for certain persons residing in family day-care
1-17 homes, for emergency temporary employees, and for persons
1-18 whose unsatisfactory determinations have been reversed; to
1-19 provide for related matters; to provide for the submission
1-20 of fingerprints in conjunction with the application for a
1-21 license for the operation of a foster home; to provide for a
1-22 fingerprint check by the Federal Bureau of Investigation; to
1-23 repeal conflicting laws; and for other purposes.
1-24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-25 SECTION 1.
1-26 Article 3 of Chapter 5 of Title 49 of the Official Code of
1-27 Georgia Annotated, relating to employees' records checks for
1-28 day-care centers, is amended by inserting three new
1-29 paragraphs in Code Section 49-5-60, relating to definitions
1-30 relative to employees' records checks for day-care centers,
1-31 to read as follows:
1-32 "(5.1) 'Emergency temporary employee' means an employee
1-33 other than a director whose duties involve personal
1-34 contact between that person and any child being cared
1-35 for at the facility and who is hired on an expedited
-1-
2- 1 basis to avoid noncompliance with staffing standards for
2- 2 centers required by law, rule, or regulation."
2- 3 "(14.1) 'National fingerprint records check
2- 4 determination' means a satisfactory or unsatisfactory
2- 5 determination by the department in accordance with
2- 6 applicable law based upon a report from the Federal
2- 7 Bureau of Investigation after a search of bureau records
2- 8 and fingerprints."
2- 9 "(18.1) 'State fingerprint records check determination'
2-10 means a satisfactory or unsatisfactory determination by
2-11 the department in accordance with applicable law based
2-12 upon a records check comparison of GCIC information with
2-13 fingerprints and other information in a records check
2-14 application."
2-15 SECTION 2.
2-16 Said article is further amended by striking in its entirety
2-17 Code Section 49-5-62, relating to the records check
2-18 application for the director of a new facility and
2-19 preliminary records checks for employees, and inserting in
2-20 lieu thereof the following:
2-21 "49-5-62.
2-22 Accompanying any application for a new license for a
2-23 facility, the applicant shall furnish to the department a
2-24 records check application for the director and a
2-25 satisfactory preliminary records check application for
2-26 each employee of such facility. In lieu of such records
2-27 check applications, the applicant may submit evidence,
2-28 satisfactory to the department, that within the
2-29 immediately preceding 12 months the director received a
2-30 satisfactory received satisfactory state and national
2-31 fingerprint records check determination determinations and
2-32 each employee received a satisfactory preliminary records
2-33 check determination, or that any employee other than the
2-34 director whose preliminary records check revealed a
2-35 criminal record of any kind has either subsequently
2-36 received satisfactory state and national fingerprint
2-37 records check determinations or has had the unsatisfactory
2-38 determination reversed in accordance with Code Section
2-39 49-5-73. The department shall may either perform
2-40 preliminary records checks under agreement with GCIC or
2-41 contract with GCIC and appropriate law enforcement
2-42 agencies which have access to GCIC information to have
2-43 those agencies perform for the department a preliminary
-2-
3- 1 records check for each records check application and
3- 2 preliminary records check application submitted thereto by
3- 3 the department, and the department shall make a written
3- 4 determination based upon that records check. Either the
3- 5 department or the appropriate law enforcement agencies may
3- 6 charge reasonable fees for performing preliminary records
3- 7 checks."
3- 8 SECTION 3.
3- 9 Said article is further amended by striking in its entirety
3-10 Code Section 49-5-63, relating to determinations on
3-11 preliminary records checks, license issuance, and effect of
3-12 unsatisfactory determination, and inserting in lieu thereof
3-13 the following:
3-14 "49-5-63.
3-15 After being furnished the required records check
3-16 application and preliminary records check application
3-17 under Code Section 49-5-62, the department shall notify in
3-18 writing the license applicant as to each person for whom
3-19 an application was received regarding whether the
3-20 department's determination as to that person's preliminary
3-21 state fingerprint records check was satisfactory or
3-22 unsatisfactory. If the preliminary records check
3-23 determination was satisfactory as to the director and each
3-24 employee of an applicant's facility has applied for a
3-25 preliminary records check determination and the state
3-26 fingerprint records check was satisfactory as to the
3-27 director, that applicant may be issued a license for that
3-28 facility if the applicant otherwise qualifies for a
3-29 license under Article 1 of this chapter. If the state or
3-30 national fingerprint records check determination was
3-31 unsatisfactory as to the director of an applicant's
3-32 facility, the applicant shall designate another director
3-33 for that facility after receiving notification of the
3-34 determination and proceed under Code Section 49-5-62 and
3-35 this Code section to obtain a preliminary state and
3-36 national fingerprint records check checks for that newly
3-37 designated director. If the preliminary records check for
3-38 any employee other than the director revealed a criminal
3-39 record of any kind, such employee shall not be allowed to
3-40 work in the center until he or she either has obtained
3-41 satisfactory state and national fingerprint records check
3-42 determinations or has had the unsatisfactory determination
3-43 reversed in accordance with Code Section 49-5-73. If the
3-44 determination was unsatisfactory as to any employee of an
-3-
4- 1 applicant's facility, the applicant shall, after receiving
4- 2 notification of that determination, take such steps as are
4- 3 necessary so that such person is no longer an employee.
4- 4 Any employee other than the director who receives a
4- 5 satisfactory preliminary records check shall not be
4- 6 required to obtain a fingerprint records check unless such
4- 7 an employee has been designated as a director or as
4- 8 permitted by the provisions of subsection (c) of Code
4- 9 Section 49-5-69."
4-10 SECTION 4.
4-11 Said article is further amended by striking in its entirety
4-12 Code Section 49-5-64, relating to fingerprint records
4-13 checks, and inserting in lieu thereof the following:
4-14 "49-5-64.
4-15 After issuing a license based upon a satisfactory
4-16 preliminary records check determination of the director
4-17 and after each employee has applied for a preliminary
4-18 records check determination under Code Section 49-5-63,
4-19 the The department shall transmit to GCIC both sets of
4-20 fingerprints and the records search fee from that
4-21 director's each fingerprint records check application.
4-22 Upon receipt thereof, GCIC shall promptly transmit one set
4-23 of fingerprints to the Federal Bureau of Investigation for
4-24 a search of bureau records and an appropriate report and
4-25 shall retain the other set and promptly conduct a search
4-26 of its records and records to which it has access. Within
4-27 75 ten days after receiving fingerprints acceptable to
4-28 GCIC, the application, and fee, GCIC shall notify the
4-29 department in writing of any derogatory finding, including
4-30 but not limited to any criminal record, of the state
4-31 fingerprint records check or if there is no such finding.
4-32 After a search of Federal Bureau of Investigation records
4-33 and fingerprints and upon receipt of the bureau's report,
4-34 the department shall make a national fingerprint records
4-35 determination."
4-36 SECTION 5.
4-37 Said article is further amended by striking in its entirety
4-38 Code Section 49-5-65, relating to determination on the basis
4-39 of fingerprint records checks and license revocation, and
4-40 inserting in lieu thereof the following:
-4-
5- 1 "49-5-65.
5- 2 After receiving a GCIC notification Federal Bureau of
5- 3 Investigation report regarding a director's national
5- 4 fingerprint records check under Code Section 49-5-64, the
5- 5 department shall make a determination based thereon and
5- 6 notify in writing the license applicant as to whether that
5- 7 records check was satisfactory or unsatisfactory. If the
5- 8 national fingerprint records check determination was
5- 9 unsatisfactory as to the director of an applicant's
5-10 facility, after receiving notification of that
5-11 determination, that applicant shall designate another
5-12 director for such facility, for which director the
5-13 applicant has not received or made an unsatisfactory
5-14 preliminary or fingerprint records check determination and
5-15 proceed under the requirements of Code Sections 49-5-62
5-16 through 49-5-64 and this Code section to obtain a
5-17 preliminary records check obtain state and national
5-18 fingerprint records check determination determinations for
5-19 the newly designated director. The director may begin
5-20 working upon the receipt of a satisfactory state
5-21 fingerprint records check determination pending the
5-22 receipt of the national fingerprint records check
5-23 determination from the department. The department may
5-24 revoke the license of that facility if the facility fails
5-25 to comply with the requirements of this Code section and
5-26 Code Section 49-5-63 to receive a satisfactory state and
5-27 national fingerprint determination determinations on the
5-28 director or to comply with Code Section 49-5-63 regarding
5-29 employees other than the director receive a satisfactory
5-30 preliminary records check determination for all
5-31 employees."
5-32 SECTION 6.
5-33 Said article is further amended by striking in its entirety
5-34 Code Section 49-5-66, relating to procedures upon expiration
5-35 of existing licenses, and inserting in lieu thereof the
5-36 following:
5-37 "49-5-66.
5-38 Upon the expiration of any license issued prior to July 1,
5-39 1985, the Each center to which such license was issued
5-40 shall be required to obtain a separate license for each of
5-41 the center's existing facilities and shall have a separate
5-42 director for each such facility center. An existing
5-43 facility whose license so expires may be issued a license
-5-
6- 1 when that center submits evidence, satisfactory to the
6- 2 department, that the director has received a satisfactory
6- 3 preliminary records check and has applied for a
6- 4 fingerprint check and all employees have applied for
6- 5 preliminary records checks. After receiving those
6- 6 applications, the department shall proceed to have made
6- 7 records check determinations based upon such applications
6- 8 and the facility may only retain a license under the
6- 9 conditions and procedures provided in Code Sections
6-10 49-5-62 through 49-5-65. Any director or employee who has
6-11 received a satisfactory records check determination within
6-12 the immediately preceding 12 month period may submit
6-13 evidence to the department of that determination in lieu
6-14 of reapplication for a records check determination. The
6-15 department may accept the previous satisfactory
6-16 determination unless it has reason to believe that the
6-17 applicant has a criminal record subsequent to the last
6-18 records check determination. A license may only be issued
6-19 if the facility otherwise qualifies for a license pursuant
6-20 to Article 1 of this chapter. Any new facility in this
6-21 state first owned or operated on or after July 1, 1985, by
6-22 a center already licensed in this state shall be required
6-23 to have a new license issued pursuant to Code Sections
6-24 49-5-61 through 49-5-65."
6-25 SECTION 7.
6-26 Said article is further amended by striking in its entirety
6-27 Code Section 49-5-67, which reads as follows:
6-28 "49-5-67.
6-29 Reserved.",
6-30 and inserting in lieu thereof the following:
6-31 "49-5-67.
6-32 (a) Notwithstanding any other provision of this article,
6-33 an individual who resides in a family day-care home, as
6-34 defined by Code Section 49-5-3, shall not be required to
6-35 provide fingerprints for routine fingerprints records
6-36 checks if the operator of the family day-care home
6-37 provides the department with an affidavit stating that
6-38 such individual is not present in the home at the same
6-39 time as the children who are received for pay for
6-40 supervision and care. However, all persons residing in a
6-41 family day-care home are required to obtain satisfactory
-6-
7- 1 preliminary records checks and submit them to the
7- 2 department.
7- 3 (b) As an exception to the requirements set out in this
7- 4 article for employees of centers, a center may hire
7- 5 emergency temporary employees in order to avoid
7- 6 noncompliance with staffing requirements for centers
7- 7 required by law, rule, or regulation. An emergency
7- 8 temporary employee may start working immediately after
7- 9 requesting a preliminary records check from a local law
7-10 enforcement agency and may work up to five working days
7-11 without the results of the preliminary records check if
7-12 the director of the center maintains an affidavit and
7-13 supporting documents in the employee's personnel file
7-14 stating that the emergency temporary employee applied for
7-15 a preliminary records check with a local law enforcement
7-16 agency before the employee began work and the date that
7-17 the preliminary records check was received from the local
7-18 law enforcement agency. The employee's personnel file
7-19 shall be available to the department for inspection. At
7-20 the end of the five-day work period or upon receipt of the
7-21 results of the preliminary records check, whichever occurs
7-22 first, emergency temporary employees become subject to all
7-23 other requirements of this article."
7-24 SECTION 8.
7-25 Said article is further amended by striking in its entirety
7-26 Code Section 49-5-68, relating to a change of director, and
7-27 inserting in lieu thereof the following:
7-28 "49-5-68.
7-29 (a) If the director of a facility which has been issued a
7-30 license ceases to be the director of that facility, the
7-31 licensee shall thereupon designate a new director. After
7-32 such change, the licensee of that facility shall notify
7-33 the department of such change and of any additional
7-34 information the department may require regarding the newly
7-35 designated director of that facility. Such information
7-36 shall include but not be limited to any information the
7-37 licensee may have regarding preliminary or any fingerprint
7-38 records check determinations regarding that director.
7-39 After receiving a change of director notification, the
7-40 department shall make a written determination from the
7-41 information furnished with such notification and the
7-42 department's own records as to whether a satisfactory or
7-43 unsatisfactory preliminary or state and national
-7-
8- 1 fingerprint records check determination has determinations
8- 2 have ever been made for the newly designated director. If
8- 3 the department determines that such director within 12
8- 4 months prior thereto has had a satisfactory state and
8- 5 national fingerprint records check determination
8- 6 determinations, such determination determinations shall be
8- 7 deemed to be a satisfactory state and national fingerprint
8- 8 records check determination determinations as to that
8- 9 director. The license of that facility shall not be
8-10 adversely affected by that change in director, and the
8-11 licensee shall be so notified.
8-12 (b) If the department determines under subsection (a) of
8-13 this Code section that there has ever been an
8-14 unsatisfactory preliminary or state or national
8-15 fingerprint records check determination of the newly
8-16 designated director which has not been legally reversed,
8-17 the center and that director shall be so notified thereof.
8-18 The license for that director's facility shall be
8-19 indefinitely suspended or revoked unless the center
8-20 designates another director for whom it has not received
8-21 or made an unsatisfactory preliminary or state or national
8-22 fingerprint records check determination and proceeds
8-23 pursuant to the provisions of this Code section relating
8-24 to a change of director.
8-25 (c) If the department determines under subsection (a) of
8-26 this Code section that there has have been no state and
8-27 national fingerprint records check determination
8-28 determinations regarding the newly designated director
8-29 within the immediately preceding 12 months, the department
8-30 shall so notify the center. The center shall furnish to
8-31 the department the fingerprint records check application
8-32 of the newly designated director after the date the
8-33 notification is sent by the department or the license of
8-34 that facility shall be indefinitely suspended or revoked.
8-35 If that fingerprint records check application is so
8-36 received, unless the department has within the immediately
8-37 preceding 12 months made a satisfactory preliminary state
8-38 fingerprint records check determination regarding the
8-39 newly designated director, the department shall perform a
8-40 preliminary state fingerprint records check and
8-41 determination of the newly designated director; and the
8-42 applicant and that director shall be so notified thereof.
8-43 If that determination is unsatisfactory, the provisions of
8-44 subsection (b) of this Code section regarding procedures
8-45 after notification shall apply. If that determination is
-8-
9- 1 satisfactory, the department shall perform a national
9- 2 fingerprint records check and determination for that
9- 3 director as provided in Code Sections 49-5-64 and 49-5-65.
9- 4 The director may begin working upon the receipt of a
9- 5 satisfactory state fingerprint records check determination
9- 6 pending the receipt of the national fingerprint records
9- 7 check determination from the department. If that
9- 8 determination is satisfactory, the center and director for
9- 9 whom the determination was made shall be so notified after
9-10 the department makes its determination, and the license
9-11 for the facility at which that person is the newly
9-12 designated director shall not be adversely affected by
9-13 that change of director. If that determination is
9-14 unsatisfactory, the provisions of subsection (b) of this
9-15 Code section shall apply."
9-16 SECTION 9.
9-17 Said article is further amended by striking in its entirety
9-18 Code Section 49-5-69, relating to employment requirements
9-19 and penalties for violations, and inserting in its place the
9-20 following:
9-21 "49-5-69.
9-22 (a) Before a person may become an employee other than a
9-23 director of any facility center after that facility center
9-24 has received a license, that facility center shall require
9-25 that person to furnish to the department obtain a
9-26 satisfactory preliminary records check application. The
9-27 department shall, under the procedures of Code Sections
9-28 49-5-62 and 49-5-63, make a preliminary records check
9-29 determination and send notice thereof to the facility and
9-30 employee. The center shall maintain documentation in the
9-31 employee's personnel file, which is available to the
9-32 department upon request, which reflects that a
9-33 satisfactory preliminary criminal records check was
9-34 received before the employee began working with children.
9-35 If the preliminary records check for any potential
9-36 employee other than the director reveals a criminal record
9-37 of any kind, such potential employee shall not be allowed
9-38 to begin working until either such potential employee has
9-39 obtained satisfactory state and national fingerprint
9-40 records check determinations or has had the unsatisfactory
9-41 preliminary or fingerprint records check determination
9-42 reversed in accordance with Code Section 49-5-73. If the
9-43 either the preliminary or state or national fingerprint
9-44 records determination is unsatisfactory, the facility
-9-
10- 1 center shall, after receiving notification of the
10- 2 determination, take such steps as are necessary so that
10- 3 such person is no longer an employee. Any potential
10- 4 employee other than the director who receives a
10- 5 satisfactory preliminary records check determination shall
10- 6 not be required to obtain a fingerprint records check
10- 7 determination except as permitted in accordance with
10- 8 subsection (c) of this Code section.
10- 9 (b) A license is subject to suspension or revocation and
10-10 the department may refuse to issue a license if a director
10-11 or employee does not undergo the records and fingerprint
10-12 checks applicable to that director or employee and receive
10-13 a satisfactory determination receive satisfactory
10-14 determinations.
10-15 (c) After the issuance of a license, the department may
10-16 require a fingerprint records check on any director or
10-17 employee to confirm identification for records search
10-18 purposes, when an unsatisfactory preliminary records check
10-19 is received, when the department has reason to believe the
10-20 applicant employee has a criminal record that renders the
10-21 employee ineligible to have contact with children in the
10-22 center, or during the course of a child abuse
10-23 investigation involving the director or employee.
10-24 (d) No center may have hire any person as an employee
10-25 after January 1, 1986, July 1, 1999, unless there is on
10-26 file in the center an employment history and a
10-27 satisfactory preliminary records check application or, if
10-28 the preliminary records check determination revealed a
10-29 criminal record of any kind as to such person, either
10-30 satisfactory state and satisfactory national records check
10-31 determinations for that person or proof that an
10-32 unsatisfactory determination has been reversed in
10-33 accordance with Code Section 49-5-73.
10-34 (e) A director of a facility having an employee whom that
10-35 director knows or should reasonably know to have a
10-36 criminal record that renders the employee ineligible to
10-37 have contact with children in the center shall be guilty
10-38 of a misdemeanor."
10-39 SECTION 10.
10-40 Said article is further amended inserting in Code Section
10-41 49-5-69.1, relating to fingerprint and preliminary records
10-42 checks for foster care homes; notice of results; violations;
10-43 and foster parents known to have criminal records, a new
-10-
11- 1 subsection to be designated subsection (e) to read as
11- 2 follows:
11- 3 "(e) In addition to any other requirement established by
11- 4 law, the submission of fingerprints shall be a
11- 5 prerequisite to the issuance of a license or authorization
11- 6 for the operation of a foster home or to serve as foster
11- 7 parents as provided in this article. Such fingerprints
11- 8 shall be used for the purposes of fingerprint checks by
11- 9 the Georgia Crime Information Center and the Federal
11-10 Bureau of Investigation."
11-11 SECTION 11.
11-12 All laws and parts of laws in conflict with this Act are
11-13 repealed.
-11-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 05/05/99
