HBill.html

To amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to change the name of the Office of School Readiness to Bright From The Start: Georgia´s Office of Early Care and Education; to make the office a separate budget unit; to revise definitions; to change certain provisions relating to the director of the office; to add certain powers and duties of the office; to revise certain references for conformity purposes; to provide for the transfer of the regulation and licensure of early care and education programs from the Department of Human Resources to Bright From The Start: Georgia´s Office of Early Care and Education; to provide for the transfer of certain functions of the Georgia Child Care Council to Bright From The Start: Georgia´s Office of Early Care and Education; to provide for the succession of all applicable rules and regulations of the Department of Human Resources and the Georgia Child Care Council to Bright From The Start: Georgia´s Office of Early Care and Education; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to change references to the Department of Human Resources to Bright From The Start: Georgia´s Office of Early Care and Education; to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, so as to provide for notice to day-care and group day-care programs by Bright From The Start: Georgia´s Office of Early Care and Education; to amend Code Section 48-7-40.6 of the Official Code of Georgia Annotated, relating to tax credits for employers providing child care, so as to include Bright From The Start: Georgia´s Office of Early Care and Education as a licensing entity; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to revise definitions; to provide that other state agencies coordinate and assist Bright From The Start: Georgia´s Office of Early Care and Education and its director in its duties; to change certain provisions relating to the powers and duties of the Department of Human Resources; to change certain provisions relating to licensing of child welfare agencies and child care facilities; to provide that Bright From The Start: Georgia´s Office of Early Care and Education will have the duty to regulate and license early care and education programs; to delineate and establish the powers and duties of the Department of Human Resources and Bright From The Start: Georgia´s Office of Early Care and Education with respect to child-caring institutions, child-placing agencies, maternity homes, day-care centers, family day-care homes, group day-care homes, and child care learning centers; to provide that interference with Bright From The Start: Georgia´s Office of Early Care and Education in regulating early care and education programs shall be subject to penalty; to authorize Bright From The Start: Georgia´s Office of Early Care and Education to take certain actions against applicants and licensees of early care and education programs; to revise a definition relating to employees´ records checks by the Department of Human Resources; to change certain provisions relating to the requirement of a separate license and separate director for each facility; to repeal provisions relating to employment of persons who have entered pleas of guilty or nolo contendere; to change certain provisions relating to fingerprint records check application for directors of existing facilities; to change certain provisions relating to employment requirements and suspension or revocation of license or criminal penalty for violation; to provide that Bright From The Start: Georgia´s Office of Early Care and Education will conduct employees´ records checks for early care and education programs and establish procedures therefor; to revise definitions relating to the emergency protection of children in certain institutions; to provide that Bright From The Start: Georgia´s Office of Early Care and Education may place a monitor or monitors in an early care and education program; to revise definitions relating to the Georgia Child Care Council; to change certain provisions relating to membership appointments to the Georgia Child Care Council; to change certain provisions relating to officers and meetings of the Georgia Child Care Council; to remove provisions for a director of the Georgia Child Care Council; to provide that the Georgia Child Care Council will advise and make recommendations to the director of Bright From The Start: Georgia´s Office of Early Care and Education; to provide that the Department of Human Resources and Bright From The Start: Georgia´s Office of Early Care and Education will perform certain functions formerly conducted by the Georgia Child Care Council; to change references to the Office of School Readiness to Bright From The Start: Georgia´s Office of Early Care and Education wherever they occur in Titles 20 and 49 of the Official Code of Georgia Annotated; to change references to Code Section 49-5-12 to 49-5-3 in certain Code sections in Titles 19 and 31 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes.

20-1A-1.
~~The Office of School Readiness~~ Bright From The Start: Georgia´s Office of Early Care and Education is created as a department of the executive branch of state government, and said office shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. ~~The Office of School Readiness shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Education~~ Bright From The Start: Georgia´s Office of Early Care and Education shall be a separate budget unit.

20-1A-2.
As used in this chapter, the term:
(1) 'Director' means the director of ~~the Office of School Readiness~~ Bright From The Start: Georgia´s Office of Early Care and Education.
(2) 'Early care and education program' shall have the same meaning as set out in Code Section 49-5-3.
~~(2)~~(3) 'Office' means ~~the Office of School Readiness~~ Bright From The Start: Georgia´s Office of Early Care and Education.

20-1A-3.
(a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Governor. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law. The director shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor.
(b) The director shall have the authority to employ all personnel of the office, subject to the provisions of this chapter and all applicable provisions of other laws governing public employment.
(c) The director shall ~~promulgate rules and regulations and~~ establish procedures to carry out the provisions of this chapter.
(d) The Georgia Child Care Council shall advise and make recommendations to the director as provided for under Article 11 of Chapter 5 of Title 49.

20-1A-4.
The ~~Office of School Readiness~~ office shall have the following powers and duties:
(1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgia´s Pre-K Program';
(2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs;
(3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the office; ~~and~~
(4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter;
(5) To regulate early care and education programs pursuant to Chapter 5 of Title 49;
(6) To perform the functions included in subsection (b) of Code Section 49-5-244, relating to improvement of the quality, availability, and affordability of child care in this state;
(7) To serve as the Head Start state collaboration office; and
(8) To perform any other functions as agreed upon between the office and the Department of Human Resources, pursuant to Code Section 20-1A-8.

20-1A-5.
(a) Effective April 15, 1996, the ~~Office of School Readiness~~ office shall carry out all of the functions and exercise all of the powers formerly held by the Department of Education for the operation and management of the pre-kindergarten, Even Start, and child care food programs. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on April 14, 1996, shall, on April 15, 1996, be transferred to the ~~Office of School Readiness~~ office. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the ~~Office of School Readiness~~ office on April 15, 1996.
(b) Effective April 15, 1996, the ~~Office of School Readiness~~ office shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources for the operation and management of child care regulation services. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of pre-kindergarten programs on April 14, 1996, shall, on April 15, 1996, be transferred to the ~~Office of School Readiness~~ office. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the ~~Office of School Readiness~~ office on April 15, 1996.
(c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the director, and such personnel or assets shall not be transferred if the director determines that a specific employee or asset should remain with the transferring agency.
(d) Employees of the office shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the office pursuant to subsection (a) or (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
(e) All employees of the ~~Office of School Readiness~~ office who are employed after April 15, 1996, shall become members of the Employees´ Retirement System of Georgia consistent with the provisions of Code Section 47-2-70.1.
(f) Persons who are transferred to the ~~Office of School Readiness~~ office pursuant to subsection (a) or (b) of this Code section who are members of the Employees´ Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the ~~Office of School Readiness~~ office, or otherwise held by persons at the time of employment with the ~~Office of School Readiness~~ office, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the ~~Office of School Readiness~~ office, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the ~~Office of School Readiness~~ office. Except as provided in this subsection, no employment benefit of any employee transferring to the ~~Office of School Readiness~~ office shall be impaired.
(g) Funding for functions and positions transferred to the ~~Office of School Readiness~~ office under this chapter shall be transferred as provided in Code Section 45-12-90.

20-1A-6.
The ~~Office of School Readiness~~ office shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education or Department of Human Resources, where applicable, which are in effect on April 15, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the director.

20-1A-7.
On and after July 1, 2002, each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the ~~Office of School Readiness~~ office or a provider of pre-kindergarten services shall refer to the program as 'Georgia´s Pre-K Program.'

20-1A-8.
(a) Effective October 1, 2004, the office shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources for the regulation and licensure of early care and education programs and any other functions as agreed upon by the office and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the office and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the office. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the office on October 1, 2004.
(b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 49-5-243, the office shall carry out the functions and exercise the powers as enumerated in subsection (b) of Code Section 49-5-244 as formerly held by the Georgia Child Care Council under Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the office. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the office on October 1, 2004.
(c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the director, and such personnel or assets shall not be transferred if the director determines that a specific employee or asset should remain with the transferring agency.
(d) Employees of the office shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the office pursuant to subsections (a) and (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
(e) All employees of the office who are employed after October 1, 2004, shall become members of the Employees´ Retirement System of Georgia consistent with the provisions of Code Section 47-2-70.1.
(f) All rights, credits, and funds in the Employees´ Retirement System of Georgia created in Chapter 2 of Title 47 which are possessed by state personnel transferred by provisions of this Code section to the office, or otherwise held by persons at the time of employment with the office, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the office. No employment benefit of any employee transferring to the office shall be impaired.
(g) Funding for functions and positions transferred to the office under this Code section shall be transferred as provided in Code Section 45-12-90.

20-1A-9.
The office shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources, the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on October 1, 2004, and which relate to the functions transferred to the office pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to Code Section 49-5-12, rules, regulations, policies, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the director."

Said chapter is further amended by striking Code Section 49-5-8, relating to powers and duties of the department, in its entirety and inserting in lieu thereof the following:
"49-5-8.
(a) The Department of Human Resources is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide:
(1) Preventive services as follows:
(A) Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and
(B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems;
(2) Child welfare services as follows:
(A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency;
(B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;
(C) Supervising and providing required services and care involved in the interstate placement of children;
(D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother;
(E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes;
(F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and
(G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision;
(3) Services to courts, upon their request, as follows:
(A) Accepting for casework services and care all children and youths whose legal custody is vested in the department by the court;
(B) Providing shelter or custodial care for children prior to examination and study or pending court hearing;
(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and
(D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39;
(4) Regional group-care facilities for the purpose of:
(A) Providing local authorities an alternative to placing any child in a common jail;
(B) Shelter care prior to examination and study or pending a hearing before juvenile court;
(C) Detention prior to examination and study or pending a hearing before juvenile court; and
(D) Study and diagnosis pending determination of treatment or a hearing before juvenile court;
(5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions;
(6) Regulation of ~~child-placing and child-caring agencies~~ child services agencies by:
(A) ~~Setting standards~~ Establishing rules and regulations for and providing consultation ~~and making recommendations concerning establishment and incorporation of all such agencies~~ on such rules and regulations for all such agencies; and
(B) Licensing and inspecting ~~regularly~~ periodically all such agencies to ensure their adherence to established ~~standards~~ rules and regulations as prescribed by the department;
(7) Adoption services, as follows:
~~(A) Supervising the work of all child-placing agencies;~~
~~(B)~~(A) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes;
~~(C)~~(B) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption;
~~(D)~~(C) Inquiring into the character and reputation of persons making application for the adoption of children;
~~(E)~~(D) Placing children for adoption;
~~(F)~~(E) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 100 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance;
~~(G)~~(F) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and
~~(H)~~(G) Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services;
(8) Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youths authorized in this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; and
(9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians.
(a.1) Bright From The Start: Georgia´s Office of Early Care and Education is authorized and empowered to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide regulation of early care and education programs by:
(1) Establishing rules and regulations for and providing consultation and making recommendations concerning establishment and incorporation of all such programs; and
(2) Licensing and inspecting periodically all such programs to ensure their adherence to established rules and regulations as prescribed by the office.
(b) The department and the office are is authorized to perform such other duties as may be required under related statutes.
(c)(1) As used in paragraph (2) of this subsection, the term 'state' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or any territory or possession of or territory or possession administered by the United States.
(2) The Department of Human Resources is authorized to enter into interstate compacts, on behalf of this state, with other states to provide for the reciprocal provision of adoption assistance services.
(3) The purpose of paragraphs (1) and (2) of this subsection is to comply with the requirements of the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) and Part E of Title IV of the Social Security Act and to assure that recipients of adoption assistance in Georgia who change their residences to other states receive adoption assistance services, other than adoption assistance payments, from their new states of residence."

Said chapter is further amended by striking Code Section 49-5-12, relating to licensing of child welfare agencies and child care facilities, in its entirety and inserting in lieu thereof the following:
"49-5-12.
(a) ~~'Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family day-care home, group day-care home, or day-care center.~~
~~(b)~~(1) Day-care centers and child care learning centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall notify the ~~department~~ office annually and be commissioned in lieu of being licensed. Commissioned day-care centers and child care learning centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the ~~board~~ office for the operation of licensed day-care centers and child care learning centers. Any day-care center or child care learning center operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization may voluntarily elect to apply for a license as provided for in paragraph (2) of this subsection.
(2) All child ~~welfare~~ services agencies, as defined in subsection (a) of this Code section, shall be licensed or commissioned ~~annually~~ periodically by the department in accordance with procedures, standards, rules, and regulations to be established by the board~~; provided, however, that the department may require persons who operate family day-care homes to register with the department~~. The board shall develop and publish ~~standards~~ rules and regulations for licensing or commissioning of child ~~welfare~~ services agencies. Child services agencies electing to be commissioned rather than licensed shall operate in accordance with the same procedures, standards, rules, and regulations for licensing of child services agencies. A license issued to a child-placing agency shall be deemed approval of all foster family homes approved, supervised, and used by the licensed child-placing agency as a part of its work, subject to this article and rules and regulations of the board.
(3) All early care and education programs, as defined in subsection (a) of this Code section, shall be licensed or commissioned annually by the office in accordance with procedures, standards, rules, and regulations to be established by the office; provided, however, that the office may require persons who operate family day-care homes to register with the office. The office shall develop and publish rules and regulations for licensing or commissioning of early care and education programs.
~~(3)~~(4) The ~~department~~ office shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Youth, Aging, and Human Ecology Committee and the House Health and Ecology Committee.
~~(4) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care.~~
(5) After ~~a family day-care home, group day-care home, or day-care center~~ an early care and education program has been licensed, commissioned, or registered by the ~~department~~ office as provided in this article, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that ~~standards~~ rules and regulations for food service have been incorporated in the regulations for licensing, commissioning, or registering such agencies.
(6) The ~~department~~ office shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials ~~a group day-care home or day-care center~~ an early care and education program shall use, except for programs operating Georgia´s Pre-K program or any other voluntary educational program administered by the office.
(7) Persons who operate ~~group day-care homes and day-care centers~~ early care and education programs shall be required to post in a conspicuous place next to any telephone in ~~a group day-care home or day-care center~~ such program the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services.
(7.1) Persons who operate ~~day-care centers, group day-care homes, or family day-care homes~~ early care and education programs shall post signs prohibiting smoking to carry out the purposes of paragraph (4) of subsection (a) of Code Section 16-12-2.
(8) Group day-care homes, ~~and~~ day-care centers, and child care learning centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Day-care centers and child care learning centers will be allowed to designate in writing to the ~~department~~ office two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed by paragraph (9.1) of Code Section 49-5-3, group day-care homes will be allowed to designate in writing to the ~~department~~ office two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed by paragraph (8) of Code Section 49-5-3, a family day-care home operator may care for two additional children three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply.
~~(c)~~(b)(1) The department shall assist applicants or licensees or persons holding commissions in meeting ~~standards~~ rules and regulations of the department for child services agencies and, if a licensee or person holding a commission is, for any reason, denied renewal of a license or commission or if a license or commission is revoked or if any applicant for a license or commission cannot meet department ~~standards~~ rules and regulations for child services agencies, the department shall assist in planning the placement of children, if any, in the custody of such child ~~welfare~~ services agency in some other licensed or commissioned child ~~welfare~~ services agency or assist in returning them to their own homes or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved.
(2) The office shall assist applicants or licensees or persons holding commissions in meeting rules and regulations of the office for early care and education programs.
~~(d)~~(c)(1) Application for a license or commission for a child services agency shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license or commission and upon presentation by the applicant of evidence that the child ~~welfare~~ services agency meets the ~~standards~~ rules and regulations prescribed by the department, the department shall issue such child ~~welfare~~ services agency a license or commission for a one-year period.
(2) Application for a license, commission, or registration for early care and education programs shall be made to the office upon forms furnished by the office. Upon receipt of an application for a license or commission and upon presentation by the applicant of evidence that the early care and education program meets the rules and regulations prescribed by the office, the office shall issue such early care and education program a license, commission, or registration for a one-year period.
~~(e)~~(d)(1) If the department finds that any child ~~welfare~~ services agency applicant does not meet ~~standards~~ rules and regulations prescribed by the department but is attempting to meet such ~~standards~~ rules and regulations, the department may, in its discretion, issue a temporary license or commission to such child ~~welfare~~ services agency, but such temporary license or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed ~~standards~~ rules and regulations of the department, the department may, in its discretion, reissue such temporary license or commission for one additional period not to exceed one year. As an alternative to a temporary license or commission, the department, in its discretion, may issue a restricted license or commission which states the restrictions on its face.
(2) If the office finds that any early care and education program applicant does not meet rules and regulations prescribed by the office but is attempting to meet such rules and regulations, the office may, in its discretion, issue a temporary license or commission to such early care and education program, but such temporary license or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such program is making progress toward meeting prescribed rules and regulations of the office, the office may, in its discretion, reissue such temporary license or commission for one additional period not to exceed one year. As an alternative to a temporary license or commission, the office, in its discretion, may issue a restricted license or commission which states the restrictions on its face.
~~(f)~~(e)(1) The department shall refuse a license or commission upon a showing of:
~~(1)~~(A) Noncompliance with the ~~Rules and Regulations for Day Care Centers, Family Day Care Homes, or Group Day Care Homes~~ rules and regulations for child services agencies as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to children´s health and safety;
~~(2)~~(B) Flagrant and continued operation of an unlicensed or uncommissioned facility in contravention of the law; or
~~(3)~~(C) Prior license or commission denial or revocation within one year of application.
(2) The office shall refuse a license, commission, or registration upon a showing of:
(A) Noncompliance with the rules and regulations for day-care centers, family day-care homes, group day-care homes, or child care learning centers as adopted by the office which are designated in writing to the facilities as being related to children´s health and safety;
(B) Flagrant and continued operation of an unlicensed or uncommissioned facility in contravention of the law; or
(C) Prior license, commission, or registration denial or revocation within one year of application.
~~(g)~~(f) All licensed or commissioned child welfare agencies shall prominently display the license or commission issued to such agency by the department or office at some point near the entrance of the premises of such agency that is open to view by the public.
~~(h)~~(g) The department´s or office´s action revoking or refusing to renew or issue a license, or commission, or registration required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only 30 days´ notice in writing from the commissioner´s or director´s designee shall be required prior to license or commission revocation and except that hearings held relating to such action by the department or office may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any child who will testify at that hearing.
~~(i)~~(h) ~~Child-caring institutions and child-placing~~ Child services agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care. Parents, guardians, custodians, or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care.
~~(j)~~(i) Child-placing agencies, in placing children in foster family homes, shall safeguard the welfare of such children by thoroughly investigating each such home and the character and reputation of the persons residing therein and shall adequately supervise each home during the period of care. All children placed in foster family homes shall, as far as is practicable, be placed with persons of the same religious faith as the children themselves or the children´s parents.
~~(k)~~(j)(1) It shall be the duty of the department to periodically inspect ~~at regular intervals all~~ licensed or commissioned child ~~welfare~~ services agencies within the state, including ~~all~~ foster family homes used by such child-placing agencies. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee or commissionee.
(2) It shall be the duty of the office to periodically inspect licensed, commissioned, or registered early care and education programs within the state. The office shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee or commissionee.
~~(l)~~(k)(1) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any child ~~welfare~~ services agency or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require.
(2) If any flagrant abuses, derelictions, or deficiencies are made known to the office or its duly authorized agents during their inspection of any early care and education program or if, at any time, such are reported to the office, the office shall immediately investigate such matters and take such action as conditions may require.
~~(m)~~(l) If abuses, derelictions, or deficiencies are found in the operation and management of any child welfare agency, they shall be brought immediately to the attention of the management of such agency; and if correctable, but not corrected within a reasonable time, the department or office, as applicable, shall revoke the license, or commission, or registration of such agency in the manner prescribed in this Code section.
~~(n)~~(m)(1) The department may require periodic reports from child ~~welfare~~ services agencies in such forms and at such times as the department may prescribe.
(2) The office may require periodic reports from early care and education programs in such forms and at such times as the office may prescribe.
~~(o)~~(n) Child ~~welfare~~ services agencies and other facilities and institutions wherein children and youths are detained which are operated by any department or agency of state, county, or municipal government shall not be subject to licensure under this Code section, but the department may, through its authorized agents, make periodic inspections of such agencies, facilities, and institutions. Reports of such inspections shall be made privately to the proper authorities in charge of such agencies, facilities, or institutions. The department shall cooperate with such authorities in the development of standards that will adequately protect the health and well-being of all children and youths detained in such agencies, facilities, and institutions or provided care by them. The department may recommend changes in programs and policies and if, within a reasonable time, the standards established by the department and the recommendations of the department are not met, it shall be the duty of the commissioner to make public in the community in which such agency, facility, or institution is located the report of the above-mentioned inspection and the changes recommended by the department. If any serious abuses, derelictions, or deficiencies are found and are not corrected within a reasonable time, the commissioner shall report them in writing to the Governor.
~~(p)~~(o) Any child ~~welfare~~ services agency that shall operate without a license or commission issued by the department or any early care and education program that shall operate without a license or commission issued by the office shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license or commission shall constitute a separate offense.
~~(q)~~(p) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 18 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child´s relatives without having been licensed or commissioned by the department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in or contemplating adoption proceedings. Nothing in this Code section shall be construed to prohibit an individual seeking to:
(1) Adopt a child or children from receiving or accepting a child or children in the individual´s home in anticipation of filing a petition for adoption under Chapter 8 of Title 19; or
(2) Have that individual´s child or children placed for adoption from placing that individual´s child or children in the home of an individual who is not related to the child or children in anticipation of the individual´s initiation of adoption proceedings pursuant to Chapter 8 of Title 19.
~~(r)~~(q)(1) The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of a child ~~welfare~~ services agency without a license or commission or the continued operation of a child ~~welfare~~ services agency in willful violation of this article or of any regulation of the department or in violation of any order of the board.
(2) The office may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of an early care and education program without a license or commission or the continued operation of an early care and education program in willful violation of this article, any regulation of the office, or any order of the office.
~~(s)~~(r)(1) The term 'licensed day-care center' shall include a commissioned day-care center and any references in this Code to a licensed day-care center, including criminal, administrative, and civil provisions applicable to licensed day-care centers, shall include and apply to commissioned day-care centers unless otherwise provided in this ~~Code section~~ article.
(2) The term 'licensed child welfare agency' shall include a commissioned or registered child welfare agency and any references in this Code to a licensed child welfare agency, including criminal, administrative, and civil provisions applicable to licensed child welfare agencies, shall include and apply to commissioned and registered child welfare agencies unless otherwise provided in this article."

Said chapter is further amended by adding a new Code Section 49-5-12.2, as follows:
"49-5-12.2.
(a) This Code section shall be applicable to any early care and education program which is subject to regulation by the office under Code Section 49-5-12. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the office pursuant to the provisions of this subsection.
(b) The office shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the office as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the early care and education program;
(2) Failed or refused to provide the office with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the program;
(3) Failed to comply with the licensing requirements of this state; or
(4) Failed to comply with any provisions of this Code section.
(c) When the office finds that any applicant or licensee has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the program, the office, subject to notice and opportunity for hearing, may take any of the following actions:
(1) Refuse to grant a license; provided, however, that the office may refuse to grant a license without holding a hearing prior to taking such action;
(2) Administer a public reprimand;
(3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any program which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such program;
(5) Revoke any license;
(6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any program; or
(7) Limit or restrict any license as the office deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into a program for a time certain.
In taking any of the actions enumerated in this subsection, the office shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public.
(d) The office may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of a program subject to regulation by the office within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license.
(e) With regard to any contested case instituted by the office pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the office may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section.
(f) The office shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of a program has been violated. Such investigations may be initiated at any time, in the discretion of the office, and may continue during the pendency of any action initiated by the office pursuant to subsection (c) of this Code section.
(g) For the purpose of conducting any investigation, inspection, or survey, the office shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any program.
(h) Pursuant to the investigation, inspection, and enforcement powers given to the office by this Code section and other applicable laws, the office may assess against a program reasonable and necessary expenses incurred by the office pursuant to any administrative or legal action required by the failure of the program to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney´s fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspections, or enforcement actions result in adverse findings, as finally determined by the office, pursuant to administrative or legal action.
(i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the office, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
(j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception.
(k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the office from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the office. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply.
(m) The office is authorized to promulgate rules and regulations to implement the provisions of this Code section."

49-5-80.
As used in this article, the term:
(1) 'Center' means a day-care center, group day-care home, family day-care home, or child care learning center which is required to be licensed or registered under Article 1 of this chapter.
(2) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.
(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph.
(4) 'Criminal record' means:
(A) Conviction of a crime;
(B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge;
(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or
(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or
(C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.
(5) 'Director' means the chief administrative or executive officer of a facility.
(6) 'Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation.
(7) 'Employee' means any person, other than a director, employed by a center to perform at any of the center´s facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center.
(8) 'Employment history' means a record of where a person has worked for the past ten years.
(9) 'Facility' means a center´s real property at which children are received for care.
(10) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the office based upon a records check comparison of GCIC information with fingerprints and other information in a records check application.
(11) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
(12) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30.
(13) 'License' means the document issued by the office to authorize the center to which it is issued to operate a facility under this article.
(14) 'National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the office in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints.
(15) 'Office' means Bright From The Start: Georgia´s Office of Early Care and Education.
(16) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the office.
(17) 'Preliminary records check determination' means a satisfactory or unsatisfactory determination by the office based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed.
(18) 'Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the office by rule and regulation, payable in such form as the office may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the office may require.
(19) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record.
(20) 'State fingerprint records check determination' means a satisfactory or unsatisfactory determination by the office in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application.
(21) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record.

49-5-81.
An applicant for a new license shall have 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.

49-5-82.
Accompanying any application for a new license for a facility, the applicant shall furnish to the office a records check application for the director and a satisfactory preliminary records check for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the office, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-89.5. The office may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the office a preliminary records check for each preliminary records check application submitted thereto by the office. Either the office or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks.

49-5-83.
After being furnished the required records check application under Code Section 49-5-82, the office shall notify in writing the license applicant as to each person for whom an application was received regarding whether the office´s determination as to that person´s state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicant´s facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicant´s facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 49-5-82 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-89.5. If the determination was unsatisfactory as to any employee of an applicant´s facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 49-5-89.1.

49-5-84.
The office shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the office in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau´s report, the office shall make a national fingerprint records determination.

49-5-85.
After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section 49-5-84, the office shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicant´s facility, after receiving notification of that determination, that applicant shall designate another director for such facility for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections 49-5-82 through 49-5-84 and this Code section to obtain state and national fingerprint records check determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the office. The office may revoke the license of that facility if the facility fails to comply with the requirements of this Code section and Code Section 49-5-83 to receive satisfactory state and national fingerprint determinations on the director or to comply with Code Section 49-5-83 regarding employees other than the director.

49-5-86.
No facility operated as an early care and education program or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The office shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.

49-5-87.
Each center shall be required to obtain a separate license and shall have a separate director for each center.

49-5-88.
(a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 49-5-3, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the office with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the office.
(b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emergency temporary employee may start working immediately after requesting a preliminary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the center maintains an affidavit with supporting documents in the employee´s personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work and the date that the preliminary records check was received from the local law enforcement agency. The employee´s personnel file shall be available to the office for inspection. At the end of the five-day work period or upon receipt of the results of the preliminary records check, whichever occurs first, emergency temporary employees become subject to all other requirements of this article.

49-5-89.
(a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the office of such change and of any additional information the office may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director notification, the office shall make a written determination from the information furnished with such notification and the office´s own records as to whether satisfactory or unsatisfactory preliminary or state and national fingerprint records check determinations have ever been made for the newly designated director. If the office determines that such director within 12 months prior thereto has had satisfactory state and national fingerprint records check determinations, such determinations shall be deemed to be satisfactory state and national fingerprint records check determinations as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified.
(b) If the office determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that director´s facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director.
(c) If the office determines under subsection (a) of this Code section that there have been no state and national fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the office shall so notify the center. The center shall furnish to the office the fingerprint records check application of the newly designated director after the date the notification is sent by the office or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check application is so received, unless the office has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the office shall perform a state fingerprint records check determination of the newly designated director; and the applicant and that director shall be so notified. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the office shall perform a national fingerprint records check determination for that director as provided in Code Sections 49-5-84 and 49-5-85. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the office. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the office makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply.

49-5-89.1.
(a) Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check. The center shall maintain documentation in the employee´s personnel file, which is available to the office upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. If the preliminary records check for any potential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until either such potential employee has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory preliminary or fingerprint records check determination reversed in accordance with Code Section 49-5-89.5. If either the preliminary or state or national fingerprint records determination is unsatisfactory, the center shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section.
(b) A license is subject to suspension or revocation and the office may refuse to issue a license if a director or employee does not undergo the records and fingerprint checks applicable to that director or employee and receive satisfactory determinations.
(c) After the issuance of a license, the office may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when the office has reason to believe the employee has a criminal record that renders the employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee.
(d) No center may hire any person as an employee unless there is on file in the center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 49-5-89.5.
(e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor.

49-5-89.2.
(a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the office in performing preliminary and fingerprint records checks required under this chapter and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor.
(b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this chapter, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.

49-5-89.3.
(a) Neither GCIC, the office, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article.
(b) A center, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article.

49-5-89.4.
The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.

49-5-89.5.
A determination by the office regarding preliminary or fingerprint records checks under this article, or any action by the office revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the office. It is expressly provided that upon motion from any party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction, provided that the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he or she will also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this title. If objections are made, the hearing officer will take such objections into consideration in considering the case.

49-5-89.6.
The office is authorized to provide by regulation for the administration of this article."

49-5-240.
As used in this article, the term:
(1) 'Council' means the Georgia Child Care Council created pursuant to Code Section 49-5-241.
(2) 'Director' means the director of Bright From The Start: Georgia´s Office of Early Care and Education.
~~(2)~~(3) 'Federal act' means the Child Care and Development Block Grant Act of 1990, pursuant to amendments to Chapter 8 of subtitle A of Title IV of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35).
(4) 'Lead agency' means the Department of Human Resources or any state agency designated by the Governor pursuant to the federal act and applicable regulations.
(5) 'Office' means Bright From The Start: Georgia´s Office of Early Care and Education.

49-5-241.
(a) There is created the Georgia Child Care Council which shall consist of 19 members. Thirteen of those members shall be voting members appointed by the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (10) of this subsection. The 15 voting members shall be appointed as follows:
(1) Two members shall be representatives of local or state chambers of commerce;
(2) One member shall be a representative of the licensed or commissioned for profit child care businesses in the state;
(3) One member shall be a representative of the licensed or commissioned not for profit child care businesses in the state;
(4) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the interests of children with special needs and one shall represent the interests of school age children;
(5) One member shall represent registered family day-care homes, as defined in Code Section 49-5-3;
(6) One member shall represent licensed or commissioned church or synagogue day-care centers;
(7) One member shall be an expert or have special academic or research responsibilities in early childhood development;
(8) One member shall represent a child care resource and referral agency;
(9) One member shall represent a Head Start organization; and
(10) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker of the House of Representatives.
At the expiration of the original three-year terms of office of members of the council, successors to such members shall be appointed as follows: six of the members appointed by the Governor shall serve for initial terms of one year and seven of such Governor appointed members shall serve for initial terms of three years; thereafter all members appointed by the Governor shall serve for terms of three years. Successors to those members appointed by the Speaker of the House of Representatives and the President of the Senate shall each serve for terms of three years. The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, or the designee of the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, all of whom shall be ex officio members.
(b) The ex officio members of the council shall serve while holding their state offices. ~~The original appointive members shall serve for a term which expires June 30, 1994, and their successors shall be appointed as provided in subsection (a) of this Code section.~~
(c) Vacancies in the office of any appointive member of the council shall be filled for the remainder of the unexpired term by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next regular session of the General Assembly.
(d) The Governor may remove any appointive member of the council for failure to attend meetings, neglect of duty, or incompetence.
(e) Any appointive member of the council who, during such person´s term of office, ceases to meet the qualifications for the original appointment or does not attend three or more successive meetings of the council shall forfeit such person´s membership on the council.
(f) Each member of the council shall take an oath of office before the Governor that he or she will faithfully perform the duties of office.

49-5-242.
(a) The Governor shall annually appoint a ~~chairman~~ chairperson and vice ~~chairman~~ chairperson of the council to serve for one-year terms.
(b) The council shall hold regular meetings at least once every calendar quarter and may not hold more than six regular or special meetings during any calendar year. A special meeting may be called by the ~~chairman~~ chairperson or a majority of the members of the council. The council shall meet at such times and at such designated places in the state as it may determine. In addition to the notice of meetings required under Chapter 14 of Title 50, the council shall also provide written notice to the director no later than 24 hours prior to the meeting.
(c) Nine members of the council shall constitute a quorum.
(d) The appointive members of the council shall receive the same allowances authorized for legislative members of interim legislative committees for each day of actual attendance at official meetings of the council. Ex officio members of the council shall receive no additional compensation for their services on the council but shall be reimbursed for expenses incurred by them in their performance of their duties as members of the council in the same manner as state employees are reimbursed for expenses.

49-5-243.
There shall be a director of the council who shall be both appointed and removed by the council subject to approval by the Governor. Subject to the general policy established by the council, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions of the council. The council shall be attached to the Department of Human Resources for administrative purposes only, as provided in Code Section 50-4-3. Costs incurred by the council shall be funded by moneys available under the federal act. The council shall advise and make recommendations to the director on the following:
(1) Policy matters relating to early care and education programs;
(2) Planning and coordination of child care programs at the state and local levels;
(3) Measures to improve the quality, availability, and affordability of child care in this state;
(4) Issues relating to the annual Georgia report on child care; and
(5) General policy matters relating to functions performed or services provided by the office.

49-5-244.
(a) The ~~council shall recommend measures to improve the quality, availability, and affordability of child care in this state. In addition, the council~~ lead agency shall:
(1) Provide to the office, under contract, an amount not less than the minimum percentage of the grant to the State of Georgia under the federal act, which must be expended for activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase parental choice, and activities designed to improve the quality, availability, and affordability of child care. In addition to this minimum percentage, the lead agency must also provide the amount of any additional funds, which exist on the effective date of this subsection or which may exist in the future, which are required to be spent on child care quality activities, including school-aged child care;
~~(1)~~(2) In conjunction with the office, provide ~~Provide~~ a mechanism for the planning and coordination of child care programs at the state and local levels;
(3) Recommend to the office measures to improve the quality, availability, and affordability of child care in this state;
~~(2)~~(4) In conjunction with the office, inventory ~~Inventory~~ and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care;
~~(3)~~(5) In conjunction with the office, develop ~~Develop~~ an annual Georgia child care plan which includes all identified revenue sources and, at a minimum, the requirements indicated in the federal act;
~~(4)~~(6) Hold a public hearing with sufficient time and state-wide publication of the notice of such hearing to provide the public with an opportunity to comment on the provision of child care services under the annual Georgia child care plan, as required by the federal act; ~~Develop an annual Georgia report on child care, reporting child care statistics, an evaluation of the state planning process, and~~
(7) Develop reports that meet, at a minimum, ~~meeting~~ the reporting requirements of the federal act;
~~(5) Hold at least one annual public hearing on child care needs;~~
~~(6) Serve as the state clearing-house for information on child care resources and statistics;~~
~~(7) Provide child care information to corporations and business seeking to locate in Georgia;~~
~~(8) Promote public-private sector collaboration for child care;~~
~~(9)~~(8) In conjunction with the office, recommend ~~Recommend~~ to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the ~~council~~ lead agency and office and the realization of the Georgia child care plan to promote quality, affordable, and accessible child care for Georgia´s children; and
~~(10)~~(9) Develop a plan for application and distribution, including any necessary requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act;.
~~(11) Promote consumer education to parents to help them select child care including the expansion of child care resource and referral agencies; and~~
~~(12) Monitor, review, and recommend improvements to child care licensing requirements.~~
(b) The office shall:
(1) In conjunction with the lead agency, provide a mechanism for the planning and coordination of child care programs at the state and local levels;
(2) Plan and implement activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase parental choice, activities designed to improve the quality, availability, and affordability of child care, and other activities which meet the requirements of the federal act;
(3) Recommend to the lead agency measures to improve the quality, availability, and affordability of child care in this state;
(4) In conjunction with the lead agency, inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care funds expended by the office;
(5) Develop an annual Georgia report on child care, reporting child care statistics, and, in conjunction with the lead agency, an evaluation of the state planning process related to quality initiatives;
(6) Serve as the state clearing-house for information on child care resources and statistics by working with the child care resource and referral agencies;
(7) Provide child care information to corporations and businesses seeking to locate in Georgia;
(8) Promote public-private sector collaboration for child care;
(9) Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the office and the realization of the Georgia child care plan and to promote quality, affordable, and accessible child care for Georgia´s children;
(10) Promote consumer education to parents to help them select child care, including the expansion of child care resource and referral agencies; and
(11) Develop a plan for application and distribution, including any necessary requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act."