HB433: HB433 Human Services, Department of; authorized to access restricted and sealed information to conduct employee oversight in certain circumstances; provide

Georgia law normally limits access to 'restricted' criminal history records, information the Georgia Crime Information Center keeps available only to courts and criminal justice agencies, not to most government or licensing agencies. This bill would carve out a new exception for the Department of Human Services. It amends O.C.G.A. § 35-3-37 so the department can view restricted and sealed records in three specific situations: to conduct regulatory oversight of programs it licenses under Titles 49, to verify whether a prospective or current foster parent (or another adult living in that home) is eligible, and to check the eligibility of prospective or current employees and contractors. The bill does not change any other rules on who can see restricted records. Although it passed both the House and Senate, the Governor vetoed it on May 14, 2025, so it has not become law.

• Adds the Department of Human Services to the short list of entities that can see restricted criminal history records under Georgia's Crime Information Center law (O.C.G.A. § 35-3-37).
• Allows the department to use restricted or sealed records to conduct regulatory oversight of programs it licenses under Title 49.
• Allows the department to use these records to verify eligibility of prospective or existing foster parents and other adults living in a foster home.
• Allows the department to use these records to verify eligibility of prospective or existing employees and contractors.
• Updates the definition of 'restricted' criminal history information to reflect this new access for the department.

The Department of Human Services, its current and prospective employees and contractors, people applying to become foster parents or already serving as foster parents, other adults living in foster homes, and organizations or programs the department licenses or regulates under Title 49.

If enacted, the department could see criminal history details that are normally hidden from most agencies, potentially affecting hiring decisions, foster parent approvals, and oversight of licensed programs. Because the Governor vetoed the bill, these expanded access rules do not currently apply in Georgia.

• Section 1 revises paragraph (6) of subsection (a) of O.C.G.A. § 35-3-37 to add the Department of Human Services as a permitted recipient of restricted criminal history information under new subparagraph (v)(1)(G).
• New subparagraph (v)(1)(G) authorizes the department to access restricted or sealed records for regulatory oversight under Articles 1 and 3 of Chapter 5 of Title 49 and Article 1 of Chapter 2 of Title 49.
• The same subparagraph authorizes access to verify eligibility of prospective or existing foster parents and other adults in the foster home, under Article 1 of Chapter 2 of Title 49.
• It also authorizes access to verify eligibility of prospective and existing employees and contractors under Article 1 of Chapter 2 of Title 49.
• Section 2 repeals any conflicting laws.
• The bill passed the House and Senate but was vetoed by the Governor as of May 14, 2025, so it has not taken effect.

1. 2025-05-14Veto V3
2. 2025-05-14House Date Vetoed by Governor (House)
3. 2025-04-07House Sent to Governor (House)
4. 2025-03-28Senate Passed/Adopted (Senate)
5. 2025-03-28Senate Third Read (Senate)
6. 2025-03-21Senate Read Second Time (Senate)
7. 2025-03-20Senate Committee Favorably Reported (Senate)
8. 2025-03-10Senate Read and Referred (Senate)

• Mandi Ballinger (R, HD-023)Primary sponsor
• Beth Camp (R, HD-135)
• Carmen Rice (R, HD-139)
• Angie O'Steen (R, HD-169)
• Karen Mathiak (R, HD-082)
• Kimberly New (R, HD-040)
• Kay Kirkpatrick (R, SD-032)

1. PassedHouse voteMarch 6, 2025

   177 yea, 0 nay (1 not voting, 2 absent)

   Passage: House Vote #232

2. PassedSenate voteMarch 28, 2025

   43 yea, 7 nay (0 not voting, 6 absent)

   Passage: Senate Vote #330

• foster care
• criminal background checks
• state employee screening
• Department of Human Services
• Georgia Crime Information Center