20-1A-34. Check of fingerprints on national level; satisfactory determination prior to employment; additional records checks; retention of fingerprints.

The department shall receive an application for a comprehensive records check determination, as may be required by the department and allowed under federal law, for any current or potential director, employee, or other individual affiliated with any program that receives, either directly or indirectly, federal funds through the department for the care of children, including, but not limited to, early care and education programs and Head Start programs. Upon receipt of such application, the department shall comply with all rules of GCIC and the Federal Bureau of Investigation for the request and receipt of fingerprint based criminal history reports. Such directors, employees, and other affiliated individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC in order to determine the applicant’s suitability for child care employment. If no criminal history record is identified at the state level, the applicant’s fingerprints shall be forwarded by Georgia Bureau of Investigation to the Federal Bureau of Investigation for a national criminal history check. The Georgia Bureau of Investigation shall forward the results of the state and Federal Bureau of Investigation checks to the department. Upon receipt of such results from the Georgia Bureau of Investigation, the department shall determine the applicant’s suitability for child care employment. If the fingerprint records check determination is unsatisfactory for a director, employee, or other affiliated individual, the department shall notify the provider and the director, employee, or other affiliated individual of such determination in writing, and no such director, employee, or other affiliated individual shall be allowed to be present at the facility when any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall cease to issue funds, either directly or indirectly, to any director, employee, or other affiliated individual or program that willfully and continually fails to comply with the requirements of this Code section.#

Every potential employee of the department or contractor performing duties on behalf of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a comprehensive records check determination that is satisfactory or have had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45, prior to being present at a licensed or commissioned early care and education program while children are present for care. Every current employee of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a comprehensive records check determination that is satisfactory or have had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. Every employee of the department shall undergo additional comprehensive records check determinations such that the time between such additional comprehensive records check determinations and that employee’s previous comprehensive records check determination shall not exceed five years except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, notwithstanding Code Section 20-1A-45. The department shall maintain documentation in the appropriate personnel file indicating that such person has obtained such current comprehensive records check determination that is satisfactory or has had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45.#

If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention.#