HB 433: Human Services, Department of; authorized to access restricted and sealed information to conduct employee oversight in certain circumstances; provide

Under current Georgia law, criminal history records that have been 'restricted' or sealed are normally off limits except to courts, police, and certain criminal justice agencies checking employment for their own purposes. This bill amends Georgia's Crime Information Center law (O.C.G.A. § 35-3-37) to add the Department of Human Services (DHS) to the short list of entities allowed to see that restricted information. Specifically, DHS could access restricted or sealed records to conduct regulatory oversight of programs it licenses under Title 49, to verify eligibility of prospective or existing foster parents and other adults living in foster homes, and to check eligibility of current or prospective employees and contractors. The bill also updates the legal definition of 'restrict' and 'restricted' to reflect this new access. It repeals any conflicting laws. Although the House and Senate passed the bill, it was vetoed by the Governor on May 14, 2025, so it has not become law.

• Adds the Department of Human Services to the list of entities allowed to view restricted or sealed criminal history records under Georgia's Crime Information Center law (O.C.G.A. § 35-3-37).
• Allows DHS to use that restricted information to conduct regulatory oversight of programs and providers it licenses under Title 49 of Georgia law.
• Allows DHS to use restricted records to verify eligibility of prospective and existing foster parents and other adults living in a foster home.
• Allows DHS to use restricted records to check eligibility of current and prospective DHS employees and contractors.
• Updates the statutory definition of 'restrict,' 'restricted,' and 'restriction' to reflect this new DHS access pathway.
• Repeals any existing Georgia laws that conflict with these changes.

The Department of Human Services and its employees and contractors, prospective and current foster parents and other adults in foster homes, providers and programs DHS regulates under Title 49, and individuals whose criminal history records have been restricted or sealed under Georgia law.

If enacted, DHS could screen job applicants, foster parents, and regulated providers using criminal history information that is otherwise sealed from most agencies, potentially affecting who is approved to work for DHS, foster children, or run DHS-licensed programs. Because the Governor vetoed the bill, this expanded access has not taken effect.

• Section 1 revises paragraph (a)(6) of O.C.G.A. § 35-3-37 to add the Department of Human Services as a party that can receive restricted criminal history information under new subparagraph (v)(1)(G).
• Section 1 adds new subparagraph (v)(1)(G) authorizing DHS access for regulatory oversight under Articles 1 and 3 of Chapter 5 of Title 49 and Article 1 of Chapter 2 of Title 49.
• New subparagraph (v)(1)(G) also authorizes DHS to verify eligibility of prospective or existing foster parents and adults living in their homes under Article 1 of Chapter 2 of Title 49.
• New subparagraph (v)(1)(G) also authorizes DHS to verify eligibility of prospective and existing employees and contractors under Article 1 of Chapter 2 of Title 49.
• Section 2 repeals all laws and parts of laws in conflict with the Act.
• The bill passed the House and Senate but was vetoed by the Governor on May 14, 2025.

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

• Mandi Ballinger (R, HD-023)Patrocinador principal
• 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. AprobadaVotación: Cámara de Representantes6 de marzo de 2025

   177 a favor, 0 en contra (1 sin votar, 2 ausentes)

   Passage: House Vote #232

2. AprobadaVotación: Senado28 de marzo de 2025

   43 a favor, 7 en contra (0 sin votar, 6 ausentes)

   Passage: Senate Vote #330

• criminal record access
• foster care
• Department of Human Services
• employee background checks
• government oversight