Child, Family, or Group-Care Facility Operators Prohibited From Employing or Allowing to Reside or Be Domiciled Persons With Certain Past Criminal Violations
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Law
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Georgia Code
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Crimes and Offenses
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Offenses Against Public Health and Morals
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Obscenity and Related Offenses
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Sale or Distribution of Harmful Materials to Minors
- Child, Family, or Group-Care Facility Operators Prohibited From Employing or Allowing to Reside or Be Domiciled Persons With Certain Past Criminal Violations
- As used in this Code section the term:
- "Facility" means any child care learning center, family child care learning home, group-care facility, or similar facility at which any child who is not a member of an operator's family is received for pay for supervision and care, without transfer of legal custody, for fewer than 24 hours per day.
- "Operator" means any person who applies for or holds a permit or license to operate a facility.
- Unless otherwise authorized as provided in Code Section 20-1A-43, it shall be unlawful for any operator of a facility to knowingly have any person reside at, be domiciled at, or be employed at any such facility if such person has been convicted of or has entered a plea of guilty or nolo contendere to or has been adjudicated a delinquent for:
- A violation of Code Section 16-4-1, relating to criminal attempt, when the crime attempted is any of the crimes specified in paragraphs (2) through (10) of this subsection;
- A violation of Code Section 16-5-23.1, relating to battery, when the victim at the time of such offense was a minor;
- A violation of any provision of Chapter 6 of this title, relating to sexual offenses, when the victim at the time of such offense was a minor;
- A violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor;
- A violation of Code Section 16-5-1;
- A violation of Code Section 16-5-2, relating to voluntary manslaughter;
- A violation of Code Section 16-6-2, relating to aggravated sodomy;
- A violation of Code Section 16-6-3, relating to rape;
- A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; or
- A violation of Code Section 16-8-41, relating to armed robbery, if committed with a firearm.
- Any person violating subsection (b) of this Code section shall be guilty of a misdemeanor.
(Code 1981, §16-12-1.1, enacted by Ga. L. 1997, p. 713, § 1; Ga. L. 2013, p. 135, § 12/HB 354; Ga. L. 2013, p. 285, § 1/HB 350; Ga. L. 2014, p. 444, § 2-7/HB 271; Ga. L. 2015, p. 965, § 3/HB 401.)
Cross references. - Community Services for the Developmentally Disabled, T. 37, C. 5.
Day-Care Centers for the Developmentally Disabled, T. 37, C. 6.
Law reviews. - For article commenting on the enactment of this Code section, see 14 Ga. St. U.L. Rev. 76 (1997).
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