Program License or Commission Applicants; Comprehensive Records Check Requirements; Change of Ownership

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  2. Georgia Code
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  4. Early Care and Learning
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  6. Program License or Commission Applicants; Comprehensive Records Check Requirements; Change of Ownership

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  1. Accompanying any application for a new license or commission for an early care and education program, the applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the license applicant may submit evidence, satisfactory to the department, that such individual received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any director or employee whose comprehensive records check revealed a criminal record of any kind has either subsequently received 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. Either the department or the appropriate agencies may charge reasonable and additional processing fees for providing information pursuant to a records check application as required by statute, regulation, or policy or by GCIC.
  2. Each change of ownership applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the change of ownership applicant may submit evidence that the director and each employee at that facility received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 60 months old, notwithstanding Code Section 20-1A-45, or that any director or employee whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received 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. Failure to comply with this provision shall prevent the department from issuing a license or commission.
  3. Any change of ownership applicant that operates under a permit granted by the department shall verify and maintain evidence sufficient to the department that each employee and director who was employed under the former ownership and will continue to work during the permit period has a satisfactory records check determination. If the department determines a change of ownership applicant knows or should reasonably know that any such individual has a criminal record and allows the individual to reside at an early care and education program or be present at an early care and education program while children are present for care, the department shall revoke the permit to operate and deny the license or commission for that early care and education program. Notwithstanding the requirements of this subsection, all requirements for new and provisional employees hired after the issuance of a permit shall apply.
  4. The time frames set forth in this Code section shall not apply 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.

(Code 1981, §20-1A-32, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-2/SB 336; Ga. L. 2018, p. 1101, § 4/HB 494.)

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "Effective January 1, 2014, accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director or employee received a satisfactory fingerprint records check determination, or that any director or employee whose fingerprint records check revealed a criminal record of any kind has either subsequently received a satisfactory fingerprint records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. Either the department or the appropriate law enforcement agencies may charge reasonable and additional processing fees for performing fingerprint records checks as required by statute, regulation, or policy or by GCIC."

The 2018 amendments. The first 2018 amendment, effective July 1, 2018, added subsection (d). The second 2018 amendment, effective July 1, 2018, substituted "comprehensive" for "fingerprint" throughout this Code section; in subsection (a), inserted ", notwithstanding Code Section 20-1A-45" twice in the second sentence, and, in the last sentence, deleted "law enforcement" preceding "agencies" and substituted "providing information pursuant to a records check application" for "performing fingerprint records checks" near the end; and, in the second sentence of subsection (b), inserted ", notwithstanding Code Section 20-1A-45" twice, and inserted "determination" near the end.

Law reviews.

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 119 (2018).


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