Exchange of National Criminal History Background Checks on Providers of Care to Children, the Elderly, and Persons With Disabilities

  1. Law
  2. Georgia Code
  3. Law Enforcement Officers and Agencies
  4. Georgia Bureau of Investigation
  5. Georgia Crime Information Center
  6. Exchange of National Criminal History Background Checks on Providers of Care to Children, the Elderly, and Persons With Disabilities

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  1. It is the purpose of this Code section to authorize and facilitate, but not require, the exchange of national criminal history background checks with authorized agencies on behalf of qualified entities as authorized under federal law.
  2. As used in this Code section, the term:
    1. "Authorized agency" means any local government agency designated to report, receive, or disseminate information under the NCPA and the VCA.
    2. "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
    3. "FBI" means the Federal Bureau of Investigation.
    4. "National criminal history background check" means a fingerprint based check of state and national criminal history files based on submission of a set of classifiable fingerprints and records fee.
    5. "NCPA" means the National Child Protection Act of 1993, 42 U.S.C. Sections 3759, 5101 note, 5119, and 5119a through 5119c.
    6. "ORI" means an originating agency identifier.
    7. "Provider" means:
      1. A person who:
        1. Is employed by or volunteers with a qualified entity;
        2. Owns or operates a qualified entity; or
        3. Has or may have unsupervised access to a person to whom the qualified entity provides care; and
      2. A person who:
        1. Seeks to be employed by or volunteer with a qualified entity;
        2. Seeks to own or operate a qualified entity; or
        3. Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care.
    8. "Qualified entity" means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
    9. "VCA" means the Volunteers for Children Act, 42 U.S.C. Sections 5101 note, 5119a, and 5119b.
  3. An authorized agency is responsible for the designation of qualified entities within its local jurisdiction and for the submission of national criminal history background checks as authorized under the NCPA and the VCA.
  4. An authorized agency, other than a criminal justice agency as defined in Code Section 35-3-30, must request an ORI from the FBI for the express purpose of submitting national criminal history background checks under this Code section. Requests shall be made in writing to the FBI through the center.
  5. National criminal history background checks shall be submitted directly to the center for a state records check; fingerprint cards shall then be forwarded to the FBI for a national check. The responses from both the state and national criminal history background checks shall be returned to the authorized agency.
  6. The authorized agency may provide directly to the qualified entity the state criminal history record provided as part of the national criminal history background check.
  7. An authorized agency shall be responsible for review of the national criminal history record provided as part of the national criminal history background check to determine whether the provider has been convicted of or is under indictment for a crime that bears upon the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities and to convey that determination to the qualified entity.
  8. The qualified entity must obtain the fingerprints of the provider, communicate the fitness determination of the authorized agency to the provider, and notify the provider of his or her right to challenge the accuracy and completeness of any information contained in the national criminal history background check.
  9. Fees charged for a national criminal history background check shall be determined based on reasonable costs as allowed under federal law.
  10. The provisions of this Code section shall be supplementary to and not in place of any other law of this state which authorizes or requires background checks.
  11. Any person, authorized agency, or qualified entity, or any person who is an employee of an authorized agency or qualified entity, shall not disseminate any criminal history or any information concerning any criminal history except the determination of fitness which such person obtains pursuant to this Code section.

(Code 1981, §35-3-34.2, enacted by Ga. L. 2005, p. 1196, § 1/SB 6.)

Code Commission notes.

- The enactment of Code Section35-3-35.1 by Ga. L. 2005, p. 980, § 1, irreconcilably conflicted with and was treated as superseded by the enactment of Code Section35-3-34.2 by Ga. L. 2005, p. 1196, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Pursuant to Code Section 28-9-5, in 2005, in paragraph (b)(5), the quotation marks were deleted from "National Child Protection Act of 1993," and "5119, and 5119a through 5119c" was substituted for "5119, 5119(a) to 5119(c)"; and, in paragraph (b)(9), the quotation marks were deleted from "Volunteers for Children Act," and "5119a, and 5119b" was substituted for "5119(a) and 5119(b)".


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