Georgia Code
Article 2 - Background Checks
§ 20-1A-33. Notification to Applicant on Comprehensive Records Check

After being furnished the required records check application under Code Section 20-1A-32, the department shall notify the license, commission, or change of ownership applicant and the records check applicant in writing whether the department’s determination as to a potential director or potential employee is satisfactory or unsatisfactory. If the comprehensive records check determination was satisfactory as to the potential director and each potential employee of a license applicant’s facility, that applicant may be issued a license or commission for that facility if the applicant otherwise qualifies for a license or commission under Article 1 of this chapter. If the comprehensive records check determination for a potential director or any potential employee revealed a criminal record, such potential director or potential employee shall not be allowed to be present at the facility while 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 revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section.
History. Code 1981, § 20-1A-33 , 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. 1101, § 5/HB 494.
The 2015 amendment, effective January 1, 2016, inserted “potential” throughout this Code section; inserted “, commission, or change of ownership” in the first sentence; inserted “or commission” in the second sentence; substituted “reside at an early care and education program or be present in the early care and education program while any child is present for care” for “work in the center while any child is present” in the third sentence; and substituted “or commission of an early care and education program if the early care and education program” for “of a center if the center” in the last sentence.
The 2018 amendment, effective July 1, 2018, substituted “comprehensive” for “fingerprint” three times; deleted “fingerprint” preceding “records check” in the first sentence; and, in the third sentence, inserted “determination” near the beginning, substituted “be present at the facility” for “reside at an early care and education program or be present in the early care and education program” in the middle, inserted “or to reside in the facility”, and added “, notwithstanding Code Section 20-1A-45” at the end.

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