Georgia Code
Article 2 - Background Checks
§ 20-1A-35. Provisional Employees; Receipt of Satisfactory Determination; Revocation of License, Commission, or Permit for Violations

History. Code 1981, § 20-1A-35 , 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, § 7/HB 494.
The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: “Where there is need for a provisional employee to work at a center’s facility, such center may utilize an individual as a provisional employee only after the director reviews a preliminary records check and makes a satisfactory determination in accordance with this article. No such provisional employee shall be present in the facility while any child is present for care until such satisfactory preliminary records check determination has been made based upon GCIC information obtained from local law enforcement within the prior ten days. The board shall be authorized to define and enforce by regulations, including, but not limited to, the length of time a provisional employee may be present at a facility without a fingerprint records check determination. The department may revoke the license of a center if the center fails to comply with the requirements of this Code section and employs a person with an unsatisfactory preliminary records check determination.”
The 2018 amendment, effective July 1, 2018, rewrote subsection (a); and, in subsection (b), substituted “employee to be present at a facility” for “employee to reside at an early care and education program or be present at an early care and education program” in the middle and inserted “or to reside at a facility” near the end.

Structure Georgia Code

Georgia Code

Title 20 - Education

Chapter 1A - Early Care and Learning

Article 2 - Background Checks

§ 20-1A-30. Definitions

§ 20-1A-31. Records Check Application for Potential Employees; Comprehensive Records Check Determination

§ 20-1A-32. Program License or Commission Applicants; Comprehensive Records Check Requirements; Change of Ownership

§ 20-1A-33. Notification to Applicant on Comprehensive Records Check

§ 20-1A-34. Check of Fingerprints on National Level; Satisfactory Determination Prior to Employment; Additional Records Checks; Retention of Fingerprints

§ 20-1A-35. Provisional Employees; Receipt of Satisfactory Determination; Revocation of License, Commission, or Permit for Violations

§ 20-1A-36. Certain Offenders Prohibited as Employees of Facilities

§ 20-1A-37. Director or Employee Residing in Family Child Care Learning Home or at Certain Programs; Comprehensive Records Check Requirements

§ 20-1A-38. Change of Directors; Records Check Requirements

§ 20-1A-39. Potential Employees; Current Employees and Directors; Comprehensive Records Check Requirements; Satisfactory Determination; Liability for Hiring Ineligible Employee

§ 20-1A-40. Cooperation With Gcic and Other Law Enforcement Agencies; Fees; Penalty for Misuse of Information

§ 20-1A-41. Liability for Information or Determinations Made Based Upon Records Check

§ 20-1A-42. Construction With Article 1

§ 20-1A-43. Contested Case Procedure Following Rejection or Other Suspension of License or Application

§ 20-1A-44. Regulatory Authority

§ 20-1A-45. Valid Period for Records Check for Separated Employees