Georgia Code
Article 2 - Background Checks
§ 20-1A-36. Certain Offenders Prohibited as Employees of Facilities

No licensed, commissioned, or permitted facility operated as an early care and education program or similar facility or any operator of such a facility shall allow any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 to be present at a facility while children are present for care or allow any such person to reside in or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.
History. Code 1981, § 20-1A-36 , 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, § 8/HB 494.
The 2015 amendment, effective January 1, 2016, in the first sentence, inserted “licensed, commissioned, or permitted” at the beginning, substituted “allow” for “employ” near the beginning, and inserted “to reside in an early care and education program or be present at an early care and education program while children are present for care” near the middle.
The 2018 amendment, effective July 1, 2018, in the first sentence, substituted “be present at a facility” for “reside in an early care and education program or be present at an early care and education program” and substituted “reside in” for “reside at”.

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