Georgia Code
Article 2 - Background Checks
§ 20-1A-37. Director or Employee Residing in Family Child Care Learning Home or at Certain Programs; Comprehensive Records Check Requirements

Notwithstanding any other provision of this article, a director or employee who resides in a family child care learning home, as defined by Code Section 20-1A-2, or at any program as determined by the department and allowed under federal law to receive, either directly or indirectly, federal funds through the department for the care of children shall be required to provide a records check application to the department. Upon receipt of such records check application, the department shall comply with all the rules and regulations promulgated by GCIC and the Federal Bureau of Investigation for the request and receipt of national fingerprint based criminal history reports. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC and appropriate agencies. If the comprehensive records check determination is unsatisfactory, the department shall notify the provider and the employee of such determination in writing, and no such individual shall be allowed to be present at the facility when 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, commission, or permit of a family child care learning home if the family child care learning home fails to comply with the requirements of this Code section.
History. Code 1981, § 20-1A-37 , 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, § 9/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.
The 2015 amendment, effective January 1, 2016, substituted “child care learning home, as defined by Code Section 20-1A-2, or at any program as determined by the department and allowed under federal law to receive, either directly or indirectly, federal funds through the department for the care of children” for “day-care home, as defined by Code Section 20-1A-2” in the first sentence; added the second and third sentences; substituted “individual shall be allowed to reside at the location or be present at the location” for “employee shall be allowed to reside at the day-care home or be present at the day-care home” in the fourth sentence; and added the last sentence.
The 2018 amendment, effective July 1, 2018, in the first sentence, substituted “a director or employee” for “an individual” near the beginning and deleted “fingerprint” preceding “records check” near the end; added “and appropriate agencies” at the end of the third sentence; and, in the fourth sentence, substituted “comprehensive” for “fingerprint” twice, inserted a comma following “determination in writing” near the middle, substituted “be present at the facility” for “reside at the location or be present at the location”, inserted “or to reside in the facility” in the middle, and added “, notwithstanding Code Section 20-1A-45” at the end.
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, deleted “the” preceding “GCIC” in the second and third sentences.

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