As used in this article, the term:
(5.1) “Emergency temporary employee” means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation.
(14.1) “National fingerprint records check determination” means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints.
(18.1) “State fingerprint records check determination” means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application.
History. Code 1981, § 49-5-60 , enacted by Ga. L. 1984, p. 1397, § 1; Ga. L. 1985, p. 963, § 1; Ga. L. 1986, p. 822, § 2; Ga. L. 1987, p. 1416, § 1; Ga. L. 1988, p. 1605, § 1; Ga. L. 1992, p. 6, § 49; Ga. L. 1993, p. 757, § 1; Ga. L. 1999, p. 539, § 1; Ga. L. 1999, p. 574, § 3; Ga. L. 2004, p. 333, § 2; Ga. L. 2004, p. 645, § 10; Ga. L. 2009, p. 453, § 2-23/HB 228; Ga. L. 2013, p. 141, § 49/HB 79; Ga. L. 2013, p. 294, § 4-57/HB 242.
The 2013 amendments. —
The first 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (3). See editor’s note for extent of application. The second 2013 amendment, effective January 1, 2014, in paragraph (3), deleted “, relating to simple battery,” following “Code Section 16-5-23”, deleted “, relating to contributing to the delinquency of a minor” following “Code Section 16-12-1”, deleted “, relating to sexual offenses” following “Title 16”, and deleted “, relating to criminal attempt” following “Code Section 16-4-1”. See editor’s note for applicability.
Editor’s notes.
Ga. L. 2013, p. 141, § 54(f)/HB79, not codified by the General Assembly, provides that: “In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2013 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to paragraph (3) of this Code section by Ga. L. 2013, p. 141, § 49(6)/HB 79 will not be given effect in this Code section effective January 1, 2014.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Law reviews.
For note on 1999 amendments to Code sections in this article, see 16 Ga. St. U.L. Rev. 227 (1999).
Structure Georgia Code
Chapter 5 - Programs and Protection for Children and Youth
Article 3 - Employees’ Records Checks for Child Welfare Agencies
§ 49-5-61. Requirement of Separate License and Separate Director for Each New Facility
§ 49-5-63. Notice of Determination; Issuance of License; Effect of Unsatisfactory Determination
§ 49-5-64. Fingerprint Records Check; Retention
§ 49-5-65. Determination on the Basis of Fingerprint Records Check; Revocation of License
§ 49-5-66. Separate License and Center
§ 49-5-71. Immunity From Liability for Centers, State Agencies, and Employees