Fingerprint Background Check
Effective January 1, 2014 Georgia passed new regulations and legislation that require new employees working in licensed child care settings to undergo federal fingerprint background checks in order to work with children. Existing employees that remain at the same program are "grandfathered" in until January 1, 2017 at which time they must have submitted to DECAL their fingerprint checks for determination.
There have been many questions about "who" is an employee in the eyes of DECAL. Please review this chart by DECAL for clarification.
Definition of an Employee
An employee can be hired utilizing a "provisional employee" status which means that they have a satisfactory state criminal record check that was run within 10 days of hire. The provisional employee will then have 21 days to "submit" to DECAL their fingerprint check and wait for DECAL to return the determination results to both the employee and the employer. If a program uses a state check, they must make a determination of those results. They must be run with a purpose code " w", works with children. To make a determination, the owner/director should sign and date the results and write on it that they can or cannot work. Some crimes that are returned on state results are permissible to still work with children, such as a DUI or shoplifting under $100. It is up to each employer to make this determination. Contact your consultant with specific questions.
Tips on How to Read a Preliminary Record Check
The GCCA has a very fast, email back criminal records service for $10 each for members.
The fingerprint record check determination is portable for one year from the time it is run so if your employee leaves your center, they may use it at another center. You may employ someone with a satisfactory determination run within the past year. Each business will decide how they will implement the fees for executing the new fingerprint requirement. The legislation does not dictate that the employer pays.
For a step by step guide by DECAL
Update on Multifunction Activity Buses: Note from Commissioner Cagle on July 10, 2012
Good afternoon. I have received questions from each of you regarding MFSAB and use of child safety restraints. As promised, our department has been reviewing the requirements. This is a relatively complex issue involving federal and state law, regulation, and policy.
Because some questions still remain after my legal staff completed their review, I have requested a review and opinion from the Attorney General's Office. We have been informed that this will take approximately 2 weeks to complete. During the interim period, I have instructed consultants that we are not to cite violations in the areas in question. Instead, I have asked that they discuss concerns with providers, inform them that a decision in this matter is pending, document that questions regarding compliance exist, and then revisit them following receipt of the AG's opinion.
Please let me know if you have any questions.