Section 5. Programs and Protection for Children and Youth, 49-5-1 through 49-5-281.
ARTICLE 3
EMPLOYEES' RECORDS CHECKS FOR CHILD WELFARE AGENCIES
49-5-62. Records check application for director of new facility; preliminary records check for employees; retention of fingerprints.
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Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a preliminary records check for each employee of such facility that is satisfactory. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations that were satisfactory and each employee received a preliminary records check determination that was satisfactory, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received state and national fingerprint records check determinations that were satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks.
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If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention. The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.
(Code 1981, §49-5-62, enacted by Ga. L. 1984, p. 1397, § 1; Ga. L. 1985, p. 963, § 1; Ga. L. 1999, p. 539, § 2; Ga. L. 1999, p. 574, § 4; Ga. L. 2018, p. 507, § 2-14/SB 336.)
The 2018 amendment,
effective July 1, 2018, designated the existing provisions of this Code section as subsection (a); in subsection (a), in the first and second sentences deleted "satisfactory" preceding "preliminary records check", and, in the second sentence deleted "satisfactory" preceding "state and national", added "that is satisfactory" at the end of the first sentence, and, in the second sentence, inserted "that were satisfactory" and "that was satisfactory" in the middle, and inserted "that were satisfactory" near the end; and added subsection (b).
