General
Q. What is a criminal records check?
A. A criminal records check, as it relates to residential child care facility is a search of the Georgia Crime Information Center (GCIC) database done by either the Department of Human Services (DHS), Office of Inspector General (OIG) or the local law enforcement agency (police department) as required.
A preliminary records check is done by inquiry of the GCIC database without fingerprints, based on name, social security number, date of birth, etc. A fingerprint criminal records check is done using the fingerprints of the individual by the Georgia Bureau of Investigation (GBI) and the Federal Bureau of Investigation (FBI) in response to a request by ORCC.
Q. Who has to have a criminal records check done?
A. The director or onsite manager of the residential child care facility and foster parents used by licensed child-placing agencies.
Q. What kind of criminal records checks are required?
A. Directors or on-site managers of licensed or registered child care facilities or homes must have the state fingerprint records check and the FBI fingerprint records check done through OIG. A director or on-site manager may not work until the satisfactory state fingerprint records check determination is received from OIG.
Foster parents used by licensed child placing agencies must have a preliminary records check done either by OIG or by local law enforcement (police department) if being hired on an emergency basis. The results of this preliminary records check must be received and determined to be satisfactory for the person to be permitted to work on an ongoing basis in a residential child care facility. Foster parents used by licensed child placing agencies must also have their fingerprints checked.
Q. When a facility wants to hire an employee on an emergency basis and obtains a state GCIC records check through a local law enforcement agency, who is responsible for determining whether the potential employee has a criminal record?
A. It is the responsibility of the director or owner of the residential child care facility, or designee (e.g. director or manager) to review the GCIC record obtained from local law enforcement and determine whether the potential employee has a criminal record under the child care licensing laws.
If the potential employee has a record on one of the “covered crimes” for child care facilities, the person may not live or work in a residential child care facility where the person will have contact with the children until it is determined that the charge has been dismissed or a hearing has been held and the person is permitted to work despite having the criminal record.
Q. How long is a Satisfactory Criminal Records Determination good for?
A. It depends. Generally, a satisfactory criminal records check is good for 12 months. So, if you move to another employer within the 12 months, you normally would not have to have your criminal records check completed again.
You should have a copy of your satisfactory letter for the new employer. If you stay with the same employer the whole time, you normally do not have to get another criminal records check done, unless requested because of a questioned identity or an abuse investigation, etc.