05 LC 33
0685-ERS/AP
House
Bill 180 (AS PASSED HOUSE AND SENATE)
By:
Representatives Manning of the
32nd,
Benton of the
31st,
Byrd of the
20th,
Talton of the
145th,
and Benfield of the
85th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating
to the Department of Human Resources, so as to permit the department to obtain
criminal history information from adult persons who reside in a home where a
child in the custody of the department has been or may be placed or who provide
care to a child who is the subject of a child protective services referral,
complaint, or investigation; to permit the department to obtain criminal history
information based on a name only for a child to be placed under exigent
circumstances; to provide for the establishment of a uniform method of obtaining
criminal history information; to permit the department to obtain criminal
history information based on a name only from the Georgia Crime Information
Center; to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 49 of the Official Code of Georgia Annotated, relating to the
Department of Human Resources, is amended by striking subsection (b) of Code
Section 49-2-14, relating to record search for conviction data on prospective
employees, and inserting in its place the following:
"(b)
The department may receive from any law enforcement agency conviction data that
is relevant to a person whom the department, its contractors, or a district or
county health agency is considering as a final selectee for employment in a
position the duties of which involve direct care, treatment, custodial
responsibilities, or any combination thereof for its clients. The department
may also receive conviction data which is relevant to a person whom the
department, its contractors, or a district or county health agency is
considering as a final selectee for employment in a position if, in the judgment
of the employer, a final employment decision regarding the selectee can only be
made by a review of conviction data in relation to the particular duties of the
position and the security and safety of clients, the general public, or other
employees. Further, the department or any licensed child-placing agency,
designated by the department to assist it in preparing studies of homes in which
children in its custody may be placed, may receive from any law enforcement
agency conviction data that is relevant to any adult person who resides in a
home where children in the custody of the department may be placed.
In
addition, the department may receive from any law enforcement agency conviction
data that is relevant to any adult person who the department has reason to
believe has contact with a child who is the subject of a child protective
services referral, complaint, or
investigation."
SECTION
2.
Said
Code section is further amended by adding at the end thereof new subsections (g)
and (h) to read as follows:
"(g)
The department may receive from any law enforcement agency criminal history
information, including arrest and conviction data, and any and all other
information which it may be provided pursuant to state or federal law which is
relevant to any adult person who resides in a home where children in the custody
of the department have been or may be placed or which is relevant to any adult
person who resides in the home of or provides care to a child who is the subject
of a child protective services referral, complaint, or investigation to the
fullest extent permissible by federal and state law, including but not limited
to Public Law 92-544. The department shall establish a uniform method of
obtaining criminal history information under this subsection. Such method shall
require the submission to the Georgia Crime Information Center of two complete
sets of fingerprint cards together with any required records search fee. Upon
receipt thereof, the Georgia Crime Information Center shall promptly transmit
one set of the fingerprints submitted by the department to the Federal Bureau of
Investigation for a search of bureau records and an appropriate report and shall
retain the other set and promptly conduct a search of its own records and
records to which it has access. Such method shall also permit the submission of
the names of such adult persons, alone, to the proper law enforcement agency
when the department is considering placement of a child in exigent circumstances
for a name based check of such adult
persońs
criminal history information as maintained by the Georgia Crime Information
Center and the Federal Bureau of Investigation. In such exigent circumstances,
the department shall submit two complete sets of fingerprint cards of those
adult persons in the placement home, together with any required records search
fee, to the Federal Bureau of Investigation within 15 calendar days of the date
of the name based check on that person. Fingerprint cards shall be forwarded to
the Federal Bureau of Investigation through the Georgia Crime Information
Center. Following the submission of such fingerprint cards, the department may
receive the criminal history information, including arrest and conviction data,
relevant to such person. In the event that a child has been placed in exigent
circumstances, a name based records search has been requested for any adult
person of the placement household, and that adult refuses to provide
fingerprints after being requested to do so by the department, the child shall
be immediately removed from the placement household by the department, provided
that the child is in the custody of the department.
(h)
Further, the department shall be authorized to conduct a name/descriptor based
check of any adult
persońs
criminal history information, including arrest and conviction data, and other
information from the Georgia Crime Information Center regarding any adult person
who resides in a home where children in the custody of the department have been
or may be placed or which is relevant to any adult person who resides in the
home of or provides care to a child who is the subject of a child protective
services referral, complaint, or investigation without the consent of such adult
person and without fingerprint comparison to the fullest extent permissible by
federal and state
law."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.