05 LC 33
0607ER
House
Bill 180
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 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 fingerprints 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 will submit two complete sets of fingerprint cards of those adult
persons in the placement home, together with any required records search fee, to
the Georgia Crime Information Center within 15 calendar days of the date of the
name based check on that person; and the Georgia Crime Information Center shall
transmit one set of fingerprint cards to the Federal Bureau of Investigation and
retain the other set and promptly conduct a search of its own records and
records to which it has access in the manner set out above in this subsection.
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 will be immediately removed from the
placement household by the department, provided that the child is in the custody
of the department. The Georgia Crime Information Center shall notify the
department in writing of any derogatory finding, including but not limited to
any criminal history information or any other derogatory information regarding
the name searched, exigent circumstances, or the fingerprint cards or if there
is no such finding.
(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 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.