Compilation of Rules and Regulations of the State of Georgia
Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES
Chapter 290-2 - FAMILY AND CHILDREN SERVICES
Subject 290-2-29 - RULES AND REGULATIONS FOR MATERNITY HOMES
Rule 290-2-29-.14 - Criminal History Background Checks

Universal Citation: GA Rules and Regs r 290-2-29-.14

Current through Rules and Regulations filed through September 23, 2024

(1) Criminal History Background Checks for Owners Required. Prior to approving any license for a new maternity home, the Department shall require an owner to submit a records check application so as to permit the Department to obtain criminal history background information on the owner.

(a) An owner may not be required to submit a records check application if it is determined that the owner does not do at least one (1) of the following:
1. Maintains an office at the location where services are provided to residents;

2. Resides at a location where services are provided to residents;

3. Has direct access to residents receiving care; or

4. Provides direct personal supervision of personnel by being immediately available to provide assistance and direction during the time services are being provided.

(b) In lieu of a records check application, an owner may submit evidence, satisfactory to the Department, that within the immediately preceding 12 months the owner has received a satisfactory criminal history background check determination.

(c) A maternity home license shall not be issued, and any license issued shall be revoked where it has been determined that the owner has a criminal record involving any of the following covered crimes, as outlined in O.C.G.A. Sec. 49-2-14.1et seq.:
1. A violation of Code Section 16-5-1, relating to murder and felony murder;

2. A violation of Code Section 16-5-21, relating to aggravated assault;

3. A violation of Code Section 16-5-24, relating to aggravated battery;

4. A violation of Code Section 16-5-70, relating to cruelty to children;

5. A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older;

6. A violation of Code Section 16-6-1, relating to rape;

7. A violation of Code Section 16-6-2, relating to aggravated sodomy;

8. A violation of Code Section 16-6-4, relating to child molestation;

9. A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes;

10. A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other homes;

11. A violation of Code Section 16-6-22.2, relating to aggravated sexual battery;

12. A violation of Code Section 16-8-41, relating to armed robbery;

13. A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or

14. Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere.

(d) An owner with a valid maternity home license issued on or before the effective date of these rules shall be required to obtain a criminal records check determination.

(e) An owner with a valid maternity home license on or before the effective date of these rules who is determined to have a criminal record shall not have the license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(f) An owner with a valid maternity home license who acquires a criminal record subsequent to the effective date of these rules shall disclose the criminal record to the Department.

(g) If at any time the Department has reason to believe an owner holding a valid maternity home license has a criminal record, the Department shall require the owner to submit a records check application immediately for determination of whether a revocation action is necessary. Prior to the revocation of the license becoming final, the owner is entitled to an administrative hearing unless the owner has not begun providing services under the license. Where services are not currently being provided under the license, the decision of the administrative hearing officer must precede the initiation of services.

(h) Owners of a licensed maternity home shall submit a records check application no less than every five (5) years from the date of receipt of the initial satisfactory criminal history background check determination and either receive a subsequent satisfactory criminal history background check determination or have the unsatisfactory criminal history background check determination reversed as a result of an administrative hearing.

(i) Documentation of required criminal history background check determinations must be maintained in the owner's file.

(2) Criminal History Background Checks for Directors Required. Prior to serving as a director of a licensed maternity home, a person shall submit a records check application and receive a satisfactory determination or be determined eligible to serve as a director as a result of an administrative hearing.

(a) A person with an unsatisfactory criminal history background check determination may not serve as a director of a licensed home if it is determined that such person has a criminal record involving any of the following covered crimes:
1. Any felony under Georgia law;

2. A violation of Code Section O.C.G.A. Sec. 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph;

3. A violation of Code Section O.C.G.A. Sec. 16-5-23, relating to simple battery; where the victim is a minor;

4. A violation of Code Section O.C.G.A. Sec. 16-6-1et seq., relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist;

5. A violation of Code Section O.C.G.A. Sec. 16-12-1, relating to contributing to the delinquency of a minor;

6. Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere.

(b) In lieu of a records check application, a director may submit evidence, satisfactory to the Department, that within the immediately preceding 12 months the above personnel have received a satisfactory records check determination or a satisfactory preliminary records check determination, whichever is applicable.

(c) Directors of a licensed maternity home shall submit a records check application no less than every five (5) years from the date of receipt of an initial satisfactory criminal history background check determination and either receive a subsequent satisfactory criminal history background check determination or have the unsatisfactory criminal history background check determination reversed as a result of an administrative hearing.

(d) Documentation of required criminal history background check determinations must be maintained in the director's file.

(3) Criminal History Background Checks for Employees Required. Prior to serving as an employee other than a director of a licensed maternity home, a person must submit a preliminary record check application and receive a satisfactory determination. Provided however, should there be an unsatisfactory determination, the person must submit to a fingerprint record check and obtain a satisfactory determination or be determined eligible to serve as an employee as a result of an administrative hearing.

(a) A person with an unsatisfactory background check determination may not serve as an employee of a licensed maternity home if it is determined that such person has a criminal record involving any of the following covered crimes:
1. Any felony under Georgia law;

2. A violation of Code Section O.C.G.A. Sec. 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph;

3. A violation of Code Section O.C.G.A. Sec. 16-5-23, relating to simple battery; where the victim is a minor;

4. A violation of Code Section O.C.G.A. Sec. 16-6-1et seq., relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist;

5. A violation of Code Section O.C.G.A. Sec. 16-12-1, relating to contributing to the delinquency of a minor;

6. Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere.

(b) In lieu of a records check application, an employee may submit evidence, satisfactory to the Department, that within the immediately preceding 12 months the above personnel have received a satisfactory records check determination or a satisfactory preliminary records check determination, whichever is applicable.

(c) Employees of a licensed maternity home shall submit a records check application no less than every five (5) years from the date of receipt of an initial satisfactory criminal history background check determination and either receive a subsequent satisfactory criminal history background check determination or have the unsatisfactory criminal history background check determination reversed as a result of an administrative hearing.

(d) Documentation of required criminal history background check determinations must be maintained in the employee's personnel file.

O.C.G.A. Secs. 49-5-3, 49-5-8, 49-2-14.1, 49-5-60, 49-5-62, 49-5-69, 49-5-73.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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