Rule 290-2-7-.04 - Criminal History Background Checks, Pesonnel(1) Criminal History Background Checks for Owners Required. Prior to approving any license for a new outdoor child caring program and periodically as established by the department by rule and regulation, 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 of the following: 1. Maintains an office at the location where services are provided to children;2. Resides at a location where services are provided to children;3. Has direct access to children receiving care; or4. 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.(2) An outdoor child caring program 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.: (a) A violation of Code Section 16-5-1, relating to murder and felony murder;(b) A violation of Code Section 16-5-21, relating to aggravated assault;(c) A violation of Code Section 16-5-24, relating to aggravated battery;(d) A violation of Code Section 16-5-70, relating to cruelty to children;(e) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older;(f) A violation of Code Section 16-6-1, relating to rape;(g) A violation of Code Section 16-6-2, relating to aggravated sodomy;(h) A violation of Code Section 16-6-4, relating to child molestation;(i) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes;(j) 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 institutions;(k) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery;(l) A violation of Code Section 16-8-41, relating to armed robbery;(m) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or(n) 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.(3) An owner with a valid outdoor child placing agency license issued on or before June 30, 2007 shall be required to obtain a criminal records check determination no later than December 31, 2008.(a) An owner with a valid outdoor child caring program license issued on or before June 30, 2007 who is determined to have a criminal record for any of the crimes listed in Rule .04(2)(a)-(n) above, 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."(b) An owner with a valid outdoor child caring program license who acquires a criminal record as defined in Rule .04(2)(a)-(n) above subsequent to the effective date of these rules shall disclose the criminal record to the department.(c) If at any time the department has reason to believe an owner holding a valid license has a criminal record for any of the crimes listed in Rule .04(2)(a)-(n) above, 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.(4) Criminal History Background Checks for Director and Employees Required. Prior to serving as a director of a licensed outdoor child caring program, 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 outdoor child caring program 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. 16-21-1, 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) Prior to serving as an employee other than a director of a licensed outdoor child caring program, 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 get a satisfactory determination or be determined eligible to serve as an employee as a result of an administrative hearing.(c) A person with an unsatisfactory background check determination may not serve as an employee of a licensed outdoor child caring program if it is determined that such person has a criminal record involving any of the covered crimes outlined in O.C.G.A. Secs. 16-4-1, 16-5-23, 16-6-1 and 16-21-1 and in Rule .04(2)(a)1. -6. above.(d) In lieu of a records check application, a director or 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.(5) Personnel. In accordance with these rules and regulations, the outdoor child caring program shall employ and provide training and supervision for an adequate number of staff necessary to ensure the health and safety of the campers in its care.(6) Outdoor Child Caring Programs shall have written job descriptions which specify what duties employees are expected to perform. A copy of the job descriptions shall be available to the employees and to the Department.(7) The Administrator or Executive Director shall have a masters degree from an accredited college or university and a minimum of three years of increasingly responsible experience in the human service, mental health or health care field, or a Bachelors Degree plus five years experience in the field of child care, human services, mental health, at least two of which includes supervisory and/or administrative responsibility.(8) The Administrator shall be responsible for implementing the policies adopted by the Governing Body, the on-going operation of the Outdoor Child Caring Program, and compliance with the "Rules and Regulations for Outdoor Child Caring Programs."(9) The Administrator or his/her designee shall be present and responsible for the operation of the camp at all times. Staff on duty shall be made aware of the designated person.(10) There shall be an effective written plan for staff supervision of the group sessions. The plan shall include the line of supervision, support staff, their location and accessibility.(11) The staff member with primary responsibility for planning, developing, implementing service and Room Board and Watchful Oversight plans, supervising staff who deliver the services, and developing in-service training shall have a master's degree in psychology, social work, education or other related fields and experience and/or training in working with children in an outdoor Child Caring Program environment.(12) Each Outdoor Child Caring Program shall have a social service worker on staff.(13) The social service worker shall have at least a Bachelor's Degree from an accredited college or university.(14) Each Outdoor Child Caring Program shall employ or contract with an adequate number of qualified and trained staff who provide room, board and watchful oversight appropriate to the types of children being served.(15) The Outdoor Child Caring Program s shall arrange for the provision of professional services e.g., physicians, dentists, psychiatrists, psychologists, teachers, nurses, recreational therapists and other specialists according to the requirements of the Medicaid Rehabilitation Option Network.(16) The Outdoor Child Caring Program shall have staff coverage throughout the 24-hour period. (a) The Outdoor Child Caring Program shall have sufficient numbers of qualified and trained staff as required by these rules to provide for the needs, care, protection, supervision and room, board and watchful oversight of children. All staff and volunteers shall be supervised to ensure that assigned duties are performed adequately and to protect the health, safety and well-being of the children in care.(b) Supervisory staff shall be accessible to campers and to child care staff 24 hours per day. All staff and volunteers shall be supervised to ensure that assigned duties are performed adequately and to protect the health, safety and well-being of the campers in care.(c) If volunteers are used as a supplement to child care staff, they shall meet the same requirements as the regular child care staff.(d) Teachers who supervise campers' activities may be included in the provision of watchful oversight during the time they are responsible for a group.(17) Child care staff or supervisory staff shall be available at all times so that no group will be without appropriate supervision.(18) Tasks which conflict or interfere with their child care responsibilities shall not be assigned to child care staff. Job descriptions and staff assignments shall show no conflicts in assignments to child care staff.(19) The personal qualifications of employees shall be verified including a satisfactory criminal history background check completed in accordance with O.C.G.A. Sec. 49-5-60et seq. and a ten-year employment history. Verification of educational qualifications shall include documentation of a high school diploma or official transcripts from an accredited institution of higher learning. (a) At least three references shall be obtained for each potential employee prior to employment. Information obtained from the references shall be written and filed whether the interview is conducted in person or by telephone. References should attest to the person's capabilities of performing the duties for which they are employed and to the person's suitability of working with the types of children served by the camp.(b) Each employee shall submit an oral or written statement to the facility at the time of application that they have never been shown by credible evidence (such as a decision of a court or jury, or a department investigation or other reliable evidence) to have abused, neglected, sexually exploited, or deprived a child or adult or to have subjected any person to serious injury as a result of intentional or grossly serious injury as a result of intentional or grossly negligent misconduct.(20) Child care staff shall be at least four years older than the oldest child in their group, have a high school education or an equivalency and experience in working with children in a group setting. Former campers employed as staff shall be at least 21 years of age.(21) In addition to the initial orientation, including training on the facility's policies and procedures pertaining to behavior management techniques and emergency safety interventions, all staff working with campers shall receive annually at least 40 hours of in-service training related to children's service needs in a primitive environment. In-service training for staff working with campers shall be documented. This shall include the date, the subject, and name of the person who conducted the training.(22) Training in first aid and C.P.R. shall be required within 90 days of employment for all child care staff who are not licensed/certified health professionals. (a) Training shall be certified by a Red Cross instructor or a licensed/certified health professional.(b) First aid training shall be updated at least every three years. Certificates or statements of training shall document that training has been updated.(23) All child care staff shall have training by certified staff in water safety and lifesaving techniques.(24) A specialist trained in the particular activity shall supervise the participation of the campers in high risk activities such as rock climbing, canoeing, caving, etc.(25) Personnel records shall be maintained for each employee of the outdoor child caring program. These records shall contain as a minimum the following information: (a) Identifying information such as name, address, telephone number, and emergency contact person(s);(b) Qualifications for the position;(c) Date, name of contact, and information received from pre-employment references;(e) Verification of training, including dates of all such training;(f) Annual reports of performance, including all records of employee discipline arising from the inappropriate use of behavior management techniques and emergency safety interventions;(g) Criminal history background check determination;(h) Date and reason for separation; and(i) Forwarding address of separated employees.Ga. Comp. R. & Regs. R. 290-2-7-.04
O.C.G.A. Sec. 49-5-12.
Original Rule entitled "Discharge Policies" adopted. F. Oct. 1, 1974; eff. Oct. 21, 1974.Repealed: F. Aug. 26, 1975; eff. Sept. 15, 1975.Amended: New Rule entitled "Personnel" adopted. F. Nov. 8, 1984; eff. Dec. 10, 1984, as specified by the Agency.Repealed: New Rule of same title adopted. F. Aug. 21, 2006; eff. Sept. 10, 2006.Repealed: New Rule of same title adopted. F. June 5, 2007; eff. June 25, 2007.Repealed: New Rule entitled "Criminal History Background Checks, Personnel" adopted. F. Jan. 23, 2008; eff. Feb. 12, 2008.