Rule 290-9-2-.04 - Criminal History Background Checks, Agency Personnel(1) Criminal History Background Checks for Owners Required. Prior to approving any license for a new Child-Placing Agency 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 residents 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 to children.(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 Child-Placing Agency 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 covered crimes, as outlined in O.C.G.A. Section 49-2-14.1, and the Department's decision to deny or revoke a license has not been reversed in accordance with the provisions of O.C.G.A. Section 49-2-14.1.(d) An owner with a valid license who acquires a criminal record involving any of the covered crimes identified in O.C.G.A. Section 49-2-14.1 shall disclose the criminal record to the Department.(e) If at any time the Department has reason to believe an owner holding a valid license has a criminal record involving any of the covered crimes identified in O.C.G.A. Section 49-2-14.1, 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.(2) Criminal History Background Checks for Director and Employees Required. Prior to serving as a director of a licensed Agency, a person newly hired, rehired, or transferred to the director position shall submit a records check application and receive a satisfactory determination or be determined to be 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 Child Placing Agency if it is determined that such person has a criminal record as identified in O.C.G.A. Section 49-5-60 and has not had an unsatisfactory determination reversed in accordance with O.C.G.A. Sections 49-5-60 et seq., and 49-5-73.(b) Prior to serving as an employee other than a director of a licensed Agency, 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 receive a satisfactory determination or be determined eligible to be employed 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 Child Placing Agency if it is determined that such person has a criminal record as identified in O.C.G.A. Section 49-5-60 and has not had an unsatisfactory determination reversed in accordance with O.C.G.A. Sections 49-5-60 et seq., and 49-5-73.(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 director or employee has received a satisfactory records check determination or a satisfactory preliminary records check determination, whichever is applicable.(3) Criminal History Background Checks for Foster Parents Required. No Agency that provides care in foster homes shall place a child in a foster home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have obtained a criminal records check as required by law.(4) No child shall continue to be placed in such foster home care unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination or be determined eligible to serve as foster parents as a result of an administrative hearing. The Department may require a fingerprint records check on any director, employee, or foster parent to confirm identification for records search purposes, when the Department has reason to believe a director, employee, or foster parent has a criminal record that renders them ineligible to have contact with children, or during the course of a child abuse investigation involving the director, employee, or foster parent.(5) Employees. In accordance with these rules and regulations, an Agency shall have the administrative and professional service staff necessary to provide the services it is authorized to provide. (a) Agencies operating multi-state programs shall employ a Director to whom the responsibility for administration of the Georgia program shall be delegated.(b) Director. The Director with responsibility for the administration of the Georgia program shall have as a minimum a Bachelor's degree and two years administrative or supervisory experience in a human services delivery field. If the Director is responsible for supervision of casework services or provides direct placement services, he/she shall also meet the educational and experience requirements for a casework supervisor.(6) The Director with responsibility for the administration of the Georgia program shall be: (a) A full-time resident of the State of Georgia;(b) Responsible for administration of policies and procedures established by the Governing Body for operation of the Agency;(c) Responsible for preparation, or assisting in the preparation of the annual budget, and control of expenditures according to budget allowance;(d) Responsible for personnel matters including hiring, assigning duties, in-service training, supervision, evaluation of staff and terminations; and(e) Responsible for professional leadership and technical consultation to the Governing Body, determination of policy, and for periodic evaluations of the Agency's performance in terms of the conditions of licensure.(7) Casework Supervisor. There shall be at least one casework supervisor employed by the Agency.(a) The casework supervisor shall have the minimum qualifications of a master's degree from an accredited college or university in the area of social work, psychology, childhood education, special education, guidance counseling, behavioral or social science, or related field, with a minimum of one year of experience in a human services delivery field as it relates to child welfare or a bachelor's degree from an accredited college or university in one of the aforementioned areas of study with two years of paid work experience in a human services delivery field as it relates to child welfare.(b) The Director may perform this function if qualified.(c) The casework supervisor shall be responsible for the supervision of the placement services provided by the Agency, and for the designation of approval for prospective adoptive and foster families and for assessing the appropriateness of the placement's room, board and watchful oversight capacity.(8) Caseworker(s). There shall be at least one caseworker employed by the Agency.(a) The caseworker shall have the minimum qualification of a bachelor's degree from an accredited college or university.(b) The caseworker shall provide direct placement services and supervision following placements.(c) A casework supervisor may perform this function.(9) Annual Training. All supervisory and social service staff members, whether a director, employee or contracted staff, must complete job-related training annually. (a) Each supervisory and social service staff member employed or contracted by the agency to work more than twenty (20) hours per week shall be required to complete 15 hours of job-related training annually.(b) Each supervisory or social service staff member employed or contracted for twenty (20) hours or less per week shall be required to complete 7 hours of job-related training annually.(10) Clerical Staff. There shall be clerical staff employed by the Agency as necessary to keep correspondence, records, bookkeeping and files current and organized.(11) Personnel Policies. The Agency shall have written personnel policies which shall include: (a) Hiring and termination procedures;(c) Provisions for work performance evaluations conducted at least annually;(d) Provisions for staff training, including the use of behavior management techniques and emergency safety interventions; and(e) Provisions for addressing concerns, disagreements and grievances of staff relating to the care of children.(12) Personnel Files. There shall be a personnel file on a director and each employee which shall include: (a) Application for employment;(b) A satisfactory criminal history background check completed in accordance with O.C.G.A. Sections 49-5-60 et seq., and a ten-year employment history;(c) Prior to hire, documentation of at least two professional, educational, or personal reference contacts that attest to the person's capabilities of performing the duties for which they are employed and to the person's suitability of working with or around children, with at least one of the reference contacts being a previous employer;(d) Satisfactory documentation of education and other qualifications prior to employment;(e) Date of employment or contract with the Agency;(f) A valid driver's license, as required for the class of vehicle operated, if the Agency director or employee operates a vehicle for the transport of children in care.(g) Current job description;(h) Annual performance evaluation reports and any records of discipline involving the inappropriate use of behavior management techniques or emergency safety interventions signed and dated by both the employee or contracted individual and the supervisor;(i) Documentation of participation in job-related training, including the dates, hours earned, and the title of all such training, as required annually;(j) Letter of resignation or reason for termination.(13) Contracted Social Service Staff. All contracted social service staff must meet the same qualifications as employees and have a contract file with all of the same items required for the personnel files of other Agency staff.(14) Personnel practices shall conform to the written policies and to these rules and regulations.Ga. Comp. R. & Regs. R. 290-9-2-.04
O.C.G.A. §§ 49-2-14.1 et seq., 49-5-12, 49-5-60, 49-5-69, 49-5-69.1, 49-5-73.
Original Rule entitled "Agency Personnel" adopted. F. Mar. 16, 2000; eff. Apr. 5, 2000.Repealed: New Rule of same title adopted. F. Aug. 21, 2006; eff. Sept. 10, 2006.Repealed: New Rule of same title adopted. F. Nov. 20, 2006; eff. Dec. 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, Agency Personnel" adopted. F. Jan. 24, 2008; eff. Feb. 13, 2008.Note: Correction of typographical error in Rule History only, in accordance with title change cited in January 24, 2008 filing, "Repealed: New Rule of same title adopted. F. Jan. 24, 2008; eff. Feb. 13, 2008." corrected to "Repealed: New Rule entitled "Criminal History Background Checks, Agency Personnel" adopted. F. Jan. 24, 2008; eff. Feb. 13, 2008." Effective Mar. 12, 2023.Amended: F. Feb. 20, 2023; eff. Mar. 12, 2023.Amended: F. Feb. 28, 2024; eff. Mar. 19, 2024.