Rule 290-9-37-.07 - Administration, Criminal History Background Checks(1) Prior to being issued a license, each residence shall develop written policies and procedures outlining the responsibilities of the governing body of the Community Living Arrangement and of the residents that ensure compliance with these rules.(2) The governing body of the Community Living Arrangement shall ensure that the policies and procedures are developed and followed in accordance with these rules.(3) The policies and procedures of the governing body shall include, but may not be limited to, the following: (a) A description of the services the residence intends to provide;(b) How the residence ensures that it does not admit or retain persons who require more care than the residence can provide;(c) How the residence guarantees the rights of residents;(d) How the residence supervises medications;(e) Procedures for reporting and investigating abuse, neglect, exploitation, incidents, accidents, injuries, and changes in a resident's condition, including death;(f) How the residence handles admissions;(g) Procedures for discharge and immediate transfers;(h) How refunds are handled when a resident is transferred, is discharged, or dies;(i) Expectations regarding cooperative living;(j) The quality assurance procedures that shall be used to maintain or improve the quality of care and services provided to the residents, including indicators of performance that shall be routinely measured and evaluated. At a minimum, the residence shall include as an indicator to be measured and improved, as necessary, any injury to a resident;(k) How the residence will ensure that staff are trained; and(l) How the residence handles acts committed by staff or residents that are inconsistent with policies of the residence.(4) The Community Living Arrangement administrator shall designate a qualified staff member as the responsible staff person to act on his or her behalf and to carry out his or her duties in the administrator's absence. Residents of the Community Living Arrangement may not serve as the responsible staff person.(5) Personnel shall be assigned duties consistent with their position, training, and experience and with the requirements of Section .15 of these rules.(6) Each residence shall have a written plan that effectively addresses the Community Living Arrangement's strategy for responding to the following emergency situations: (a) Local and widespread weather emergencies or natural disasters, such as tornadoes, hurricanes, earthquakes, ice or snow storms, or floods;(b) Manmade disasters such as acts of terrorism and hazardous materials spills;(c) Unanticipated interruption of service of utilities, including water, gas, or electricity, either within the facility or within a local or widespread area;(d) Fire, explosion, or other physical damage to the residence; and(e) Reporting the elopement of any disabled person from a Community Living Arrangement to local law enforcement within 30 minutes of the Community Living Arrangement staff receiving actual knowledge that such person is missing.(7) Evacuation plan drills shall be held at each residence at least semiannually. The residence shall provide evidence that residents have participated in drills in anticipation of what might be expected to occur in Community Living Arrangements.(8) Each resident shall have a telephone available for incoming and outgoing calls that is maintained in working order. The telephone must be accessible at all times for emergency use by staff and accessible to residents in a private location to make and receive personal calls.(9) Criminal History Background Checks for Owners Required. Prior to the issuance of any new license, the owner of the business or agency applying for the license shall submit a records check application so as to permit the department to obtain a criminal history background check. An owner holding a valid license as a Community Living Arrangement provider prior to June 30, 2007 shall be required to submit a records check application at the request of the department. (a) An owner may not be required to submit a records check application if it is determined that the owner neither: 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; nor4. 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, the 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 community living arrangement provider license shall not be issued, and any license issued shall be revoked where it has been determined that the owner has a criminal record which includes an arrest, charge or conviction for 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 institutions;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; or14. 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 community living arrangement license issued on or before June 30, 2007 who has received an unsatisfactory criminal records check determination which includes one of the listed crimes 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."(e) If at any time the department has reason to believe an owner holding a valid license has been arrested, charged or convicted of any of the crimes listed above, the department shall require the owner to submit a records check application immediately for determination of whether a revocation action is necessary.(10) Criminal History Background Checks for Directors and Employees Required. Prior to working in a Community Living Arrangement, a potential employee is required to obtain a Georgia Crime Information Center state criminal history record check comparison of data with information other than fingerprints done through local law enforcement authorities. At the time of hiring, the Community Living Arrangement shall submit two sets of fingerprints for the staff member and the director to the Georgia Bureau of Investigations for a fingerprint criminal history record check.(a) A person with an unsatisfactory criminal history background check determination may not serve as a director of a licensed Community Living Arrangement if it is determined that such person has a criminal record which indicates an arrest, charge or conviction of any of the covered crimes outlined in the current or amended Department of Human Resources Policy #504.(b) If the determination of a fingerprint criminal history background check is unsatisfactory, the Community Living Arrangement shall take the necessary steps to ensure that such staff member is no longer an employee.Ga. Comp. R. & Regs. R. 290-9-37-.07
O.C.G.A. Secs. 31-7-1et seq., 37-1-22.
Original Rule entitled "Administration" adopted. F. Oct. 24, 2002; eff. Nov. 13, 2002.Repealed: New Rule entitled "Administration, Criminal Background Checks" adopted. F. Jan. 23, 2008; eff. Feb. 12, 2008.