Section 20-1A-30. (For effective date, see note.) Definitions

   As used in this article, the term:

   (1) "Center" means a group day-care home, family day-care home, or child care learning center which is allowed to operate or is required to be licensed, commissioned, or registered under Article 1 of this chapter.

   (2) "Conviction" means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.

   (3) (For effective date, see note.) "Crime" means:

      (A) Any felony;

      (B) A violation of Code Section 16-5-23 when the victim is a minor;

      (C) A violation of Code Section 16-5-23.1, relating to battery, when the victim is a minor;

      (D) A violation of Code Section 16-12-1;

      (E) A violation of Chapter 6 of Title 16;

      (F) A violation of Code Section 16-4-1; or

      (G) Any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph.

   (4) "Criminal record" means:

      (A) Conviction of a crime;

      (B) Arrest, charge, and sentencing for a crime where:

         (i) A plea of nolo contendere was entered to the charge;

         (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or

         (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or

      (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.

   (5) "Director" means the on-site manager of a facility designated by the legal owner who is responsible for the supervision, operation, and maintenance of the center and meets the minimum qualifications as determined by the department.

   (6) "Employee" means any person, other than a director, who is 17 years of age or older and is employed by a center to perform at any of the center's facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center.

   (7) "Employment history" means a record of where a person has worked for the past ten years.

   (8) "Facility" means a center's real property at which children are received for care.

   (9) "Fingerprint" means an inked fingerprint card or an electronic image of a person's fingerprint.

   (10) "Fingerprint records check determination" means a satisfactory or unsatisfactory determination by the department based upon fingerprint-based national criminal history record information.

   (11) "GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.

   (12) "GCIC information" means criminal history record information, as defined in Code Section 35-3-30.

   (13) "License" means the document issued by the department to authorize the center to which it is issued to operate a facility.

   (14) "Preliminary records check determination" means a satisfactory or unsatisfactory determination by the director based only upon a comparison of GCIC information obtained solely from a law enforcement agency within the state with other than fingerprint information regarding the person upon whom the records check is being performed for purposes of this article.

   (15) "Provisional employee" means an individual other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired for a limited period of employment.

   (16) "Records check application" means a document created by the department to be completed, notarized, and submitted to the department by every actual and potential director and employee that indicates such director's name, center type, and such other information as the department deems appropriate and which authorizes the department to receive and render a fingerprint records check determination pursuant to any criminal history record information pertaining to such individual from any local, state, or national criminal justice or law enforcement agency.

   (17) "Satisfactory determination" means a written declaration that a person for whom a preliminary or fingerprint records check determination was performed was found to have no criminal record.

   (18) "Unsatisfactory determination" means a written declaration that a person for whom a preliminary or fingerprint records check determination was performed was found to have a criminal record.

Code 1981, § 20-1A-30, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 135, § 7/HB 354; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2013, p. 294, § 4-31/HB 242.