19.8 Criminal Records Checks (CRC)

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(19) Case Management

Policy Title:

Criminal Records Checks (CRC)

Policy Number:

19.8

Previous Policy Number(s):

N/A

Effective Date:

November 2024

Manual Transmittal:

2024-09

Codes/References

O.C.G.A. §19-8-16(d) Investigation by Court-Appointed Agent; Criminal History Records Check for Adoption Petitioners
O.C.G.A. § 35-3-30 Definitions
O.C.G.A. § 35-3-38 Unauthorized Requests or Disclosures of Criminal History Record Information; Disclosure of Techniques Used to Ensure Security or Privacy of Criminal History Records
O.C.G.A. § 49-2-14 Record Search for Conviction Data on Prospective Employees
O.C.G.A. § 49-5-69.1 Fingerprint and Preliminary Records Check for Foster Homes; Notice of Results; Violations; Foster Parents Known to Have Criminal Records; Retention of Fingerprints
O.C.G.A. § 49-5-115 Letter Issued by Department of Early Care and Learning In lieu of Background Screening or Fingerprint Checks
Title IV-E of the Social Security Act §§ 471(a) (20) (A) (i), (ii), & (D)
45 CFR Parts 1356.30 (b), (c) & (f)
Child Abuse Prevention and Treatment Act (CAPTA) section 106(b)(2)(B)(xxii)
Public Law (PL) 115-123 Family First Prevention Services Act of 2018 (FFPSA)

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Comply with the rules of the Georgia Crime Information Center (GCIC) and the National Crime Information Center (NCIC) by adhering to all state and federal laws[1] governing the use of Criminal Background Investigations.

    1. Store Criminal History Records Information (CHRI) in a secure manner.

      1. Restrict access to authorized personnel in the performance of their duties.

      2. All Georgia Bureau of Investigation (GBI)/GCIC security and integrity measures become applicable when a criminal history record inquiry is returned with a response noted on the consent form or inquiry itself, such as ‘No criminal history’. Documents containing such responses are to be treated as official CHRI.

    2. Maintain a CHRI log in each DFCS office and have a unique sheet for each criminal history record currently maintained in a secured location. The log shall be stored with other secured CHRI files.

    3. Maintain CHRI for a minimum of three years for GBI/FBI audit purposes.

    4. A completed Live Scan application is required and must be presented by the applicant to the Electronic Fingerprint Technician (EFT) prior to a fingerprint-based CRC being initiated. The applicant must sign the Live Scan application at the time the scan is to be completed.

    5. Each Child Protective Services (CPS) CHRI inquiry must be linked to an official investigation involving child neglect, abuse, or exploitation; therefore, a copy of the initial CPS report related to the specific inquiry must be provided to the OIG at the time of the request.

    6. The appropriate consent form must be used for each CRC and maintained in the case record.

      1. The Consent for Criminal Records Check (Form 404) provides consent for a local/Georgia name-based CRC (GCIC only).

      2. The Live Scan Application Form provides consent for a national fingerprint-based CRC (NCIC & GCIC).

  2. Conduct a check of the GCIC database on adult household members as needed when providing Child Protective Services (CPS), including when assessing a voluntary kinship arrangement.

  3. Conduct a check of national and state crime information databases (as defined in section 534(f)(3)(A) of title 28, United States Code) utilizing electronic fingerprinting (Live Scan) on any prospective foster and adoptive parent before the applicant may be finally approved for placement of a child, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child. This includes all adults (age 18 and over) residing in the home (permanently or temporarily) who have access to children placed in the home.

  4. Require a fingerprint-based check of national crime information databases (as defined in section 534(f)(3)(A) of title 28, United States Code) be conducted on any adult working in a child caring institution (CCI), including a group home, residential treatment center, shelter, or other congregate care setting where children in DFCS custody are placed (see policy 16.8 Room Board Watchful Oversight: Minimum Standards).

  5. Not approve any prospective foster or adoptive parent or claim Federal Financial Participation (FFP) for any foster care maintenance or adoption assistance payment made on behalf of a child placed in a foster home operated under the auspices of a Child Placing Agency (CPA) or on behalf of a child placed in an adoptive home through a private adoption agency if DFCS finds (in any case involving a child on whose behalf such payments are to be made), via a criminal records check conducted in accordance with the above requirement, that a court of competent jurisdiction has determined that the prospective foster or adoptive parent has been convicted of a felony involving:

    1. Child abuse or neglect;

    2. Spousal abuse;

    3. A crime against a child or children (including child pornography); or

    4. A crime involving violence, including rape, sexual assault, or homicide (but not including other physical assault or battery).

  6. Not approve any prospective foster or adoptive parent or claim FFP for any foster care maintenance or adoption assistance payment made on behalf of a child placed in a foster home operated under the auspices of a CPA or on behalf of a child placed in an adoptive home through a private adoption agency if DFCS finds (in any case involving a child on whose behalf such payments are to be made), via a criminal records check conducted in accordance with the above requirement, that a court of competent jurisdiction has determined that the prospective foster or adoptive parent, within the last five years, has been convicted of a felony involving:

    1. Physical assault;

    2. Battery; or

    3. A drug or alcohol related offense.

  7. Conduct a name-based CRC of the GCIC database on substitute caregivers providing routine care (more than once a week, usually at designated times) for children in DFCS custody.

    A letter from the Department of Early Care and Learning (DECAL) issued within the previous 12 months stating that the substitute caregiver has received a satisfactory CRC determination may be accepted in lieu of a new CRC.

  8. Conduct a fingerprint-based CRC of the NCIC database on substitute caregivers providing extended respite care (short-term unreimbursed respite care for longer than 72 consecutive hours) for children in DFCS custody.

  9. Allow an exception to the fingerprinting requirement in case-specific situations for persons who are permanently physically incapable of providing fingerprint images or a double amputee. In such instances, a Criminal Justice Information Services (CJIS) Biographic Verification Request must be submitted via the OIG (see Practice Guidance: CJIS Biographic Verification Request).

    This exception does not apply to persons who can be printed, but the quality of the fingerprints is poor.

  10. Ensure that a fingerprint-based CRC is conducted at a minimum of every four years on each foster and/or adoptive parent and all adults in the household.

  11. Use a fingerprint-based CRC only for the purpose for which it was originally intended[2].

  12. Ensure a CRC is conducted within 30 calendar days on any new household member 18 years of age and older, as well as any current household member who attains 18 years of age.

    This includes youth in foster care who remain with the placement resource when they reach age 18.

  13. Continue to be responsible for the security and integrity of Criminal History Records Information (CHRI) received before September 1, 2013.[3]

  14. Follow the following guidelines regarding dissemination of CHRI:

    1. Refrain from disseminating any CHRI outside of the Department of Human Services (DHS) or across state lines. This includes the individuals referenced in the CHRI.

    2. When CHRI is disseminated within DHS, the recipient must have successfully completed GCIC Security Awareness Training annually and have a current Georgia Crime Information Awareness Statement on file with his/her manager.

    3. When CHRI is disseminated within DHS, the sender must complete a secondary log that includes the date, time, GBI Transaction Control Number (TCN), the name of the individual referenced in the CHRI, the name of the recipient of the CHRI, and the reason the CHRI was disseminated.

    Refer to Room Board and Watchful Oversight Minimum Standards for Child Placing Agencies and Child Care Institutions in policy 16.8 Room Board Watchful Oversight: Minimum Standards for CRC procedures for Child Placing Agency (CPA) foster and adoptive homes and CCIs.

Procedures

Statewide name-based CRC only

  1. Request the individual(s) for whom the CRC is being requested to complete and sign the Consent for Criminal Records Check (Form 404).

  2. During business hours, send an email with the signed Consent for Criminal History Records Check (Form 404) to DFCS-GCIC@dhs.ga.gov or a fax to 404-463-0873.

  3. Upload the results received from the OIG into External Documentation in Georgia SHINES using the document class “GCIC Name Search.”

National (NCIC) fingerprint-based CRC

  1. Complete the Live Scan Application Form for a state and federal fingerprint-based CRC and ensure:

    1. All fields are completed with the exception of the signature. The applicant signs the Live Scan Application Form at the time the CRC is conducted by the Electronic Fingerprint Technician (EFT).

    2. A service authorization number is provided for internal accounting purposes.

    3. A finance/UAS code is provided for GBI billing and payment purposes.

    4. The application form is authorized by the DFCS official.

    5. The applicant presents valid government issued photo identification.

  2. Forward the completed and authorized Live Scan Application Form to the EFT. The EFT is not authorized to capture fingerprints if all items in procedure one above are not completed.

  3. Make an appointment with the EFT to complete the applicant’s Live Scan.

  4. Carefully review the applicant’s CHRI provided by the EFT to make a fitness determination.

    1. Negative findings are to be reviewed with the Supervisor and County Director/Designee.

    2. Any reported offenses are to be fully explored with the parties involved.

    3. Factors, including the following, are to be weighed during the review process:

      1. Nature of the activity;

      2. When the activity occurred;

      3. Length of time since last occurrence;

      4. Specific circumstances involved;

      5. Applicant’s lifestyle in recent years; and

      6. Likelihood of recidivism, etc.

  5. Only allow CHRI to be accessed by DFCS staff who have successfully completed GCIC Security Awareness Training (annually) and have a current GCIC Awareness Statement on file in their home office.

  6. Refrain from allowing applicants to view the results of the CRC. Direct applicants to contact the GBI to obtain a copy.

  7. Maintain a log of CHRI received, shared, and destroyed.

  8. Document a discussion of negative findings and justification for approval, if granted.

  9. When applicable, provide a CPA with written confirmation that a CRC has been conducted on a youth who reaches 18 years of age while residing in the CPA foster home and be prepared to discuss negative findings that would impact the safety of anyone in the home.

CJIS Biographic Verification Request

  1. Obtain the required documentation:

    1. Medical documentation confirming the subject’s disability.

    2. A copy of a valid picture ID for the subject.

    3. A Live Scan Application with all fields completed including the subject’s name, place of birth, date of birth, sex, social security number, and race.

  2. Provide the subject’s medical documentation, valid picture ID, and completed Live Scan Application to the EFT.

Practice Guidance

Criminal History Record Information (CHRI)

CHRI is information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments or other formal criminal charges and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, and release (GCIC Council Rule 140-1-02). The following documents are considered CHRI:

  1. Criminal history fingerprint cards;

  2. Final disposition reports;

  3. Record of Arrest and Prosecution (“RAP sheet”), including Live Scan responses; and

  4. Criminal history information received from the OIG Background Investigations Unit (BIU).

Criminal Justice Information Services (CJIS)

The CJIS Division of the FBI provides a centralized database for storing and accessing criminal justice information. This includes all the data necessary for law enforcement agencies to perform their mission (e.g. biometric, identity, history, person, organization, property, and case/incident data).

CJIS Biographic Verification Request Process

A “CJIS Biographic Verification Request” is necessary when an FBI National fingerprint-based criminal background check is required, but the individual is permanently, physically incapable of providing fingerprint images or is a double amputee. The process is initiated after DFCS provides the required documentation to the EFT. The EFT reviews the submitted documentation to ensure it is complete, then forwards it to the OIG Background Eligibility Unit Manager. The OIG Background Eligibility Unit Manager then submits the documentation to the GCIC for approval and processing. The results of the biographic verification are returned to the OIG Background Eligibility Unit Manager who sends them to the EFT. The EFT then uploads the results into Georgia SHINES.

Destruction of CHRI

When no longer required, all documents containing CHRI must be destroyed to prevent access by unauthorized persons. Record destruction must be conducted in a secure manner under the supervision of authorized persons. The only GCIC approved method of disposal or destruction of CHRI is to shred it using a cross-cut shredder. The destruction of any CHRI must be noted in the CHRI log. The GBI #, FBI #, date, time, and name of person disposing/destroying the records must be specifically noted on the individual log sheet for each record.

DHS Office of Inspector General (OIG) Background Investigations Unit (BIU)

The OIG has Live Scan operators (i.e., Electronic Fingerprint Technicians) available across the state of Georgia to complete fingerprinting for DFCS.

Georgia Crime Information Center (GCIC)

The GCIC is the division of the Georgia Bureau of Investigation (GBI) that maintains the database that contains Georgia Criminal History Records Information (CHRI). It is the access point for federal CHRI. GCIC is responsible for ensuring compliance with both state and federal rules for the use, security, and dissemination of CHRI. Failure to abide by federal and state laws, rules, and regulations regarding access, use, and dissemination of information available via the Criminal Justice Information System (CJIS) Network may result in criminal prosecution by the GBI and/or administrative sanctions by the GCIC.

Managing CHRI

Each County Office should designate an agency representative to receive and safeguard the results of each records search. This designee must have successfully completed the required Security Awareness training and have a signed GCIC Awareness Statement on file with the County Office. CHRI must be kept in a secure location under lock and key. CHRI must be signed in and signed out when physically transferred to another DFCS office. The person receiving the CHRI at the other DFCS office must also have successfully completed GCIC Security Awareness Training and have a signed GCIC Awareness Statement on file in their home County Office. The person receiving CHRI from another DFCS office must document receipt on their log. During an audit, DFCS must be able to clearly show the tracking of CHRI as it changes location.

When a fingerprint-based CRC is requested, the results must be sent to the DFCS office whose ORI number was used on the request. After it is received and logged in at that office, the results may then be signed out to another office using the required security and integrity procedures.

National Crime Information Center (NCIC)

The NCIC maintains the database that contains national criminal history records information.

Originating Agency Identifier (ORI)

The ORI number is assigned by the FBI to non-criminal justice agencies (e.g., DFCS) authorized by Georgia and federal law to obtain a national criminal history records check. It is a unique identifier assigned to each County Office.

GCIC Security Awareness Training

GCIC Security Awareness Training provides employees with a working knowledge of federal and state regulations and laws governing the security and integrity of CHRI. New DFCS employees must complete the training within the first 60 days of employment. GCIC Security Awareness Training is provided in a video format taken via the computer-based training (CBT) platform. The training satisfies the GBI’s compliance requirement with FBI policy. It includes a test that produces a certificate and a Georgia Crime Information Awareness Statement that must be signed and kept on file by an employee’s department. GCIC Security Awareness Training is not required to review results from GCIC name-based criminal records checks.

Forms and Tools

Consent for State Criminal Records Check (Form 404)
Live Scan Application Form

1. The Department of Human Services (DHS) Office of Inspector General (OIG) has the responsibility and authority for the enforcement of these laws.
2. For example, if a foster parent who was initially fingerprinted for the purpose of becoming a foster parent later decides to adopt a child, then a new fingerprint-based CRC must be completed for the purpose of adoption.
3. Effective September 1, 2013, the OIG assumed responsibility for CHRI obtained for the purpose and use of DFCS.