(a) Where there is need for a provisional employee to work at a licensed, commissioned, or permitted early care and education program facility, such early care and education program may utilize an individual as a provisional employee only after the director reviews a preliminary records check and makes a satisfactory determination in accordance with this article. No such provisional employee shall reside in an early care and education program or be present in the early care and education program while any child is present for care until such satisfactory preliminary records check determination has been made based upon GCIC information obtained from local law enforcement within the prior ten days. The board shall be authorized to define and enforce by regulations, including, but not limited to, the length of time a provisional employee may be present at a facility without a fingerprint records check determination. The department may revoke the license, commission, or permit of an early care and education program if the early care and education program fails to comply with the requirements of this Code section and allows a person with an unsatisfactory preliminary records check determination to reside in an early care and education program or be present at an early care and education program while children are present for care.
(b) If the department determines a licensed, commissioned, or permitted early care and education program knows or should reasonably know that a provisional employee has a criminal record and allows the provisional employee to reside at an early care and education program or be present at an early care and education program while children are present for care, the department shall revoke the license, commission, or permit for that early care and education program.
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