Free guide · 2026 edition · What § 35-3-34.2 authorizes, and where DECAL and DCH require checks
Under the Live Oaks: The Georgia guide to screening volunteers: what § 35-3-34.2 authorizes, where DECAL and DCH require checks, what a GCIC record shows, and the reporting duty Georgia gives volunteers
Georgia never makes volunteer checks mandatory across the board. Its one general statute on volunteer checks exists to “authorize and facilitate, but not require” them. What Georgia does require is narrower: fingerprint checks for volunteers in child care and long-term care, and a reporting duty for every volunteer at an organization that serves children. Each gets its own chapter here, from § 35-3-34.2 to § 19-7-5.
By the VolunteerBadge research team · Sources checked September 11, 2026

- Written for Georgia child care, long-term care, church and youth-sports volunteer leaders
- Why § 35-3-34.2 authorizes checks but doesn’t require them — and the 2026 rewrite
- DECAL child care, day camps, long-term care and GCIC records, rule by rule
- A volunteer reporting card and a GCIC disclosure letter you can copy
Who Under the Live Oaks is for
Child care and preschool directors, executive directors, volunteer coordinators, camp directors, church and youth-ministry leaders, league administrators, senior-program coordinators and co-op leaders — anyone in Georgia who needs to know whether DECAL, DCH or no statute at all governs a volunteer role.
12,803
child victims of abuse or neglect in Georgia in 2024 — up 47.3% since 2020, though still 5.0 per 1,000 children against 7.2 nationally.
ACF, Child Maltreatment 2024
25.6%
of Georgians volunteered through organizations in 2023 — 2.22 million people giving 167 million hours, worth an estimated $5.2 billion.
AmeriCorps / Census CEV, 2023
$38
The GBI’s fee for a volunteer’s Georgia-and-FBI fingerprint check — $47.99 when printed through GAPS — against $42 for employment.
GBI, GCIC Fees (eff. Jan. 1, 2025)
Cited to primary sources
Georgia at a glance
- “Authorize and facilitate, but not require”
- Georgia’s general statute on volunteer checks exists to “authorize and facilitate, but not require” national fingerprint checks by organizations that provide care. Since July 1, 2026, its “covered individual” includes volunteers and anyone with supervised or unsupervised access, and it never replaces a check another law requires.
- O.C.G.A. § 35-3-34.2(a), (b)(4), (j)
- Youth-serving volunteers report in 24 hours
- Anyone employed by or volunteering at an organization that provides care, education, supervision, coaching, recreation or shelter to children must report suspected abuse immediately and no later than 24 hours. Knowing and willful failure is a misdemeanor.
- O.C.G.A. § 19-7-5(b)(6), (c)(1)(M), (e)(2), (h)
- The designated-delegate route
- A volunteer at a hospital, school, social agency or similar facility must notify the person in charge or a designated delegate, who must report; the volunteer has then fully complied. The duty covers children the reporter attends in that role.
- O.C.G.A. § 19-7-5(c)(2); May v. State, 295 Ga. 388 (2014)
- Child care volunteers get the full check
- In licensed child care, anyone with personal contact with children “with or without compensation” counts, and DECAL’s rules name volunteers who serve more than once in 90 days. Each needs a comprehensive records check — GBI and FBI fingerprints plus registries in every state lived in for five years — before being present.
- O.C.G.A. §§ 20-1A-30(1), (6), 20-1A-39; Ga. Comp. R. & Regs. r. 591-1-1-.02(l), -.09
- Child care clocks
- A satisfactory check ports for 12 months (24 for early-education students), a 180-day break means a new one, and everyone is rechecked at least every five years. Knowingly allowing an ineligible person to be present is a misdemeanor.
- O.C.G.A. § 20-1A-39(a), (b), (f); r. 591-1-1-.09(1)(l)
- Day camps: checks only with CAPS
- Day camps for children 5 and older during summer and school breaks are exempt from licensing. An exempt program must meet DECAL’s background-check rule only if it receives CAPS child care subsidy funds.
- Ga. Comp. R. & Regs. r. 591-1-1-.46(1)(a)8., (c)7.
- Employee-equivalent care volunteers
- Volunteers whose duties equal an employee’s and who have routine direct access to residents or clients need GBI and FBI fingerprint checks through DCH, and may serve up to 30 days under direct supervision while results are pending.
- O.C.G.A. § 31-7-351(6)–(7); DCH, LTC Background Checks FAQ (Dec. 2021)
- Georgia records and the disclosure rule
- A nonprofit may get a Georgia record with the person’s signed consent or fingerprints; without consent, only in-state felony convictions. If a record leads to an adverse decision, the person must be told its source, contents and effect — for employment decisions, failing to is a misdemeanor.
- O.C.G.A. § 35-3-34(a)(1), (b), (d.2)
- Registrants barred from volunteering
- A registered sex offender whose registrable act occurred on or after July 1, 2008, may not work or volunteer at a child care facility, school or church, or at a business within 1,000 feet of one — a felony carrying 10 to 30 years. The organization has no duty or liability under the section; only the registrant does. A registry search keeps registrants out of those roles.
- O.C.G.A. § 42-1-15(a)(4), (c), (g)–(h)
From the Under the Live Oaks executive summary
Six Georgia rules, from § 35-3-34.2 to first-offender sealing
- 1
Section 35-3-34.2 authorizes; it doesn’t require.
Georgia’s one general statute on volunteer checks, O.C.G.A. § 35-3-34.2, exists to “authorize and facilitate, but not require” national fingerprint checks. It was rewritten on July 1, 2026, and still reaches volunteers, now as “covered individuals.”
- 2
Volunteers who serve children must report abuse.
Anyone employed by or volunteering at an organization that provides care, education, coaching, recreation or shelter to children is a mandated reporter — immediately, and within 24 hours. Knowing and willful failure is a misdemeanor.
- 3
Child care is where Georgia checks volunteers.
In licensed child care, a volunteer who serves more than once in 90 days needs DECAL’s comprehensive records check — GBI and FBI fingerprints plus registries in every state lived in for five years — before being present with children.
- 4
Long-term care fingerprints volunteers who do an employee’s job.
Nursing homes, assisted living, personal care homes, hospice and similar providers run GBI and FBI checks through DCH on volunteers with routine direct access, with a 30-day supervised grace period.
- 5
A Georgia record comes with a disclosure duty.
A nonprofit can get a Georgia record with the person’s signed consent or fingerprints; without consent, only in-state felony convictions. If the record leads to an adverse decision, the person must be told its source, contents and effect.
- 6
A Georgia record leaves things out.
Restricted arrests, first-offender sentences, completed conditional discharges and juvenile records are withheld from private requesters — and a July 2026 law narrowed first-offender disclosure further, sealing new first-offender court files at sentencing.
Inside Under the Live Oaks, chapter by chapter
- 01
Two fingerprint settings, one reporting duty
The short answer, with Georgia’s maltreatment, child-death and volunteering figures and six key points.
- 02
From DECAL care to co-ops: who decides
From DECAL-licensed care to churches and co-ops: which Georgia law, if any, governs each role — and one church that sits in three rows.
- 03
“Authorize and facilitate, but not require”
Section 35-3-34.2, the federal NCPA channel and the July 2026 rewrite.
- 04
Every volunteer who serves children reports
Section 19-7-5: who, when, the designated delegate and May v. State.
- 05
Getting Georgia records: GCIC and GAPS
Consent, fingerprints, fees, the FBI limit and the § 35-3-34(b) disclosure rule.
- 06
Restricted, first-offender and juvenile records
Record restriction, first offender, conditional discharge and juvenile records.
- 07
Child care: DECAL’s check and the 90-day rule
DECAL’s comprehensive records check, the 90-day rule and the clocks.
- 08
Day camps and license-exempt programs
DECAL’s exemption categories and the CAPS condition.
- 09
Older adults: long-term care checks and reporting
The DCH fingerprint program and the § 30-5-4 reporting duty.
- 10
Schools, sports, churches and co-ops
Where Georgia law is silent, the 4-H benchmark and charity registration.
- 11
Fair chance, the FCRA and Atlanta
The 2015 executive order, Atlanta’s ordinance and two notice rules.
- 12
H.B. 1201 to H.B. 162: Georgia’s changes since 2024
H.B. 1201 in 2024 through H.B. 1097 and H.B. 162 in 2026, dated — and what didn’t change.
- 13
Never in place of DECAL, DCH or GBI checks
The everyday screen for roles no statute covers, and never a stand-in where DECAL, DCH or the GBI runs the check.
- A
Appendix A: Child care, long-term care and GCIC records
The baseline, child care, exempt programs, long-term care and GCIC records.
- B
Appendix B: A reporting card and a disclosure letter
A § 19-7-5 card for volunteers and a § 35-3-34(b) letter you can copy.
- C
Appendix C: Dated sources, and three that wouldn’t load
Seven free resources, then each source with its read date — and three O.C.G.A. sections that wouldn’t load.
Under the Live Oaks: Georgia questions answered
- Does Georgia require background checks for volunteers?
- Not generally — and Georgia’s general statute says so itself: O.C.G.A. § 35-3-34.2 says its purpose is to “authorize and facilitate, but not require” national fingerprint checks for organizations that provide care to children, older adults or people with disabilities. Checks are required in specific settings: licensed child care (and license-exempt programs that take CAPS subsidies) under DECAL’s rules, and long-term care facilities for volunteers with direct access and an employee’s duties under O.C.G.A. § 31-7-350 et seq. Churches, youth sports, co-ops and most camps set their own standard.
- Does § 19-7-5 make Georgia volunteers mandated reporters?
- Yes, if they volunteer at an organization that serves children. O.C.G.A. § 19-7-5 names “child service organization personnel” — people employed by or volunteering at an organization that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs or shelter to children. They must report suspected abuse immediately and no later than 24 hours, to DFCS at 1-855-GACHILD (1-855-422-4453) or through the person in charge or a designated delegate where that route applies. Knowing and willful failure is a misdemeanor.
- Do child care volunteers in Georgia need a DECAL background check?
- If they serve consistently, yes. In licensed child care, DECAL’s rules treat a volunteer who performs services more than once in a 90-day period as an employee, and every employee needs a satisfactory comprehensive records check — GBI and FBI fingerprints plus registry searches in every state lived in during the prior five years — before being present while children are in care. Occasional volunteers may help only under continuous direct supervision of cleared staff.
- How can a Georgia nonprofit get a volunteer’s criminal record?
- With the volunteer’s signed consent on GCIC’s form, a sheriff or police department can release the Georgia record, for a fee capped at $20. Without consent, only in-state felony convictions are released. Fingerprint checks run through the GBI’s GAPS service, where the volunteer rate is $37.99 for Georgia only or $47.99 with the FBI component, which needs federal authority. If a GCIC record leads to an adverse decision, O.C.G.A. § 35-3-34(b) requires telling the person the record’s source, contents and effect.
- Does a VolunteerBadge check replace a DECAL or DCH fingerprint check?
- No. Where Georgia law requires a DECAL comprehensive records check, a DCH long-term care check or another GBI fingerprint check, that check is mandatory, and no commercial check substitutes for the DECAL, DCH or GBI process. In Georgia it serves churches, youth sports, co-ops and the other roles no statute reaches, and sits on top of — never in place of — the checks DECAL, DCH and the GBI run.
Beyond Under the Live Oaks
More on Georgia
- Georgia volunteer background check requirementsThe statutes, covered roles and check types, at a glance.
- Running a nonprofit in GeorgiaScreening, mandated reporting, volunteer liability and charitable registration.
- Two DeepA volunteer screening and youth-protection playbook for scout troops, youth clubs, 4-H and Boys & Girls Clubs — covers Georgia law.
- Every guide that applies in GeorgiaState-specific and national guides in one list.
The Georgia sources behind Under the Live Oaks
Checked September 11, 2026. The guide cites each one where it is used.
- O.C.G.A. § 35-3-34.2 — National background checks for providers of care (eff. July 1, 2026)
- H.B. 1097 (2026), as passed — rewrite of § 35-3-34.2
- O.C.G.A. § 19-7-5 — Reporting of child abuse
- Georgia DFCS — Child Abuse & Neglect (1-855-GACHILD)
- O.C.G.A. §§ 20-1A-30 to 20-1A-45 — Early care and education background checks
- H.B. 175 (2025), as passed — comprehensive records checks
- DECAL — Rules for Child Care Learning Centers (ch. 591-1-1)
- DECAL — Comprehensive Background Checks Policy Manual (CBC-001)
- DECAL — Rule 591-1-1-.46, Exemptions
- O.C.G.A. § 31-7-351 — Long-term care background check definitions
- Georgia DCH — Long-Term Care Background Checks FAQ
- O.C.G.A. § 30-5-4 — Reporting abuse of disabled adults and elder persons
- O.C.G.A. § 35-3-34 — Criminal records for private persons and businesses
- O.C.G.A. § 35-3-37 — Record restriction
- O.C.G.A. § 42-8-62.1 — Sealing first offender records (eff. July 1, 2026)
- O.C.G.A. § 42-1-15 — Where registered sex offenders may work or volunteer
- GBI — GCIC Fees, effective January 1, 2025
- GBI — Georgia Applicant Processing Service (GAPS)
- GBI — Obtaining Criminal History Record Information FAQ
- O.C.G.A. ch. 43-17 — Georgia Charitable Solicitations Act
- ACF — Child Maltreatment 2024
General information, not legal advice. Laws and agency practice change. Confirm anything you rely on with the agencies named here, your licensor, your insurer or qualified counsel. Spot an error? Tell us and we will fix it.
VolunteerBadge is owned and operated by ScreenForge Labs, LLC, an FCRA-regulated Consumer Reporting Agency that has obtained its FCRA Certificate from the Consumer Data Industry Association (CDIA). This guide is general educational information and is not legal advice. Laws change; this guide's sources were checked as of September 11, 2026.