HB2529 - 511R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-804, Arizona Revised Statutes, is amended to read:

START_STATUTE8-804. Central registry; notification

A. The department of economic security shall maintain a central registry of reports of child abuse and neglect that are substantiated and the outcome of the investigation of these reports made under this article. A finding made by a court pursuant to section 8-844, subsection C that a child is dependent based on an allegation of abuse or neglect shall be recorded as a substantiated finding of abuse or neglect. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports.

B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes:

1. As a factor to determine qualifications for foster home licensing, adoptive parent certification, child care home certification, registration of unregulated child care homes with the child care resource and referral system, and home and community based services certification for services to children or vulnerable adults.

2. As a factor to determine qualifications for persons who are employed or who are applying for employment with this state in positions that provide direct service to children or vulnerable adults.

3. As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:

(a) Any person who applies for a contract with this state and that person's employees.

(b) All employees of a contractor.

(d) Prospective employees of the contractor or subcontractor at the request of the prospective employer.

4. Beginning August 1, 2013, to provide information, using the department of economic security's contracting requirements, to licensees that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children pursuant to title 36, chapter 7.1.

5. To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk.

6. To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect.

7. To allow comparisons of this state's statistical data with national data.

8. To comply with section 8‑804.01, subsection B.

C. Beginning August 1, 2013, licensees that do not contract with the state and that employ persons who provide direct services to children pursuant to title 36, chapter 7.1 must submit to the department of economic security in a manner prescribed by the department of economic security information necessary to conduct central registry background checks. The department of health services shall verify whether licensees, pursuant to title 36, chapter 7.1, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection.

D. If the department received a report before September 1, 1999 and determined that the report was substantiated, the department shall maintain the report in the central registry until eighteen years from the child victim's date of birth.

E. If the department received a report on or after September 1, 1999 and determined that the report was substantiated, the department shall maintain the report in the central registry for twenty‑five years after the date of the report.

F. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections D and E of this section.

G. Any person who was the subject of a child protective services investigation may request confirmation that the department has purged information about the person pursuant to subsection F of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.

H. The department of economic security shall notify a person, contractor or licensee identified in subsection B, paragraph 3, subdivisions (a), (b) and (c) and subsection B, paragraph 4 of this section who is disqualified because of a central registry check conducted pursuant to subsection B of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41‑619.57.

I. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraph 3 or subsection C of this section, employees shall certify on forms that are provided by the department of economic security whether an allegation of abuse or neglect was made against them and was substantiated. The forms are confidential.

J. A person who is granted a central registry exception pursuant to section 41‑619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a central registry exception. END_STATUTE

Sec. 2. Section 36-883, Arizona Revised Statutes, is amended to read:

START_STATUTE36-883. Standards of care; rules; classifications

A. The director of the department of health services shall prescribe reasonable rules regarding the health, safety and well‑being of the children to be cared for in a child care facility. These rules shall include standards for the following:

1. Adequate physical facilities for the care of children such as building construction, fire protection, sanitation, sleeping facilities, isolation facilities, toilet facilities, heating, ventilation, indoor and outdoor activity areas and, if provided by the facility, transportation safely to and from the premises.

2. Adequate staffing per number and age groups of children by persons qualified by education or experience to meet their respective responsibilities in the care of children.

3. Activities, toys and equipment to enhance the development of each child.

4. Nutritious and well‑balanced food.

5. Encouragement of parental participation.

6. Exclusion of any person from the facility whose presence may be detrimental to the welfare of children.

B. The department shall adopt rules pursuant to title 41, chapter 6 and section 36‑115.

C. Any rule that relates to educational activities, physical examination, medical treatment or immunization shall include appropriate exemptions for children whose parents object on the ground that it conflicts with the tenets and practices of a recognized church or religious denomination of which the parent or child is an adherent or member.

D. The department of health services shall conduct a comprehensive review of its rules at least once every two years. Before conducting this review, the department shall consult with agencies and organizations that are knowledgeable about the provision of child care facilities to children including:

1. The department of economic security.

2. The department of education.

3. The state fire marshal.

4. The league of Arizona cities and towns.

5. Citizen groups.

6. Licensed child care facility representatives.

E. The department shall designate appropriate classifications and establish corresponding standards pertaining to the type of care offered. These classifications shall include:

1. Facilities offering infant care.

2. Facilities offering specific educational programs.

3. Facilities offering evening and nighttime care.

F. Rules for the operation of child care facilities shall be stated in a way that clearly states the purpose of each rule. END_STATUTE

Sec. 3. Section 36-883.02, Arizona Revised Statutes, is amended to read:

START_STATUTE36-883.02. Child care personnel; fingerprints; exemptions; definition

A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41‑1758.07 or shall apply for a fingerprint clearance card within seven working days of employment or beginning volunteer work.

B. Exempt from the fingerprinting requirements of subsection A of this section are parents, including foster parents and guardians, who are not employees of the child care facility and who participate in activities with their children under the supervision of and in the presence of child care personnel.

C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:

1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41‑1758.07, subsection B in this state or similar offenses in another state or jurisdiction.

2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8‑201.

3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

D. Employers of child care personnel shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a child care facility.

E. The forms required by subsection C of this section are confidential.

F. A child care facility shall not allow a person to be employed or volunteer in the facility in any capacity if the person has been denied a fingerprint clearance card pursuant to section 41‑1758.07 or has not received an interim approval from the board of fingerprinting pursuant to section 41‑619.55, subsection I.

G. The employer shall notify the department of public safety if the employer receives credible evidence that any child care personnel either:

1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B.

2. Falsified information on the form required by subsection C of this section.

H. The department shall adopt rules that define acts of child abuse and neglect that disqualify a person from providing direct services to children.

H. I. For the purposes of this section, "child care personnel" means any employee or volunteer working at a child care facility. END_STATUTE

Sec. 4. Section 36-895, Arizona Revised Statutes, is amended to read:

START_STATUTE36-895. Licensing and monitoring of child care facilities; financial agreements

A. The department of health services shall license child care facilities and monitor their operation to ensure that the level of care being provided is adequate. The department of economic security:

1. Shall not require standards of care in addition to those prescribed pursuant to section 36-883.

2. Shall not require personnel qualifications in addition to those prescribed pursuant to section 36-883.02.

3. Shall not duplicate the monitoring functions of the department of health services. and

4. Shall accept the decisions of the department of health services concerning compliance with licensing standards.

B. The department of economic security may prepare and enter into financial agreements with child care providers as defined in section 46‑801. END_STATUTE