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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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CHAPTER 130
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SENATE BILL 1109 |
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AN ACT
amending sections 8‑463 and 8‑514.02, Arizona Revised Statutes; relating to child welfare and placement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-463, Arizona Revised Statutes, is amended to read:
8-463. Department of child safety employees; employees of contractors; fingerprint requirement
A. Each employee of the department who has contact with children or who is employed in an information technology position shall have a valid fingerprint clearance card issued pursuant to section 41‑1758.07 or provide to the department documentation of the person's application for a fingerprint clearance card. The employee shall certify on forms that are provided by the department and that are notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
B. The department may not disclose information obtained pursuant to this section except to members of the department's staff solely for employment purposes.
C. An employee of a contractor or subcontractor who is employed in an information technology position and who will have access to department information in any state data system must meet the requirements of subsection A of this section. An employee of a contractor or subcontractor in an information technology position may not have access to department information until the employee meets the requirements of subsection A of this section. If such an employee fails to obtain a fingerprint clearance card, the employee shall immediately be denied access to any department information technology system. The contractor or subcontractor is responsible for the costs of obtaining the employee's fingerprint clearance card and may charge these costs to the fingerprinted employee. The department may allow all or part of the costs to obtain a fingerprint clearance card to be included as an allowable cost in a contract.
Sec. 2. Section 8-514.02, Arizona Revised Statutes, is amended to read:
8-514.02. Placement with parent or relative
A. The department may place a child with a parent, or a relative or a person who has a significant relationship with a child.
B. During an emergency situation when a child must be placed, the department shall not place a child with a relative or a person who has a significant relationship with the child unless each adult member of the relative's or person's household consents to both of the following:
1. A preliminary state and federal name‑based background check.
2. Within fifteen calendar days from the date the name‑based background check is conducted, the submission of a full set of the person's fingerprints to obtain a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
C. Except for a placement pursuant to section 8-861, before a child who has been in out-of-home care is placed with a parent, the department shall conduct a background check pursuant to section 41-1750 of all adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home. The results of this background check shall be considered when making a safety assessment of the placement.
D. The department shall immediately remove a child from a home if any adult household member fails to provide fingerprints as provided in subsection B of this section. If placement of the child in the home was ordered by the court, the department shall immediately request a change of physical custody from the court.
B. E. Unless approved in writing by the department, the parent or relative shall not allow the child to:
1. Be placed with any other person.
2. Have any contact with the allegedly abusive or neglectful parent, guardian or custodian or other person designated by the department.
3. Leave this state.
C. F. If a child is placed with a parent or relative pursuant to this section, the department shall inform the parent or relative about available financial and nonfinancial services and eligibility requirements and shall assist the parent or relative to complete the necessary applications.
APPROVED BY THE GOVERNOR MARCH 31, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31, 2017.