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REFERENCE TITLE: child care; fingerprinting |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1237 |
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Introduced by Senators Brophy McGee: Carter
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AN ACT
Amending sections 36‑883.02, 36‑897.03, 41‑1964 and 41‑1967.01, Arizona Revised Statutes; relating to child care.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-883.02, Arizona Revised Statutes, is amended to read:
36-883.02. 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 before beginning employment or 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. For the purposes of this section, "child care personnel" means any employee or volunteer working at a child care facility.
Sec. 2. Section 36-897.03, Arizona Revised Statutes, is amended to read:
36-897.03. Child care group homes; child care personnel; fingerprints; definition
A. Child care personnel, including volunteers, shall submit the form prescribed in subsection B 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 before beginning employment or volunteer work.
B. Applicants, certificate holders 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 or C 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 a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.
C. The provider 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 to work in a certified child care group home.
D. The director may adopt rules prescribing the exclusion from child care group homes of individuals whose presence may be detrimental to the welfare of children.
E. The forms required by subsection B of this section are confidential.
F. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41‑1758.07, subsection B or subsection B, paragraph 2 or 3 of this section is prohibited from being employed in any capacity in a child care group home.
G. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41‑1758.07, subsection C shall not work in a child care group home without direct visual supervision unless the person has applied for and received the required fingerprint clearance card pursuant to section 41‑1758 and is registered as child care personnel. A person who is subject to this subsection shall not be employed in any capacity in a child care group home if that person is denied the required fingerprint clearance card.
H. 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 B of this section.
I. For the purposes of this section, "child care personnel" means all employees of and persons who are eighteen years of age or older and who reside in a child care group home that is certified by the department.
Sec. 3. Section 41-1964, Arizona Revised Statutes, is amended to read:
41-1964. Day care homes; child care personnel; fingerprints; definition
A. Child care personnel shall have valid fingerprint clearance cards issued pursuant to section 41‑1758.07 or shall apply for a fingerprint clearance card no later than seven working days from the date of certification before being certified by the department or within seven working days after residing or working in the home of a child care home provider or being designated as a backup provider.
B. Before certification or within seven working days after being certified, residing or working in the home of a child care provider or being designated as a backup provider, child care personnel shall certify on forms that are provided by the department and notarized whether:
1. They are awaiting trial on or have been convicted of or admitted 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.
2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8‑201.
3. They have been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.
C. The department shall make documented, good faith efforts to contact previous employers of certified day care home personnel to obtain information or recommendations that may be relevant to an individual's fitness for work in a certified day care home.
D. The notarized forms are confidential.
E. The department of economic security shall notify the department of public safety if the department of economic security receives credible evidence that any child care personnel who possesses a valid fingerprint clearance card either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B or C.
2. Falsified information on the form required by subsection B of this section.
F. For the purposes of this section, "child care personnel" means child care home providers, in‑home providers and noncertified relative providers as defined in section 46‑801 and designated backup providers and all persons who are eighteen years of age or older and who work or reside in the home of a child care home provider.
Sec. 4. Section 41-1967.01, Arizona Revised Statutes, is amended to read:
41-1967.01. Child care home provider; registration; fingerprints; rules; definition
A. A child care home provider who receives compensation to care for four or fewer children and who has not been certified by the department of economic security pursuant to section 46‑807 or licensed or certified by the department of health services pursuant to section 36‑883 or 36‑897.01 shall register with the department of economic security if the child care home provider wishes to be listed with the child care resource and referral system.
B. Each applicant for registration shall submit a full set of fingerprints to the department of public safety for the purpose of obtaining 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. Child care providers shall have a valid fingerprint clearance card issued pursuant to section 41‑1758.07 or shall apply for a fingerprint clearance card by the date of registration before being registered with the department.
D. By the date of registration, child care providers shall certify on forms that are provided by the department and notarized whether:
1. They are awaiting trial on or have been convicted of or admitted committing any of the criminal offenses listed in section 41‑1758.07, subsection B or C in this state or similar offenses in another state or jurisdiction.
2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8‑201.
3. They have been denied a license to operate a child care facility for cause in this state or another state or had a license or certificate to operate a child care facility revoked.
E. The notarized forms are confidential.
F. Each applicant for registration shall not have been the subject of an investigation where in which a report of child abuse or neglect has been substantiated.
G. Each applicant shall maintain current training and certification in first aid and infant and child cardiopulmonary resuscitation.
H. The applicant shall enclose any pool on the applicant's premises pursuant to section 36‑1681, subsections A, B and C.
I. The applicant shall separately store firearms and ammunition under lock and key or a combination lock.
J. The department shall adopt rules to carry out this section.
K. The director shall charge a fee for processing the fingerprint information required pursuant to this section.
L. Any obligation or liability under this section is governed by the provisions of section 41‑1967, subsections F, G and H.
M. For the purposes of this section, "child care provider" means a registered child care home provider pursuant to subsection A of this section.