State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1537: service providers; fingerprint card

PRIME SPONSOR: Senator Brophy McGee, LD 28

BILL STATUS: House Engrossed

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal NoteRequires an individual that provides services to juveniles or vulnerable adults to have a valid level one fingerprint clearance card (FPCC).

History

The Department of Child Safety (DCS) is responsible for maintaining a central registry for reports on child abuse and neglect that are substantiated as well as the outcomes of the investigations. DCS is required to conduct central background checks and use that information to determine qualifications for persons who are employed or applying for employment in a position that would provide direct service to children or vulnerable adults (A.R.S § 8-804).

Individuals who work with vulnerable populations such as children or the elderly are generally required to obtain a fingerprint clearance card (FPCC) as a condition of employment. The Department of Public Safety (DPS) administers the FPCC process and applicants submit an application and a valid set of fingerprints to DPS for review. DPS compares the applicant’s criminal history to a list of precluding offenses outlined in statute and either issues or denies the applicant a FPCC based on the results. DPS is required to deny an FPCC to an applicant who is awaiting trial on or has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit any precluding offense.

Provisions

1.       Requires DCS to conduct a central registry background check as a factor to determine qualifications for an adult that works in a group home, residential treatment center, shelter or other congregate care setting. (Sec. 1)

2.       Mandates that each person, whether paid or not, must have as a condition of employment a valid level one fingerprint clearance card or must apply for a fingerprint clearance card within seven working days after being employed if the person is any of the following:

a.       Licensed by DCS or employed by the licensee;

b.       A DCS safety contractor for services directly to juveniles or vulnerable adults; and

c.        An adult working in a group home, residential treatment center, shelter or other congregate care setting.  (Sec. 8)

3.       States that a person may not work in a group home, residential treatment center, shelter or other congregate care setting without a valid level one fingerprint clearance card. (Sec. 8)

4.       Requires a person to certify whether they are awaiting trial, have ever been convicted of a specified crime and if they have ever committed any act of sexual abuse of a child. (Sec. 8) 

5.       Contains an emergency measure. (Sec. 9)

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9.       Fifty-fourth Legislature                       SB 1537

10.   First Regular Session                            Version 3: House Engrossed

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