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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
residential care institutions; children
Purpose
Requires licensees that do not contract with the state and that employ individuals who provide direct services to children to submit to a central registry background check. Requires the Department of Health Services (DHS) to verify if a licensee has complied with central registry background check requirements.
Background
The Department of Child Safety (DCS) maintains a central registry of substantiated reports of child abuse and neglect and the outcomes of the associated investigations. DCS uses the central registry to perform background checks to determine qualifications for: 1) foster home licensure; 2) adoptive parent certification; 3) child welfare agency licensure; 4) child care home certification; 5) registration of unregulated child care homes with the child care resource and referral system; and 6) community based services certification for services to children or vulnerable adults DCS additionally uses the central registry to perform background checks and to determine qualifications for the following, if they provide direct service to children or vulnerable adults: 1) state employees and prospective state employees; 2) employees and prospective employees of child welfare agencies; 3) state contractors and subcontractors; and 4) employees and prospective employees of contractors and subcontractors. Statute requires licensees that do not contract with the state and that employ persons who provide direct services to children child care program settings to submit information to DCS for the purpose of conducting a central registry background check. DHS is required to verify whether licensees are in compliance with central registry check requirements and any related rules adopted by DHS (A.R.S. § 8-804).
DHS is required to
inspect the premises of health care institutions in Arizona, investigate the
character and other qualifications of a health care institution and determine
if an institution is in substantial compliance with prescribed licensure
requirements. Currently, DHS is required to accept proof that a health care
institution is an accredited institution in lieu of any required compliance
inspections, if DHS receives the institution's accreditation report for a given
licensure period. If the health care institution's accreditation report is not
valid for the entire licensure period, DHS is permitted to conduct compliance
inspections during the licensure period not covered by a valid accreditation
report. A health care institution is any place, institution, building or
agency, whether organized for profit or not, that provides facilities with
medical services, nursing services, behavioral health services, health
screening services, other health-related services, supervisory care services,
personal care services or directed care services and includes home health
agencies, outdoor behavioral health care programs and hospice service agencies
(A.R.S. §§ 36-401
and
36-424).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Authorizes DCS to use information contained in a central registry background check to provide information to licensees that do not contract with Arizona regarding individuals who are employed, or seeking employment, to provide direct services to children in a licensed residential care institution.
2. Requires licensees that do not contract with Arizona and that employ individuals who provide direct services to children to submit information necessary for DCS to conduct a central registry background check and specifies that information must be submitted in a manner prescribed by DCS.
3. Directs DHS to verify whether the licensees have complied with central registry background check requirements and any related rules adopted by DHS.
4. Prohibits the Director of DHS from accepting an accreditation report in lieu of licensure or compliance inspections of residential facilities that provide behavioral health services to children.
5. Directs DHS to adopt rules requiring employees and personnel of residential facilities that provide behavioral health services to children to report any child abuse or neglect.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 11, 2019
CRS/kja