|
|
ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
Senate: HHS DP 8-0-0-0 │ 3rd Read 30-0-0-0House: PS DP 6-0-1-0 |
SB 1504: fingerprinting; vital records; child care
Sponsor: Senator Brophy McGee, LD 28
Caucus & COW
Overview
Updates fingerprinting requirements for individuals that work with vital records or children and vulnerable adults overseen by various political subdivisions.
History
Child care personnel, including volunteers, must have a valid fingerprint clearance card (FPCC) or certification or must apply for a FPCC within seven working days of employment, beginning volunteer work or certification (A.R.S. §§ 36-883-02, 36-897.03 and 41-1964). Child care providers who care for four or fewer children must have a valid FPCC or must apply for a FPCC by the date of registration (A.R.S. § 41-1967.01).
The Director of the Department of Public Safety (DPS) must authorize the exchange of criminal justice information between the central state repository, or through the Arizona criminal justice information system, whether directly or through any intermediary, only as follows:
1) With criminal justice agencies of the federal government, Indian tribes, this state or its political subdivisions and other states, on request by the chief officers of such agencies, specifically for the purposes of the administration of justice and for evaluating the fitness of current and prospective criminal justice employees; and
2) With any noncriminal justice agency, that authorizes the noncriminal justice agency to receive criminal history record information for the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers (A.R.S. § 41-1750).
Provisions
Relating to Vital Records Systems
1.
Requires each employee or contractor of the
Arizona Department of Health Services (DHS) who is employed or contracted in an
information technology (IT) position or who has access to vital records systems
to have a valid FPCC or provide documentation to DHS that proves the person has
applied for a FPCC. (Sec. 1)
2. Requires each employee and contractor to certify that they are not awaiting trial on or convicted of any precluding offenses in this state or similar offenses in another state or jurisdiction. (Sec. 1)
3. Prohibits DHS from allowing a person to be an employee or contractor in an IT position or have access to vital records systems if the person has been denied a FPCC or has not received interim approval from the Board of Fingerprinting (Board). (Sec. 1)
4. Requires each county employee or contractor who has access to vital records systems to have a valid FPCC. (Sec. 1)
5. Prohibits a local registrar from allowing a person to be an employee or contractor with access to vital records systems if the person has been denied a FPCC or has not received interim approval from the Board. (Sec. 1)
Relating to Children and Vulnerable Adults
6. Requires each DHS employee who inspects facilities with children or vulnerable adults to have a valid FPCC or provide documentation to DHS that they have applied for a FPCC. (Sec. 1)
7. Specifies that each employee must certify on forms that they are not awaiting trial on or has not been convicted of any precluding offenses in this state or similar offenses in another state or jurisdiction. (Sec. 1)
8. Prohibits a person from being employed by DHS to inspect facilities with children or vulnerable adults if the person has been denied a FPCC or has not received an interim approval from the Board. (Sec. 1)
9. Defines vulnerable adult. (Sec. 1)
Relating to Child Care Personnel
10. Requires child care personnel to have a valid FPCC before starting employment or volunteer work, rather than applying for a FPCC within seven working days of employment or beginning volunteer work. (Sec. 2 and 3)
Relating to the Department of Public Safety
11. Requires the Director of DPS to authorize the exchange of information between the central state repository, or through the Arizona criminal justice information system for the purpose of evaluating the fitness of current and prospective employees:
a) For criminal justice agencies, DPS must conduct periodic state and federal criminal history records checks to update the status of current criminal justice employees or volunteers and may notify the criminal justice agency of the results of the records check; and
b) For noncriminal justice agencies, DPS must conduct periodic state and federal criminal history records checks for the purpose of updating the status of current licensees, employees, contract employees or volunteers and may notify the noncriminal justice agency of the results of the records check. (Sec. 6)
12. Permits DPS to submit fingerprints to the Federal Bureau of Investigation (FBI) to be retained for the purpose of being searched by future submissions to the FBI, including latent fingerprint searches for criminal justice agencies and noncriminal justice agencies. (Sec. 6)
Relating to the Department of Economic Security
13. Requires child care personnel to have a valid FPCC before being certified by the Department of Economic Security (DES) or residing or working in the home of a child care home provider. (Sec. 10)
14. Requires a child care home provider to obtain a valid FPCC before being registered with DES or residing in a setting that is certified or licensed by DES. (Sec. 11)
15. Adds a person who is 18 years of age or older and who works or resides in the home of a child care home provider to the definition of child care provider. (Sec. 11)
Miscellaneous
16. Allows DES and DHS to conduct background checks pursuant to the Child Care and Development Block Grant Act (Act) that are not included in the FPCC process for:
a) Employees and volunteers of child care providers;
b) All persons who are 18 years of age or older and work or reside in the home of a child care home provider;
c) Child care personnel; and
d) Child care providers. (Sec. 12)
17. Allows DES to enter into agreements with other government agencies to conduct background checks for the Act. (Sec. 12)
18. Repeals version two of A.R.S. § 41-619.51 and version two of A.R.S. § 41-1758 relating to definitions for the Board. (Sec. 5 and 8)
19. Makes the necessary inclusion in the fingerprinting statutes. (Sec. 4, 7 and 9)
20. Makes technical and conforming changes. (Secs. 4, 6, 7 and 11)
---------- DOCUMENT FOOTER ---------
SB 1504
Initials ES/BM Page 0 Caucus & COW
---------- DOCUMENT FOOTER ---------