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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
department of child safety; fees
Purpose
An emergency measure that authorizes the Department of Child Safety (DCS) to establish and collect fees from noncontracting licensees and establishes the Child Welfare Licensing Fee Fund (Fund).
Background
Established in 2014, DCS's primary purpose is to protect children through investigation, assessment and support for the safety of children from abuse, neglect and other criminal conduct allegations. DCS is required to coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services without compromising child safety (A.R.S. § 8-451).
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) childcare home certification; 5) registration of unregulated childcare homes with the childcare resource and referral system; and 6) community-based services certification for services to children or vulnerable adults.
Additionally, DCS utilizes the central registry to perform background checks and to determine qualifications for the following, if they provide direct services 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 state contractors and subcontractors. Statute requires licensees that do not contract with the state and that employ persons who provide direct services to children childcare program settings to submit information to DCS for the purpose of conducting a central registry background check (A.R.S. § 8-804).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Authorizes DCS to establish and collect fees from noncontracting licensees to cover costs of licensing and supervising noncontracting licensees.
2. Establishes the Fund to be administered by DCS and consist of all fees collected by DCS from noncontracting licensees and monies appropriated by the Legislature.
3. Directs DCS to deposit all monies collected from noncontracting license fees in the Fund.
4. Specifies that Fund monies are subject to legislative appropriation and exempt from lapsing.
5. Directs the State Treasurer, on notice from the DCS Director, to invest and divest Fund monies and credit monies earned from investments to the Fund.
6. Stipulates that Fund monies be used to pay the costs incurred by DCS for the following:
a) the issuance of licenses to noncontracting licensees; and
b) the inspection, examination, suspension, denial, revocation or change of licenses of noncontracting licensees.
7. Asserts that authorized fees that are deposited in the Fund are held in trust.
8. Requires Fund monies to be used only for purposes prescribed in statute and prohibits monies in the Fund from being appropriated to the state General Fund.
9. Permits DCS to charge licensees that do not contract with Arizona, that do not receive federal monies, and that employ individuals who provide direct services to children in a licensed behavioral health residential facility, a fee for the purpose of conducting central registry background checks.
10. Defines noncontracting licensee.
11. Makes technical and conforming changes.
12. Becomes effective on the signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee of the Whole
· Adds an emergency clause.
House Action Senate Action
HHS 2/1/21 DP 8-1-0-0 HHS 3/3/21 DP 7-0-1
3rd Read 2/11/21 54-5-1
Prepared by Senate Research
March 11, 2021
CRS/kja