First Regular Session H.B. 2227
PROPOSED
SENATE AMENDMENTS TO H.B. 2227
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 8-804, Arizona Revised Statutes, is amended to read:
8-804. Central registry; notification; definition
A. The department shall maintain a central registry of reports of child abuse and neglect that are substantiated and the outcome of the investigation of these reports made under this article. A finding made by a court pursuant to section 8-844, subsection C that a child is dependent based on an allegation of abuse or neglect shall be recorded as a substantiated finding of abuse or neglect. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports.
B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes:
1. As a factor to determine qualifications for any of the following:
(a) Foster home licensing.
(b) Adoptive parent certification.
(c) Individuals who apply for child welfare agency licensing.
(d) Child care home certification.
(e) Registration of unregulated child care homes with the child care resource and referral system.
(f) Home and community based services certification for services to children or vulnerable adults.
(g) An adult who works in a group home, residential treatment center, shelter or other congregate care setting.
(h) All employees and board members of an out-of-school time program provider that is registered pursuant to section 36-895 and the volunteers of the out-of-school time program provider who work with children.
2. As a factor to determine qualifications for persons who are employed or who are applying for employment with this state in positions that provide direct service to children or vulnerable adults.
3. As a factor to determine qualifications for individuals who are employed or who are applying for employment with a child welfare agency in positions that provide direct service to children or vulnerable adults.
4. As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:
(a) Any person who applies for a contract with this state and that person's employees.
(b) All employees of a contractor.
(c) A subcontractor of a contractor and the subcontractor's employees.
(d) Prospective employees of the contractor or subcontractor at the request of the prospective employer.
5. To provide information to licensees that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children pursuant to title 36, chapter 7.1.
6. To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk.
7. To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect.
8. To allow comparisons of this state's statistical data with national data.
9. To comply with section 8-804.01, subsection B.
10. To provide information to licensees described in subsection D of this section regarding persons who are employed or seeking employment to provide direct services to children in a licensed behavioral health residential facility.
11. To provide information to licensees regarding persons who are employed or seeking employment in an intermediate care facility for individuals with intellectual disabilities.
C. Licensees that do not contract with the state and that employ persons who provide direct services to children pursuant to title 36, chapter 7.1 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether licensees, pursuant to title 36, chapter 7.1, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection.
D. Licensees that do not contract with this state, that contract with the federal government, that receive only federal monies and that employ persons who provide direct services to children in a licensed behavioral health residential facility pursuant to title 36, chapter 4 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of child safety may charge a fee to licensees to conduct central registry background checks pursuant to this subsection. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, have complied with the requirements of this subsection.
E. Licensees that employ persons to provide direct care in an intermediate care facility for individuals with intellectual disabilities must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, comply with the requirement of this subsection.
F. If the department of economic security received a report before September 1, 1999 and determined that the report was substantiated, the department of child safety shall maintain the report in the central registry until eighteen years from the child victim's date of birth.
G. If the department of economic security or the department of child safety received a report on or after September 1, 1999 and determined that the report was substantiated, the department of child safety shall maintain the report in the central registry for a maximum of twenty-five years after the date of the report. If the department of child safety maintains reports in the central registry for less than twenty-five years, the department shall adopt rules to designate the length of time it must maintain those reports in the central registry.
H. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections F and G of this section.
I. Any person who was the subject of a department investigation may request confirmation that the department has purged information about the person pursuant to subsection H of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.
J. The department shall notify a person, contractor or licensee identified in subsection B, paragraph 4, subdivisions (a), (b) and (c) and subsection B, paragraphs 5, 10 and 11 of this section who is disqualified because of a central registry check conducted pursuant to subsection B of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41-619.57.
K. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraphs 4, 5, 10 and 11 or subsections C, D and E of this section, employees shall certify, under penalty of perjury, on forms that are provided by the department whether an allegation of abuse or neglect was made against them and was substantiated. The forms are confidential. If this certification does not indicate a current investigation or a substantiated report of abuse or neglect, the employee may provide direct services pending the findings of the central registry check.
L. A person who is granted a central registry exception pursuant to section 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a central registry exception.
M. An agency of this state that conducts central registry background checks as a factor to determine qualifications for positions that provide direct services to children or vulnerable adults shall publish a list of disqualifying acts of substantiated abuse or neglect.
N. An agency of this state that conducts central registry background checks may provide information contained in the central registry on all reports of child abuse and neglect that are substantiated and the outcomes of the investigations of the reports to carry out this section. Identifying information regarding any person other than the perpetrator may not be released. Information received pursuant to this section may not be further disseminated unless authorized by law or court order.
O. The department may enter into an agreement with another state agency to allow that agency to conduct the central registry background checks required by this section.
P. For the purposes of this section, "intermediate care facility for individuals with intellectual disabilities" has the same meaning prescribed in section 36-551."
Renumber to conform
Page 2, line 8, before "This" insert "A."
Line 40, strike "during"
Page 3, line 5, strike the comma insert "and"
Line 6, after the first "checks" strike remainder of line
Between lines 37 and 38, insert:
"B. The exemption in subsection A, paragraph 7 of this section does not apply to a child care provider that would otherwise meet another exemption in subsection A of this section or the requirements of licensure unless the provider that qualifies for the exemption in subsection A, paragraph 7 of this section submits to the department a notice of its intent to be exempt pursuant to subsection A, paragraph 7 of this section and registered pursuant to article 2 of this chapter. A provider may not be exempt pursuant to subsection A, paragraph 7 of this section without being registered pursuant to article 2 of this chapter.
Sec. 4. Section 36-891, Arizona Revised Statutes, is amended to read:
36-891. Civil penalty; inspection of child care facilities and out-of-school time program providers; training program
A. The director may impose a civil penalty on a person who violates this article or article 2 of this chapter or rules adopted pursuant to this article or article 2 of this chapter in an amount of not more than one hundred dollars $100 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice that includes the proposed amount of the civil penalty assessment. If a person requests a hearing to appeal an assessment, the director shall not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days on which the violation has been documented by the department.
B. In determining the civil penalty pursuant to subsection A of this section, the department shall consider the following:
1. Repeated violations of statutes or rules.
2. Patterns of noncompliance.
3. Types of violations.
4. The severity of violations.
5. The potential for and occurrences of actual harm.
6. Threats to health and safety.
7. The number of children affected by the violations.
8. The number of violations.
9. The size of the facility.
10. The length of time during which violations have been occurring.
C. If a civil penalty imposed pursuant to subsection A of this section is not paid, the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred.
D. Unless a license or registration is revoked or suspended, the director shall place the license of a child care facility or registration of an out-of-school time program provider subject to a civil penalty pursuant to subsection A of this section on provisional license or registration status for a period of time not to exceed six months in addition to other penalties imposed pursuant to this article.
E. Civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
F. The department shall develop an instrument that documents compliance and noncompliance of child care facilities according to the criteria prescribed in its rules governing child care facility licensure and compliance and noncompliance of registered out-0f-school time program providers according to criteria prescribed in the department's rules governing out-of-school time program provider registration pursuant to section 36-895. Blank copies of the instrument, which shall be in standardized form, shall be made available to the public.
G. The director shall establish a child care facility training program to provide training for child care facilities and users of child care services, technical assistance materials for child care facilities and information to enhance consumer awareness."
Renumber to conform
Page 3, line 43, strike "may" insert "shall"
Line 44, after "provider" insert "that applies for registration,"; after the comma insert "subsection A,"
Page 4, line 24, strike the comma insert "and"
Line 25, strike "and child abuse and neglect registry checks"
Page 7, line 10, after the period insert "The department shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of the fees collected pursuant to this subsection in the health services licensing fund established by section 36-414 and the remaining ten percent in the state general fund."
Amend title to conform