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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: HHS DP 7-0-0-0 | 3rd Read 26-3-1-0 |
SB 1438: DCS information; central registry; exceptions
Sponsor: Senator Werner, LD 4
Committee on Health & Human Services
Overview
Requires the Arizona Department of Child Safety (DCS) to provide all DCS and central registry information to the Board of Fingerprinting (Board) for purposes of determining central registry exceptions. Declares any person who knowingly discloses confidential DCS or central registry information guilty of a class 5 felony.
History
DCS is required to maintain a central registry of child abuse and neglect. DCS must conduct central registry background checks and use the information contained in the central registry to determine qualifications for: 1) foster home licensing; 2) adoptive parent certification; 3) individuals applying for child welfare agency licensing; 4) child care home certification; 5) registration of unregulated child care homes; 6) home and community based services for children or vulnerable adults; and 7) employees or prospective employees in a state or welfare agency position providing direct support to children or vulnerable adults.
Additionally, the background checks are used to: 1) identify and review reports concerning individual children and families in order to facilitate the assessment of safety and risk; 2) determine the nature and scope of child abuse and neglect in this state and provide statewide statistical and demographic information concerning trends in child abuse and neglect; 3) allow comparisons of this state's statistical data with national data; 4) provide information to licensees regarding persons who are employed or seeking employment in an intermediate care facility for individuals with intellectual disabilities; and 5) provide information to licensees regarding persons who are employed or seeking employment to provide direct services to children in a licensed behavioral health residential facility (A.R.S. § 8-804).
DCS information includes all information DCS gathers during an investigation from the time a file is opened and until it is closed. This does not include information that is contained in child welfare agency licensing records (A.R.S. § 8-801).
The Board is tasked with reviewing applications for good-cause exceptions and central-registry exceptions from individuals who: 1) had a fingerprint card suspended or declined by the Department of Public Safety; or 2) had substantiated allegations of child abuse or neglect listed in the central registry. After review of a DCS central registry case, the Board may grant a central registry exception to an individual who has demonstrated rehabilitation and no threat to recidivate (Board).
Provisions
1. Directs DCS to provide all DCS information and all information in the central registry to the Board for the purpose of determining central registry exceptions. (Sec. 1, 2 and 5)
2. Classifies any person who knowingly discloses confidential DCS or central registry information as a class 5 felony. (Sec. 4)
3. Defines DCS information. (Sec. 4)
4. Makes conforming and technical changes. (Sec. 1,3, 4 and 5)
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8. SB 1438
9. Initials AG/AB Page 0 Health & Human Services
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