Bill Text: AZ HB2529 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Child care personnel
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2013-04-29 - Governor Signed [HB2529 Detail]
Download: Arizona-2013-HB2529-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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CHAPTER 151
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HOUSE BILL 2529 |
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AN ACT
Amending sections 8-804 and 36-883, Arizona Revised Statutes; relating to child care.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-804, Arizona Revised Statutes, is amended to read:
8-804. Central registry; notification
A. The department of economic security 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 foster home licensing, adoptive parent certification, child care home certification, registration of unregulated child care homes with the child care resource and referral system, and home and community based services certification for services to children or vulnerable adults.
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 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.
4. Beginning August 1, 2013, to provide information, using the department of economic security's contracting requirements, 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.
5. To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk.
6. 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.
7. To allow comparisons of this state's statistical data with national data.
8. To comply with section 8‑804.01, subsection B.
C. Beginning August 1, 2013, 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 economic security in a manner prescribed by the department of economic security 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. If the department received a report before September 1, 1999 and determined that the report was substantiated, the department shall maintain the report in the central registry until eighteen years from the child victim's date of birth.
E. If the department received a report on or after September 1, 1999 and determined that the report was substantiated, the department shall maintain the report in the central registry for twenty‑five years after the date of the report.
F. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections D and E of this section.
G. Any person who was the subject of a child protective services investigation may request confirmation that the department has purged information about the person pursuant to subsection F 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.
H. The department of economic security shall notify a person, contractor or licensee identified in subsection B, paragraph 3, subdivisions (a), (b) and (c) and subsection B, paragraph 4 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.
I. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraph paragraphs 3 and 4 or subsection C of this section, employees shall certify, under penalty of perjury, on forms that are provided by the department of economic security 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.
J. 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.
K. An agency of the state that conducts central registry background checks as a factor to determine qualifications for positions that provide direct service to children or vulnerable adults shall publish a list of disqualifying acts of substantiated abuse or neglect.
L. An agency of the 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 the provisions of this section. Identifying information regarding any person other than the perpetrator cannot be released. Information received pursuant to this section cannot be further disseminated unless authorized by law or court order.
Sec. 2. Section 36-883, Arizona Revised Statutes, is amended to read:
36-883. Standards of care; rules; classifications
A. The director of the department of health services shall prescribe reasonable rules regarding the health, safety and well‑being of the children to be cared for in a child care facility. These rules shall include standards for the following:
1. Adequate physical facilities for the care of children such as building construction, fire protection, sanitation, sleeping facilities, isolation facilities, toilet facilities, heating, ventilation, indoor and outdoor activity areas and, if provided by the facility, transportation safely to and from the premises.
2. Adequate staffing per number and age groups of children by persons qualified by education or experience to meet their respective responsibilities in the care of children.
3. Activities, toys and equipment to enhance the development of each child.
4. Nutritious and well‑balanced food.
5. Encouragement of parental participation.
6. Exclusion of any person from the facility whose presence may be detrimental to the welfare of children.
B. The department shall adopt rules pursuant to title 41, chapter 6 and section 36‑115.
C. Any rule that relates to educational activities, physical examination, medical treatment or immunization shall include appropriate exemptions for children whose parents object on the ground that it conflicts with the tenets and practices of a recognized church or religious denomination of which the parent or child is an adherent or member.
D. The department of health services shall conduct a comprehensive review of its rules at least once every two years. Before conducting this review, the department shall consult with agencies and organizations that are knowledgeable about the provision of child care facilities to children including:
1. The department of economic security.
2. The department of education.
3. The state fire marshal.
4. The league of Arizona cities and towns.
5. Citizen groups.
6. Licensed child care facility representatives.
E. The department shall designate appropriate classifications and establish corresponding standards pertaining to the type of care offered. These classifications shall include:
1. Facilities offering infant care.
2. Facilities offering specific educational programs.
3. Facilities offering evening and nighttime care.
F. Rules for the operation of child care facilities shall be stated in a way that clearly states the purpose of each rule.
APPROVED BY THE GOVERNOR APRIL 29, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 30, 2013.
