Bill Text: AZ SB1056 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Central registry; background checks
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-04-18 - House Committee of the Whole action: Do Pass Amended [SB1056 Detail]
Download: Arizona-2011-SB1056-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1056 |
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AN ACT
amending sections 8‑804, 8‑804.01, 38‑431.08, 41‑619.51, 41‑619.53 and 41‑619.54, Arizona Revised Statutes; amending title 41, chapter 3, article 12, Arizona Revised Statutes, by adding section 41‑619.57; relating to protective services.
(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 upon 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 shall be used by the department only for the following purposes:
1. To conduct background checks As one 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. To conduct background checks As one 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 and persons applying for contracts with this state, including employees of the potential contractor, for 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.
3. 4. To identify and review reports concerning individual children and families, in order to facilitate the assessment of risk.
4. 5. 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.
5. 6. To allow comparisons of this state's statistical data with national data.
6. 7. To comply with section 8‑804.01, subsection B.
C. The department of health services shall use information in the central registry to determine qualifications for child care licensure, child care group home certification or positions that provide direct services to children pursuant to title 36, chapter 7.1.
C. 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.
D. 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.
E. F. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections C D and D E of this section.
F. 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 E 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 or contractor identified in subsection B, paragraph 3, subdivisions (a) through (c) 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. The department of health services shall notify a person identified in subsection C of this section who is disqualified because of a central registry check conducted pursuant to subsection c of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41-619.57.
J. Before being employed or within seven working days of being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraph 3 or subsection c of this section, employees shall certify on forms that are provided by the department of economic security or the department of health services, as appropriate, whether an allegation of abuse or neglect was made against them and was substantiated. The forms are confidential.
K. 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.
Sec. 2. Section 8-804.01, Arizona Revised Statutes, is amended to read:
8-804.01. Maintenance of reports; records
A. All reports of child abuse and neglect and related records shall be maintained in the department's case management information system in accordance with the time frames established in the department's records retention schedule.
B. In addition to the purposes prescribed in section 8‑807, reports and related records maintained pursuant to subsection A of this section shall be used by the department only for the following purposes:
1. To assess the safety and risk to a child when conducting an investigation or identification of abuse or neglect.
2. To determine placement for a child that is the least restrictive setting.
3. To determine the type and level of services and treatment provided to the child and the child's family.
4. To assist in a criminal investigation or prosecution of child abuse or neglect.
5. To meet state and federal reporting requirements.
C. Notwithstanding section 8‑807 and except as otherwise provided by law, reports and related records maintained pursuant to subsection A of this section shall not be used for purposes of employment or background checks, except for background checks conducted pursuant to section 8‑804, subsection B, paragraph 1. Only information contained in the central registry may be used to conduct background checks pursuant to section 8-804, subsection B.
D. If probable cause exists that abuse or neglect of a child has occurred, the department shall record this finding. The department may make this finding independent of whether a specific person is identified as responsible for the abuse or neglect.
E. If the department is unable to locate a child who is the subject of a report of abuse or neglect, the department shall record this finding separate from its other findings.
F. Subject to the requirements of sections 8‑804 and 8‑811, whenever possible, the department shall determine if a specific person is responsible for the abuse or neglect of a child.
Sec. 3. Section 38-431.08, Arizona Revised Statutes, is amended to read:
38-431.08. Exceptions; limitation
A. This article does not apply to:
1. Any judicial proceeding of any court or any political caucus of the legislature.
2. Any conference committee of the legislature, except that all such meetings shall be open to the public.
3. The commissions on appellate and trial court appointments and the commission on judicial qualifications.
4. Good cause exception and central registry exception determinations and hearings conducted by the board of fingerprinting pursuant to section sections 41‑619.55 and 41-619.57.
B. A hearing held within a prison facility by the board of executive clemency is subject to this article, except that the director of the state department of corrections may:
1. Prohibit, on written findings that are made public within five days of so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison.
2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification which verifies the person's signature.
3. Prevent and prohibit any articles from being taken into a hearing except recording devices, and if the person who attends a hearing is a member of the media, cameras.
4. Require that a person who attends a hearing submit to a reasonable search on entering the facility.
C. The exclusive remedies available to any person who is denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38‑431.07, as against the director only.
D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article or to allow standing or conference committees to meet through technological devices rather than only in person.
Sec. 4. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the state real estate department or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.
3. 4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
4. 5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
5. 6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject tO a central registry check and any of the following:
(a) Section 8-105.
(b) Section 8‑322.
(c) Section 8-509.
(d) Section 8‑802.
(e) Section 8-804.
(f) section 8-804.01.
(e) (g) Section 15‑183.
(f) (h) Section 15‑534.
(g) (i) Section 15‑1330.
(h) (j) Section 15-1881.
(i) (k) Section 26-103.
(j) (l) Section 32‑2108.01.
(k) (m) Section 32‑2123.
(l) (n) Section 36‑411.
(m) (o) Section 36‑425.03.
(n) (p) Section 36-446.04.
(o) (q) Section 36‑594.01.
(p) (r) Section 36‑594.02.
(q) (s) Section 36‑882.
(r) (t) Section 36‑883.02.
(s) (u) Section 36‑897.01.
(t) (v) Section 36‑897.03.
(u) (w) Section 36‑3008.
(v) (x) Section 41-619.53.
(w) (y) Section 41‑1964.
(x) (z) Section 41‑1967.01.
(y) (aa) Section 41‑1968.
(z) (bb) Section 41-1969.
(aa) (cc) Section 41‑2814.
(bb) (dd) Section 46‑141, subsection A.
(cc) (ee) Section 46‑321.
Sec. 5. Section 41-619.53, Arizona Revised Statutes, is amended to read:
41-619.53. Board of fingerprinting; powers and duties; personnel; liability
A. The board of fingerprinting shall:
1. Determine good cause exceptions pursuant to section 41‑619.55 and central registry exceptions pursuant to section 41-619.57. The board may appoint a hearing officer to recommend that an applicant be granted or denied a good cause exception or central registry exception after the hearing officer conducts an expedited review or a good cause exception hearing or a central registry exception hearing.
2. Adopt rules to implement this article, including rules to establish good cause exceptions for the issuance of fingerprint clearance cards pursuant to sections 41‑1758.03 and 41‑1758.07 and central registry exceptions pursuant to section 8-804. This rule making is exempt from the requirements of chapter 6 of this title.
3. Administer and enforce this article and rules adopted pursuant to this article.
4. Furnish a copy of its rules, on request, to all applicants who petition the board for a good cause exception pursuant to sections 41‑1758.03 and 41-1758.07 OR central registry exceptions pursuant to section 8-804 and, on request, to licensees, contract providers and state agencies.
5. Establish fees.
B. In order to grant a good cause exception or a central registry exception, a majority plus an additional member, of the members present, must vote to approve the application. If the board grants a good cause exception, the board shall request in writing that the department of public safety issue a card to the applicant. If the board grants a central registry exception, the board shall notify the department of economic security or the department of health services, as appropriate, in writing.
C. The board may employ clerical, professional and technical personnel subject to fee monies that are collected and to the budget that is approved by the board members and shall prescribe personnel duties and determine personnel compensation. Personnel employed by the board must have a valid fingerprint clearance card issued pursuant to section 41‑1758.07. If the applicant is denied a fingerprint clearance card, in order to be employed by the board, the board must grant a good cause exception pursuant to this article by a unanimous vote.
D. In making any recommendation to the board to grant or deny a good cause exception or central registry exception, the hearing officer shall consider all of the reasons and criteria prescribed in section 41-619.55, subsection E or section 41-619.57, subsection E.
E. Members and employees of the board are not liable for acts done or actions taken by any board member or employee if the members or employees act in good faith following the requirements of this article.
Sec. 6. Section 41-619.54, Arizona Revised Statutes, is amended to read:
41-619.54. Confidentiality of criminal record information; exception; reporting
A. All criminal history record information and central registry information that is maintained by the board is confidential, except that criminal history record information and central registry information may be disclosed pursuant to a determination for a good cause exception pursuant to section 41‑619.55 or pursuant to a central registry exception pursuant to section 41-619.57.
B. Persons who are present at a good cause exception hearing or a central registry exception hearing shall not discuss or share any criminal history record information or central registry information outside of the good cause exception hearing.
C. Except as provided in subsection D of this section, criminal history record information, central registry information, and good cause exception determinations, central registry exception determinations and hearings are exempt from title 39, chapter 1.
D. On or before December 1 of each year the board shall report the number of applications for a good cause exception and for a central registry exception and the number of good cause exceptions and central registry exceptions that were granted for the twelve month period ending September 30. The report shall itemize the number of applications and the number of applications granted for each of the sections listed in section 41‑619.51, paragraph 5. For each of these sections, the report shall further itemize each offense listed in section 41‑1758.03, subsections B and C and section 41-1758.07, subsections B and C for which a good cause exception was applied for and for which a good cause exception was granted. The board shall provide a copy of the report to the governor, the speaker of the house of representatives and the president of the senate.
Sec. 7. Title 41, chapter 3, article 12, Arizona Revised Statutes, is amended by adding section 41-619.57, to read:
41-619.57. Central registry exceptions; expedited review; hearing
A. The board shall determine central registry exceptions regarding substantiated reports pursuant to section 8-804. The board shall determine a central registry exception after an expedited review or after a central registry exception hearing. The board shall conduct an expedited review within twenty days after receiving an application for a central registry exception.
B. Within forty-five days after conducting an expedited review, the board shall hold a central registry exception hearing if the board determines that the applicant does not qualify for a central registry exception under an expedited review but is qualified to apply for a central registry exception and the applicant submits an application for a central registry exception within the time limits prescribed by rule.
C. When determining whether a person is eligible to receive a central registry exception pursuant to section 8-804, the board shall consider whether the person has shown to the board’s satisfaction that the person is successfully rehabilitated and is not a recidivist. Before granting a central registry exception under expedited review, the board shall consider all of the criteria listed in subsection E of this section.
D. The following persons shall be present during central registry exception hearings:
1. The board or its hearing officer.
2. The person who requested the central registry exception hearing. The person may be accompanied by a representative at the hearing.
E. The board may grant a central registry exception at a hearing if the person shows to the board's satisfaction that the person is successfully rehabilitated and is not a recidivist. If the applicant fails to appear at the hearing without good cause, the board may deny a central registry exception. The board shall grant or deny a central registry exception within eighty days after the central registry exception hearing. Before granting a central registry exception at a hearing the board shall consider all of the following in accordance with board rule:
1. The extent of the person's criminal AND CENTRAL REGISTRY recordS.
2. The length of time that has elapsed since the abuse or neglect occurred.
3. The nature of the abuse or neglect.
4. Any applicable mitigating circumstances.
5. The degree to which the person participated in the abuse or neglect.
6. The extent of the person's rehabilitation, including:
(a) Evidence of positive action to change the person's behavior, such as completion of counseling or a drug treatment, domestic violence or parenting program.
(b) Personal references attesting to the person's rehabilitation.
F. If the board grants a central registry exception to a person, the board shall notify the department of economic security or the department of health services, as appropriate, in writing.
G. A person who is granted a central registry exception is not entitled to have the person’s report and investigation outcome purged from the central registry except as required pursuant to section 8-804, subsections D and E.
H. Pending the outcome of a central registry exception determination, the board or its hearing officer may issue interim approval in accordance with board rule to continue working to a central registry exception applicant.
I. The board is exempt from chapter 6, article 10 of this title.
Sec. 8. Exemption from rule making
For the purposes of this act, the board of fingerprinting is exempt
from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.
