Bill Text: AZ SB1056 | 2011 | Fiftieth Legislature 1st Regular | Introduced
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-Introduced.html
PREFILED JAN 07 2011
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REFERENCE TITLE: central registry; background checks |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1056 |
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Introduced by Senator Gray
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AN ACT
Amending sections 8-804 and 8-804.01, Arizona Revised Statutes; 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 use information contained in the central registry shall be used by the department only for the following purposes:
1. To conduct background checks as one 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 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. To conduct background checks as one 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 and prospective employees of a contractor.
(c) A subcontractor of a contractor and the subcontractor's employees and prospective employees.
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. 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. 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. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections C and D of this section.
F. 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 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.
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.
