Bill Text: AZ SB1247 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Residential care institutions; children

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-04-24 - Chapter 134 [SB1247 Detail]

Download: Arizona-2019-SB1247-Introduced.html

 

 

 

REFERENCE TITLE: residential care institutions; children

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

SB 1247

 

Introduced by

Senators Brophy McGee: Carter

 

 

AN ACT

 

Amending sections 8‑804, 36‑424 and 41‑619.57, Arizona Revised Statutes; relating to children.

 

 

(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:

START_STATUTE8-804.  Central registry; notification

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 foster home licensing, adoptive parent certification, individuals who apply for child welfare agency licensing, 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 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.  Beginning August 1, 2013, 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 that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children in a licensed residential care institution.

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 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.  Beginning on the effective date of this amendment to this section, licensees that do not contract with this state and that employ persons who provide direct services to children 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 health services shall verify whether the licensees, pursuant to title 36, chapter 4, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection.

D.  E.  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.

E.  F.  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.

F.  G.  The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections E and F of this section.

G.  H.  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 G 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.  I.  The department shall notify a person, contractor or licensee identified in subsection B, paragraph 4, subdivisions (a), (b) and (c) and subsection B, paragraph paragraphs 5 and 10 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.  J.  Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraphs 4, and 5 and 10 or subsection subsections C and D 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.

J.  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.

K.  L.  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.

L.  M.  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 the provisions of 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. END_STATUTE

Sec. 2.  Section 36-424, Arizona Revised Statutes, is amended to read:

START_STATUTE36-424.  Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators

A.  Subject to the limitation limit prescribed by subsection B of this section, the director shall inspect the premises of the health care institution and investigate the character and other qualifications of the applicant to ascertain whether the applicant and the health care institution are in substantial compliance with the requirements of this chapter and the rules established pursuant to this chapter.  The director may prescribe rules regarding department background investigations into an applicant's character and qualifications.

B.  The director shall accept proof that a health care institution is an accredited hospital or is an accredited health care institution in lieu of all compliance inspections required by this chapter if the director receives a copy of the institution's accreditation report for the licensure period.  If the health care institution's accreditation report is not valid for the entire licensure period, the department may conduct a compliance inspection of the health care institution during the time period the department does not have a valid accreditation report for the health care institution.  The director may not accept an accreditation report in lieu of any licensure or compliance inspection of a residential facility providing behavioral health services to children.

C.  On a determination by the director that there is reasonable cause to believe a health care institution is not adhering to the licensing requirements of this chapter, the director and any duly designated employee or agent of the director, including county health representatives and county or municipal fire inspectors, consistent with standard medical practices, may enter on and into the premises of any health care institution that is licensed or required to be licensed pursuant to this chapter at any reasonable time for the purpose of determining the state of compliance with this chapter, the rules adopted pursuant to this chapter and local fire ordinances or rules.  Any application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license.  If an inspection reveals that the health care institution is not adhering to the licensing requirements established pursuant to this chapter, the director may take action authorized by this chapter.  Any health care institution, including an accredited hospital, whose license has been suspended or revoked in accordance with this section is subject to inspection on application for relicensure or reinstatement of license.

D.  The director shall immediately report to the board of examiners of nursing care institution administrators information identifying that a nursing care institution administrator's conduct may be grounds for disciplinary action pursuant to section 36‑446.07. END_STATUTE

Sec. 3.  Section 41‑619.57, Arizona Revised Statutes, is amended to read:

START_STATUTE41-619.57.  Central registry exceptions; expedited review; hearing

A.  The board shall determine central registry exceptions for each substantiated report 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.  The board may consider the person's criminal record in determining if a person has been successfully rehabilitated.  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 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 child safety, 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 F and G and H.

H.  Pending the outcome of a central registry exception determination, a central registry exception applicant may not provide direct services to children pursuant to title 36, chapter 7.1.

I.  The board is exempt from chapter 6, article 10 of this title. END_STATUTE

Sec. 4.  Rulemaking; department of health services

The department of health services shall adopt rules requiring employees and personnel of residential facilities providing behavioral health services to children to report any abuse or neglect pursuant to section 13‑3620, Arizona Revised Statutes.

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