Section R9-3-202. Fingerprinting and Central Registry Background Check Requirements

A.      A certificate holder shall ensure that:

1.        A staff member completes, signs, dates, and submits to the certificate holder before the staff member’s starting date of employment or volunteer service:

a.        The form required in A.R.S. § 36-897.03(B); and

b.        If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I); and

2.        An adult resident completes, signs, dates, and submits to the certificate holder before the resident’s starting date of residency or the date of certification of the child care group home the form required in A.R.S. § 36-897.03(B).

B.       A certificate holder shall maintain documentation of a valid fingerprint clearance card issued under A.R.S. § 41-1758.03.

C.      Except as provided in A.R.S. § 41-1758.03, a certificate holder shall ensure that a staff member or adult resident submits to the certificate holder a copy of:

1.        The staff member’s or adult resident’s valid fingerprint clearance card issued under A.R.S. Title 41, Chapter 12, Article 3.1; or

2.        The fingerprint clearance card application that staff mem- ber or adult resident submitted to the Department of Pub- lic Safety under A.R.S. § 41-1758.02:

a.        For the staff member, within seven working days after the staff member’s starting date of employment or volunteer service; and

b.        For the adult resident, within seven working days after the resident’s starting date of residency or the date of certification of the child care group home.

D.      A certificate holder shall ensure that each individual who is a staff member or an adult resident submits to the certificate holder a copy of the individual’s valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed.

E.       If a staff member or resident possesses a fingerprint clearance card that was issued before the staff member or resident became a staff member or resident at the child care group home, a certificate holder shall:

1.        Contact the Department of Public Safety within seven working days after the individual becomes a staff mem- ber or resident to determine whether the fingerprint clear- ance card is valid; and

2.        Document this determination, including the name of the staff member or resident, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

F.       If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a certificate holder shall comply with the submission requirements in A.R.S. § 8- 804(C) for the individual.

G.      A certificate holder shall not allow an adult individual to be a staff member or a resident if the individual:

1.        Has  been  denied   a  fingerprint   clearance  card   under

A.R.S. Title 41, Chapter 12, Article 3.1, and has  not received an interim approval under A.R.S. § 41-619.55;

2.        Receives an interim approval under A.R.S. § 41-619.55 but is subsequently denied a good cause exception under

A.R.S. § 41-619.55 and a fingerprint clearance card under

A.R.S. Title 41, Chapter 12, Article 3.1;

3.        Is a parent or guardian of a child adjudicated to be a dependent child as defined in A.R.S. § 8-201;

4.        Has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state;

5.        Has had a license to operate a child care facility or certif- icate to operate a child care group home in this state or another state revoked for reasons related to the endanger- ment of the health and safety of children;

6.        If applicable, has stated on the form required in A.R.S. § 8-804(I) that the individual is currently under investiga- tion for an allegation of abuse or neglect or has a substan- tiated allegation of abuse or neglect and has not subsequently received a central registry exception according to A.R.S. § 41-619.57; or

7.        If applicable, is disqualified from employment or volun- teer service as a staff member according to A.R.S. § 8- 804 and has not subsequently received a central registry exception according to A.R.S. § 41-619.57.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1). Amended by exempt rulemaking at 17 A.A.R. 1530, effective September 30, 2011 (Supp. 11-3). Amended by exempt rulemaking at 19 A.A.R. 2607, effective August 1, 2013 (Supp.13-3).