Section R9-5-203. Fingerprinting and Central Registry Background Check Requirements

A.      A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service:

1.        The form required in A.R.S. § 36-883.02(C); and

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

B.       Except as provided in A.R.S. § 41-1758.03, a licensee shall ensure that each staff member submits to the licensee a copy of:

1.        The staff member’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 the staff member submitted to the Department of Public Safety under A.R.S. § 41-1758.02 within seven working days after the staff member’s starting date of employment or volunteer service.

C.      A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid fingerprint clear- ance card each time the fingerprint clearance card is issued or renewed.

D.      If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:

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

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

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

F.       A licensee shall not allow an individual to be a staff member 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 or had revoked a certificate to operate a child care group home or a license to operate a child care facility for care of children in this state or another state;

5.        Has been denied or had revoked a certification to work in a child care facility or a child care group home in this state or another state;

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

Adopted effective December 12, 1986 (Supp. 86-6). Sec- tion repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8

A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by exempt rulemaking at 16 A.A.R. 1564,

effective September 30, 2010 (Supp. 10-3). Amended by exempt rulemaking at 19 A.A.R. 2612, effective August 1, 2013 (Supp. 13-3).