Ariz. Admin. Code § 9-3-202

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-3-202 - Fingerprinting and Background Checks

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 and documentation of a valid background check document issued under A.R.S. § 46-811.

Except as provided in A.R.S. § 41-1758.03, a certificate holder shall ensure that a staff member before starting date of employment or volunteer service and an adult resident before starting date of residency or the date of certification of the child care group homes, submits a copy of a valid fingerprint clearance card, front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1.

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 a valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every six years.

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 before the individual becomes a staff member or resident to determine whether the fingerprint clearance 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. A certificate holder shall ensure each staff member and each adult resident submits to the certificate holder documentation of the staff member's or adult resident's valid:

1. Background check issued under A.R.S. § 46-811(A) within 10 calendar days after stating date of employment or volunteer service; and

2. Background check each time the background check document is issued or renewed every five years.

G. 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.

H. 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. Has been denied a background check document that indicates the adult individual is not eligible for employment due to violations identified pursuant to A.R.S. § 46-811;

3. Receives an interim approval under A.R.S. § 41-619.55 but is subsequently denied a good cause exception under A.R.S. § 41619.55 and a fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1;

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

5. 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;

6. Has had a license to operate a child care facility or certificate to operate a child care group home in this state or another state revoked for reasons related to the endangerment of the health and safety of children;

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

8. If applicable, is disqualified from employment or volunteer 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.

I. Within 30 calendar days after the day of a staff member's or adult resident's 18th birthday, the staff member or adult resident shall provide to the certificate holder copies of a valid fingerprint clearance card and a valid background check document specified in subsection (C).

J. Beginning November 1, 2021, certificate holders, staff members, and adult residents shall comply with A.R.S. § 46-811(A) and subsection (C)(2) by November 1, 2022.

Ariz. Admin. Code § R9-3-202

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 final expedited rulemaking at 26 A.A.R. 1969, effective 9/2/2020. Amended by final expedited rulemaking at 28 A.A.R. 1835, effective 7/7/2022.