Ariz. Admin. Code § 9-5-203

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

Section R9-5-203 - Fingerprinting and Background Check

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. A licensee shall maintain documentation of a valid fingerprint clearance card issued under A.R.S. § 41-1758.03 and valid background check document issued under in A.R.S. § 46-811.

Except as provided in A.R.S. § 41-1758.03, a licensee shall ensure that each staff member, before starting date of employment or volunteer service, submits to the licensee a copy of the staff member's valid fingerprint clearance card, front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1.

D. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member's valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every six years.

E. 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 before the individual becomes a staff member 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.

F. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member's valid:

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

2. Background check document each time a background check 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 licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

H. 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. Has been denied a background check document that indicates the 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 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;

6. 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;

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 volunteer's 18th birthday, the staff member or volunteer shall provide to the licensee copies of a valid fingerprint clearance card and background check document specified in subsection (C).

J. Beginning November 1, 2021, staff members shall comply with A.R.S. § 46-811(A) and subsection (F) by November 1, 2022.

Ariz. Admin. Code § R9-5-203

Adopted effective December 12, 1986 (Supp. 86-6). Section 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 final expedited rulemaking at 24 A.A.R. 3429, effective 12/5/2018. Amended by final expedited rulemaking at 28 A.A.R. 1845, effective 7/7/2022.