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.
C.
Except as
provided in A.R.S. §
41-1758.03,
a certificate holder shall ensure that a staff member or adult resident submits
a copy of:
1. A valid fingerprint clearance
card, front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1;
or
2. The fingerprint clearance card
application that was submitted to the Department of Public 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 before the resident's starting date of residency or
the date of certification of the child care group home.
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.
F.
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.
G.
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;
2.
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;
3.
4. Is a parent or guardian of a child adjudicated to
be a dependent child as defined in A.R.S. §
8-201;
4.
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;
5.
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;
6.
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
7.
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.
