| 46 | 57 | | |
|---|
| 47 | 58 | | |
|---|
| 48 | 59 | | |
|---|
| 49 | 60 | | |
|---|
| 50 | 61 | | |
|---|
| 51 | 62 | | |
|---|
| 52 | 63 | | |
|---|
| 53 | 64 | | |
|---|
| 54 | 65 | | |
|---|
| 55 | 66 | | An Act |
|---|
| 56 | 67 | | |
|---|
| 57 | 68 | | |
|---|
| 58 | 69 | | |
|---|
| 59 | 70 | | amending section 8-804, Arizona Revised Statutes; amending title 8, chapter 4, article 8, Arizona Revised Statutes, by adding section 8-804.03; amending sections 8-807, 41-619.54 and 41-619.57, Arizona Revised Statutes; relating to the department of child safety. |
|---|
| 60 | 71 | | |
|---|
| 61 | 72 | | |
|---|
| 62 | 73 | | |
|---|
| 63 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 64 | 75 | | |
|---|
| 65 | 76 | | |
|---|
| 66 | 77 | | |
|---|
| 67 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-804, Arizona Revised Statutes, is amended to read: START_STATUTE8-804. Central registry; notification; definition A. The department shall maintain a central registry of child abuse and neglect. B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes: 1. As a factor to determine qualifications for any of the following: (a) Foster home licensing. (b) Adoptive parent certification. (c) Individuals who apply for child welfare agency licensing. (d) Child care home certification. (e) Registration of unregulated child care homes with the child care resource and referral system. (f) Home and community based services certification for services to children or vulnerable adults. (g) An adult who works in a group home, residential treatment center, shelter or other congregate care setting. 2. As a factor to determine qualifications for persons who are employed or who are applying for employment with this state in positions that provide direct service to children or vulnerable adults. 3. As a factor to determine qualifications for individuals who are employed or who are applying for employment with a child welfare agency in positions that provide direct service to children or vulnerable adults. 4. As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for: (a) Any person who applies for a contract with this state and that person's employees. (b) All employees of a contractor. (c) A subcontractor of a contractor and the subcontractor's employees. (d) Prospective employees of the contractor or subcontractor at the request of the prospective employer. 5. To provide information to licensees that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children pursuant to title 36, chapter 7.1. 6. To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk. 7. To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect. 8. To allow comparisons of this state's statistical data with national data. 9. To comply with section 8-804.01, subsection B. 10. To provide information to licensees described in subsection D of this section regarding persons who are employed or seeking employment to provide direct services to children in a licensed behavioral health residential facility. 11. To provide information to licensees regarding persons who are employed or seeking employment in an intermediate care facility for individuals with intellectual disabilities. C. Licensees that do not contract with the state and that employ persons who provide direct services to children pursuant to title 36, chapter 7.1 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether licensees, pursuant to title 36, chapter 7.1, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection. D. Licensees that do not contract with this state, that contract with the federal government, that receive only federal monies and that employ persons who provide direct services to children in a licensed behavioral health residential facility pursuant to title 36, chapter 4 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of child safety may charge a fee to licensees to conduct central registry background checks pursuant to this subsection. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, have complied with the requirements of this subsection. E. Licensees that employ persons to provide direct care in an intermediate care facility for individuals with intellectual disabilities must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, comply with the requirement of this subsection. F. The department shall maintain entries in the central registry in accordance with the rules adopted pursuant to section 8-804.02 for not more than twenty-five years after the date of a court finding of abuse or neglect. G. At least monthly the department shall purge central registry entries pursuant to the time frames established by rules adopted pursuant to section 8-804.02. H. Any person who was the subject of a department investigation may request confirmation that the department has purged information about the person pursuant to subsection G of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person. I. The department shall notify a person, contractor or licensee identified in subsection B, paragraph 4, subdivisions (a), (b) and (c) and subsection B, paragraphs 5, 10 and 11 of this section who is disqualified because of a central registry check conducted pursuant to subsection B of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41-619.57. J. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraphs 4, 5, 10 and 11 or subsections C, D and E of this section, employees shall certify, under penalty of perjury, on forms that are provided by the department whether an allegation of abuse or neglect was made against them and was placed on the central registry. The forms are confidential. If this certification does not indicate a current investigation or a substantiated report of abuse or neglect, the employee may provide direct services pending the findings of the central registry check. K. A person who is granted a central registry exception pursuant to section 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a central registry exception. L. An agency of this state that conducts central registry background checks as a factor to determine qualifications for positions that provide direct services to children or vulnerable adults shall publish a list of disqualifying acts of abuse or neglect. M. An agency of this state that conducts central registry background checks may provide information contained in the central registry on all reports of child abuse and neglect that are substantiated and the outcomes of the investigations of the reports to carry out this section. Identifying information regarding any person other than the perpetrator may not be released. Information received pursuant to this section may not be further disseminated unless authorized by law or court order. N. The department may enter into an agreement with another state agency to allow that agency to conduct the central registry background checks required by this section. O. The department shall provide all information in the central registry to the board of fingerprinting pursuant to section 8-804.03. O. P. For the purposes of this section, "intermediate care facility for individuals with intellectual disabilities" has the same meaning prescribed in section 36-551. END_STATUTE Sec. 2. Title 8, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 8-804.03, to read: START_STATUTE8-804.03. DCS information; central registry information; board of fingerprinting notwithstanding any other law, the department shall provide all DCS information and all information in the central registry established pursuant to section 8-804 that is required by the board of fingerprinting to the board of fingerprinting for the purpose of determining central registry exceptions pursuant to section 41-619.57.END_STATUTE Sec. 3. Section 8-807, Arizona Revised Statutes, is amended to read: START_STATUTE8-807. DCS information; public record; use; confidentiality; violation; classification A. DCS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to this state. All exceptions for the public release of DCS information shall be construed as openly as possible under federal law. B. The department, or a person who receives DCS information pursuant to this subsection, shall provide DCS information to a federal agency, a state agency, a tribal agency, a county or municipal agency, a law enforcement agency, a prosecutor, an attorney or a guardian ad litem representing a child victim of crime pursuant to article II, section 2.1, Constitution of Arizona, a school, a community service provider, a contract service provider or any other person that is providing services pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter: 1. To meet its duties to provide for the safety and permanency of a child, provide services to a parent, guardian or custodian or provide services to family members to strengthen the family pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter. 2. To enforce or prosecute any violation involving child abuse or neglect or to assert the rights of the child as a victim of a crime. 3. To provide information to a defendant after a criminal charge has been filed as required by an order of the criminal court. 4. To help investigate and prosecute any violation involving domestic violence as defined in section 13-3601 or violent sexual assault as prescribed in section 13-1423. C. The department shall disclose DCS information to a court, a party in a dependency or termination of parental rights proceeding or the party's attorney, the foster care review board or a court appointed special advocate for the purposes of and as prescribed in this title. D. The department shall disclose DCS information to a domestic relations, family or conciliation court if the DCS information is necessary to promote the safety and well-being of children. The court shall notify the parties that it has received the DCS information. E. A person or agent of a person who is the subject of DCS information shall have access to DCS information concerning that person. F. The department may provide: 1. DCS information to confirm, clarify, correct or supplement information concerning an allegation or actual instance of child abuse or neglect that has been made public by a source or sources outside the department. 2. DCS information to a person who is conducting bona fide research, the results of which might provide DCS information that is beneficial in improving the department. 3. Access to DCS information to the parent, guardian or custodian of a child if the DCS information is reasonably necessary to promote the safety, permanency and well-being of the child. 4. DCS information if an employee of the department has a reasonable belief that exigent circumstances exist. For the purposes of this paragraph, "exigent circumstances" means a condition or situation in which the death of or serious injury to a child will likely result in the near future without immediate intervention. G. The department shall disclose DCS information to a county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593. H. Access to DCS information in the central registry shall be provided as prescribed in section sections 8-804 and 8-804.03. I. To provide oversight of the department, the department shall provide access to DCS information to the following persons, if the DCS information is reasonably necessary for the person to perform the person's official duties: 1. Federal or state auditors. 2. Persons conducting any accreditation deemed necessary by the department. 3. A standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives for purposes of conducting investigations related to the legislative oversight of the department. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding. 4. A legislator who requests DCS information in the regular course of the legislator's duties. A legislator may discuss this information with another legislator. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding. To request a file pursuant to this paragraph: (a) The legislator shall submit a written request for DCS information to the presiding officer of the body of which the state legislator is a member. The request shall state the name of the person whose case file is to be reviewed and any other information that will assist the department in locating the file. The presiding officer may authorize a legislative staff member to attend with the legislator any meeting to review the file. (b) The presiding officer shall forward the request to the department within five working days of the receipt of the request. (c) The department shall make the necessary arrangements for the legislator to review the file at an office of the department, chosen by the legislator, within ten working days. 5. A citizen review panel as prescribed by federal law, a child fatality review team as provided in title 36, chapter 35 and the office of ombudsman-citizens aide. 6. An independent oversight committee established pursuant to section 41-3801. 7. The governor who shall not disclose any information unless a court has ordered the disclosure of the information, the information has been disclosed in a public or court record or the information has been disclosed in the course of a public meeting or court proceeding. J. A person who has been denied DCS information regarding a fatality or near fatality caused by abuse, abandonment or neglect pursuant to subsection L of this section or section 8-807.01 may bring a special action pursuant to section 39-121.02 in the superior court to order the department to release that DCS information. A legislator has standing to bring or to join a special action regarding the release of DCS information or to challenge the redaction of released DCS information. The plaintiff shall provide notice to the county attorney, who has standing and may participate in the action. The court shall review the requested records in camera and order disclosure consistent with subsections A and L of this section and section 8-807.01. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona. K. The department or a person who is not specifically authorized by this section to obtain DCS information may petition a judge of the superior court to order the department to release DCS information. The plaintiff shall provide notice to the county attorney and to the attorney and guardian ad litem for the child, who have standing and may participate in the action. The court shall review the requested records in camera and shall balance the rights of the parties who are entitled to confidentiality pursuant to this section against the rights of the parties who are seeking the release of the DCS information. The court may release otherwise confidential DCS information only if the rights of the parties seeking the DCS information and any benefits from releasing the DCS information outweigh the rights of the parties who are entitled to confidentiality and any harm that may result from releasing the DCS information. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona. L. Except as provided in subsection M of this section, before it releases records under this section or section 8-807.01, the department shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of a person who reports child abuse or neglect and to protect any other person if the department believes that disclosure of the DCS information would be likely to endanger the life or safety of any person. The department is not required by this section to disclose DCS information if the department demonstrates that disclosure would cause a specific, material harm to a department investigation. The department is not required by this section to disclose DCS information if, in consultation with the county attorney, the county attorney demonstrates that disclosure would cause a specific, material harm to a criminal investigation or prosecution. M. A person who is the subject of an unfounded report or complaint made pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter and who believes that the report or complaint was made in bad faith or with malicious intent may petition a judge of the superior court to order the department to release the DCS information. The petition shall specifically set forth reasons supporting the person's belief that the report or complaint was made in bad faith or with malicious intent. The court shall review the DCS information in camera and the person filing the petition shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the person making the report or complaint would not be likely to endanger the life or safety of the person making the report or complaint, it shall provide a copy of the DCS information to the person filing the petition and the original DCS information is subject to discovery in a subsequent civil action regarding the making of the report or complaint. N. The department shall provide the person who conducts a forensic medical evaluation with any records the person requests, including social history and family history regarding the child, the child's siblings and the child's parents or guardians. O. The department shall provide DCS information on request to a prospective adoptive parent, foster parent or guardian, if the information concerns a child the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care for. P. If the department receives information that is confidential by law, the department shall maintain the confidentiality of the information as prescribed in the applicable law. Q. A person may authorize the release of DCS information about the person but may not waive the confidentiality of DCS information concerning any other person. R. The department may provide a summary of the outcome of a department investigation to the person who reported the suspected child abuse or neglect. S. The department shall adopt rules to facilitate the accessibility of DCS information. T. The department or a person who receives DCS information pursuant to subsection B of this section shall provide DCS information to law enforcement and a court to protect the safety of any employee of the department or the office of the attorney general or to protect a family member of such an employee. U. A person who receives DCS information shall maintain the confidentiality of the information and shall not further disclose the information unless the disclosure is authorized by law or a court order. V. The department may charge a fee for copying costs required to prepare DCS information for release pursuant to this section or section 8-807.01. W. Unless explicitly prohibited by law, it is the public policy of this state that the department shall provide both of the following: 1. All DCS information and direct remote access to the department's automated case management system to the office of the ombudsman-citizen's aide and the auditor general. 2. Direct remote access to the department's automated case management system and any DCS information that is necessary to perform the foster care review board's statutory duties to the supreme court. X. A person who violates this section is guilty of a class 2 misdemeanor. END_STATUTE Sec. 4. Section 41-619.54, Arizona Revised Statutes, is amended to read: START_STATUTE41-619.54. Confidentiality of criminal record and central registry information; exception; reporting; violation; classification A. All criminal history record information and central registry information that is maintained by the board is confidential, except that criminal history record information and central registry information may be disclosed pursuant to a determination for a good cause exception pursuant to section 41-619.55 or pursuant to a central registry exception pursuant to section 41-619.57. B. Persons who are present at a good cause exception hearing or a central registry exception hearing shall not discuss or share any criminal history record information or central registry information outside of the good cause exception hearing. C. Except as provided in subsection D of this section, criminal history record information, central registry information, good cause exception determinations and hearings and central registry exception determinations and hearings are exempt from title 39, chapter 1. D. On or before December 1 of each year the board shall report the number of applications for a good cause exception and for a central registry exception and the number of good cause exceptions and central registry exceptions that were granted for the twelve month period ending September 30. The report shall itemize the number of applications and the number of applications granted for each of the sections listed in section 41-619.51, paragraph 5 6. For each of these sections, the report shall further itemize each offense listed in section 41-1758.03, subsections B and C and section 41-1758.07, subsections B and C for which a good cause exception was applied for and for which a good cause exception was granted. The board shall provide a copy of the report to the governor, the speaker of the house of representatives and the president of the senate. e. A person who knowingly discloses confidential DCS information or central registry information is guilty of a class 5 felony. For the purposes of this subsection, "DCS information" has the same meaning prescribed in section 8-801. END_STATUTE Sec. 5. Section 41-619.57, Arizona Revised Statutes, is amended to read: START_STATUTE41-619.57. Central registry exceptions; expedited review; hearing A. The board shall determine central registry exceptions pursuant to section 8-804. The board shall determine a central registry exception after an expedited review or after a central registry exception hearing. The board shall conduct an expedited review within twenty days after receiving an application for a central registry exception. B. Within forty-five days after conducting an expedited review, the board shall hold a central registry exception hearing if the board determines that the applicant does not qualify for a central registry exception under an expedited review but is qualified to apply for a central registry exception and the applicant submits an application for a central registry exception within the time limits prescribed by rule. C. When determining whether a person is eligible to receive a central registry exception pursuant to section 8-804, the board shall consider whether the person has shown to the board's satisfaction that the person is successfully rehabilitated and is not a recidivist. Before granting a central registry exception under expedited review, the board shall consider all of the criteria listed in subsection E of this section. D. The following persons shall be present during central registry exception hearings: 1. The board or its hearing officer. 2. The person who requested the central registry exception hearing. The person may be accompanied by a representative at the hearing. E. The board may grant a central registry exception at a hearing if the person shows to the board's satisfaction that the person is successfully rehabilitated and is not a recidivist. The board may consider the person's criminal record in determining if a person has been successfully rehabilitated. If the applicant fails to appear at the hearing without good cause, the board may deny a central registry exception. The board shall grant or deny a central registry exception within eighty days after the central registry exception hearing. Before granting a central registry exception at a hearing the board shall consider all of the following in accordance with board rule: 1. The extent of the person's central registry records. 2. The length of time that has elapsed since the abuse or neglect occurred. 3. The nature of the abuse or neglect. 4. Any applicable mitigating circumstances. 5. The degree to which the person participated in the abuse or neglect. 6. The extent of the person's rehabilitation, including: (a) Evidence of positive action to change the person's behavior, such as completion of counseling or a drug treatment, domestic violence or parenting program. (b) Personal references attesting to the person's rehabilitation. F. If the board grants a central registry exception to a person, the board shall notify the department of child safety, the department of economic security or the department of health services, as appropriate, in writing. G. A person who is granted a central registry exception is not entitled to have the person's report and investigation outcome purged from the central registry except as required pursuant to section 8-804, subsections G and H. H. Pending the outcome of a central registry exception determination, a central registry exception applicant may not provide direct services to children pursuant to title 36, chapter 7.1. i. The board shall have access to all dcs information and central registry information pursuant to sections 8-804, 8-804.03 and 8-807 for the purposes of determining a central registry exception. I. j. The board is exempt from chapter 6, article 10 of this title. END_STATUTE |
|---|
| 68 | 79 | | |
|---|
| 69 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
|---|
| 70 | 81 | | |
|---|
| 71 | 82 | | Section 1. Section 8-804, Arizona Revised Statutes, is amended to read: |
|---|
| 72 | 83 | | |
|---|
| 73 | 84 | | START_STATUTE8-804. Central registry; notification; definition |
|---|
| 74 | 85 | | |
|---|
| 75 | 86 | | A. The department shall maintain a central registry of child abuse and neglect. |
|---|
| 76 | 87 | | |
|---|
| 77 | 88 | | B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes: |
|---|
| 78 | 89 | | |
|---|
| 79 | 90 | | 1. As a factor to determine qualifications for any of the following: |
|---|
| 80 | 91 | | |
|---|
| 81 | 92 | | (a) Foster home licensing. |
|---|
| 82 | 93 | | |
|---|
| 83 | 94 | | (b) Adoptive parent certification. |
|---|
| 84 | 95 | | |
|---|
| 85 | 96 | | (c) Individuals who apply for child welfare agency licensing. |
|---|
| 86 | 97 | | |
|---|
| 87 | 98 | | (d) Child care home certification. |
|---|
| 88 | 99 | | |
|---|
| 89 | 100 | | (e) Registration of unregulated child care homes with the child care resource and referral system. |
|---|
| 90 | 101 | | |
|---|
| 91 | 102 | | (f) Home and community based services certification for services to children or vulnerable adults. |
|---|
| 92 | 103 | | |
|---|
| 93 | 104 | | (g) An adult who works in a group home, residential treatment center, shelter or other congregate care setting. |
|---|
| 94 | 105 | | |
|---|
| 95 | 106 | | 2. As a factor to determine qualifications for persons who are employed or who are applying for employment with this state in positions that provide direct service to children or vulnerable adults. |
|---|
| 96 | 107 | | |
|---|
| 97 | 108 | | 3. As a factor to determine qualifications for individuals who are employed or who are applying for employment with a child welfare agency in positions that provide direct service to children or vulnerable adults. |
|---|
| 98 | 109 | | |
|---|
| 99 | 110 | | 4. As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for: |
|---|
| 100 | 111 | | |
|---|
| 101 | 112 | | (a) Any person who applies for a contract with this state and that person's employees. |
|---|
| 102 | 113 | | |
|---|
| 103 | 114 | | (b) All employees of a contractor. |
|---|
| 104 | 115 | | |
|---|
| 105 | 116 | | (c) A subcontractor of a contractor and the subcontractor's employees. |
|---|
| 106 | 117 | | |
|---|
| 107 | 118 | | (d) Prospective employees of the contractor or subcontractor at the request of the prospective employer. |
|---|
| 108 | 119 | | |
|---|
| 109 | 120 | | 5. To provide information to licensees that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children pursuant to title 36, chapter 7.1. |
|---|
| 110 | 121 | | |
|---|
| 111 | 122 | | 6. To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk. |
|---|
| 112 | 123 | | |
|---|
| 113 | 124 | | 7. To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect. |
|---|
| 114 | 125 | | |
|---|
| 115 | 126 | | 8. To allow comparisons of this state's statistical data with national data. |
|---|
| 116 | 127 | | |
|---|
| 117 | 128 | | 9. To comply with section 8-804.01, subsection B. |
|---|
| 118 | 129 | | |
|---|
| 119 | 130 | | 10. To provide information to licensees described in subsection D of this section regarding persons who are employed or seeking employment to provide direct services to children in a licensed behavioral health residential facility. |
|---|
| 120 | 131 | | |
|---|
| 121 | 132 | | 11. To provide information to licensees regarding persons who are employed or seeking employment in an intermediate care facility for individuals with intellectual disabilities. |
|---|
| 122 | 133 | | |
|---|
| 123 | 134 | | C. Licensees that do not contract with the state and that employ persons who provide direct services to children pursuant to title 36, chapter 7.1 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether licensees, pursuant to title 36, chapter 7.1, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection. |
|---|
| 124 | 135 | | |
|---|
| 125 | 136 | | D. Licensees that do not contract with this state, that contract with the federal government, that receive only federal monies and that employ persons who provide direct services to children in a licensed behavioral health residential facility pursuant to title 36, chapter 4 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of child safety may charge a fee to licensees to conduct central registry background checks pursuant to this subsection. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, have complied with the requirements of this subsection. |
|---|
| 126 | 137 | | |
|---|
| 127 | 138 | | E. Licensees that employ persons to provide direct care in an intermediate care facility for individuals with intellectual disabilities must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether the licensees, pursuant to title 36, chapter 4, comply with the requirement of this subsection. |
|---|
| 128 | 139 | | |
|---|
| 129 | 140 | | F. The department shall maintain entries in the central registry in accordance with the rules adopted pursuant to section 8-804.02 for not more than twenty-five years after the date of a court finding of abuse or neglect. |
|---|
| 130 | 141 | | |
|---|
| 131 | 142 | | G. At least monthly the department shall purge central registry entries pursuant to the time frames established by rules adopted pursuant to section 8-804.02. |
|---|
| 132 | 143 | | |
|---|
| 133 | 144 | | H. Any person who was the subject of a department investigation may request confirmation that the department has purged information about the person pursuant to subsection G of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person. |
|---|
| 134 | 145 | | |
|---|
| 135 | 146 | | I. The department shall notify a person, contractor or licensee identified in subsection B, paragraph 4, subdivisions (a), (b) and (c) and subsection B, paragraphs 5, 10 and 11 of this section who is disqualified because of a central registry check conducted pursuant to subsection B of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41-619.57. |
|---|
| 136 | 147 | | |
|---|
| 137 | 148 | | J. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraphs 4, 5, 10 and 11 or subsections C, D and E of this section, employees shall certify, under penalty of perjury, on forms that are provided by the department whether an allegation of abuse or neglect was made against them and was placed on the central registry. The forms are confidential. If this certification does not indicate a current investigation or a substantiated report of abuse or neglect, the employee may provide direct services pending the findings of the central registry check. |
|---|
| 138 | 149 | | |
|---|
| 139 | 150 | | K. A person who is granted a central registry exception pursuant to section 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a central registry exception. |
|---|
| 140 | 151 | | |
|---|
| 141 | 152 | | L. An agency of this state that conducts central registry background checks as a factor to determine qualifications for positions that provide direct services to children or vulnerable adults shall publish a list of disqualifying acts of abuse or neglect. |
|---|
| 142 | 153 | | |
|---|
| 143 | 154 | | M. An agency of this state that conducts central registry background checks may provide information contained in the central registry on all reports of child abuse and neglect that are substantiated and the outcomes of the investigations of the reports to carry out this section. Identifying information regarding any person other than the perpetrator may not be released. Information received pursuant to this section may not be further disseminated unless authorized by law or court order. |
|---|
| 144 | 155 | | |
|---|
| 145 | 156 | | N. The department may enter into an agreement with another state agency to allow that agency to conduct the central registry background checks required by this section. |
|---|
| 146 | 157 | | |
|---|
| 147 | 158 | | O. The department shall provide all information in the central registry to the board of fingerprinting pursuant to section 8-804.03. |
|---|
| 148 | 159 | | |
|---|
| 149 | 160 | | O. P. For the purposes of this section, "intermediate care facility for individuals with intellectual disabilities" has the same meaning prescribed in section 36-551. END_STATUTE |
|---|
| 150 | 161 | | |
|---|
| 151 | 162 | | Sec. 2. Title 8, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 8-804.03, to read: |
|---|
| 152 | 163 | | |
|---|
| 153 | 164 | | START_STATUTE8-804.03. DCS information; central registry information; board of fingerprinting |
|---|
| 154 | 165 | | |
|---|
| 155 | 166 | | notwithstanding any other law, the department shall provide all DCS information and all information in the central registry established pursuant to section 8-804 that is required by the board of fingerprinting to the board of fingerprinting for the purpose of determining central registry exceptions pursuant to section 41-619.57.END_STATUTE |
|---|
| 156 | 167 | | |
|---|
| 157 | 168 | | Sec. 3. Section 8-807, Arizona Revised Statutes, is amended to read: |
|---|
| 158 | 169 | | |
|---|
| 159 | 170 | | START_STATUTE8-807. DCS information; public record; use; confidentiality; violation; classification |
|---|
| 160 | 171 | | |
|---|
| 161 | 172 | | A. DCS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to this state. All exceptions for the public release of DCS information shall be construed as openly as possible under federal law. |
|---|
| 162 | 173 | | |
|---|
| 163 | 174 | | B. The department, or a person who receives DCS information pursuant to this subsection, shall provide DCS information to a federal agency, a state agency, a tribal agency, a county or municipal agency, a law enforcement agency, a prosecutor, an attorney or a guardian ad litem representing a child victim of crime pursuant to article II, section 2.1, Constitution of Arizona, a school, a community service provider, a contract service provider or any other person that is providing services pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter: |
|---|
| 164 | 175 | | |
|---|
| 165 | 176 | | 1. To meet its duties to provide for the safety and permanency of a child, provide services to a parent, guardian or custodian or provide services to family members to strengthen the family pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter. |
|---|
| 166 | 177 | | |
|---|
| 167 | 178 | | 2. To enforce or prosecute any violation involving child abuse or neglect or to assert the rights of the child as a victim of a crime. |
|---|
| 168 | 179 | | |
|---|
| 169 | 180 | | 3. To provide information to a defendant after a criminal charge has been filed as required by an order of the criminal court. |
|---|
| 170 | 181 | | |
|---|
| 171 | 182 | | 4. To help investigate and prosecute any violation involving domestic violence as defined in section 13-3601 or violent sexual assault as prescribed in section 13-1423. |
|---|
| 172 | 183 | | |
|---|
| 173 | 184 | | C. The department shall disclose DCS information to a court, a party in a dependency or termination of parental rights proceeding or the party's attorney, the foster care review board or a court appointed special advocate for the purposes of and as prescribed in this title. |
|---|
| 174 | 185 | | |
|---|
| 175 | 186 | | D. The department shall disclose DCS information to a domestic relations, family or conciliation court if the DCS information is necessary to promote the safety and well-being of children. The court shall notify the parties that it has received the DCS information. |
|---|
| 176 | 187 | | |
|---|
| 177 | 188 | | E. A person or agent of a person who is the subject of DCS information shall have access to DCS information concerning that person. |
|---|
| 178 | 189 | | |
|---|
| 179 | 190 | | F. The department may provide: |
|---|
| 180 | 191 | | |
|---|
| 181 | 192 | | 1. DCS information to confirm, clarify, correct or supplement information concerning an allegation or actual instance of child abuse or neglect that has been made public by a source or sources outside the department. |
|---|
| 182 | 193 | | |
|---|
| 183 | 194 | | 2. DCS information to a person who is conducting bona fide research, the results of which might provide DCS information that is beneficial in improving the department. |
|---|
| 184 | 195 | | |
|---|
| 185 | 196 | | 3. Access to DCS information to the parent, guardian or custodian of a child if the DCS information is reasonably necessary to promote the safety, permanency and well-being of the child. |
|---|
| 186 | 197 | | |
|---|
| 187 | 198 | | 4. DCS information if an employee of the department has a reasonable belief that exigent circumstances exist. For the purposes of this paragraph, "exigent circumstances" means a condition or situation in which the death of or serious injury to a child will likely result in the near future without immediate intervention. |
|---|
| 188 | 199 | | |
|---|
| 189 | 200 | | G. The department shall disclose DCS information to a county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593. |
|---|
| 190 | 201 | | |
|---|
| 191 | 202 | | H. Access to DCS information in the central registry shall be provided as prescribed in section sections 8-804 and 8-804.03. |
|---|
| 192 | 203 | | |
|---|
| 193 | 204 | | I. To provide oversight of the department, the department shall provide access to DCS information to the following persons, if the DCS information is reasonably necessary for the person to perform the person's official duties: |
|---|
| 194 | 205 | | |
|---|
| 195 | 206 | | 1. Federal or state auditors. |
|---|
| 196 | 207 | | |
|---|
| 197 | 208 | | 2. Persons conducting any accreditation deemed necessary by the department. |
|---|
| 198 | 209 | | |
|---|
| 199 | 210 | | 3. A standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives for purposes of conducting investigations related to the legislative oversight of the department. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding. |
|---|
| 200 | 211 | | |
|---|
| 201 | 212 | | 4. A legislator who requests DCS information in the regular course of the legislator's duties. A legislator may discuss this information with another legislator. This information shall not be further disclosed unless a court has ordered the disclosure of this information, the information has been disclosed in a public or court record, or the information has been disclosed in the course of a public meeting or court proceeding. To request a file pursuant to this paragraph: |
|---|
| 202 | 213 | | |
|---|
| 203 | 214 | | (a) The legislator shall submit a written request for DCS information to the presiding officer of the body of which the state legislator is a member. The request shall state the name of the person whose case file is to be reviewed and any other information that will assist the department in locating the file. The presiding officer may authorize a legislative staff member to attend with the legislator any meeting to review the file. |
|---|
| 204 | 215 | | |
|---|
| 205 | 216 | | (b) The presiding officer shall forward the request to the department within five working days of the receipt of the request. |
|---|
| 206 | 217 | | |
|---|
| 207 | 218 | | (c) The department shall make the necessary arrangements for the legislator to review the file at an office of the department, chosen by the legislator, within ten working days. |
|---|
| 208 | 219 | | |
|---|
| 209 | 220 | | 5. A citizen review panel as prescribed by federal law, a child fatality review team as provided in title 36, chapter 35 and the office of ombudsman-citizens aide. |
|---|
| 210 | 221 | | |
|---|
| 211 | 222 | | 6. An independent oversight committee established pursuant to section 41-3801. |
|---|
| 212 | 223 | | |
|---|
| 213 | 224 | | 7. The governor who shall not disclose any information unless a court has ordered the disclosure of the information, the information has been disclosed in a public or court record or the information has been disclosed in the course of a public meeting or court proceeding. |
|---|
| 214 | 225 | | |
|---|
| 215 | 226 | | J. A person who has been denied DCS information regarding a fatality or near fatality caused by abuse, abandonment or neglect pursuant to subsection L of this section or section 8-807.01 may bring a special action pursuant to section 39-121.02 in the superior court to order the department to release that DCS information. A legislator has standing to bring or to join a special action regarding the release of DCS information or to challenge the redaction of released DCS information. The plaintiff shall provide notice to the county attorney, who has standing and may participate in the action. The court shall review the requested records in camera and order disclosure consistent with subsections A and L of this section and section 8-807.01. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona. |
|---|
| 216 | 227 | | |
|---|
| 217 | 228 | | K. The department or a person who is not specifically authorized by this section to obtain DCS information may petition a judge of the superior court to order the department to release DCS information. The plaintiff shall provide notice to the county attorney and to the attorney and guardian ad litem for the child, who have standing and may participate in the action. The court shall review the requested records in camera and shall balance the rights of the parties who are entitled to confidentiality pursuant to this section against the rights of the parties who are seeking the release of the DCS information. The court may release otherwise confidential DCS information only if the rights of the parties seeking the DCS information and any benefits from releasing the DCS information outweigh the rights of the parties who are entitled to confidentiality and any harm that may result from releasing the DCS information. The court shall take reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of Arizona. |
|---|
| 218 | 229 | | |
|---|
| 219 | 230 | | L. Except as provided in subsection M of this section, before it releases records under this section or section 8-807.01, the department shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of a person who reports child abuse or neglect and to protect any other person if the department believes that disclosure of the DCS information would be likely to endanger the life or safety of any person. The department is not required by this section to disclose DCS information if the department demonstrates that disclosure would cause a specific, material harm to a department investigation. The department is not required by this section to disclose DCS information if, in consultation with the county attorney, the county attorney demonstrates that disclosure would cause a specific, material harm to a criminal investigation or prosecution. |
|---|
| 220 | 231 | | |
|---|
| 221 | 232 | | M. A person who is the subject of an unfounded report or complaint made pursuant to this article or article 9, 10, 11, 12, 13 or 14 of this chapter and who believes that the report or complaint was made in bad faith or with malicious intent may petition a judge of the superior court to order the department to release the DCS information. The petition shall specifically set forth reasons supporting the person's belief that the report or complaint was made in bad faith or with malicious intent. The court shall review the DCS information in camera and the person filing the petition shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the person making the report or complaint would not be likely to endanger the life or safety of the person making the report or complaint, it shall provide a copy of the DCS information to the person filing the petition and the original DCS information is subject to discovery in a subsequent civil action regarding the making of the report or complaint. |
|---|
| 222 | 233 | | |
|---|
| 223 | 234 | | N. The department shall provide the person who conducts a forensic medical evaluation with any records the person requests, including social history and family history regarding the child, the child's siblings and the child's parents or guardians. |
|---|
| 224 | 235 | | |
|---|
| 225 | 236 | | O. The department shall provide DCS information on request to a prospective adoptive parent, foster parent or guardian, if the information concerns a child the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care for. |
|---|
| 226 | 237 | | |
|---|
| 227 | 238 | | P. If the department receives information that is confidential by law, the department shall maintain the confidentiality of the information as prescribed in the applicable law. |
|---|
| 228 | 239 | | |
|---|
| 229 | 240 | | Q. A person may authorize the release of DCS information about the person but may not waive the confidentiality of DCS information concerning any other person. |
|---|
| 230 | 241 | | |
|---|
| 231 | 242 | | R. The department may provide a summary of the outcome of a department investigation to the person who reported the suspected child abuse or neglect. |
|---|
| 232 | 243 | | |
|---|
| 233 | 244 | | S. The department shall adopt rules to facilitate the accessibility of DCS information. |
|---|
| 234 | 245 | | |
|---|
| 235 | 246 | | T. The department or a person who receives DCS information pursuant to subsection B of this section shall provide DCS information to law enforcement and a court to protect the safety of any employee of the department or the office of the attorney general or to protect a family member of such an employee. |
|---|
| 236 | 247 | | |
|---|
| 237 | 248 | | U. A person who receives DCS information shall maintain the confidentiality of the information and shall not further disclose the information unless the disclosure is authorized by law or a court order. |
|---|
| 238 | 249 | | |
|---|
| 239 | 250 | | V. The department may charge a fee for copying costs required to prepare DCS information for release pursuant to this section or section 8-807.01. |
|---|
| 240 | 251 | | |
|---|
| 241 | 252 | | W. Unless explicitly prohibited by law, it is the public policy of this state that the department shall provide both of the following: |
|---|
| 242 | 253 | | |
|---|
| 243 | 254 | | 1. All DCS information and direct remote access to the department's automated case management system to the office of the ombudsman-citizen's aide and the auditor general. |
|---|
| 244 | 255 | | |
|---|
| 245 | 256 | | 2. Direct remote access to the department's automated case management system and any DCS information that is necessary to perform the foster care review board's statutory duties to the supreme court. |
|---|
| 246 | 257 | | |
|---|
| 247 | 258 | | X. A person who violates this section is guilty of a class 2 misdemeanor. END_STATUTE |
|---|
| 248 | 259 | | |
|---|
| 249 | 260 | | Sec. 4. Section 41-619.54, Arizona Revised Statutes, is amended to read: |
|---|
| 250 | 261 | | |
|---|
| 251 | 262 | | START_STATUTE41-619.54. Confidentiality of criminal record and central registry information; exception; reporting; violation; classification |
|---|
| 252 | 263 | | |
|---|
| 253 | 264 | | A. All criminal history record information and central registry information that is maintained by the board is confidential, except that criminal history record information and central registry information may be disclosed pursuant to a determination for a good cause exception pursuant to section 41-619.55 or pursuant to a central registry exception pursuant to section 41-619.57. |
|---|
| 254 | 265 | | |
|---|
| 255 | 266 | | B. Persons who are present at a good cause exception hearing or a central registry exception hearing shall not discuss or share any criminal history record information or central registry information outside of the good cause exception hearing. |
|---|
| 256 | 267 | | |
|---|
| 257 | 268 | | C. Except as provided in subsection D of this section, criminal history record information, central registry information, good cause exception determinations and hearings and central registry exception determinations and hearings are exempt from title 39, chapter 1. |
|---|
| 258 | 269 | | |
|---|
| 259 | 270 | | D. On or before December 1 of each year the board shall report the number of applications for a good cause exception and for a central registry exception and the number of good cause exceptions and central registry exceptions that were granted for the twelve month period ending September 30. The report shall itemize the number of applications and the number of applications granted for each of the sections listed in section 41-619.51, paragraph 5 6. For each of these sections, the report shall further itemize each offense listed in section 41-1758.03, subsections B and C and section 41-1758.07, subsections B and C for which a good cause exception was applied for and for which a good cause exception was granted. The board shall provide a copy of the report to the governor, the speaker of the house of representatives and the president of the senate. |
|---|
| 260 | 271 | | |
|---|
| 261 | 272 | | e. A person who knowingly discloses confidential DCS information or central registry information is guilty of a class 5 felony. For the purposes of this subsection, "DCS information" has the same meaning prescribed in section 8-801. END_STATUTE |
|---|
| 262 | 273 | | |
|---|
| 263 | 274 | | Sec. 5. Section 41-619.57, Arizona Revised Statutes, is amended to read: |
|---|
| 264 | 275 | | |
|---|
| 265 | 276 | | START_STATUTE41-619.57. Central registry exceptions; expedited review; hearing |
|---|
| 266 | 277 | | |
|---|
| 267 | 278 | | A. The board shall determine central registry exceptions pursuant to section 8-804. The board shall determine a central registry exception after an expedited review or after a central registry exception hearing. The board shall conduct an expedited review within twenty days after receiving an application for a central registry exception. |
|---|
| 268 | 279 | | |
|---|
| 269 | 280 | | B. Within forty-five days after conducting an expedited review, the board shall hold a central registry exception hearing if the board determines that the applicant does not qualify for a central registry exception under an expedited review but is qualified to apply for a central registry exception and the applicant submits an application for a central registry exception within the time limits prescribed by rule. |
|---|
| 270 | 281 | | |
|---|
| 271 | 282 | | C. When determining whether a person is eligible to receive a central registry exception pursuant to section 8-804, the board shall consider whether the person has shown to the board's satisfaction that the person is successfully rehabilitated and is not a recidivist. Before granting a central registry exception under expedited review, the board shall consider all of the criteria listed in subsection E of this section. |
|---|
| 272 | 283 | | |
|---|
| 273 | 284 | | D. The following persons shall be present during central registry exception hearings: |
|---|
| 274 | 285 | | |
|---|
| 275 | 286 | | 1. The board or its hearing officer. |
|---|
| 276 | 287 | | |
|---|
| 277 | 288 | | 2. The person who requested the central registry exception hearing. The person may be accompanied by a representative at the hearing. |
|---|
| 278 | 289 | | |
|---|
| 279 | 290 | | E. The board may grant a central registry exception at a hearing if the person shows to the board's satisfaction that the person is successfully rehabilitated and is not a recidivist. The board may consider the person's criminal record in determining if a person has been successfully rehabilitated. If the applicant fails to appear at the hearing without good cause, the board may deny a central registry exception. The board shall grant or deny a central registry exception within eighty days after the central registry exception hearing. Before granting a central registry exception at a hearing the board shall consider all of the following in accordance with board rule: |
|---|
| 280 | 291 | | |
|---|
| 281 | 292 | | 1. The extent of the person's central registry records. |
|---|
| 282 | 293 | | |
|---|
| 283 | 294 | | 2. The length of time that has elapsed since the abuse or neglect occurred. |
|---|
| 284 | 295 | | |
|---|
| 285 | 296 | | 3. The nature of the abuse or neglect. |
|---|
| 286 | 297 | | |
|---|
| 287 | 298 | | 4. Any applicable mitigating circumstances. |
|---|
| 288 | 299 | | |
|---|
| 289 | 300 | | 5. The degree to which the person participated in the abuse or neglect. |
|---|
| 290 | 301 | | |
|---|
| 291 | 302 | | 6. The extent of the person's rehabilitation, including: |
|---|
| 292 | 303 | | |
|---|
| 293 | 304 | | (a) Evidence of positive action to change the person's behavior, such as completion of counseling or a drug treatment, domestic violence or parenting program. |
|---|
| 294 | 305 | | |
|---|
| 295 | 306 | | (b) Personal references attesting to the person's rehabilitation. |
|---|
| 296 | 307 | | |
|---|
| 297 | 308 | | F. If the board grants a central registry exception to a person, the board shall notify the department of child safety, the department of economic security or the department of health services, as appropriate, in writing. |
|---|
| 298 | 309 | | |
|---|
| 299 | 310 | | G. A person who is granted a central registry exception is not entitled to have the person's report and investigation outcome purged from the central registry except as required pursuant to section 8-804, subsections G and H. |
|---|
| 300 | 311 | | |
|---|
| 301 | 312 | | H. Pending the outcome of a central registry exception determination, a central registry exception applicant may not provide direct services to children pursuant to title 36, chapter 7.1. |
|---|
| 302 | 313 | | |
|---|
| 303 | 314 | | i. The board shall have access to all dcs information and central registry information pursuant to sections 8-804, 8-804.03 and 8-807 for the purposes of determining a central registry exception. |
|---|
| 304 | 315 | | |
|---|
| 305 | 316 | | I. j. The board is exempt from chapter 6, article 10 of this title. END_STATUTE |
|---|