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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
DCS information; central registry; exceptions
Purpose
Requires the Department of Child Safety (DCS) to provide all DCS and central registry information to the Board of Fingerprinting (Board) for purposes of determining central registry exceptions. Subjects any person who knowingly discloses confidential DCS or central registry information to a class 5 felony.
Background
DCS maintains a central
registry of information relating to child abuse and neglect which is used
to conduct background checks. The information gained from background checks IS
used to determine qualifications for: 1) foster home licensing; 2) adoptive
parent certification;
3) applicants requesting child welfare agency licensing; 4) child care home
certification;
5) registration of unregulated child care homes; 6) home and community based
services for children or vulnerable adults; and 7) employees or prospective
employees in a state or welfare agency position providing direct support to
children or vulnerable adults. The background checks are also used to identify
individual family reports to assess risk, identify statewide trends in abuse
and neglect and provide licenses for people working with children in a
behavioral health facility or providing treatment to patients with intellectual
disabilities. DCS notifies a person if they are disqualified due to a central
registry background check and that person may apply to the Board for a central
registry exception (A.R.S.
§ 8-804)
DCS information is all information DCS gathers during an investigation from the time a file is opened until it is closed, excluding information that is contained in child welfare agency licensing records (A.R.S. § 8-801).
The Board is the state agency responsible for reviewing applications for good-cause exceptions and DCS central registry exceptions from individuals who: 1) had a fingerprint card suspended or declined by the Department of Public Safety; or 2) had substantiated allegations of child abuse or neglect listed in the central registry. After review of a DCS central registry case, the Board may grant a central registry exception to an individual who has demonstrated rehabilitation and no threat to recidivate (Board).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS to provide all DCS information and all information in the central registry to the Board for purposes of determining central registry exceptions.
2. Applies a class 5 felony to any person found guilty of knowingly disclosing confidential DCS or central registry information.
3. Defines DCS information.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2025
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