A. Employees and volunteers of a domestic violence service provider shall have valid fingerprint clearance cards that are issued pursuant to Title 41, Chapter 12, Article 3.1 or shall apply for a fingerprint clearance card within seven working days of employment or beginning volunteer work. Federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that employees of a domestic violence service provider who are employed by a domestic violence service provider and who provide services directly to victims of domestic violence have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection B, paragraph 1 of this section.

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Terms Used In Arizona Laws 36-3008

  • Domestic violence: means attempting to cause or causing bodily injury to a family or household member or placing a family or household member by threat of force in fear of imminent physical harm. See Arizona Laws 36-3001
  • Domestic violence service provider: means a facility whose primary purpose is to provide services to family or household members who are victims of domestic violence, including:

    (a) Shelter for victims of domestic violence. See Arizona Laws 36-3001

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. Personnel shall certify on forms that are provided by the department and notarized that:

1. They are not awaiting trial on and have never been convicted of or admitted committing any of the criminal offenses listed in Section 41-1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.

2. They have not been denied a license to operate a facility that provides services for domestic violence victims in this state or another state or had a license to operate a facility that provides services for domestic violence victims revoked.

C. The notarized forms are confidential.

D. The domestic violence service provider shall make good faith efforts to contact previous employers to obtain information or recommendations that may be relevant to an individual’s fitness to work for the provider.

E. A domestic violence service provider shall notify the department of public safety if the provider receives credible evidence that a person who possesses a fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in Section 41-1758.03, subsection B.

2. Falsified information on the form required by subsection B of this section.