A. Sponsors, except military bases and federally recognized Indian tribes, receiving federal child care food program monies from the department of education shall register with the department of education in order to receive those monies, unless they are public schools, child care facilities licensed by the department of health services or child care homes certified by the department of economic security.

Terms Used In Arizona Laws 46-321

  • Child care personnel: means any person who supervises children in a day care home or center that receives child care food program monies under this article. See Arizona Laws 46-101
  • Contract: A legal written agreement that becomes binding when signed.
  • department: means the department of economic security. See Arizona Laws 46-101
  • Dependent: A person dependent for support upon another.
  • Dependent child: means a needy child who has been deprived of parental support or care by reason of the death, unemployment of the supporting parent as defined and prescribed by the rules of the department, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives who are responsible under the law for the child's support are not able to provide adequate care and support of the child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin in a place of residence maintained by one or more of such relatives as his or their own home or who is in the legal custody of the department of child safety and placed in a foster home or with an unrelated adult as a recipient of temporary assistance for needy families. See Arizona Laws 46-101
  • Domestic violence: means battered or subject to extreme cruelty as defined in section 408(a)(7)(C)(iii) of the social security act. See Arizona Laws 46-101
  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Minor: means a person under eighteen years of age. See Arizona Laws 1-215
  • Services: includes social casework, rehabilitation counseling and similar services rendered to a person or persons in need as provided for in this title. See Arizona Laws 46-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. Sponsors, except military bases and federally recognized Indian tribes, receiving federal child care food program monies as provided in subsection A of this section shall require all child care providers to submit the form prescribed in subsection F of this section to the department of education and to have valid fingerprint clearance cards issued pursuant to Title 41, Chapter 12, Article 3.1 or to apply for a fingerprint clearance card within seven working days of employment before they receive any of those monies.

C. Sponsors that are federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that any child care personnel who is employed or who will be employed during the contract term has not been convicted of, has not admitted to or is not awaiting trial on any of the offenses listed in subsection F of this section or is not the parent or guardian of a child adjudicated to be a dependent child as defined in section 8-201 or the parent or guardian of a child adjudicated a dependent child under similar provisions in another state or jurisdiction.

D. Sponsors that are federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that good faith efforts have been made to contact previous employers of tribal and military child care personnel.

E. The department of education shall charge sponsors receiving federal child care food program monies as provided in subsection A of this section for the costs of their fingerprint checks.

F. Sponsors receiving federal child care food program monies as provided in subsection A of this section shall require all child care personnel to certify on forms that are provided by the department of education and notarized that:

1. They are not awaiting trial on and have never been convicted of or admitted committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

(a) Sexual abuse of a minor.

(b) Incest.

(c) First or second degree murder.

(d) Kidnapping.

(e) Arson.

(f) Sexual assault.

(g) Sexual exploitation of a minor.

(h) Felony offenses involving contributing to the delinquency of a minor.

(i) Commercial sexual exploitation of a minor.

(j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

(k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

(l) Burglary.

(m) Aggravated or armed robbery.

(n) Robbery.

(o) A dangerous crime against children as defined in section 13-705.

(p) Child abuse.

(q) Sexual conduct with a minor.

(r) Molestation of a child.

(s) Manslaughter.

(t) Assault or aggravated assault.

(u) Exploitation of minors involving drug offenses.

(v) A violation of section 28-1381, 28-1382 or 28-1383.

(w) Offenses involving domestic violence.

2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have not been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.

G. Sponsors shall make documented, good faith efforts to contact previous employers of child care personnel who receive federal child care food program monies as provided in subsection A of this section to obtain information or recommendations that may be relevant to an individual’s fitness for child care.

H. The notarized forms are confidential.

I. The state board of education shall notify the department of public safety if the state board of education receives credible evidence that any child care provider who possesses a valid 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 F of this section.

 

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