NEW Background Check Requirements

Notice of Changes to Child Care Provider Background Checks Effective August 25, 2020

It is critical to ensure anyone working with or around children have the proper background checks to ensure the health and safety of everyone in the program. The new Arizona state law regarding background checks for child care providers and staff is effective beginning August 25, 2020, and requires that ALL checks are completed PRIOR to the employee start date and every 5 years thereafter.  

The new law applies to DHS Licensed Centers, DHS Group Homes, DES Certified Home Providers, and CCR&R Registered Providers.  The background checks are required for any individual who owns, operates, is employed by, substitutes for, or volunteers in  a child care center or home . If a child care provider is operating out of a home facility, background checks are also required for all household members in the home age 18 years and over, and backup providers. “Household member” means a person who does not provide child care services and who resides in the home facility of a provider for 21 consecutive days or longer or who resides periodically throughout the year for a total of at least 21 days.

The purpose of conducting background checks is to determine whether a person has any criminal background concerns or history of abuse and/or neglect that may pose a risk to the health and safety of children. There are eight types of background checks that the State of Arizona is authorized to perform:

• Arizona Level One Fingerprint Card 
  
  • National FBI Fingerprint Criminal History: A fingerprint-based search of both the Department of Public Safety (DPS) database of crimes committed in Arizona and the FBI database of crimes committed within the United States. 
  • In-State Criminal History: A fingerprint-based search of the DPS database of crimes committed in Arizona.
  • National Crime Information Center National Sex Offender Registry: A search of all 50 states, the District of Columbia, Puerto Rico, Guam, and numerous Indian tribe’s sex offender registry.
  • Arizona Sex Offender Registry: A search of Arizona’s sex offender registry.
• Arizona Child Abuse and Neglect Registry (Central Registry Check): A search of the Central Registry of substantiated cases of child abuse and neglect in Arizona. The Central Registry is maintained by the Arizona Department of Child Safety (DCS) and identifies people who have been found by DCS to have abused or neglected victims under age 18.
• Previous States of Residence Criminal History: A search of another state’s and/or territory’s database of crimes committed in the other state or territory and dispositions.
• Previous States of Residence Sex Offender Registry: A search of anothers state’s and/or territory’s sex offender registry.
• Previous States of Residence Child Abuse and Neglect Registry: A search of another state’s and/or territory’s records of reported child abuse and neglect cases that identifies people who have been found to have abused or neglected a child.

Offenses that Prevent Individuals from Being a Child Care Provider

Any person who is subject to registration as a sex offender in this Arizona or any other jurisdiction, or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the offenses listed at A.R.S. § 41-1758.07 in this state or the same or similar offenses in another state or jurisdiction, is precluded from receiving a Level One fingerprint clearance card.  

Appealable Offenses

A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the offenses listed at A.R.S. § 41-1758.07 in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a Level One fingerprint clearance card, except that the person may petition the Arizona Board of Fingerprinting for a good-cause exception.  For information regarding a good-cause exception, visit the Arizona Board of Fingerprinting.