Ariz. Admin. Code § 6-5-7431

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-5-7431 - General Qualifications for Staff

A. A licensee shall ensure that all staff providing services to children and their families under the licensee's program are currently certified, registered, or licensed as required by state law.

B. As prescribed in A.R.S. § 46-141, all staff having direct contact with children, and any persons age 18 or older who live at a facility, excluding children in care, shall be fingerprinted and shall certify on notarized forms provided by the Department whether they:

1. Are awaiting trial on or have ever been convicted 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. Contributing to the delinquency of a minor;

i. Commercial sexual exploitation of a minor;

j. Felony offenses involving distribution of marijuana or dangerous or narcotic drugs;

k. Burglary;

l. Robbery;

m. A dangerous crime against children as defined in A.R.S. § 13-604.01;

n. Child abuse;

o. Sexual conduct with a minor;

p. Molestation of a child;

q. Manslaughter;

r. Aggravated assault; and

2. Have ever committed any of the acts listed in subsections (B)(1)(a), (g), (i), (m), (n), (o), and (p).

C. A licensee shall not knowingly employ, retain, or allow to reside at a facility, any staff, or person age 18 or above, who is awaiting trial on or has been convicted of any of the criminal offenses listed in subsection (B), or the same or similar offenses in another state or jurisdiction. A licensee shall not knowingly allow a person who has committed any of the offenses listed in subsection (B)(2) to have contact with children in care.

D. For all staff, a licensee shall:

1. Verify at least two years immediate, or most recent, past employment through reference checks;

2. Obtain at least three references from persons not related to the staff member by blood or marriage, who can attest to the staff member's character, knowledge, and skill.

E. The licensee shall document verification of the reference information required in subsection (D).

F. A licensee shall have staff providing direct care to children obtain a physical examination by a licensed medical practitioner before beginning assigned duties and at least every two years while working.

G. All staff shall be free from any communicable disease that poses a danger to children in care and shall have the capacity to perform the essential functions of that person's job.

H. Other adults who reside at the facility shall be free from communicable disease that poses a danger to children in care. Children who reside at the facility but are not in care shall have current immunizations and be free from communicable disease that poses a danger to children in care.

Ariz. Admin. Code § R6-5-7431

Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).