2005 Arizona Revised Statutes - Revised Statutes §36-897.01  Certification; application; fees; rules; fingerprinting

A. A child care group home shall be certified by the department. An application for certification or recertification shall be made on a form prescribed by the department and shall contain all information required by the department.

B. If a child care group home is within one-fourth mile of agriculture land, the application shall include the names and addresses of the owners and lessees of any agricultural land within one-fourth mile of the facility. Within ten days of receipt of an application for certification or recertification, the department shall notify the owners and lessees of agricultural land as listed on the application. The department shall deny any certification or recertification that affects agricultural land regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the department may certify or recertify the child care group home to be located within the affected buffer zone. The agreement may include any stipulations regarding the child care group home, including conditions for future expansion of the facility and changes in the operational status of the facility that will result in a breach of the agreement. This subsection applies to the renewal of a certification for a child care group home located in the same location if the child care group home certification was not previously issued under this subsection.

C. An application shall be accompanied by a nonrefundable application fee of thirty dollars.

D. The department shall issue a certificate if the department determines that the applicant and the applicant's child care group home are in substantial compliance with the requirements of this article and department rules and the facility agrees to carry out a plan acceptable to the director to eliminate any deficiencies.

E. A certificate is valid for three years and may be renewed for successive three-year periods by submitting an application for recertification as prescribed by the department and submitting a nonrefundable renewal fee of thirty dollars. An applicant for certification renewal who fails to submit the application forty-five days before the expiration of the certificate is subject to a twenty-five dollar late filing fee. Late filing fees collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

F. In order to ensure that the equipment and services of a child care group home and the good character of an applicant are conducive to the welfare of children, the department by rule shall establish the criteria for granting, denying, suspending and revoking a certificate.

G. The director shall adopt rules and prescribe forms as may be necessary for the proper administration and enforcement of this article.

H. The certificate shall be conspicuously posted in the child care group home for viewing by parents and the public.

I. Current department inspection reports shall be kept at the child care group home and shall be made available to parents on request.

J. A certificate is not transferable and is valid only for the location occupied at the time it is issued.

K. An applicant for a child care group home certificate shall submit the notarized form required pursuant to section 36-897.03, subsection B with the application and shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. Certification of the home and registration of the applicant are conditioned on receipt of the notarized form and possession of a valid fingerprint clearance card by the applicant.

L. The department of health services shall notify the department of public safety if the department of health services receives credible evidence that a person 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 K of this section.