Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers - Arizona

Date: September 2018

Who Needs Records Checks

Citation: Rev. Stat. §§ 8-112; 8-509; 8-514.03; 41-1750

Background checks must be completed for the following persons:

  • A prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent, except a birth or legal parent with custody of the child
  • A prospective foster parent and each other adult member of the household
  • A kinship foster care parent applicant who is not a licensed foster care parent and each member of the applicant's household who is at least age 18
  • Custodians or prospective custodians of juveniles, including parents, relatives, and prospective guardians
  • All current and prospective employees, contractors, and volunteers of a nonprofit organization that interacts with children or vulnerable adults

Types of Records That Must Be Checked

Citation: Rev. Stat. § 8-112

A background check includes the following:

  • A State and Federal criminal records check
  • A central registry records check, including any history of child welfare referrals

Process for Obtaining Records Checks

Citation: Rev. Stat. §§ 41-1758.02; 41-1758.03

The person, provider, or agency shall submit a full set of fingerprints to the Fingerprinting Division in the Department of Public Safety for the purpose of obtaining a State and Federal criminal history records check. If the person can present a valid fingerprint clearance card or credible documentation that the person's application for a fingerprint clearance card is pending, the person, provider, or agency is not required to submit another application for a fingerprint clearance card. The division may exchange this fingerprint data with the Federal Bureau of Investigation.

On receiving the State and Federal criminal history record of a person, the division shall compare the record with the list of criminal offenses that preclude the person from receiving a fingerprint clearance card. If the person's criminal history record does not contain any of the offenses listed below, the division shall issue the person a fingerprint clearance card.

Grounds for Disqualification

Citation: Rev. Stat. § 41-1758.03

A person is precluded from receiving a fingerprint clearance card if he or she is subject to registration as a sex offender in this State or any other jurisdiction or has been convicted of committing or attempting, soliciting, facilitating, or conspiring to commit, in this State or another State or jurisdiction, one or more of the following offenses:

  • Sexual abuse of a vulnerable adult
  • Incest
  • Murder
  • Sexual assault
  • Sexual exploitation of a minor or vulnerable adult
  • Commercial sexual exploitation of a minor or vulnerable adult
  • Child sex trafficking
  • Child abuse
  • Sexual conduct with a minor
  • Molestation of a child or vulnerable adult
  • A dangerous crime against children
  • Exploitation of minors involving drug offenses
  • Taking a child for the purpose of prostitution
  • Neglect or abuse of a vulnerable adult
  • Sex trafficking
  • Sexual abuse
  • Production, publication, sale, possession, and presentation of obscene items
  • Furnishing harmful items to minors
  • Furnishing harmful items to minors by Internet activity
  • Obscene or indecent telephone communications to minors for commercial purposes
  • Luring a minor for sexual exploitation
  • Enticement of persons for purposes of prostitution
  • Detention of persons in a house of prostitution for debt
  • Pandering
  • Transporting persons for the purpose of prostitution, polygamy, and concubinage
  • Admitting minors to public displays of sexual conduct
  • Unlawful sale or purchase of children
  • Child bigamy
  • Trafficking of persons for forced labor or services

A person is precluded from receiving a fingerprint clearance card for any of the following offenses, except that the person may petition for a good cause exception pursuant to § 41-619.55:

  • Manslaughter or negligent homicide
  • Endangerment
  • Threatening or intimidating
  • Assault
  • Unlawfully administering intoxicating liquors, narcotic drugs, or dangerous drugs
  • Assault by vicious animals
  • Drive-by shooting
  • Assaults on officers or firefighters
  • Discharging a firearm at a structure
  • Indecent exposure or public sexual indecency
  • Aggravated criminal damage
  • Theft
  • Forgery or criminal impersonation
  • Theft of a credit card or obtaining a credit card by fraudulent means
  • Misconduct involving weapons or explosives
  • Drug-related offenses
  • Adding poison or other harmful substance to food, drink, or medicine
  • Criminal trespass
  • Robbery or burglary
  • Child neglect
  • Contributing to the delinquency of a minor
  • Domestic violence
  • Arson
  • Kidnapping
  • Felony offenses involving the sale, distribution, or transportation of; the offer to sell, transport, or distribute; or conspiracy to sell, transport, or distribute marijuana, dangerous drugs, or narcotic drugs
  • Negligent homicide
  • Criminal damage
  • Misappropriation of charter school monies
  • Taking the identity of another person or entity
  • Trafficking in the identity of another person or entity
  • Cruelty to animals
  • The sale or distribution of material harmful to minors through vending machines
  • Welfare fraud