Stricken language would be deleted from and underlined language would be added to present law.
Act 269 of the Regular Session
1 State of Arkansas As Engrossed: H2/3/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1270
4
5 By: Representative C. Fite
6 By: Senator J. Hendren
7
8 For An Act To Be Entitled
9 AN ACT TO DEFINE "CHILDCARE INSTITUTION" UNDER THE
10 CHILD WELFARE AGENCY LICENSING ACT; TO AMEND THE LAW
11 CONCERNING CRIMINAL RECORD AND CHILD MALTREATMENT
12 CHECKS UNDER THE CHILD WELFARE AGENCY LICENSING ACT;
13 AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO DEFINE "CHILDCARE INSTITUTION" UNDER
18 THE CHILD WELFARE AGENCY LICENSING ACT;
19 AND TO AMEND THE LAW CONCERNING CRIMINAL
20 RECORD AND CHILD MALTREATMENT CHECKS
21 UNDER THE CHILD WELFARE AGENCY LICENSING
22 ACT.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code 9-28-402, concerning definitions applicable
28 to the Child Welfare Agency Licensing Act, is amended to add an additional
29 subdivision to read as follows:
30 (29)(A) "Childcare institution" means a public or private
31 placement or care setting for children.
32 (B) Except as otherwise provided by subdivision (29)(C),
33 "childcare institution" includes without limitation a group home, residential
34 treatment center, shelter, or other congregate care setting, that is licensed
35 or approved by the following:
36 (i) If the public or private placement or care
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 As Engrossed: H2/3/21 HB1270
1 setting is located in this state, by the Child Welfare Agency Review Board;
2 (ii) If the public or private placement or care
3 setting is located out-of-state, by the authority in the state of origin of
4 the public or private placement or care setting that is responsible for
5 licensing or approving a childcare institution;
6 (iii) If the public or private placement or care
7 setting is on or near an Indian reservation, by the tribal authority of the
8 Indian reservation; or
9 (iv) If the public or private placement or care
10 setting is located in the service area of a Tribal Title IV-E agency, by the
11 Tribal Title IV-E agency.
12 (C) "Childcare institution" does not include a foster
13 home, detention facility, forestry camp, training school, or other facility
14 operated primarily for the detention of children who are determined by a
15 court to be delinquent; and
16 (30) "Public childcare institution" means a child care
17 institution that accommodates no more than twenty-five (25) children at a
18 time and is operated by a state or local government entity.
19
20 SECTION 2. Arkansas Code 9-28-409(a)(1), concerning criminal record
21 and child maltreatment checks under the Child Welfare Agency Licensing Act,
22 is amended to add an additional subdivision to read as follows:
23 (G) An adult working in a childcare institution.
24
25 SECTION 3. Arkansas Code 9-28-409(b)(1), concerning criminal record
26 and child maltreatment checks under the Child Welfare Agency Licensing Act,
27 is amended to add an additional subdivision to read as follows:
28 (G) An adult working in a childcare institution.
29
30 SECTION 4. Arkansas Code 9-28-409(c)(1), concerning criminal record
31 and child maltreatment checks under the Child Welfare Agency Licensing Act,
32 is amended to read as follows:
33 (c)(1) Each of the following persons in a child welfare agency who has
34 not lived in Arkansas continuously for the past five (5) years shall have a
35 fingerprint-based criminal background check performed by the Federal Bureau
36 of Investigation in compliance with federal law and regulation to determine
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 As Engrossed: H2/3/21 HB1270
1 if the person has pleaded guilty or nolo contendere to or been found guilty
2 of the offenses listed in this subchapter section:
3 (A) An employee having direct and unsupervised contact
4 with children;
5 (B) A volunteer having direct and unsupervised contact
6 with children;
7 (C) An owner having direct and unsupervised contact with
8 children;
9 (D) A member of the agency's board of directors having
10 direct and unsupervised contact with children;
11 (E) Foster parents, house parents, and each member of the
12 household eighteen and one-half (18) years of age and older, excluding
13 children in foster care; and
14 (F)(i) Adoptive parents and each member of the household
15 eighteen and one-half (18) years of age and older, excluding children in
16 foster care.
17 (ii) Adoptive parents and each member of the
18 household eighteen and one-half (18) years of age and older, excluding
19 children in foster care, shall not be required to have a criminal background
20 check performed by the Federal Bureau of Investigation if:
21 (a) The adoptive parents and each member of
22 the household age eighteen and one-half (18) years of age and older,
23 excluding children in foster care, have continuously resided in a state for
24 at least five (5) years before the adoption; and
25 (b) The state-of-residence criminal records
26 check is available; and
27 (G) An adult working in a childcare institution.
28
29
30
31 /s/C. Fite
32
33
34 APPROVED: 3/4/21
35
36
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Statutes affected:
Old version HB1270 Original - 1-26-2021 12:56 PM: 9-28-402
Old version HB1270 V2 - 2-3-2021 09:52 AM: 9-28-402
HB 1270: 9-28-402
Act 269: 9-28-402
Old version of HB 1270 - 02-03-21: 9-28-402
Old version of HB 1270 - 01-26-21: 9-28-402