A.R.S. tit. 41 ch. 14 — Arizona Revised Statutes Title 41 Chapter 14 — Department Of Economic Security

41-1951. Definitions In this chapter, unless the context otherwise requires: 1. "Agency" includes one or more of the state agencies consolidated into the department of economic security by this chapter. 2. "Comprehensive plan" means an evaluation of client needs and the availability of services to meet these needs within the state. 3. "Council" means the economic security council. 4. "Department" means the department of economic security. 5. "Director" means the director of the department of economic security. 6. "State plan" means any of the several state plans which establish the federal-state contractual relationships necessary for federal funding. 7. "Community work and training" means work, training or job development which will be provided through a plan jointly entered into by the department and an agency, department, board or commission of the state or federal government, county, city, political subdivision or private agency. Such work, training or job development will take place in and about public or private works or improvements and will utilize labor and services required to be performed where feasible by those eligible for this program. 41-1952. Department of economic security; director; appointment; compensation A. A department of economic security is established. B. The direction, operation and control of the department are the responsibility of the director. C. The director shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. D. Compensation for the director shall be established pursuant to section 38-611. 41-1953. Department organization; deputy director; assistant directors A. The director may establish, abolish or reorganize the positions or organizational units within the department to carry out the functions provided by section 41-1954, subject to legislative appropriation, if in the director's judgment the modification of organization would make the operation of the department more efficient, effective or economical. The director or the director's deputy shall enforce cooperation among the divisions in the provision and integration of all functions on the district and local level. B. The director shall appoint a deputy director of the department with the advice and consent of the governor. The deputy director shall serve at the pleasure of the director. The deputy director shall be directly responsible for the operation and coordination of those services of the department concerning initial intake, screening, evaluation and referral of persons served by the department. C. The director shall appoint an assistant director to head each organizational unit that the director may establish. Each assistant director shall serve at the pleasure of the director. D. To the maximum extent possible, the director shall establish separate investigation units for the purpose of investigating allegations of dependency, abuse and neglect according to protocols established pursuant to section 8-817. E. The department succeeds to the authority, powers, duties and responsibilities of the following: 1. The employment security commission of Arizona and its Arizona state employment service, unemployment compensation and administrative service divisions. 2. The state department of public welfare. 3. The division of vocational rehabilitation. 4. The state office of economic opportunity. 5. The state office of manpower planning. 6. The state department of mental retardation. F. In the statutes, references to the agencies and departments listed in subsection E shall be deemed to be references to the department of economic security or its appropriate divisions, offices or organizational units. 41-1954. Powers and duties A. In addition to the powers and duties of the agencies listed in section 41-1953, subsection E, the department shall: 1. Administer the following services: (a) Employment services, including manpower programs and work training, field operations, technical services, unemployment compensation, community work and training and other related functions in furtherance of programs under the social security act, as amended, the Wagner-Peyser act, as amended, the federal unemployment tax act, as amended, 33 United States Code, the family support act of 1988 (P.L. 100-485) and other related federal acts and titles. (b) Individual and family services, which shall include a section on aging, services to children, youth and adults and other related functions in furtherance of social service programs under the social security act, as amended, title IV, except parts B and E, grants to states for aid and services to needy families with children and for child welfare services, title XX, grants to states for services, the older Americans act, as amended, the family support act of 1988 (P.L. 100-485) and other related federal acts and titles. (c) Income maintenance services, including categorical assistance programs, special services unit, child support collection services, establishment of paternity services, maintenance and operation of a state case registry of child support orders, a state directory of new hires, a support payment clearinghouse and other related functions in furtherance of programs under the social security act, title IV, grants to states for aid and services to needy families with children and for child welfare services, title XX, grants to states for services, as amended, and other related federal acts and titles. (d) Rehabilitation services, including vocational rehabilitation services and sections for the blind and visually impaired, communication disorders, correctional rehabilitation and other related functions in furtherance of programs under the vocational rehabilitation act, as amended, the Randolph-Sheppard act, as amended, and other related federal acts and titles. (e) Administrative services, including the coordination of program evaluation and research, interagency program coordination and in-service training, planning, grants, development and management, information, legislative liaison, budget, licensing and other related functions. (f) Manpower planning, including a state manpower planning council for the purposes of the federal-state-local cooperative manpower planning system and other related functions in furtherance of programs under the comprehensive employment and training act of 1973, as amended, and other related federal acts and titles. (g) Economic opportunity services, including the furtherance of programs prescribed under the economic opportunity act of 1967, as amended, and other related federal acts and titles. (h) Intellectual disability and other developmental disability programs, with emphasis on referral and purchase of services. The program shall include educational, rehabilitation, treatment and training services and other related functions in furtherance of programs under the developmental disabilities services and facilities construction act (P.L. 91-517) and other related federal acts and titles. (i) Nonmedical home and community based services and functions, including department-designated case management, housekeeping services, chore services, home health aid, personal care, visiting nurse services, adult day care or adult day health, respite sitter care, attendant care, home delivered meals and other related services and functions. 2. Provide a coordinated system of initial intake, screening, evaluation and referral of persons served by the department. 3. Adopt rules it deems necessary or desirable to further the objectives and programs of the department. 4. Formulate policies, plans and programs to effectuate the missions and purposes of the department. 5. Employ and determine the conditions of employment and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons subject to chapter 4, article 4 and, as applicable, article 5 of this title as may be necessary in the performance of its duties, contract for the services of outside advisors, consultants and aides as may be reasonably necessary and reimburse department volunteers, designated by the director, for expenses in transporting clients of the department on official business. 6. Make contracts and incur obligations within the general scope of its activities and operations subject to the availability of funds. 7. Contract with or assist other departments, agencies and institutions of the state, local and federal governments in the furtherance of its purposes, objectives and programs. 8. Be designated as the single state agency for the purposes of administering and in furtherance of each federally supported state plan. 9. Accept and disburse grants, matching funds and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of the department. 10. Provide information and advice on request by local, state and federal agencies and by private citizens, business enterprises and community organizations on matters within the scope of its duties subject to the departmental rules on the confidentiality of information. 11. Establish and maintain separate financial accounts as required by federal law or regulations. 12. Advise and make recommendations to the governor and the legislature on all matters concerning its objectives. 13. Have an official seal that is judicially noticed. 14. Annually estimate the current year's population of each county, city and town in this state, using the periodic census conducted by the United States department of commerce, or its successor agency, as the basis for such estimates and deliver such estimates to the economic estimates commission before December 15. 15. Estimate the population of any newly annexed areas of a political subdivision as of July 1 of the fiscal year in which the annexation occurs and deliver such estimates as promptly as is feasible after the annexation occurs to the economic estimates commission. 16. Establish and maintain a statewide program of services for persons who are both hearing impaired and visually impaired and coordinate appropriate services with other agencies and organizations to avoid duplication of these services and to increase efficiency. The department of economic security shall enter into agreements for the utilization of the personnel and facilities of the department of economic security, the department of health services and other appropriate agencies and organizations in providing these services. 17. Establish and charge fees for deposit in the department of economic security prelayoff assistance services fund to employers who voluntarily participate in the services of the department that provide job service and retraining for persons who have been or are about to be laid off from employment. The department shall charge only those fees necessary to cover the costs of administering the job service and retraining services. 18. Establish a focal point for addressing the issue of hunger in this state and provide coordination and assistance to public and private nonprofit organizations that aid hungry persons and families throughout this state. Specifically such activities shall include: (a) Collecting and disseminating information regarding the location and availability of surplus food for distribution to needy persons, the availability of surplus food for donation to charity food bank organizations, and the needs of charity food bank organizations for surplus food. (b) Coordinating the activities of federal, state, local and private nonprofit organizations that provide food assistance to the hungry. (c) Accepting and disbursing federal monies, and any state monies appropriated by the legislature, to private nonprofit organizations in support of the collection, receipt, handling, storage and distribution of donated or surplus food items. (d) Providing technical assistance to private nonprofit organizations that provide or intend to provide services to the hungry. (e) Developing a state plan on hunger that, at a minimum, identifies the magnitude of the hunger problem in this state, the characteristics of the population in need, the availability and location of charity food banks and the potential sources of surplus food, assesses the effectiveness of the donated food collection and distribution network and other efforts to alleviate the hunger problem, and recommends goals and strategies to improve the status of the hungry. The state plan on hunger shall be incorporated into the department's state comprehensive plan prepared pursuant to section 41-1956. (f) Establishing a special purpose advisory council on hunger pursuant to section 41-1981. 19. Establish an office to address the issue of homelessness and to provide coordination and assistance to public and private nonprofit organizations that prevent homelessness or aid homeless individuals and families throughout this state. These activities shall include: (a) Promoting and participating in planning for the prevention of homelessness and the development of services to homeless persons. (b) Identifying and developing strategies for resolving barriers in state agency service delivery systems that inhibit the provision and coordination of appropriate services to homeless persons and persons in danger of being homeless. (c) Assisting in the coordination of the activities of federal, state and local governments and the private sector that prevent homelessness or provide assistance to homeless people. (d) Assisting in obtaining and increasing funding from all appropriate sources to prevent homelessness or assist in alleviating homelessness. (e) Serving as a clearinghouse on information regarding funding and services available to assist homeless persons and persons in danger of being homeless. (f) Developing an annual state comprehensive homeless assistance plan to prevent and alleviate homelessness. (g) Submitting an annual report to the governor, the president of the senate and the speaker of the house of representatives on the status of homelessness and efforts to prevent and alleviate homelessness. The department shall provide a copy of this report to the secretary of state. 20. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region. 21. Exchange information, including case specific information, and cooperate with the department of child safety for the administration of the department of child safety's programs. B. If the department of economic security has responsibility for the care, custody or control of a child or is paying the cost of care for a child, it may serve as representative payee to receive and administer social security and United States department of veterans affairs benefits and other benefits payable to such child. Notwithstanding any law to the contrary, the department of economic security: 1. Shall deposit, pursuant to sections 35-146 and 35-147, such monies as it receives to be retained separate and apart from the state general fund on the books of the department of administration. 2. May use such monies to defray the cost of care and services expended by the department of economic security for the benefit, welfare and best interests of the child and invest any of the monies that the director determines are not necessary for immediate use. 3. Shall maintain separate records to account for the receipt, investment and disposition of funds received for each child. 4. On termination of the department of economic security's responsibility for the child, shall release any funds remaining to the child's credit in accordance with the requirements of the funding source or in the absence of such requirements shall release the remaining funds to: (a) The child, if the child is at least eighteen years of age or is emancipated. (b) The person responsible for the child if the child is a minor and not emancipated. C. Subsection B of this section does not pertain to benefits payable to or for the benefit of a child receiving services under title 36. D. Volunteers reimbursed for expenses pursuant to subsection A, paragraph 5 of this section are not eligible for workers' compensation under title 23, chapter 6. E. In implementing the temporary assistance for needy families program pursuant to Public Law 104-193, the department shall provide for cash assistance to two-parent families if both parents are able to work only on documented participation by both parents in work activities described in title 46, chapter 2, article 5, except that payments may be made to families who do not meet the participation requirements if: 1. It is determined on an individual case basis that they have emergency needs. 2. The family is determined to be eligible for diversion from long-term cash assistance pursuant to title 46, chapter 2, article 5. F. The department shall provide for cash assistance under temporary assistance for needy families pursuant to Public Law 104-193 to two-parent families for no longer than six months if both parents are able to work, except that additional assistance may be provided on an individual case basis to families with extraordinary circumstances. The department shall establish by rule the criteria to be used to determine eligibility for additional cash assistance. G. The department shall adopt the following discount medical payment system for persons who the department determines are eligible and who are receiving rehabilitation services pursuant to subsection A, paragraph 1, subdivision (d) of this section: 1. For inpatient hospital admissions and outpatient hospital services the department shall reimburse a hospital according to the rates established by the Arizona health care cost containment system administration pursuant to section 36-2903.01, subsection G. 2. The department's liability for a hospital claim under this subsection is subject to availability of funds. 3. A hospital bill is considered received for purposes of paragraph 5 of this subsection on initial receipt of the legible, error-free claim form by the department if the claim includes the following error-free documentation in legible form: (a) An admission face sheet. (b) An itemized statement. (c) An admission history and physical. (d) A discharge summary or an interim summary if the claim is split. (e) An emergency record, if admission was through the emergency room. (f) Operative reports, if applicable. (g) A labor and delivery room report, if applicable. 4. The department shall require that the hospital pursue other third-party payors before submitting a claim to the department. Payment received by a hospital from the department pursuant to this subsection is considered payment by the department of the department's liability for the hospital bill. A hospital may collect any unpaid portion of its bill from other third-party payors or in situations covered by title 33, chapter 7, article 3. 5. For inpatient hospital admissions and outpatient hospital services rendered on and after October 1, 1997, if the department receives the claim directly from the hospital, the department shall pay a hospital's rate established according to this section subject to the following: (a) If the hospital's bill is paid within thirty days of the date the bill was received, the department shall pay ninety-nine percent of the rate. (b) If the hospital's bill is paid after thirty days but within sixty days of the date the bill was received, the department shall pay one hundred percent of the rate. (c) If the hospital's bill is paid any time after sixty days of the date the bill was received, the department shall pay one hundred percent of the rate plus a fee of one percent per month for each month or portion of a month following the sixtieth day of receipt of the bill until the date of payment. 6. For medical services other than those for which a rate has been established pursuant to section 36-2903.01, subsection G, the department shall pay according to the Arizona health care cost containment system capped fee-for-service schedule adopted pursuant to section 36-2904, subsection K or any other established fee schedule the department determines reasonable. H. The department shall not pay claims for services pursuant to this section that are submitted more than nine months after the date of service for which the payment is claimed. I. To assist in the location of persons or assets for the purpose of establishing paternity, establishing, modifying or enforcing child support obligations and other related functions, the department has access, including automated access if the records are maintained in an automated database, to records of state and local government agencies, including: 1. Vital statistics, including records of marriage, birth and divorce. 2. State and local tax and revenue records, including information on residence address, employer, income and assets. 3. Records concerning real and titled personal property. 4. Records of occupational and professional licenses. 5. Records concerning the ownership and control of corporations, partnerships and other business entities. 6. Employment security records. 7. Records of agencies administering public assistance programs. 8. Records of the motor vehicle division of the department of transportation. 9. Records of the state department of corrections. 10. Any system used by a state agency to locate a person for motor vehicle or law enforcement purposes, including access to information contained in the Arizona criminal justice information system. J. Notwithstanding subsection I of this section, the department or its agents shall not seek or obtain information on the assets of an individual unless paternity is presumed pursuant to section 25-814 or established. K. Access to records of the department of revenue pursuant to subsection I of this section shall be provided in accordance with section 42-2003. L. The department also has access to certain records held by private entities with respect to child support obligors or obligees, or individuals against whom such an obligation is sought. The information shall be obtained as follows: 1. In response to a child support subpoena issued by the department pursuant to section 25-520, the names and addresses of these persons and the names and addresses of the employers of these persons, as appearing in customer records of public utilities, cable operators and video service providers. 2. Information on these persons held by financial institutions. M. Pursuant to department rules, the department may compromise or settle any support debt owed to the department if the director or an authorized agent determines that it is in the best interest of this state and after considering each of the following factors: 1. The obligor's financial resources. 2. The cost of further enforcement action. 3. The likelihood of recovering the full amount of the debt. N. Notwithstanding any law to the contrary, a state or local governmental agency or private entity is not subject to civil liability for the disclosure of information made in good faith to the department pursuant to this section. 41-1954.01. Electronic communication by department; applicability A. Notwithstanding any law to the contrary, any agency, division, program or part of the department or its agents that are required to provide administrative orders, notices, decisions or letters to an applicant, claimant, recipient, employer or client may send administrative orders, notices, decisions or letters by electronic means if the party being served or notified consents. B. Consent may be obtained in writing on a form approved by the department, verbally on the record in a hearing or electronically through the department's website by the applicant, claimant, recipient, employer or client following an affirmative consent procedure. At the time of consent, the party must be advised of the nature of the notices to be delivered or served, the legal consequence of the choice and the right to revoke the consent. Consent may be provided for a proceeding or for notices provided on an ongoing basis. C. Delivery or service by electronic means is complete on transmission unless it is established that delivery or transmission of the electronic document failed due to department error or failure of the recipient to receive the electronic document for any other reason outside the control of the recipient. D. Consent may be revoked in writing to the department or by following an affirmative revocation procedure established on the department's website. E. If the department receives electronic notice that the electronic address to which the administrative order, notice, decision or letter is being sent is no longer valid or is otherwise not functioning, the department shall deem the consent to electronic notice to have been revoked and the order, notice, decision or letter shall be served by mail. F. This section is limited to notices, decisions and orders required for services and programs in the division of benefits and medical eligibility, the division of child support enforcement and the division of employment and rehabilitation services, or their successor divisions, in the department. This section does not apply to a notice that is required in connection with litigation before a court of record in this state. 41-1955. Duty of department concerning employment stabilization, ex-offender rehabilitation, income maintenance and manpower development; research studies The department, with the advice and aid of its advisory councils, shall: 1. Take appropriate steps to reduce and prevent unemployment and dependency, and to assist in alleviating the economic and social impact of unemployment and dependency on the person and his family. 2. Encourage and assist in the adoption of practical methods of manpower services, occupational training, vocational counseling and guidance, vocational rehabilitation and retraining, supportive services and other such services the director deems appropriate. 3. Research, recommend, advise and assist in the establishment of community or area facilities, public and private, or both, to provide an integration of direct services and programs for the development of the state's manpower and the reduction of dependency. 4. Promote the effective utilization of unemployed and under-utilized workers. 5. Aid in the rehabilitation of employable ex-offenders, in cooperation with the department of corrections. An ex-offender, by accepting the assistance provided for by this article, shall not be disqualified from receiving further assistance from any other state agency to which he is legally entitled. 6. Be the state registration agency for apprenticeship functions prescribed by the federal government. 7. Carry out and publish the results of research studies for the purpose of this chapter. 41-1956. State comprehensive plan The department shall annually prepare a comprehensive plan for the state for the purpose of guiding the development, funding and implementation of programs and activities by the department and other state programs concerned with service development, integration and utilization. The plan shall describe the present and projected needs for development of such programs and set forth the long-range program objectives. The plan shall also include a description of the content and allocation of state and federal funds to all programs, services and activities to be carried out under the plan during the year. The department shall indicate how and to what extent such programs, services and activities will carry out the program objectives set forth in the long-range program plan. The department shall hold public hearings on the plan before adoption of such plan. 41-1957. State-federal cooperation A. Subject to the departmental rules and regulations on the confidentiality of information, upon request, the department shall furnish to any agency of the United States which is charged with the administration of public works or assistance through public employment the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient's rights to further benefits from programs administered by the department. B. In the administration of the provisions of the extended benefit program required by the federal-state extended unemployment compensation act of 1970, the department shall take such action as may be necessary to ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States department of labor, and to secure to this state the full reimbursement of the federal share of extended benefits paid under title 23, chapter 4, that are reimbursable under the federal act. 41-1958. Acquisition of lands and buildings; lease-purchase agreements; lease or sublease of lands or buildings A. The director may acquire for and in the name of this state by lease, lease-purchase agreement or otherwise lands or buildings for the purpose of providing office space for the department at such places as the director finds necessary and suitable. B. An agreement made for the lease, lease-purchase or purchase of the premises mentioned in subsection A of this section is subject to the approval of the attorney general and the director of the department of administration. C. An agreement made for the purchase of the premises mentioned in subsection A of this section is subject to the review of the joint committee on capital review. D. Any lease-purchase agreement relating to land or building acquisitions shall provide that: 1. The obligation of this state to make any payment under the agreement is a current expense of the department and is not a general obligation indebtedness of this state or the department. 2. If the legislature fails to appropriate monies or the department fails to allocate monies for any periodic payment or renewal term of the agreement, the agreement terminates at the end of the current term and this state and the department are relieved of any subsequent obligation under the agreement. 3. The joint committee on capital review shall review the project before the lease-purchase agreement takes effect. E. The director may lease or sublease at fair rental value any land or building that is acquired pursuant to subsection A of this section. The director may lease or sublease any building that is acquired pursuant to subsection A of this section on other terms or conditions if the lessee is a state entity or political subdivision of this state. All net lease income shall be credited to the department's occupancy appropriation. F. A lease or sublease that is granted pursuant to subsection E of this section is exempt from the provisions of section 41-2752 and is not subject to chapter 23 of this title. The director may prioritize lease or sublease tenants based on the needs of the department and in the public interest with preference given to the following in the order provided: 1. State entities. 2. Political subdivisions. 3. Community partners. G. The department may pay or advance gross initial and routine lease and sublease related expenditures. The gross initial and routine expenditures that are paid or advanced shall be reimbursed to the department before the net lease income is credited to the department's occupancy appropriation pursuant to subsection E of this section. H. Any agreement under this section shall comply with the constitution and other laws of this state. 41-1959. Confidential information; permissible disclosure; rules; violation; classification A. Unless otherwise provided by law, all personally identifiable information concerning any applicant, claimant, recipient, employer or client is confidential and shall not be released unless ordered by a superior court judge or provided for by rule of court except as provided in subsections B, C and D of this section. Department records and files that contain information related to investigations conducted by child protective services or the department of child safety are confidential. The department shall release this information only as prescribed by section 8-807. B. Employees of the department of economic security, the department of law and the court may obtain the information described in subsection A of this section in the performance of their duties as authorized by rules adopted by the director. C. Employees of the department of economic security, the department of law and the court may release any information that is otherwise held confidential under this section under any of the following circumstances: 1. To the applicant, claimant, recipient, employer or client if a request is made in writing by any of such persons specifically requesting information that directly relates to the person requesting such information. 2. To the extent necessary to make claims on behalf of a client for public or private assistance, insurance or health or medical assistance pursuant to title 11, chapter 2, article 7 or title 36, chapter 29 to which the client may be entitled. 3. In oral and written communications involving the provision of services or the referral to services between employees of, persons under contract with, or persons holding a general employment relationship with the department of economic security, the department of law or the juvenile court. 4. If the disclosure of otherwise confidential information is necessary to protect against a clear and substantial risk of imminent serious injury to a client. 5. To agencies of the federal government, a state, a political subdivision of any state or a tribal government for official purposes. All information received by a governmental agency pursuant to this paragraph shall be maintained as confidential, except where pertinent to a criminal prosecution. 6. To foster parents and persons certified to adopt if necessary to assist in the placement with or care of a child by such persons. 7. In any judicial or administrative proceeding involving an adult protective services client if the director of the department considers the information pertinent to the proceeding. 8. To the entities as specified in section 23-722.04, subsections A and E for the development of a state workforce evaluation data system and program performance purposes and other program and research purposes as defined in a data sharing agreement but not including information regarding adult or child protection actions. D. Notwithstanding section 46-135, a standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives may obtain the information described in subsection A of this section on written notification to the director. Information obtained pursuant to this subsection may be used only for purposes of conducting investigations related to legislative oversight of the department. Information that is personally identifiable shall not be further disclosed. E. Any violation of this section is a class 2 misdemeanor. F. The department shall establish safeguards against the unauthorized use or disclosure of confidential information in title IV-D cases. 41-1960. Annual report The director shall make an annual report of the state's economic security needs and resources, including the use, training and placement of manpower, and his recommendations for the forthcoming fiscal year for the state's development of relevant programs. Such report shall be transmitted to the governor and legislature by the end of each calendar year. 41-1960.01. Enforcement of child support; report The department of economic security shall implement and evaluate programs that are designed to test the effectiveness of private sector involvement in title IV-D child support collections enforcement. The department of economic security shall report to the legislature on the status of these programs by November 30 of each year. 41-1961. District offices; location; representatives A. The department shall establish at least six district offices, to be located in and serve the various related geographical areas of the state. The districts shall have common boundaries for all services provided by the department. B. Each district office shall be staffed by a representative from each major organizational service unit of the department. One of the representatives shall be designated by the director to coordinate the district office. C. Each district office shall be considered an operations unit of the department and shall be responsible for the planning, programs, intra and interagency coordination within the district area. D. Each district office shall be created in addition to any local offices of the department that may exist in the district area. 41-1962. Conflict with federal law Where any conflict with federal law occurs concerning the programs and functions of the department as established by the law of this state, such federal law shall control. For purposes of this section, "federal law" means any statute passed by the Congress of the United States, any final regulations adopted by any administrative agency of the United States government and published in the Code of Federal Regulations or the federal register or any final decision of the federal judiciary. A conflict between federal law and the law of this state does not exist for purposes of this section unless the source of the federal law, on its face or so clearly as not to require any additional interpretation, establishes the conflict. Upon notification of a conflict with federal law where the conflict does not meet the requirements of this section, the department may conform its programs and functions to eliminate the alleged conflict on condition that the department contest the alleged conflict. 41-1963. Prosecution authority The attorney general and the appropriate county attorney shall have concurrent jurisdiction to prosecute all violations of law arising out of or in connection with any program administered by the department, including, but not limited to, sections 13-3701, 23-657 and 46-215. 41-1964. Day care homes; child care personnel; fingerprints; definition A. Child care personnel shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before being certified by the department or residing or working in the home of a child care home provider or being designated as a backup provider. B. Before certification or within seven working days after residing or working in the home of a child care provider or being designated as a backup provider, child care personnel shall certify on forms that are provided by the department and notarized whether: 1. They are awaiting trial on or have been convicted of or admitted committing any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. 2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked. C. The department shall make documented, good faith efforts to contact previous employers of certified day care home personnel to obtain information or recommendations that may be relevant to an individual's fitness for work in a certified day care home. D. The notarized forms are confidential. E. The department of economic security shall notify the department of public safety if the department of economic security receives credible evidence that any child care personnel who possesses a valid fingerprint clearance card either: 1. Is arrested for or charged with an offense listed in section 41-1758.07, subsection B or C. 2. Falsified information on the form required by subsection B of this section. F. For the purposes of this section, "child care personnel" means child care home providers, in-home providers and noncertified relative providers as defined in section 46-801 and designated backup providers and all persons who are eighteen years of age or older and who work or reside in the home of a child care home provider. 41-1965. Eligibility of lottery prize winner to receive assistance; determination On receipt of the information provided by the state lottery commission pursuant to section 5-573, subsection C, the director shall determine if the person is receiving assistance from any financial assistance program administered by the department. If the person is receiving assistance, the director shall promptly redetermine the eligibility of that person to receive the assistance. 41-1966. Auditor general; duties A. The auditor general may: 1. Determine the validity and accuracy of information reported by the department to the legislature. 2. Perform other reviews and analyses relating to the department. 3. Review a specific department function or process. B. Pursuant to section 41-1279.04, the department shall provide the auditor general access to any data from the department, including electronic data, the auditor general deems necessary to perform the duties outlined in this section. This data shall be provided in the manner and format prescribed by the auditor general. 41-1966.01. Summer youth program; allocation The summer youth program is established to be funded by monies appropriated from the state general fund. Monies for the program: 1. Shall be used for purposes of summer youth programs including employment, education and gang prevention programs for youths who are from economically disadvantaged areas and who are at least twelve but not more than eighteen years of age. 2. Shall be allocated as follows: (a) Fifty per cent of the monies shall be distributed within counties with a population of two million persons or more. (b) Thirty per cent of the monies shall be distributed within counties with a population of one million or more but less than two million persons. (c) Twenty per cent of the monies shall be distributed within counties with a population of less than one million persons. 3. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 41-1966.02. Project intervention program A. The project intervention program is established to be funded by monies appropriated from the state general fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. B. Monies for the program shall be distributed to private, nonprofit locally initiated community based organizations that are in partnership with organizations that are recognized under section 501(c)(3) of the United States internal revenue code and that are operated by or are members of a consortium consisting of representatives from at least five of the following categories: 1. Residents in the community. 2. Business and civic leaders who are actively involved in providing employment and business development opportunities in this state. 3. Educators. 4. Religious organizations. A religious organization may not provide sectarian instruction or worship in connection with an activity that is funded by a grant made pursuant to this section. 5. Other public agencies. 6. Agencies or organizations serving youths. C. Grants that are awarded under this section shall be used to enhance neighborhood rehabilitation projects, including: 1. Housing rehabilitation. 2. Community cleanup efforts. 3. Graffiti abatement. 4. Drug and gang prevention. 5. After school programs. 6. Job creation programs. 41-1967. Child care resource and referral system; immunity A. The department shall establish and maintain a statewide child care resource and referral system, including a child care home provider registry, through community-based organizations to: 1. Provide families with: (a) Information on all types of child care. (b) Referrals to child care providers and programs. (c) Information about child care resources and services. (d) Information about choosing child care. (e) Information about registered child care home providers. 2. Assist child care providers and programs with: (a) Information on training related to child care issues. (b) Technical assistance that relates to initiating or providing child care services. (c) Parent referrals. (d) Becoming registered as a child care home provider. 3. Coordinate with the community to: (a) Develop statistics of the demand for and supply of child care. (b) Maintain ongoing relationships with all local groups interested in child care. B. The child care resource and referral system shall: 1. Identify all available child care providers and programs through coordination with public and private agencies. 2. Collect in a uniform method provider information for the referral database that includes: (a) The type of program. (b) The hours of service. (c) The ages of children served. (d) Fees for service. (e) The licensure, certification and registration status of providers. (f) Other significant provider and program information. 3. Establish and maintain a referral process that responds to parental need for information. The child care resource and referral system shall make referrals to child care providers and programs that: (a) Promote parental choice and meet the needs of families. (b) Are included in the resource and referral database. 4. Collect in a uniform method family information for the referral database that includes the: (a) Number of calls and contacts. (b) Ages of children in need of care. (c) Days and times of care requested. (d) Type of care requested. (e) Special needs and requests made by the family. (f) Reason that the care is needed. 5. Provide outreach services that include: (a) Efforts to reach parents and providers in local communities. (b) Involvement in the local communities. (c) Publication of services through all available media sources, agencies and other appropriate channels. (d) Public awareness information to parents and providers about the child care home provider registry and the benefits of using the registry or becoming registered. 6. Provide technical assistance to existing and prospective child care providers and programs that include: (a) Information on all aspects of initiating new child care services including child care regulations, zoning, program and budget development and assistance in finding information from other sources. (b) Educational information and resources that assist existing child care providers and programs to better serve the children and parents in their community. (c) Local coordination of existing child care and child related services. 7. Establish and maintain a child care home provider registry that includes: (a) Child care home providers that are registered pursuant to section 41-1967.01. (b) A complaint tracking system that contains written complaints concerning providers and written provider responses. The complaints and responses are available to the public. (c) A system for notifying a provider that is excluded or removed from the registry that the provider may appeal directly to the entity making the determination resulting in the exclusion or removal. (d) Information provided by registered providers relating to the services provided and child care environment. C. The following child care providers are eligible to be considered for inclusion in the child care resource and referral database, unless barred by other provisions of law: 1. Child care providers licensed or certified by a government agency that is authorized by law to license, certify or approve child care providers. 2. Child care home providers that are registered pursuant to section 41-1967.01. These providers shall submit and amend when necessary sworn, written statements to the department or its designees, on forms approved by the department, attesting that the provider is not subject to exclusion or removal from the child care resource and referral database under any of the grounds specified in subsection E of this section. D. Child care providers identified in subsection C, paragraph 1 of this section may be excluded or removed from the child care resource and referral database whenever the provider's license or certification is revoked, terminated or suspended, or when a child care facility is closed for cause. E. Child care home providers identified in subsection C, paragraph 2 of this section may be excluded or removed from the child care home provider registry and the child care resource and referral database if: 1. The provider fails to obtain a fingerprint clearance card or the provider's fingerprint clearance card is revoked or suspended. 2. The provider has been denied a license to operate a facility for the care of children or had a license or certificate to operate a facility revoked or has been removed for cause from participation in the child and adult food program in this state or in any other state or jurisdiction. 3. The provider, the provider's employees or any person eighteen years of age or older who resides in the provider's child care facility has been convicted of or is awaiting trial on any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar criminal offenses in any other state or jurisdiction. 4. The provider, the provider's employees or any person who resides in the provider's child care facility has been the subject of an investigation where a report of child abuse or neglect has been substantiated by the department of child safety or a child safety services agency or a law enforcement agency in this state or in any other state or jurisdiction. 5. The provider fails to maintain current training and certification in first aid and infant and child cardiopulmonary resuscitation. 6. The provider fails to enclose a pool pursuant to section 36-1681, subsections A, B and C. 7. The provider fails to separately store firearms and ammunition under lock and key or combination lock. F. This section and section 41-1967.01 do not create an affirmative obligation on the part of any state agency or any child care resource and referral agency to review, monitor or investigate child care providers and programs. G. Neither this state nor its officers or employees, acting within the scope of their employment, are liable for any damage or injury caused by their conduct pursuant to this section or section 41-1967.01, except for gross negligence or conduct intended to cause injury. H. Neither a child care resource and referral agency nor its officers and employees, acting within the scope of their employment, are liable for any damage or injury caused by their conduct pursuant to this section or section 41-1967.01, except for gross negligence or conduct intended to cause injury. I. The department shall adopt rules that are consistent with the terms of this section. 41-1967.01. Child care home provider; registration; fingerprints; definition A. A child care home provider who receives compensation to care for four or fewer children and who has not been certified by the department of economic security pursuant to section 46-807 or licensed or certified by the department of health services pursuant to section 36-883 or 36-897.01 shall register with the department of economic security if the child care home provider wishes to be listed with the child care resource and referral system. B. Each applicant for registration shall submit a full set of fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. C. Child care providers shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 before being registered with the department or residing in a setting that is certified or licensed by the department. D. By the date of registration, child care providers shall certify on forms that are provided by the department and notarized whether: 1. They are awaiting trial on or have been convicted of or admitted committing any of the criminal offenses listed in section 41-1758.07, subsection B or C in this state or similar offenses in another state or jurisdiction. 2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have been denied a license to operate a child care facility for cause in this state or another state or had a license or certificate to operate a child care facility revoked. E. The notarized forms are confidential. F. Each applicant for registration shall not have been the subject of an investigation in which a report of child abuse or neglect has been substantiated. G. Each applicant shall maintain current training and certification in first aid and infant and child cardiopulmonary resuscitation. H. The applicant shall enclose any pool on the applicant's premises pursuant to section 36-1681, subsections A, B and C. I. The applicant shall separately store firearms and ammunition under lock and key or a combination lock. J. The department shall adopt rules to carry out this section. K. The director shall charge a fee for processing the fingerprint information required pursuant to this section. L. Any obligation or liability under this section is governed by section 41-1967, subsections F, G and H. M. For the purposes of this section, "child care provider" means a registered child care home provider pursuant to subsection A of this section and any person who is eighteen years of age or older and who works or resides in the home of a child care home provider. 41-1968. DES employees; fingerprint requirement; definition Each employee of the department who has contact with children or vulnerable adults shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or provide to the department documentation of the person's application for a fingerprint clearance card. The employee shall certify on forms that are provided by the department and that are notarized whether the employee is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 13-3623. 41-1969. Information technology personnel and DCS employees and contractors with access to federal tax information; fingerprint clearance card; definition A. Each employee of the department of economic security who is employed in an information technology position and each employee or contractor of the department of economic security who has access to federal tax information shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or provide to the department documentation that the person has applied for a fingerprint clearance card. Each employee and contractor shall certify on forms that are provided by the department and notarized that the person is not awaiting trial on or has not been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. B. The department of economic security shall not disclose information obtained pursuant to subsection A of this section except to members of the department's staff solely for employment purposes. C. For the purposes of this section, "federal tax information": 1. Includes returns or return information that is received directly from the internal revenue service or that is obtained through an authorized secondary source pursuant to section 6103 of the internal revenue code. 2. Does not include returns or return information that is provided by the taxpayer. 41-1970. Out-of-school time grant program; fund; report; definitions A. The out-of-school time grant program is established in the department to expand out-of-school time care for school-age children who are at least five years of age and eligible for or enrolled in kindergarten and not older than eighteen years of age and who require out-of-school time care either when the children are out-of-school or during periods of time when school instruction is not being conducted. B. The grant program shall: 1. Increase the number of eligible pupils with access to out-of-school time care before school, after school or during periods of time when school instruction is not being conducted. 2. Increase access to and the affordability of out-of-school time care for children and their families. 3. Enable employers to attract and retain a talented workforce. 4. Reduce the cost of out-of-school time care to participating families or expand out-of-school time care at no cost to participating families. C. The department shall do all of the following: 1. Develop an annual grant application process. 2. Provide grants to assist with the costs of out-of-school time care to eligible grantees who participate in the grant program. 3. Monitor eligible grantees to ensure grant program and fiscal compliance. 4. Develop metrics to measure the success of the grant program. 5. Allocate at least thirty percent of grant monies for eligible grantees in rural communities, which may be used in any location in this state if there are insufficient grant applications from rural communities. D. The out-of-school time grant program fund is established consisting of legislative appropriations. The department may not use more than five percent of the monies deposited in the fund to administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. On or before August 1, 2026 and each year thereafter, the department shall submit an annual report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state. The report shall include all of the following: 1. The total number of children who are served by the out-of-school time grant program, categorized by age of the child and the county where the child is served. The information provided pursuant to this paragraph may not include any information that identifies or can be used to identify a child. 2. The locations of programs, categorized by county. 3. The number of children newly enrolled in out-of-school time care programs. F. The department may develop policies and procedures that are necessary to implement this section. G. For the purposes of this section: 1. "Eligible grantee" means a nonprofit organization, public school and public or private child care provider that: (a) Operates primarily during after school, before school or in the summer or at times when school is not normally in session. (b) Has demonstrated experience providing out-of-school time care before scho