9-28-410. Voluntary respite care agreement — Exemption and penalties.

9-28-410. Voluntary respite care agreement — Exemption and penalties. (a)(1)(A) A voluntary respite care provider is exempt from obtaining a license under § 9-28-407 if approved by a qualified nonprofit organization under this section. (B) A voluntary respite care provider shall be approved by a qualified nonprofit organization before it is eligible to enter into a voluntary respite care agreement with a parent, guardian, or legal custodian under this section. (2) In order to approve a voluntary respite care provider, a qualified nonprofit organization shall ensure that a voluntary respite care provider: (A) Successfully completes a: (i) Fingerprint-based criminal background check performed by the Federal Bureau of Investigation; (ii) Criminal records check with the Identification Bureau of the Division of Arkansas State Police; and (iii) Child Maltreatment Central Registry check; and (B) Is trained by the qualified nonprofit organization. (3)(A) The qualified nonprofit organization shall maintain the training, background checks, and Child Maltreatment Central Registry check records under subdivision (a)(2) of this section, including the content and dates of training and full transcripts of the background checks and Child Maltreatment Central Registry check, for a period of not less than five (5) years after the minor attains eighteen (18) years of age. (B) The qualified nonprofit organization shall make the records under subdivision (a)(3)(A) of this section available to a parent, guardian, or legal custodian who executes a voluntary respite care agreement in the form of a power of attorney under this section and any local, state, or federal authority conducting an investigation involving the voluntary respite care provider, parent, guardian, legal custodian, or the minor. (b)(1)(A) A power of attorney concerning voluntary respite care shall be between the parent, guardian, or legal custodian of a minor and the voluntary respite care provider, and the power of attorney shall not include or involve another person, entity, or agency, including without limitation other qualified nonprofit organizations. (B) The power of attorney shall be valid for no longer than one (1) year. (2) The power of attorney in subdivision (b)(1) of this section that details the voluntary respite care arrangement may address physical custody issues, including emergency medical treatment, but it shall not transfer legal custody of the minor to the voluntary respite care provider. (3) The execution of a power of attorney in subdivision (b)(1) of this section between a parent, guardian, or legal custodian, and a voluntary respite care provider shall not alone constitute child maltreatment under the Child Maltreatment Act, § 12-18-101 et seq. (4) This section shall not be interpreted to prevent or otherwise limit the investigation of child maltreatment or a finding of child maltreatment where there is evidence of child maltreatment beyond the voluntary respite agreement between the voluntary respite care provider and the parent, guardian, or legal custodian. (c)(1) A qualified nonprofit organization that knowingly fails to perform or verify the background and Child Maltreatment Central Registry check under subdivision (a)(2) of this section is subject to a civil penalty not to exceed five thousand dollars ($5,000), payable to the state and recoverable in a civil action. (2) A qualified nonprofit organization or an employee or volunteer of a qualified nonprofit organization that continues to assist a parent, guardian, legal custodian, or voluntary respite care provider in completing a power of attorney under this section when the background checks and Child Maltreatment Central Registry check conducted under subdivision (a)(2)(A) of this section disclose substantiated allegations of child abuse, neglect, exploitation, or similar crime is subject to a civil penalty not to exceed five thousand dollars ($5,000), payable to the state and recoverable in a civil action. (3) A qualified nonprofit organization or an employee or volunteer of a qualified nonprofit organization that knowingly fails to maintain records as required under subdivision (a)(3)(A) of this section or that knowingly fails to disclose information as required under subdivision (a)(3)(B) of this section is subject to a civil penalty not to exceed five thousand dollars ($5,000), payable to the state and recoverable in a civil action.