Arizona Guardianship Background Check and Fingerprint Requirements

Two Screening Layers

Arizona uses two screening mechanisms for prospective guardians of minors: a mandatory sworn affidavit that everyone files, and a fingerprint-based criminal history check that applies to non-blood relatives.

Both exist to protect the child. Courts take them seriously, and missing either one will delay your hearing.

The A.R.S. § 14-5106 Affidavit

Every person proposed as guardian of a minor must file this sworn affidavit. It's a mandatory disclosure form that the court reviews before appointing anyone.

The affidavit requires you to disclose:

• Felony convictions — including the sentencing court, case number, conviction date, sentence, any current probation or parole officer, and why the conviction should not disqualify you
• Guardianship and conservatorship history — service within the last three years, any removal, and reports left delinquent for three months after notice within the last three years
• Fiduciary experience — your working knowledge of a guardian's duties and service under a power of attorney within the last three years
• Your relationship to the child — including how you met
• Other required disclosures — including listing in the registry under § 46-457, gifts exceeding $100 in a year or beneficiary interests involving certain people for whom you served, and interests in businesses providing housing or care

You sign the affidavit under oath. Knowingly making a false sworn statement about a material issue can constitute perjury, a class 4 felony. The judge decides whether the appointment is in the child's best interests.

The affidavit doesn't automatically disqualify you if you have a criminal record. A misdemeanor from 15 years ago won't necessarily prevent appointment. The judge reviews the disclosure in context: what happened, how long ago, whether it's relevant to caring for a child. But the disclosure must be honest and complete.

Fingerprint Background Checks

Under A.R.S. § 14-5206(B), a prospective guardian unrelated to the child must provide fingerprints for a criminal history check through the Arizona Department of Public Safety (DPS); DPS may submit the prints to the FBI for a national check.

The blood-relative exemption: Arizona court materials commonly describe the requirement as applying to people not related by blood. Pima County expressly exempts listed blood relatives, including grandparents, aunts, uncles, siblings, and first cousins.

This means:

• Grandparent filing for grandchild — typically exempt (blood relative)
• Aunt or uncle filing for niece/nephew — typically exempt (blood relative)
• Stepparent with no blood relation — fingerprinting required
• Close family friend — fingerprinting required
• Spouse of a blood relative — may be required depending on the county and judge

Even if you're exempt, the judge retains discretion to order fingerprinting in any case if there's reason to investigate further.

The Fingerprint Process

If fingerprinting applies to you:

1. Get the court-issued fingerprint packet from the Clerk's office when you file your petition. Pima County, for example, provides specific fingerprint instructions and cards.

2. Complete the fingerprint card using your court's instructions — Pima County requires its court-issued card; Maricopa County directs applicants to the county sheriff, a police department, or a private fingerprinting company. DPS does not provide fingerprinting services.

3. Follow the court's deadline — Pima County schedules a fingerprint-compliance hearing within 10 business days after filing; its instructions require you to bring the court-issued fingerprint packet and completed card to that hearing.

   Maricopa County requires completed fingerprint cards to be submitted to the Juvenile Division Clerk within five days of filing.

4. DPS and FBI processing — Arizona DPS checks state criminal records and forwards the prints to the FBI for a national check. Processing takes approximately four to six weeks.

5. Results go to the court — you won't receive a copy of the results. The court reviews them as part of the guardianship decision.

Fingerprint Clearance Cards

If you already hold an Arizona Fingerprint Clearance Card (IVP card) from another context — teaching, nursing, foster care licensing, or employment at a residential facility — this may satisfy the court's fingerprint requirement. Ask the judge or Clerk whether your existing clearance card is acceptable.

Fingerprint clearance cards are issued by the Arizona Department of Public Safety (DPS). They're valid for six years, and DPS periodically updates the status of current cards. The Arizona Board of Fingerprinting is a separate agency that handles good-cause exception requests.

Cost

Livescan fingerprinting fees vary by vendor, typically $15 to $30. Pima County's current instructions list a $24 DPS fee; Maricopa County's current schedule lists a $29 fingerprint fee, including postage and handling.

These fees are generally not covered by a court fee waiver under A.R.S. § 12-302 — the statute's fee relief covers court filing fees and certain accessory costs, but DPS fingerprinting is a separate state agency charge.

What Disqualifies a Guardian

Arizona doesn't publish a bright-line list of disqualifying offenses for minor guardianship. The judge evaluates each case individually. That said, certain offenses will make approval extremely unlikely:

• Any sexual offense involving a minor
• Violent felonies, especially domestic violence
• Child abuse or neglect convictions
• Active warrants or pending serious charges

A drug possession charge from a decade ago, treated and behind you, is a very different situation. The § 14-5106 affidavit gives you the space to explain context, and judges understand that kinship caregivers often come from the same families and communities that experienced the crisis leading to the guardianship.

The Arizona guardianship and custody guide walks through both the affidavit and the fingerprint process step by step, with instructions for each county's specific requirements.

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