reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-416 - Standing to invoke rights; recovery of damages; right to counsel

8-416.
Standing to invoke rights;  recovery of damages;  right to counsel
A. The rights enumerated in the victims' bill of rights,  article II,  section 2.1,  Constitution of Arizona,  any implementing legislation or court rules belong to the victim. The victim has standing to seek an order,  to bring a special action or to file a notice of appearance in a trial court or an appellate proceeding seeking to enforce any right or to challenge an order denying any right guaranteed to victims. A victim may not be charged a filing fee to file a special action or to seek an order pursuant to this subsection. In asserting any right,  the victim has the right to be represented by personal counsel at the victim's expense,  and the proceedings may be initiated by the victim's counsel or the prosecutor.
B. A victim has the right to recover damages from a governmental entity responsible for the intentional,  knowing or grossly negligent violation of the victim's rights under the victims' bill of rights,  article II,  section 2.1,  Constitution of Arizona,  any implementing legislation or court rule. Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.
C. At the request of the victim,  the prosecutor may assert any right to which the victim is entitled.
D. On the filing of a notice of appearance,  counsel for the victim shall be endorsed on all pleadings and,  if present,  be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II,  section 2.1,  Constitution of Arizona.
E. Notwithstanding any other law and without limiting any rights and powers of the victim,  the victim has the right to present evidence or information and to make an argument to the court,  personally or through counsel,  at any proceeding to determine the amount of restitution pursuant to section 13-804.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-421 - Statement of rights

8-421.
Statement of rights
In order to assure that any victim who comes before the juvenile court has been advised of the victim's constitutional rights,  the following statement shall be prominently posted in each juvenile court in this state and shall be read out loud by a judge of the juvenile court at the time each victim first appears in that court:
If you are the victim of a delinquent act with a case pending before this court,  you are advised that you have rights to justice and due process under Arizona law that,  among others,  include the right to be treated with fairness,  respect and dignity,  to a speedy disposition and a prompt and final conclusion of the case,  to be present at court proceedings,  to choose whether or not to be interviewed by the juvenile's attorney,  to be heard before the court makes a decision on release,  negotiation of a plea,  scheduling and disposition and to seek restitution from a person who is adjudicated as causing your loss. If you have not already been provided with a written statement of all victims' rights,  please contact the victim services division of the prosecutor's office.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-422 - Use of a facility dog in court proceedings; definition

8-422.
Use of a facility dog in court proceedings;  definition
A. The court shall allow a victim who is under eighteen years of age to have a facility dog,  if available,  accompany the victim while testifying in court. A party seeking the use of a facility dog must file a notice with the court that includes the certification of the facility dog,  the name of the person or entity who certified the dog and evidence that the facility dog is insured.
B. The court may allow a victim who is eighteen years of age or more or a witness to use a facility dog.
C. To ensure that the presence of a facility dog assisting a victim or a witness does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by the victim or witness,  the court shall instruct the jury on the role of the facility dog and that the facility dog is a trained animal.
D. For the purposes of this section,  " facility dog"  means a dog that is a graduate of an assistance dog organization that is a member of an organization or entity whose main purpose is to improve the areas of training,  placement and utilization of assistance dogs,  staff and volunteer education and to establish and promote standards of excellence in all areas of assistance dog acquisition,  training and partnership.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-451 - Department; purpose

8-451.
Department;  purpose
A. The department of child safety is established.
B. The primary purpose of the department is to protect children. To achieve this purpose,  the department shall do and focus equally on the following:
1. Investigate reports of abuse and neglect.
2. Assess,  promote and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect.
3. Work cooperatively with law enforcement regarding reports that include criminal conduct allegations.
4. Without compromising child safety,  coordinate services to achieve and maintain permanency on behalf of the child,  strengthen the family and provide prevention,  intervention and treatment services pursuant to this chapter.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-452 - Director; appointment; qualifications; compensation

8-452.
Director;  appointment;  qualifications;  compensation
A. The governor shall appoint the director of the department pursuant to section 38-211. The director serves at the pleasure of the governor.
B. At a minimum,  the director shall have:
1. Administrative experience in the protection of children from maltreatment and in family support services.
2. Qualifications and training that enable the director to manage the affairs of the department.
C. The director is eligible to receive compensation pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-454 - Department organization

8-454.
Department organization
A. The director shall organize the department to best implement the following functions:
1. Receiving,  analyzing and efficiently responding to reports of possible abuse or neglect as provided in section 8-455.
2. Appropriately investigating the reports whether or not they involve criminal conduct allegations as provided in section 8-456.
3. Coordinating services necessary for the child or the child's family as provided in section 8-457.
4. Overseeing adoption pursuant to chapter 1 of this title and foster care pursuant to article 4 of this chapter.
5. Reviewing and reporting the actions of the department to ensure that the actions comply with statute and the rules and policies of the department and reporting significant violations as provided in section 8-458.
B. Subject to title 41,  chapter 4,  article 4,  the director shall employ:
1. A chief of the office of child welfare investigations. The chief is the administrative head of the office of child welfare investigations and shall report directly to the director.
2. An inspector general. The inspector general is the administrative head of the inspections bureau and shall report directly to the director.
3. Administrators to serve as the administrative heads of the other bureaus of the department,  who may report directly to the deputy director.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-457 - Service coordination function

8-457.
Service coordination function
A. The department may arrange,  provide and coordinate programs and services that protect children and may provide programs and services that achieve and maintain permanency on behalf of the child,  strengthen the family and provide prevention,  intervention and treatment for abused and neglected children.
B. If a child and the child's family require assistance from the department,  all of the following apply:
1. The health and safety of the child is the primary concern.
2. Reasonable efforts must be made to provide the assistance in the method that is least intrusive and least restrictive to the family and that is consistent with the needs of the child.
3. Reasonable efforts must be made to deliver the assistance in a culturally appropriate manner and as close as possible to the home community of the child or family requiring assistance.
C. In addition to the requirements of federal law,  the case plan shall:
1. Set appropriate time limits on the services provided.
2. Clearly describe the actions the department might pursue if the family:
(a) Participates in the services outlined in the case plan and does what is required for the child to be safe in the home.
(b) Does not participate in the services outlined in the case plan and does not make the changes required for the child to be safe in the home.
D. The department shall establish procedures to ensure that appropriate services have been initiated as scheduled.
E. In determining if a case should be open for ongoing services,  the department shall consider as the primary factors if there exists a present or future risk of harm to any child in the family and if services can mitigate the identified risks. Based on the investigation of the case and the results of the risk assessment,  the department shall determine whether to close the case,  offer voluntary child safety services or open a case for ongoing services.
F. If a case will be open for ongoing services,  the department shall determine if the services are to be provided in one of the following ways:
1. Through a voluntary agreement with the department.
2. Pursuant to a petition for in-home intervention.
3. Pursuant to a petition for in-home or out-of-home dependence.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-458 - Inspections bureau; monitoring and evaluation; quality assurance process

8-458.
Inspections bureau;  monitoring and evaluation;  quality assurance process
A. The director shall establish an inspections bureau to do both of the following:
1. Ensure that department policies and procedures are being followed by all staff in accordance with federal and state law.
2. Promptly notify the director of department actions that constitute a significant violation of policy or state or federal law.
B. The inspections bureau shall monitor specific programs and services and shall continuously improve the practices of the department. Monitoring and evaluation:
1. May be by formal audits,  various levels of inspections,  program evaluation and any other quality assurance activity deemed appropriate by the director.
2. Must include suggestions for policy changes and evaluation of best practices and programming.
C. The department shall establish a quality assurance process and methodology by which data-based decisions are made. This process must include consistently measuring process outcomes and examining current practices through quality assurance activities. The department shall use this quality assurance data to establish appropriate programs and improve practices within the department.
D. If possible,  the inspections bureau shall attempt to correct the problems at the immediate level by coaching,  mentoring and teaching employees who are present during the inspection.
E. The inspections bureau shall have access to all records and information of the department necessary to carry out this section.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-459 - Community advisory committee; duties; membership

8-459.
Community advisory committee;  duties;  membership
A. The community advisory committee is established to provide a community forum:
1. To inform the department,  analyze current law and policy and make recommendations to improve the ability of the department to increase the safety of children,  respond to child maltreatment and ensure the well-being of and timely permanency for children who are referred to and involved in the child welfare system.
2. For collaboration among state,  local,  community,  tribal,  public and private stakeholders in child welfare programs and services that are administered by the department.
3. To improve communication between mandatory reporters and the department.
B. The committee consists of one representative of each of the following who is appointed by and serves at the pleasure of the director:
1. Child welfare agencies that directly provide contracted services to children and their families.
2. Child advocacy organizations that deal with child welfare system policy issues.
3. Current or former foster or adoptive parents.
4. Medical providers,  with a preference for pediatricians,  who have experience in diagnosing and treating injuries related to abuse and neglect.
5. Volunteers with the foster care review board or court appointed special advocate program.
6. Persons with an academic appointment to a state university who conduct research in child welfare services,  child maltreatment or child abuse or neglect.
7. The courts. The representative must be involved in child welfare issues.
8. A rural area in this state who has experience in the child welfare system.
9. A Native American tribe or nation who has experience in the child welfare system.
10. A child advocacy organization that advocates for or represents children who are victims of crime.
11. Persons who have experience with children with special needs and the child welfare system.
12. A law enforcement agency. The representative must have experience with the department on cases that involve criminal conduct allegations.
13. Schools. The representative must have experience in the child welfare system.
14. A faith-based organization. The representative must have experience in the child welfare system.
C. Members of the committee are not eligible to receive compensation.
D. The committee shall meet at least quarterly and shall file a report of its activities and recommendations during each fiscal year with the director on or before August 15 following the fiscal year. The director shall post the report on the department's website.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-461 - Child safety collections; fund; definition

8-461.
Child safety collections;  fund;  definition
A. If a recipient of public assistance has a person who is legally responsible for that person's support and who is presently able to reimburse the department for public assistance provided,  the department,  through the attorney general or county attorney,  shall proceed in the following order against:
1. The spouse of a recipient.
2. The former spouse of a recipient.
3. A father or mother not presently receiving public assistance.
4. Any other legally responsible person.
B. If a recipient of public assistance receives an overpayment of support or is determined ineligible,  the department may recover the support incorrectly paid during that time period. The department shall deposit monies recovered in the child safety collections fund established pursuant to this section.
C. On request of the department,  the attorney general or county attorney shall commence an action in the superior court in the county where the recipient of public assistance resides or in the superior court in Maricopa county,  against the persons in the order specified in subsection A of this section,  to recover the assistance granted and to secure an order requiring payment of amounts that become due in the future for which the person is liable.
D. The child safety collections fund is established consisting of monies received pursuant to this section and section 41-2752. The department shall administer the fund. Subject to legislative appropriation,  the department shall use fund monies to improve public assistance collection activities. The department shall deposit,  pursuant to sections 35-146 and 35-147,  twenty-five per cent of the monies collected pursuant to this section in the child safety collections fund and seventy-five per cent of the monies collected pursuant to this section in the state general fund. Notwithstanding this subsection,  the department shall deposit,  pursuant to sections 35-146 and 35-147,  fifty per cent of the monies collected pursuant to section 41-2752 in the child safety collections fund and the remaining fifty per cent of the monies collected pursuant to section 41-2752 shall be deposited in the state general fund.
E. For the purposes of this section,  " public assistance"  means monies paid by the department to or for the benefit of a dependent child and foster care maintenance paid pursuant to 42 United States Code sections 670 through 676.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-462 - Housing assistance

8-462.
Housing assistance
A. Notwithstanding any other provision in this title,  the department may provide special housing assistance in the form of vendor payments to achieve permanency for children who are involved in open child safety services cases. The child's family may qualify for this special housing assistance only if the lack of adequate housing is a significant barrier preventing the child from being reunited with or being able to remain with the child's family or other caretakers who will provide permanency for the child. The amount of housing assistance provided by the department for each family for an incident shall not exceed one thousand eight hundred dollars during a six month period. The housing assistance may only be used for rent,  utilities,  deposits and arrears. The department may provide housing assistance only if other resources are unavailable.
B. The case record for the child and family shall contain a reference to the lack of adequate housing.
C. The case record shall reflect barriers that the family faces in obtaining adequate housing,  a specific,  time oriented plan for phasing out the need of the family for continued housing assistance,  the actions that are being taken by the family for economic self-sufficiency and a complete financial picture of the family at the time of application to the program,  including housing related expenses and income,  including entitlements.
D. For the period a family is receiving housing assistance,  the department shall provide case management services that include monitoring the financial situation of the family.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-463 - Department of child safety employees; employees of contractors; fingerprint requirement

8-463.
Department of child safety employees;  employees of contractors;  fingerprint requirement
A. Each employee of the department who has contact with children or who is employed in an information technology position 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 that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement to 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.
B. The department may not disclose information obtained pursuant to this section except to members of the department's staff solely for employment purposes.
C. An employee of a contractor or subcontractor who is employed in an information technology position and who will have access to department information as part of the employee's job duties must meet the requirements of subsection A of this section. An employee of a contractor or subcontractor in an information technology position may not have access to department information until the employee meets the requirements of subsection A of this section. If such an employee fails to obtain a fingerprint clearance card,  the employee shall immediately be denied access to any department information technology system. The contractor or subcontractor is responsible for the costs of obtaining the employee's fingerprint clearance card and may charge these costs to the fingerprinted employee. The department may allow all or part of the costs to obtain a fingerprint clearance card to be included as an allowable cost in a contract.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-464 - Electronic communication by department

8-464.
Electronic communication by department
A. Notwithstanding any other law,  if the department is required to provide an administrative order,  a notice or a letter to an applicant,  a recipient or a client,  the department may send the administrative order,  notice or letter 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 party being served 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 a document 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 document shall be served by mail.
F. This section only applies to notices,  decisions and orders required for services and programs of 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.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-465 - Auditor general; department audit team; duties

8-465.
Auditor general;  department audit team;  duties
A. The auditor general shall establish an audit team to be located in the department of child safety to provide ongoing performance reviews and analyses.
B. Pursuant to an audit plan adopted after review by the joint legislative audit committee,  the audit team 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.
C. Pursuant to section 41-1279.04,  the department shall provide the auditor general access to any data from the department,  including electronic data,  that the auditor general deems necessary to perform the duties prescribed in this section. This data shall be provided in the manner and format prescribed by the auditor general.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-467 - Child welfare licensing fees; fund; uses; trust; definition

8-467.
Child welfare licensing fees;  fund;  uses;  trust;  definition
A. The department may establish and collect fees from noncontracting licensees for the purpose of licensing and supervising noncontracting licensees. The department shall deposit,  pursuant to sections 35-146 and 35-147,  all monies collected under this subsection in the child welfare licensing fee fund.
B. The child welfare licensing fee fund is established consisting of all fees collected pursuant to subsection A of this section and monies appropriated by the legislature. The department shall administer the fund. Monies in the fund are both of the following:
1. Subject to legislative appropriation.
2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.
C. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from the investment shall be credited to the fund.
D. Fund monies shall be used to pay the costs incurred by the department for both of the following:
1. The issuance of licenses to noncontracting licensees.
2. The inspection,  examination,  suspension,  denial,  revocation or change of licenses of noncontracting licensees pursuant to sections 8-504 and 8-506.01.
E. Any fee that is authorized by law or rule and that is deposited in the fund is held in trust. The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund of this state.
F. For the purposes of this section,  " noncontracting licensee"  means a licensee that does not contract with this state,  that contracts with the federal government,  that receives only federal monies and that employs individuals who provide direct services to children.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-503.01 - Children and family services training program fund; purposes; status report; exemption from lapsing

8-503.01.
Children and family services training program fund;  purposes;  status report;  exemption from lapsing
A. The division shall establish a children and family services training program fund consisting of monies received pursuant to section 8-807. Subject to legislative appropriation,  the fund monies shall be used to administer a children and family services training program for the training of child safety workers,  public employees in related program services and employees of child welfare agencies and community treatment programs that,  in the judgment of the director of the department,  would benefit from staff training. The department shall not use fund monies to pay any portion of training program staff salaries and training program staff expenses. The department shall use monies only to reimburse the department for the labor,  editing and copying charges related to that section.
B. The director shall include in the annual report a status report on and an evaluation of the children and family services training program.
C. Ninety percent of the monies collected under this section shall be deposited in the children and family services training program fund,  not more than ten percent of which shall be used to enhance the collection of monies owed the department pursuant to section 8-243. The remaining ten percent of the monies collected shall be deposited in the state general fund.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-504 - Sanitation, fire and hazard inspection

8-504.
Sanitation,  fire and hazard inspection
A. The division shall visit each child welfare agency and foster home and inspect the premises used for care of children for sanitation,  fire and other actual and potential hazards. The division shall take action it deems necessary to carry out the duties imposed by this section including the denial of the application for licensure and the suspension or revocation of a license.
B. The division may delegate any additional inspection,  examination or study provided for by this article,  including inspection of premises for fire hazards,  to an agency,  department,  political subdivision or governmental entity deemed appropriate by the division.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-505 - Issuance of licenses; application; investigation; renewal

8-505.
Issuance of licenses;  application;  investigation;  renewal
A. The issuance of initial and renewal licenses for child welfare agencies shall be made by the division.
B. A child welfare agency shall not receive any child for care or maintenance or for placement in a foster home unless the agency is licensed by the division. Application for a license shall be made on a form prescribed by the division.
C. The division shall,  before issuing a license to an agency,  investigate the activities and standards of care of the agency,  its financial stability,  the character and training of the applicant,  the need for such agency,  and the adequacy of its intended services to insure the welfare of children. A provisional license may be issued to any agency whose services are needed but which is temporarily unable to conform to the established standards of care. If the applicant meets the standards as established by the division a regular license shall be issued for a period of one year.
D. Each license shall state in general terms the kind of child welfare service the licensee is authorized to undertake,  the number of children that can be received if the licensee is a private agency,  their ages and sex,  and,  if authorized to place and supervise children in foster homes,  the geographical area the agency is equipped to serve.
E. Every license shall expire one year from the date of issuance,  and may be renewed annually on application of the agency,  except that provisional licenses may be issued for not more than six months from the date of issuance and may not be renewed.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-506 - Denial, suspension or revocation of license; foster home; hearing; exception

8-506.
Denial,  suspension or revocation of license;  foster home;  hearing;  exception
A. The division may deny the application or suspend or revoke the license of any foster home for wilful violation of any provision of this article or failure to maintain the standards of the care prescribed by the division. Written notice of the grounds of the suspension or the proposed denial or revocation shall be given to the applicant or holder of the license. A copy of the written notice of the suspension or the proposed denial or revocation shall be forwarded to the agency that recommended the foster home for licensing. Within twenty-five days after the mailing date of the written notice of proposed denial,  revocation or suspension,  the applicant or holder may request a hearing in accordance with the rules of the division. If the hearing is requested it shall be held within ten days after the request,  at which time the applicant or holder shall have the right to present testimony and confront witnesses.
B. A denial,  suspension or revocation of a foster home license due to a failure to obtain or maintain a level I fingerprint clearance card as required by section 8-509 is not an appealable agency action.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-506.01 - Denial, suspension, revocation or change of license; child welfare agency; appeal

8-506.01.
Denial,  suspension,  revocation or change of license;  child welfare agency;  appeal
The division may deny the application or suspend or revoke the license of any child welfare agency for the wilful violation of any provision of this article or for failure to maintain the standards of the care prescribed by the division. Written notice of the grounds of the suspension or the proposed denial or revocation or any other material change in the license status,  including provisional status,  shall be given to the applicant or holder of the license. Within twenty days after receipt of written notice of a proposed denial,  revocation,  suspension or change,  the applicant or holder may request a hearing in accordance with title 41,  chapter 6,  article 10. If the hearing is requested it shall be held within ten days of the request,  at which time the applicant or holder has the right to subpoena witnesses,  present testimony and confront witnesses.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-507 - Operation without license

8-507.
Operation without license
A. When the division has reason to believe that an agency or foster home is being conducted or maintained without a license,  it shall make an investigation,  and,  if necessary,  the division shall take action to prevent such continued operation.
B. If an agency provides treatment or permits restrictive behavior techniques to be used,  the agency shall obtain a license issued by the department of health services pursuant to title 36,  chapter 4 or a child welfare agency license issued pursuant to this article.
C. The superior court shall have jurisdiction to issue an injunction restraining the operation of a child welfare agency or foster home without a license.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-508 - Receipt of articles of incorporation

8-508.
Receipt of articles of incorporation
Before issuing a charter for the incorporation of any organization for the purpose of receiving children for care or for placement in foster homes,  the corporation commission shall transmit a copy of the petition for incorporation,  together with all information in its possession pertaining to the proposed corporation,  to the division. Application for amendment of the existing charter of such corporation shall be similarly referred.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-509.01 - Prospective foster parent's blindness; burden of proof; specific written findings; definitions

8-509.01.
Prospective foster parent's blindness;  burden of proof;  specific written findings;  definitions
A. The department may not refuse to license a foster home based on a prospective foster parent's blindness,  if the foster home otherwise qualifies for licensure.
B. If a prospective foster parent's blindness is alleged to have a detrimental impact on the operation of the foster home,  the person who raises the allegation has the burden of showing by clear and convincing evidence that the prospective foster parent's behavior endangers or is likely to endanger the health,  safety or welfare of a child placed with the foster home.
C. If the department denies or limits the licensing of the foster home operated by the prospective foster parent,  the department shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. " Blindness"  means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. " Central visual acuity of 20/200 or less"  includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-510 - Acceptance of children by agency

8-510.
Acceptance of children by agency
A. A licensed child welfare agency may accept any child of a class,  age and sex specified in its license,  from the child's parent,  guardian or relative,  or a child which is lawfully committed thereto,  and shall care for and control the child until discharged to its parent,  relative or guardian,  transferred to another child welfare agency or otherwise lawfully committed to another.
B. A licensed child welfare agency may assume the care,  custody and guardianship of the person or estate of a child,  or both,  during the minority of the child,  upon the order of a court having jurisdiction.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-511 - Short-term caregiver

8-511.
Short-term caregiver
A. Except as prescribed in subsection B,  if circumstances require a foster parent to leave a foster child in the care of another person,  the foster parent shall:
1. Use reasonable judgment in the foster parent's choice of an adult to provide the care.
2. Notify the department case manager before the care exceeds twenty-four hours,  in a nonemergency situation.
3. Notify the department case manager before the care exceeds seventy-two hours,  in an emergency situation.
B. A foster parent who is certified to provide care to a child with developmental disabilities,  a medically fragile child or a child receiving treatment foster care shall implement the alternate care plan that is approved by the department,  if the foster parent must leave the foster child in the care of another person.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-512 - Comprehensive medical and dental care; guidelines

8-512.
Comprehensive medical and dental care;  guidelines
A. The department shall provide comprehensive medical and dental care,  including behavioral health services,  as prescribed by rules of the department,  for each child who is:
1. In a voluntary placement pursuant to section 8-806.
2. In the custody of the department in an out-of-home placement.
3. In the custody of a probation department and placed in foster care. The department shall not provide this care if the cost exceeds funds currently appropriated and available for that purpose.
B. The comprehensive medical and dental care consists of those benefits provided by the Arizona health care cost containment system benefit as prescribed in title 36,  chapter 29,  article 1 and as set forth in the approved medicaid state plan.
C. The department shall require providers to submit claims for medical and dental services pursuant to section 36-2903.01.
D. The department shall require that the provider pursue other third party payors before submitting a claim to the department. Payment received by a provider from the department is considered payment by the department of the department's liability for the bill. A provider may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33,  chapter 7,  article 3.
E. The department shall not pay claims for services pursuant to this section that are submitted more than one hundred eighty days after the date of the service for which the payment is claimed.
F. The department may provide for payment through an insurance plan,  hospital service plan,  medical service plan,  or any other health service plan authorized to do business in this state,  fiscal intermediary or a combination of such plans or methods. The state shall not be liable for and the department shall not pay to any plan or intermediary any portion of the cost of comprehensive medical and dental care in excess of funds appropriated and available for such purpose at the time the plan or intermediary incurs the expense for such care.
G. The total amount of state monies that may be spent in any fiscal year by the department for comprehensive medical and dental care shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer,  agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-512.02 - Comprehensive health plan expenditure authority fund; reversion

8-512.02.
Comprehensive health plan expenditure authority fund;  reversion
A. The department shall establish and maintain a comprehensive health plan expenditure authority fund,  which is a separate fund to distinguish the department's revenues and the department's expenditures pursuant to section 8-512 from other programs that are funded and administered by the department. The fund shall be used to pay administrative and program costs associated with providing comprehensive medical care,  dental care and behavioral health services pursuant to section 8-512. The comprehensive health plan expenditure authority fund consists of:
1. Monies paid by the Arizona health care cost containment system administration pursuant to the contract.
2. Amounts paid by third-party payors.
3. Gifts,  donations and grants from any source.
4. Interest on monies deposited in the comprehensive health plan expenditure authority fund.
B. All monies from capitated payments in the comprehensive health plan expenditure authority fund that are unexpended and unencumbered at the end of the fiscal year revert to the state general fund on or before June 30 of the following fiscal year. The transfer amount may be adjusted to pay nonmedicaid claims incurred by the department.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-513 - Participation in activities; contact with relatives; placement with siblings; independent living programs

8-513.
Participation in activities;  contact with relatives;  placement with siblings;  independent living programs
A. A child may participate in activities and functions generally accepted as usual and normal for children of the child's age group if permission is granted as follows:
1. If the activity by law requires a license,  the agency or division that placed the child may give permission on request of the foster parent.
2. If the activity includes the child leaving the jurisdiction of the court for a period not to exceed thirty days,  the agency or division that placed the child may give permission on request of the foster parent.
3. If the activity is one which is associated with a school or organization not prohibited by rule of the division,  the foster parents of the child may give permission.
B. The state shall indemnify and hold harmless the agency or foster parents for liability that may be incurred or alleged as a result of giving permission pursuant to subsection A if it is reasonably and prudently given. The state shall provide the defense of any action alleging such liability.
C. A child placed in foster care has the right to maintain contact with friends and relatives unless the court has determined that contact is not in the child's best interests as determined pursuant to a court hearing.
D. If a child has been removed from the child's home and placed in out-of-home placement,  guardianship or adoptive placement,  the department shall make reasonable efforts to place that child with the child's siblings or,  if that is not possible,  to maintain frequent visitation or other ongoing contact between the child and the child's siblings unless a court determines that either the placement or the visitation or contact would be contrary to the child's or a sibling's safety or well-being.
E. The out-of-home provider for a youth who is at least sixteen years of age shall work with independent living programs that are focused on career,  education and future development planning to assist the youth in meeting program goals.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-514.01 - Placement of children with developmental disabilities

8-514.01.
Placement of children with developmental disabilities
A. All foster placements of children with developmental disabilities made by the division shall be made to child developmental homes for children with developmental disabilities that are operated or licensed by the department of economic security pursuant to title 36,  chapter 5.1,  article 3 and that provide specialized programs for children with developmental disabilities,  except that placements of children with developmental disabilities to foster homes licensed pursuant to this article may be made if the division determines that such placement is in the best interests of the child.
B. A regular foster home shall apply for certification as a child developmental certified home pursuant to section 36-593.01 if either of the following applies:
1. The department of child safety has placed a foster child with a developmental disability in the foster home.
2. A foster child in the foster home has been determined by the department of economic security to have a developmental disability.
C. Subsection B of this section does not apply to a regular foster home or group foster home with a foster child with a developmental disability who was placed in the home before August 6,  2016. Any such placements shall continue to be licensed,  certified and monitored by both the department of child safety and the department of economic security.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-514.02 - Placement of child

8-514.02.
Placement of child
A. The department may place a child with a parent,  a relative or a person who has a significant relationship with a child.
B. During an emergency situation when a child must be placed,  the department shall not place a child with a relative or a person who has a significant relationship with the child unless each adult member of the relative's or person's household consents to both of the following:
1. A preliminary state and federal name-based background check.
2. Within fifteen calendar days from the date the name-based background check is conducted,  the submission of a full set of the person's fingerprints to obtain 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. Except for a placement pursuant to section 8-861,  before a child who has been in out-of-home care is placed with a parent,  the department shall conduct a background check pursuant to section 41-1750 of all adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home. The results of this background check shall be considered when making a safety assessment of the placement.
D. The department shall immediately remove a child from a home if any adult household member fails to provide fingerprints as provided in subsection B of this section. If placement of the child in the home was ordered by the court,  the department shall immediately request a change of physical custody from the court.
E. Unless approved in writing by the department,  the parent or relative shall not allow the child to:
1. Be placed with any other person.
2. Have any contact with the allegedly abusive or neglectful parent,  guardian or custodian or other person designated by the department.
3. Leave this state.
F. If a child is placed with a parent or relative pursuant to this section,  the department shall inform the parent or relative about available financial and nonfinancial services and eligibility requirements and shall assist the parent or relative to complete the necessary applications.
2023 Arizona Revised Statutes › Title 8 - Child Safety › § 8-514.04 - Kinship care program; requirements

8-514.04.
Kinship care program;  requirements
A. The kinship care program is established in the department. The program shall:
1. Streamline,  expedite and coordinate existing services and referrals.
2. Preserve families.
3. Meet the protection,  developmental,  cultural and permanency needs of children.
4. Enable families to sustain support for a child who cannot live with the child's parents.
5. Promote the best interests of the child.
B. The department shall adopt rules to prescribe application and eligibility requirements that provide an expedited process for kinship care families to receive child only temporary assistance for needy families.
C. The department shall use existing measures for outreach and marketing in order to facilitate community awareness regarding the program.
D. The department of economic security shall submit an amendment to modify the temporary assistance for needy families state plan to the United States department of health and human services. The amendment shall waive the face-to-face requirement for relative caregivers applying for temporary assistance for needy families,  for a child only case.
E. Any kinship care family that applies for or receives cash assistance under this section on behalf of a dependent child who is under eighteen years of age shall conform to the requirements established pursuant to sections 46-292 and 46-295 and department of economic security rule unless the requirements have been modified pursuant to this section.
F. The department shall keep confidential information it obtains pursuant to this section.