reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 2 - INDEPENDENT LIVING AND TRANSITIONAL INDEPENDENT LIVING PROGRAMS › Section R21-5-208 - Termination of Services

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department may terminate IL Services, including out-of-home care for foster
				youth 18 through 20 years of age, and TIL services if the eligible youth:
1. Reaches the age of 21 years;
2. Reaches the age of 18 years and does not
				desire continued services;
3. Makes
				a voluntary decision to terminate services; or
4. Demonstrates substantial non-compliance or
				otherwise refuses to meet the requirements of the individual case plan or
				individual service plan after the responsible agency staff or designee has made
				active efforts to engage the eligible youth in identifying and resolving
				issues, including assessing the effectiveness of current services, and
				identifying and providing additional or different support services.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 2 - INDEPENDENT LIVING AND TRANSITIONAL INDEPENDENT LIVING PROGRAMS › Section R21-5-209 - Grievance Process

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person eligible for services under R21-5-204 who disagrees with a Department
				adverse action decision to reduce, terminate, or deny services for that person
				may:
1. File a grievance under this
				Section;
2. Choose not to file a
				grievance and appeal the adverse action under A.A.C. Title 21, Chapter 1,
				Article 3 by filing a notice of appeal within 20 days after receipt of the
				adverse action decision reducing, terminating, or denying services;
				or
3. File a grievance, and if the
				person is dissatisfied with the results of the grievance process, appeal under
				A.A.C. Title 21, Chapter 1, Article 3 by filing a notice of appeal within 20
				days after receipt of the grievance response letter.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 3 - DEPARTMENT ADOPTION SERVICES › Section R21-5-302 - Adoption Registry: Information Maintained; Confidentiality

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall maintain and keep current the Adoption Registry with the information
				required under A.R.S. §
									8-105.
				The Adoption Registry shall include the following current information for each
				child or adoptive parent listed on the Adoption Registry:
1. The child's availability for adoptive
				placement,
2. The adoptive parent's
				certification status,
3. The
				adoptive parent's availability for adoptive placement, and
4. The type of child the adoptive parent is
				open to considering for adoption including:
a. Age;
b. Sex; or
c. Special needs.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 3 - DEPARTMENT ADOPTION SERVICES › Section R21-5-303 - Department Adoption Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department provides the following
				adoption services for families and children in accordance with the limitations
				and provisions of A.R.S. Title 8, Chapter 1, Article 1:
1. For families:
a. Recruiting adoptive parents;
b. Informing persons interested in adopting a
				child about the adoption process;
c. Conducting certification investigations of
				applicants under A.R.S. §
											8-105;
d. Preparing certification reports under
				A.R.S §
											8-105;
				and
e. Submitting the names and
				profiles of adoptive parents for listing in the Adoption Registry.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 3 - DEPARTMENT ADOPTION SERVICES › Section R21-5-304 - Department Procedures for Processing Certification Applications

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon review of a
				certification application, the Department shall notify the applicant in writing
				that the application is either complete or incomplete. An application is
				complete when it contains the information and supporting documentation
				described in R21-5-404. If the application is incomplete, the notice shall
				specify what information is missing.
B. An applicant with an incomplete
				application has 30 days from the date of the notice to provide the missing
				information. If the applicant fails to do so, the Department may close the
				file. An applicant whose file has been closed and who later wishes to apply for
				certification may reapply.
C. Upon
				review of a complete application, the Department shall decide whether to accept
				the application, according to the priority schedule listed in R21-5-305, and
				the availability of the Department's resources. If the Department cannot accept
				the application, the Department shall return the original application and all
				supporting documentation to the applicant. The applicant may reapply.
D. After the Department accepts the completed
				application, the Department shall provide the applicant written notice of the
				acceptance. The Department shall complete the certification investigation as
				specified in R21-5-405 within 90 days of the date of the notice. The Department
				shall prepare a certification report under R21-5-406.
E. The Department shall process a renewal
				application under this Section and R21-5-407.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 3 - DEPARTMENT ADOPTION SERVICES › Section R21-5-305 - Department Priorities for Receipt of Services

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall accept and process certification
				  applications and render adoption services according to the following priority
				  schedule:
1. An applicant for whom the
				court has ordered the Department to do a certification investigation and
				report;
2. An applicant seeking to
				adopt a particular adoptable child with special needs;
3. An applicant wishing to adopt a child with
				special needs;
4. An applicant
				considering adopting a child with special needs; and
5. All other applicants.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 3 - DEPARTMENT ADOPTION SERVICES › Section R21-5-306 - Department Recruitment Efforts

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall actively recruit persons to adopt
				  children with special needs by:
1.
				Publicizing the need for such adoptive parents;
2. Registering adoptable children, as
				appropriate, with the Adoption Registry or other local, state, regional and
				national adoption resources;
3.
				Advising prospective adoptive parents of:
a.
				The availability of children with special needs,
b. The procedures involved in adopting such
				children, and
c. The support
				services and subsidies that may be available to persons adopting such children;
				and
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 3 - DEPARTMENT ADOPTION SERVICES › Section R21-5-308 - Termination of Adoption Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department may terminate services to
				an applicant or adoptive parent when:
1. The
				adoption is finalized;
2. The
				applicant or adoptive parent requests closure before receiving a child for
				placement;
3. The applicant or
				adoptive parent ceases to be a resident of Arizona before receiving a child for
				placement;
4. The court declines to
				certify the applicant or adoptive parent;
5. The applicant or adoptive parent refuses
				to comply with the requirements in A.R.S. Title 8, Chapter 1, Article 1, or
				this Chapter, Articles 3 and 4;
6.
				The applicant fails to submit a completed certification application within 90
				days of the date on which the Department sent the person an application
				form;
7. The adoptive parent is no
				longer willing to be an adoptive parent; or.
8. The adoptive parent is no longer certified
				to adopt.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-402 - Recruitment

Current through Register Vol. 30, No. 28, July 12, 2024
A. When recruiting
				applicants, an adoption entity shall comply with the requirements of this
				Section.
B. The adoption entity
				shall conduct recruitment efforts pursuant to a written plan, which shall
				describe:
1. Specific recruitment goals,
				including:
a. The number and composition of
				adoptive parents the entity will serve; and
b. The children the entity will accept for
				placement and any limitations such as:
i.
				Age;
ii. Medical special
				needs;
iii. Developmental special
				needs;
iv. Mental health; or
				behavioral health special needs.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-403 - Orientation: Persons Interested in Adoption

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prior to accepting a certification
				application from a person considering the adoption of a child, or an
				application for placement from a person who intends to seek a placement through
				the adoption entity, an adoption entity shall provide the person with an
				adoption orientation, which shall explain the following:
1. The adoption process, including all
				legally mandated procedures, and estimated time-frames for completion of such
				procedures;
2. The adoption
				entity's policies and procedures that directly affect services to adoptive
				parents;
3. The adoption entity's
				fee structure and written fee agreement;
4. The types and number of children the
				agency typically has had and reasonably expects to have available for adoption
				placement and the average length of time between certification and
				placement;
5. The Department's
				responsibility for licensing and monitoring agencies, and the public's right to
				register a complaint about an agency as prescribed in 21 A.A.C. 9, Article
				2;
6. The function of the Adoption
				Registry and the adoptive parent's right to decide whether to be included in
				the Adoption Registry; and
7.
				Confidentiality requirements, open adoptions, and the confidential intermediary
				program described in A.R.S. §
										8-134.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-404 - Application for Certification

Current through Register Vol. 30, No. 28, July 12, 2024
An applicant who wishes to become certified as an adoptive
				  parent shall apply for certification as provided in A.R.S. §
									8-105.
				  An adoption entity shall require an applicant to provide at least the following
				  information:
1. Personally identifying
				information for each prospective adoptive parent, including:
a. Name and date of birth;
b. Social Security number;
c. Race and ethnicity;
d. Physical description;
e. Current address and duration of Arizona
				residency;
f. Marital history;
				and
g. The name, address, and phone
				number of immediate family members, including emancipated adult
				children;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-405 - Certification Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Following acceptance of a completed
				certification application, the adoption entity shall conduct a certification
				investigation that includes:
1. Personal
				interviews with the adoptive family. Such interviews shall:
a. Occur on at least two separate occasions,
				at least one of which shall be at the adoptive parent's residence;
b. Comprise no less than four hours of in
				person contact, and at least one hour shall take place at the adoptive parent's
				residence;
c. Include at least one
				separate interview with each member of the adoptive parent's household who is
				more than the age of five; and
d.
				Include at least one joint interview with both adoptive parents if they are
				married;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-406 - Certification Report and Recommendation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon completion of the certification
				investigation, the adoption entity shall prepare a certification report under
				A.R.S. §
									8-105.
B. In determining whether to recommend
				certification of an applicant, the adoption entity shall consider all factors
				bearing on fitness to adopt, including, but not limited to:
1. The factors listed in A.R.S. §
										8-105;
2. The length and stability of the
				applicant's marital relationship, if applicable;
3. The applicant's age and health;
4. Past, significant disturbances, or events
				in the applicant's immediate family, such as:
a. Involuntary job separation,
b. Divorce, or death of spouse, child, or
				parent, and
c. History of child
				abuse or neglect;
5. The
				applicant's ability to financially provide for an adopted child; and
6. The applicant's history of providing
				financial support to the applicant's other children, including compliance with
				court-ordered child support obligations.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-407 - Renewal of Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A. A certified adoptive parent who has not
				filed a petition for adoption within one year of the original certification
				order, may apply for an extension of certification, as provided in A.R.S.
				§
									8-105.
B. If the Court directs an adoption entity to
				investigate a certified adoptive parent who has requested a renewal of
				certification, the entity shall obtain from the adoptive parent seeking
				renewal:
1. A copy of the request for renewal
				of certification;
2. An updated
				profile of any changes in the certified adoptive parent's social, family,
				medical, and financial circumstances;
3. New fingerprint clearance per Court
				requirements, following original certification;
4. A current physical health statement for
				all members of the adoptive parent's household at least every third year
				following original certification; and
5. Other information as the Court may
				request.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-408 - Communication with Adoptive Parents Awaiting Placement

Current through Register Vol. 30, No. 28, July 12, 2024
Upon request, an adoption entity shall inform an adoptive
				  parent awaiting placement of a child of the following:
1. The status of the adoptive parent's
				case;
2. The number of children the
				adoption entity currently has available for adoption;
3. The number of times the adoptive parent
				has been considered for the placement of a child;
4. The number of approved adoptive parents
				awaiting placement of a child through the adoption entity; and
5. The number of placements the adoption
				entity made in the prior year, the number of placements the adoption entity has
				made to date in the current year, and the number of placements the adoption
				entity anticipates making during the remainder of the current year.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-409 - Prohibitions Regarding Birth Parents

Current through Register Vol. 30, No. 28, July 12, 2024
An adoption entity shall not:
1. Promise a birth parent that the birth
				parent shall have future contact with the child or the adoptive parent but may
				explain the concept of open adoption;
2. Promise a birth parent that the child will
				be placed with a specific adoptive parent or type of adoptive parent, except in
				a direct placement adoption. The adoption entity may advise the parent that it
				will use the entity's best efforts to honor any placement preferences the birth
				parent may have, to the extent that such preferences are consistent with the
				best interests of the child;
3.
				Promise a birth parent any financial or other consideration prohibited by law;
				or
4. Do or say anything to coerce
				or pressure a birth parent to sign a consent to adopt.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-410 - Information about Birth Parents

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before accepting a child for placement,
				the adoption entity shall make a good faith effort to obtain the following
				information described in this Section from the child's birth parent, or person
				having custody of the child:
1. Information
				about each birth parent including:
a. Name
				and any aliases used;
b. Address,
				phone number, and residential history;
c. Date and place of birth;
d. Social security number;
e. Race, citizenship, and any Native American
				tribal affiliation or membership;
f. Physical description;
g. Name of current employer and employment
				history;
h. Educational
				history;
i. Marital history and
				status;
j. Record of other births
				and children born to the birth parent;
k. Hobbies;
l. Future plans;
m. Record of arrests or
				convictions;
n. Medical,
				psychological, and substance use history;
o. For the birth mother, history of prenatal
				care, gestational substance or drug abuse, pregnancy, and delivery;
p. Immediate family relationships;
				and
q. Significant family
				events.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-411 - Pre-consent Conference with Birth Parents

Current through Register Vol. 30, No. 28, July 12, 2024
A. The adoption entity shall have a
				pre-consent conference with each birth parent who must provide consent to
				adoption under A.R.S. §
									8-106,
				to explain in a language and form that each birth parent can understand the
				following:
1. The legal and practical
				consequences of executing a consent, including:
a. Applicable ICWA provisions; and
b. The fact that the consent, and all other
				affidavits executed in connection with an adoption, are executed under penalty
				of perjury;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-412 - Consent to Adopt; Unknown Birth Parent

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who obtains a birth parent's
				signature on a consent shall not do so until the person reasonably determines:
1. That the requirements of R21-5-411 have
				been met;
2. That the birth parent
				is not acting under duress;
3. That
				the birth parent is physically and mentally capable of exercising informed
				consent; and
4. That the birth
				parent has revealed all information known about the identity and location of
				the other birth parent.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-413 - Adoptable Child: Assessment and Service Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prior to selecting an adoptive placement
				for an adoptable child, the adoption entity shall:
1. Assess the child's medical, psychological,
				social, and developmental needs;
2.
				Design an adoptive family profile consistent with the child's needs and best
				interests;
3. Develop a written
				service plan; and
4. Assess whether
				the child is a potential candidate for an adoption subsidy.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-414 - Placement Determination

Current through Register Vol. 30, No. 28, July 12, 2024
A. An adoption entity shall have and follow a
				written policy for making placement recommendations and decisions in both
				direct placement and adoption placement adoptions.
B. Except as otherwise provided in subsection
				(C), in an agency placement adoption a team shall make the placement decision.
				The team shall at a minimum, include:
1. The
				case manager or person who assessed the adoptable child, and
2. The case manager or person who is
				knowledgeable about the potential adoptive parents for the adoptable
				child.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-415 - Provision of Information on a Placed Child

Current through Register Vol. 30, No. 28, July 12, 2024
After selecting an adoptive placement for a child, and before
				  placing the child with the chosen adoptive parent, the adoption entity shall
				  provide the adoptive parent with all non-identifying information available on
				  the child, including, without limitation, the following:
1. All records concerning the child's
				medical, psychological, social, legal, family, and educational
				background;
2. All records
				concerning the birth parents' medical, psychological, social, legal, family,
				and educational background;
3. The
				medical and social background on the child's other immediate family members,
				including siblings and birth grandparents;
4. The child's plan for adoption services, as
				described in R21-4-413; and
5.
				Information on adoption subsidy that may be available for the child.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-4-416 - Transportation

Current through Register Vol. 30, No. 28, July 12, 2024
An adoption entity that transports an adoptive child
				  shall:
1. Ensure that any person who
				transports an adoptive child is informed of the child's medical needs and is
				capable of meeting any medical needs that are reasonably likely to arise during
				transport;
2. Not leave an adoptive
				child unattended during transportation if the adoptive child:
a. Is less than seven years of age;
b. Has a developmental disability;
				and
c. Is more than seven years of
				age if the adoption entity has determined, and documented in the child's
				record, that the child is physically and emotionally incapable of traveling
				alone;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-417 - Placement Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				adoption entity shall make counseling services available to the adoptive
				parents' family as the entity deems reasonable and necessary to facilitate the
				child's acceptance into the adoptive parent's family and to preserve stability.
				The adoption entity may make such services available by advising the adoptive
				family that such services may be beneficial and referring the adoptive parent
				and his or her family to community resources and providers.
B. The adoption entity shall make information
				on adoption related educational and supportive resources available to adoptive
				parents.
C. The adoptive parent
				must sign a document stating if he or she is declining any form of adoption
				counseling.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-418 - Post-placement Supervision: Non-foster Parent Placement

Current through Register Vol. 30, No. 28, July 12, 2024
A. When a child is placed for adoption with a
				person who is not the child's foster parent, a case manager from the adoption
				entity shall visit the home within 30 calendar days of the date of adoptive
				placement to:
1. Ensure that the adoptive
				parent received all available non-identifying information from the adoption
				entity on the child;
2. Address any
				questions or concerns the adoptive parent or child may have about the adoption
				process or placement;
3. Ensure
				that the family has addressed the educational needs of a school-age child;
				and
4. Ensure that an adoptive
				parent who works has made appropriate child care arrangements.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-419 - Post-placement Supervision: Foster Parent Placement

Current through Register Vol. 30, No. 28, July 12, 2024
A. When a foster parent plans to adopt a
				foster child who is age 5 years or older, a case manager from the adoption
				entity shall privately interview the child and all members of the adoptive
				family household who are age 5 years or older about their feelings towards the
				adoption, before the adoption consent is signed.
B. When a child is placed for adoption with a
				person who has been a foster parent to the child, a case manager from the
				adoption entity shall conduct a home visit at least every two months from the
				time legal consent for adoption has been signed until the finalization of
				adoption unless the adoptive child is a child with special needs. If the
				adoptive child is a child with special needs, the case manager shall visit at
				least once a month.
C. During the
				visits described in subsection (B), the case manager shall:
1. If developmentally appropriate, privately
				interview the child to discuss a child's feelings about the adoption;
				and
2. Interview all members of the
				adoptive family household, including children, if developmentally appropriate,
				to discuss, as described in R21-5-418, how the child and family are adapting,
				and the current relationship among members of the family.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-420 - Protracted Placement

Current through Register Vol. 30, No. 28, July 12, 2024
If an adoption is not finalized within two years from the
				  date of consent, and the child is still placed in the adoptive home, the
				  adoption entity handling the adoption shall provide the Department with written
				  documentation explaining the reason why the adoption has not been finalized, no
				  later than 30 calendar days after the two-year period has
				  ended.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-421 - Finalizing the Placement

Current through Register Vol. 30, No. 28, July 12, 2024
An adoption entity shall cooperate with the adoptive parent
				  and the attorney, if any, retained by the adoptive parent, to finalize the
				  adoption.
1. The entity shall provide
				all information and documents needed to finalize the adoption and shall file a
				final written report to the court at least 10 days before the final adoption
				hearing, or at such other time as the Court may require. The report shall
				include the information listed in this subsection, unless the entity has
				already provided this information in an earlier report, and the information has
				not changed since the earlier report.
a. The
				name and age of each adoptive parent and the relationship, if any, of each
				adoptive parent to the child to be adopted;
b. The name, age, and birthplace of the child
				to be adopted, and whether any or all of this information is unknown to the
				adoptive parent;
c. The entity or
				other source from which the adoptive parent received the child to be
				adopted;
d. The circumstances
				surrounding the surrender of the child to the entity;
e. The results of the entity's evaluation of
				the child and of the adoptive parent, including:
i. A description of the care the child is
				receiving;
ii. The adjustment of
				the child and parent; and
iii. A
				summary statement of the entity's recommendation to the court regarding
				finalization;
f. A full
				description of any property belonging to the child to be adopted;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-422 - Placement Disruption

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				When a placement fails, the adoption entity shall provide services, including
				counseling to the adoptive parent and his or her family and child, to help them
				cope with the loss and separation.
B. An adoption entity shall have and follow
				written procedures for an adoptive placement disruption. The procedures shall
				include:
1. Provision of counseling services
				to the adoptive parent, his or her family, and the child as needed;
				and
2. Provision for placement of
				the child in another adoptive home or other developmentally appropriate living
				arrangement.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 4 - ADOPTION ENTITY SERVICES › Section R21-5-423 - Confidentiality

Current through Register Vol. 30, No. 28, July 12, 2024
Any person or entity who participates in an adoption or
				  provides adoption services shall comply with the confidentiality requirements
				  under A.R.S. §§
									8-120,
				  8-121,
				  and
				  36-2903.01.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §§
									8-141
				  and
				  8-501,
				  the following definitions apply in this Article.
1. "Adoption agency" means an individual or
				entity, including a corporation, company, partnership, firm, association, or
				society, other than the Department, licensed by the Department to place a child
				for adoption.
2. "Adoption
				Specialist" means the Department of Child Safety Specialist, or adoption agency
				staff person, who is responsible for managing the child's case prior to the
				adoption finalization.
3. "Adoption
				subsidy" means the same as A.R.S. §
									8-141,
				and includes nonrecurring adoption expenses under A.R.S. §
									8-161 et seq. If the
				child qualifies, the adoption subsidy may include one or more of the following:
a. Medical, dental, and mental health
				subsidy;
b. Maintenance
				subsidy;
c. Special services
				subsidy; and
d. Reimbursement of
				nonrecurring adoption expenses.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-502 - Eligibility Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall determine if a child qualifies for the Title IV-E adoption
				assistance program prior to determining whether the child qualifies for the
				Adoption Subsidy Program.
B. A
				child shall qualify for Title IV-E adoption assistance if the child meets the
				additional eligibility criteria required in
				42 U.S.C.
				673(a)(2). If the child does
				not meet the additional criteria in Title IV-E, the child may still be eligible
				to receive adoption subsidy under subsection (C).
C. An Arizona child shall be eligible for
				adoption subsidy when the child is:
1. In the
				care, custody, and control of the Department, or an adoption agency licensed in
				Arizona, or was previously adopted and received Title IV-E or Arizona adoption
				subsidy;
2. Legally free for
				adoption;
3. Lawfully present in
				the United States; and
4.
				Determined to be a child with special needs as defined by Title IV-E of the
				Social Security Act, and A.R.S. Title 8, Chapter 1, Articles 2 and 3 as
				follows:
a. The child cannot or should not be
				returned to the parent's home;
b.
				The child cannot be placed with adoptive parents without an adoption subsidy
				due to a special need of the child; and
c. A reasonable but unsuccessful effort was
				made to place the child without an adoption subsidy, unless the Department
				determined that it was not in the child's best interest to place the child with
				another family because of the child's significant emotional ties with the
				prospective adoptive parent while in their care as a foster child.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-503 - Application for Adoption Subsidy

Current through Register Vol. 30, No. 28, July 12, 2024
A. The adoptive parent shall submit a
				complete adoption subsidy application to the Department Adoption Subsidy
				Program prior to the finalization of the adoption. A complete adoption subsidy
				application shall include the following:
1.
				The child's:
a. Name;
b. Date of birth;
c. Social Security Number; and
d. Ethnicity;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-504 - Eligibility Determination

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall review the adoption subsidy application
				  and determine eligibility according to the following:
1. The Department shall approve eligibility
				for adoption subsidy if a child meets the eligibility criteria listed in
				R21-5-502 and the adoptive parent submits a complete application. If the
				Department approves eligibility, the Department shall create an adoption
				subsidy agreement that the adoptive parent and the Adoption Subsidy Supervisor
				or designee shall sign before the court enters the final order of
				adoption.
2. The Department shall
				deny eligibility for an adoption subsidy if a child does not meet the
				eligibility criteria listed in R21-5-502. If the Department denies an adoption
				subsidy, the Department shall send a notice to the adoptive parent that
				explains the reason for denial, the applicant's right to appeal, and the
				time-frame to file an appeal.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-505 - Adoption Subsidy Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall create an adoption
				subsidy agreement that lists the scope and nature of the subsidies provided,
				including:
1. The child's documented
				pre-existing special needs condition,
2. The types of subsidy approved,
3. The amount or rates as applicable to the
				types of subsidy approved, and
4.
				The specific terms and conditions of the agreement.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-506 - Medical, Dental, and Mental Health Subsidy

Current through Register Vol. 30, No. 28, July 12, 2024
Adoption subsidy provides medical, dental, and mental health
				  subsidies in the form of federal Medicaid coverage to a child in the Adoption
				  Subsidy Program.
1. If the child
				resides in Arizona, AHCCCS determines eligibility; or
2. If the child resides in another State, the
				relevant state agency in that state determines Medicaid eligibility.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-507 - Maintenance Subsidy

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The maintenance subsidy may not cover all the daily living expenses of the
				adopted child. The Department and the adoptive parent shall negotiate the
				amount of maintenance subsidy based on a child's current special needs and the
				family's circumstances.
1. Under A.R.S.
				§
										8-144(B),
				the amount of the maintenance subsidy shall not exceed the payments allowable
				for foster care, not including foster care special allowances.
2. The Department shall deduct private or
				public monetary benefits, such as benefits received through Title II of the
				Social Security Act, paid to the child from the monthly maintenance subsidy, as
				allowed under state or federal law. The adoptive parent shall report the
				receipt of any private or public monetary benefits for the child to the
				Adoption Subsidy Program as soon as the benefits are received.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-508 - Special Services Subsidy

Current through Register Vol. 30, No. 28, July 12, 2024
A. Special services subsidy shall be:
1. Related to a special needs condition
				listed in the adoption subsidy agreement; and
2. Necessary to improve or maintain the
				adopted child's functioning as documented by an appropriate qualified
				professional. The Adoption Subsidy Program shall review the documentation at
				least annually.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-509 - Nonrecurring Adoption Expenses

Current through Register Vol. 30, No. 28, July 12, 2024
A. Nonrecurring adoption expenses shall not
				cover expenses related to visiting and placing the child.
B. Reimbursement of nonrecurring adoption
				expenses is subject to the limitations in A.R.S. §
									8-164.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-510 - Annual Review; Reporting Change

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each year, the Department shall send a
				review form to the adoptive parent requesting that the adoptive parent provide:
1. Information indicating that the parent
				remains legally and financially responsible for the child;
2. Information on any change in benefits for
				the child, such as benefits received through Title II of the Social Security
				Act;
3. Information on any change
				in circumstances, including changes in residence, marital status, educational
				status, or other similar changes; and
4. A description of any changes in the
				child's special needs conditions that are listed in the adoption subsidy
				agreement.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-511 - Termination of Adoption Subsidy

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall terminate an adoption subsidy when any
				  of the following occurs:
1. The child
				turns 18 years old and is not enrolled in and attending high school or a
				program leading to a high school diploma or general equivalency degree
				(GED);
2. The child is aged 18
				through 21 years, has been continuously enrolled in school, and either drops
				out of school, graduates from high school, or obtains a general equivalency
				degree (GED);
3. The child turns 22
				years old;
4. The adoptive parent
				is no longer legally responsible for the child;
5. The adoptive parent is no longer providing
				support to the child;
6. The child
				marries;
7. The child joins the
				military;
8. The special needs
				conditions of the child no longer exist;
9. The child dies;
10. The adoptive single parent or both
				adoptive parents die; or
11. The
				adoptive parent requests termination.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-512 - New or Amended Adoption Subsidy Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
An adoptive parent may apply for a new or amended adoption
				  subsidy agreement after the adoption is final, only upon documentation of an
				  undiagnosed pre-existing special needs condition that existed before the
				  finalization of the adoption.
1. The
				adoptive parent shall send the Department a written request for adoption
				subsidy with documentation from a qualified professional diagnosing the special
				needs condition and confirming that it existed before the final order of
				adoption.
2. The adoptive parent
				and the Department shall follow the procedures in this Article for processing
				applications and determining eligibility.
3. If the Department finds that the child has
				an undiagnosed pre-existing special needs condition that, if diagnosed prior to
				the adoption, would have met the eligibility criteria listed in R21-5-502, the
				Department shall grant a new subsidy or amend the adoption subsidy agreement to
				cover this special needs condition.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-513 - Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
Appeals for the Adoption Subsidy Program shall follow the
				  process in 21 A.A.C. 1, Article 3.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 5 - ADOPTION SUBSIDY › Section R21-5-514 - Confidentiality

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall maintain the confidentiality of all
				  information used in the Adoption Subsidy Program according to all applicable
				  federal and state laws.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 6 - DEPARTMENT OF CHILD SAFETY - FOSTER HOME LICENSING › Article 1 - DEFINITIONS › Section R21-6-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The definitions contained in A.R.S. §
									8-501
				  and the following definitions apply when used in this Chapter.
1. "Adult" means any person 18 years of age
				or older.
2. "Adverse licensing
				action" means a decision by OLR to deny, suspend, or revoke a
				license.
3. "Appeal" means the
				legal right of an applicant to contest an adverse licensing action.
4. "Applicant" means an individual or married
				couple, unless excepted under R21-6-408, who submit an application for a
				license as a foster home.
5.
				"Application" means the documentation and information required by the OLR to
				evaluate an applicant for a license and includes the application form completed
				via the Department's electronic database to initiate the licensing process. The
				application authorizes the licensing agency and the OLR to conduct assessments
				and investigations to verify qualifications and compliance with licensing
				requirements.
6. "Careful and
				sensible judgment" means the use of decisions and actions that maintain the
				health, safety, and well-being of a foster child.
7. "Central Registry" means the information
				maintained by the Department of substantiated reports of child abuse or neglect
				for the purposes of A.R.S. §
									8-804.
8. "Child" means any person less than 18
				years of age.
9. "Child
				developmental home" means the same as A.R.S. §
									36-551(11).
				The DES Division of Developmental Disabilities (DDD) licenses these types of
				residences to care for a child with a developmental disability in a family
				setting.
10. "Child Placing Agency"
				means the same as A.R.S. §
									8-501(A)(1)(iii):
(iii)
Any agency maintained by this
				state, a political subdivision of this state or a person, firm, corporation,
				association or organization to place children or unmarried mothers in a foster
				home.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 6 - DEPARTMENT OF CHILD SAFETY - FOSTER HOME LICENSING › Article 2 - LICENSING AGENCY REQUIREMENTS FOR FOSTER HOME LICENSING AGENCIES › Section R21-6-201 - Minimum Qualifications for an Applicant

Current through Register Vol. 30, No. 28, July 12, 2024
The licensing agency shall ensure the right of any individual
				  or married couple to apply for a foster home license, regardless of gender,
				  race, religion, political affiliation, national origin, disability, or sexual
				  orientation, if the applicant meets the minimum qualifications specified under
				  Chapter 6 of this Title.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 6 - DEPARTMENT OF CHILD SAFETY - FOSTER HOME LICENSING › Article 2 - LICENSING AGENCY REQUIREMENTS FOR FOSTER HOME LICENSING AGENCIES › Section R21-6-202 - Professional Judgment

Current through Register Vol. 30, No. 28, July 12, 2024
The licensing agency shall use professional judgment in all
				  recommendations made and inquiries conducted in the course of licensure.
				  "Professional judgment" means an objective and thorough analysis based
				  on:
1. Commonly accepted industry
				standards and practices for the regulation of care for children;
2. Knowledge and experience in accordance
				with contractual requirements;
3.
				Interviews, assessments, observations, references, and documented sources of
				verifiable information; and
4.
				Knowledge of laws, rules, and guidelines for providing foster care.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 6 - DEPARTMENT OF CHILD SAFETY - FOSTER HOME LICENSING › Article 2 - LICENSING AGENCY REQUIREMENTS FOR FOSTER HOME LICENSING AGENCIES › Section R21-6-203 - Conflicts of Interest

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The licensing agency shall adopt a written code of ethics regarding conflicts
				of interest.
B. The licensing
				agency shall assign the following duties for any conflicts of interest other
				than those listed in subsection (C) to an impartial party, such as a neutral
				employee or another licensing agency.
1. The
				home study and assessment responsibilities as described under R21-6-206;
				and
2. Licensing complaints as
				described under R21-6-221.