reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-303 - Entitlement to a Hearing; Appealable and Not Appealable Actions

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant,
				licensee, or client, who disputes an adverse action may appeal and request an
				administrative hearing from the Department to challenge the adverse action as
				provided in this Article.
B. The
				following adverse actions are appealable:
1.
				An adverse licensing action on:
a. A foster
				home license (A.R.S. §
											8-506
				);
b. A Child Welfare Agency
				license (A.R.S. §
											8-506.01
				); and
c. An adoption agency
				license (A.R.S. §
											8-126
				).
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-304 - Computation of Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				computing any time period:
1. The term "day"
				means a calendar day;
2. The term
				"work day" means Monday through Friday, excluding Arizona state
				holidays;
3. The date of the act,
				event, notice, or default from which a designated time period begins to run is
				not counted as part of the time period; and
4. The last day of the designated time period
				is counted, unless it is a Saturday, Sunday, or Arizona state
				holiday.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-305 - Request for Hearing: Form; Time Limits; Presumptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. An appellant who wishes to appeal an
				adverse action shall file a written request within the following time frames
				for a hearing with the Administration:
1. For
				a Child Welfare Agency, 20 days after receipt of the adverse action notice
				under A.R.S. §
										8-506.01;
2. For a foster home license revocation, 25
				days after the mailing date of the adverse action notice under A.R.S. §
										8-506;
3. For all other appeals covered by this
				Article, 20 days after receipt of the adverse action notice.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-306 - Administration: Transmittal of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
An Administration that receives a request for an appeal shall
				  send the OAH a copy of the request and a copy of the adverse action notice
				  within two work days of receipt of the request. The Administration shall
				  include all information as specified in A.A.C.
				  R2-19-103.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-307 - Stay of Adverse Action Pending Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an applicant, licensee, or client does
				not appeal, the Department shall carry out the adverse action after the time
				for filing an appeal has passed, or sooner if the appellant waives the delay of
				action in writing.
B. If an
				applicant, licensee, or client does not appeal, the Department shall not carry
				out the adverse action if the appellant has an additional appealable adverse
				action notice that may result in the same adverse action proposed in the
				current notice, and the time for filing an appeal to the additional adverse
				action notice has not passed.
C. If
				an appellant timely appeals an appealable adverse action as provided in
				R21-1-305, the Department shall not carry out the adverse action until an
				administrative hearing has been held and the Director certifies a final
				administrative decision.
D. If an
				appellant timely appeals an adverse action under R21-1-305, the Department may
				immediately carry out the adverse action under the following circumstances:
1. The appellant expressively waives the
				delay of action;
2. The appeal
				challenges an adverse action that is not appealable under
				R21-1-303(C);
3. The appellant
				withdraws the request for hearing;
4. The appellant fails to appear for the
				hearing; or
5. The Department
				summarily suspends a license and makes all of the required findings under
				A.R.S. §
										41-1064.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-308 - Hearings: Location; Notice; Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. The hearing shall be held by
				OAH.
B. OAH may schedule a
				telephonic hearing or permit a witness to appear telephonically as granted in
				A.A.C.
				R2-19-114.
C. After receiving a request for an appeal,
				the Department shall hold the hearing:
1. For
				a foster parent, 10 days after the Department receives the request for an
				appeal under A.R.S. §
										8-506;
2. For a Child Welfare Agency, 10 days after
				the Department receives the request for an appeal under A.R.S. § 506.01;
				and
3. The time listed in A.R.S.
				§
										41-1092.05(A)(2)
				 for all other appeals.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-309 - Rescheduling a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				appellant may request to postpone or reschedule a hearing under
				R2-19-110.
B. Except in emergency circumstances, the
				appellant shall file a request for postponement at least five work days before
				the scheduled hearing date. OAH may deny an untimely request by considering the
				factors in A.A.C.
				R2-19-110.
C. When OAH reschedules a hearing under this
				Section or under A.A.C.
				R2-19-110,
				OAH notifies all interested parties in writing of the rescheduled hearing. The
				notice requirements in R21-1-305(A) do not apply to postponed or rescheduled
				hearings.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-310 - Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party who
				wishes to have a witness testify at a hearing, or to offer a particular
				document or item in evidence, shall first attempt to obtain the witness or
				evidence by voluntary means.
B. A
				party shall request a subpoena under A.A.C.
				R2-19-106 and A.A.C.
				R2-19-113.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-311 - Parties' Rights

Current through Register Vol. 30, No. 28, July 12, 2024
A party to a hearing has the following rights:
1. The right to request a postponement of the
				hearing, as provided in A.A.C.
				R2-19-106(A)(2)
				and A.A.C.
				R2-19-110.
2. The right to a copy, before or during the
				hearing, of documents in the Department's file regarding the appellant, and
				documents the Department may use at the hearing, except documents:
a. Shielded by the attorney-client
				privilege;
b. Shielded by
				work-product privilege; or
c.
				Otherwise prohibited by federal or state confidentiality laws.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-312 - Withdrawal of an Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				appellant may withdraw an appeal at any time prior to the scheduled hearing by
				signing a written statement expressing the intent to withdraw. The Department
				shall make a form available for an appellant to withdraw an appeal. An
				appellant may also orally withdraw an appeal on the open record under A.A.C.
				R2-19-111.
B. The Department shall sign the form and
				file the form at OAH.
C. OAH shall
				vacate the hearing and return the matter to the Department under A.A.C.
				R2-19-111.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-313 - Effect of the Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the Department Director reviews the ALJ's recommended decision the Director may
				agree or disagree with the recommended decision as permitted in A.R.S. §
									41-1092.08(F).
B. The Department Director's final
				administrative decision becomes effective on the day OAH certifies the
				Department Director's final administrative decision.
C. If the Department Director chooses not to
				review the recommended decision, then the ALJ's recommended decision becomes
				the final administrative decision within the timeframe under A.R.S. §
									41-1092.08.
D. If the final administrative decision
				affirms the adverse action, the adverse action remains in effect until the
				appellant appeals and obtains a higher judicial decision reversing or vacating
				the final administrative decision.
E. If a final administrative decision
				reverses the Department's adverse action, the Department shall not take the
				adverse action.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 3 - APPEALS AND HEARING PROCEDURES › Section R21-1-314 - Judicial Review

Current through Register Vol. 30, No. 28, July 12, 2024
Any party adversely affected by a final administrative
				  decision may seek judicial review as prescribed in A.R.S. § 1092.08 and
				  A.A.C.
				  R2-19-122.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 4 - FINGERPRINTING › Section R21-1-401 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article, unless the context otherwise
				  requires:
1. "Applicant" means
				personnel who apply for a Level One fingerprint clearance card or a person who
				applies for a license or certificate issued by the Department and who A.R.S.
				§
									46-141(I)
				 requires to submit a full set of
				fingerprints for the purpose of obtaining a state and federal criminal records
				check.
2. "Criminal History" means
				the same as A.R.S. §
									41-1750(Y)(5).
3. "Department" or "DCS" means the Arizona
				Department of Child Safety.
4.
				"Direct visual supervision" means within sight and hearing of a provider or
				personnel who have a Level One fingerprint clearance card.
5. "Juvenile" means an individual who is less
				than 18 years of age.
6. "Level One
				fingerprint clearance card" means the same as A.R.S. §
									41-1758.07(A).
7. "License" means the whole or part of a
				Department permit, registration, or similar form of permission or authorization
				required by law, but does not include a foster home license.
8. "Person" means a corporation, company,
				partnership, firm, association or society, as well as a natural
				person.
9. "Provider" means a
				federally recognized Indian tribe, county, political subdivision, military
				base, or person with whom the Department contracts or licenses to provide
				services to juveniles.
10.
				"Personnel" means paid or unpaid persons who have or may have direct contact
				with juveniles or provide services directly to juveniles for a provider,
				including the provider, consultants, subcontractors, volunteers, students, and
				persons otherwise affiliated with the provider.
11. "Services directly to juveniles" means
				in-person interaction between a provider or personnel and a juvenile.
12. "Supervised" means that personnel are
				within direct visual supervision at all times when providing services of any
				nature directly to juveniles, including psychological, medical, or any
				ancillary services.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 4 - FINGERPRINTING › Section R21-1-402 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
This Article covers any applicant, provider, and personnel.
				  This Article does not apply to a foster home license or adoptive home
				  certification.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 4 - FINGERPRINTING › Section R21-1-403 - Time Period Prior to Results of Personnel Criminal Records Check or Issuance of a Level One Fingerprint Clearance Card

Current through Register Vol. 30, No. 28, July 12, 2024
A. A provider shall not allow an applicant
				who applies for a Level One fingerprint clearance card under A.R.S §
									46-141
				to provide services directly to juveniles or have unsupervised contact with
				juveniles until the applicant obtains a valid Level One fingerprint clearance
				card.
B. A provider shall not allow
				an applicant who is required to submit fingerprints to the Department under
				A.R.S. §
									46-141(I)
				 to provide services directly to or have
				unsupervised contact with juveniles unless the applicant clears the Criminal
				records check or obtains a valid Level One fingerprint clearance card, as
				applicable.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 4 - FINGERPRINTING › Section R21-1-404 - Effect of No Criminal History Disclosed

Current through Register Vol. 30, No. 28, July 12, 2024
A provider may allow an applicant or personnel who certifies
				  under A.R.S. §
									46-141(E),
				  (F), and (G) that the applicant or personnel
				  has not been convicted of or is awaiting trial for an offense listed in A.R.S.
				  §
									41-1758.07(B)
				  or (C), or A.R.S. §
									46-141(G),
				  and who is not subject to registration as a sex offender in this state or any
				  other jurisdiction, to provide supervised services directly to
				  juveniles.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 4 - FINGERPRINTING › Section R21-1-405 - Effect of Proscribed Criminal History Disclosed or Discovered

Current through Register Vol. 30, No. 28, July 12, 2024
A. A provider shall
				not allow an applicant or personnel who disclose or have been convicted of or
				are awaiting trial for an offense listed in A.R.S. §
									41-1758.07(B)
				or (C), or A.R.S. §
									46-141(G),
				or who are subject to registration as a sex offender in this state or any other
				jurisdiction to provide services directly to or have any contact with
				juveniles.
B. A provider shall not
				allow an applicant or personnel who apply for a Good Cause Exception under
				A.R.S. §
									41-619.55
				to provide services directly to or have any contact with juveniles until the
				Good Cause Exception is granted.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 4 - FINGERPRINTING › Section R21-1-406 - Effect of Denied, Expired, Revoked or Suspended Level One Fingerprint Clearance Card

Current through Register Vol. 30, No. 28, July 12, 2024
Upon notification by the Department of the denial,
				  expiration, revocation, or suspension of a Level One fingerprint clearance
				  card, the provider shall immediately prohibit those personnel from providing
				  services directly to or having any contact with juveniles.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 5 - SUBSTANTIATION OF REPORT FINDINGS › Section R21-1-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article.
1. "Abuse" means the same as A.R.S. §
									8-201(2).
2. "Amend the finding" means the same as
				A.R.S. §
									8-811(L)(1).
3. "Case Record" means the Report of child
				abuse and neglect and related records the Department intends to submit at the
				hearing, including information from internal and external sources.
4. "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.
5. "Completed Investigation" means the case
				record and the proposed substantiated finding for the report of child abuse or
				neglect have been reviewed and approved by a supervisor and contains all of the
				information required to support a finding of proposed substantiation.
6. "Day" means a calendar day.
7. "Department" or "DCS" means the Arizona
				Department of Child Safety.
8.
				"Ineligibility Letter" means a notice sent from the Department via first class
				mail to a person alleged to have committed child abuse or neglect stating that
				the person is not entitled to an administrative hearing on the issue for one of
				the reasons listed in R21-1-505.
9.
				"Initial Notification Letter" means a notice sent from the Department via first
				class mail to an alleged perpetrator informing the person of the proposed
				finding of child abuse or neglect to be entered in the Central Registry and
				describing appeal rights to challenge the proposed finding.
10. "Legally excluded" means that an alleged
				perpetrator is not entitled to an administrative hearing under A.R.S. §
									8-811,
				because:
a. A court or administrative law
				judge has made a finding of abuse or neglect based on the same allegations as
				in the proposed substantiated finding; or
b. A court has found that a child is
				dependent, or has terminated a parent's rights based upon the same allegations
				of abuse or neglect as in the proposed substantiated finding.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 5 - SUBSTANTIATION OF REPORT FINDINGS › Section R21-1-502 - Initial Notification Letter

Current through Register Vol. 30, No. 28, July 12, 2024
A. When PSRT receives a proposed
				substantiated finding, PSRT shall notify an alleged perpetrator that:
1. The Department intends to substantiate the
				proposed finding and place the alleged perpetrator's name in the Central
				Registry;
2. The alleged
				perpetrator may obtain a copy of the Report for Investigation; and
3. The alleged perpetrator has the right to
				an administrative hearing before the person's name is entered in the Central
				Registry.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 5 - SUBSTANTIATION OF REPORT FINDINGS › Section R21-1-503 - Time Frame to Request an Administrative Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An alleged perpetrator shall request a
				hearing on the proposed substantiated finding by the Department within 20 days
				from the mailing date of the Initial Notification Letter. The mailing date of
				the Initial Notification Letter is deemed the date of the letter.
B. A request is timely if:
1. The request is postmarked no later than 20
				days from the mailing date of the Initial Notification Letter;
2. The request is not postmarked, and the
				request is stamped as received by the Department within 20 days of the mailing
				date of the initial notification letter;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 5 - SUBSTANTIATION OF REPORT FINDINGS › Section R21-1-504 - Psrt Review

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Upon receiving a timely request for an administrative hearing, the PSRT shall
				within 60 days review the Case Record and shall:
1. Determine there is no probable cause that
				the alleged perpetrator committed child abuse or neglect and amend the proposed
				substantiated finding to unsubstantiated; or
2. Determine there is probable cause and send
				the alleged perpetrator a hearing notice.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 5 - SUBSTANTIATION OF REPORT FINDINGS › Section R21-1-505 - Exceptions to Right to a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An alleged perpetrator shall be eligible
				to have an administrative hearing unless the alleged perpetrator is legally
				excluded.
B. The Department shall
				mail an alleged perpetrator who is legally excluded an Ineligibility Letter
				within seven days of the PSRT determination of ineligibility for an
				appeal.
C. The Department shall not
				schedule an administrative hearing if the alleged perpetrator:
1. Is a party in a pending civil, criminal,
				or administrative proceeding in which the same allegations of child abuse or
				neglect are at issue; or
2. Has a
				pending juvenile proceeding in which the same allegations of child abuse or
				neglect are at issue.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 5 - SUBSTANTIATION OF REPORT FINDINGS › Section R21-1-506 - Dependency Adjudication

Current through Register Vol. 30, No. 28, July 12, 2024
If the court in a proceeding described in A.R.S. §
									8-811(F)(3),
				  makes a finding of dependency based on child abuse or neglect against a person,
				  the Department shall enter the person's name and the fact of the dependency
				  finding in the Central Registry.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 5 - SUBSTANTIATION OF REPORT FINDINGS › Section R21-1-507 - Director Review and Further Appeal after the Administrative Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				administrative law judge's decision is not final until the Department Director
				reviews the decision. The Director has 30 days to review the administrative
				decision. The Director may accept, reject or modify an administrative law
				judge's decision under A.R.S. §
									41-1092.08.
B. A perpetrator may appeal the final
				administrative decision under A.R.S. Title 12, Chapter 7, Article 6.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 1 - DEPARTMENT OF CHILD SAFETY - ADMINISTRATION › Article 5 - SUBSTANTIATION OF REPORT FINDINGS › Section R21-1-508 - Entry into the Central Registry

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the perpetrator does not appeal the
				proposed substantiation, PSRT shall enter the perpetrator's name and the
				substantiated finding in the Central Registry.
B. If the administrative decision upholds the
				substantiation and the Department Director accepts the decision, PSRT shall
				enter the perpetrator's name and the substantiated finding in the Central
				Registry no later than 20 days after the date of the final administrative
				decision.
C. The Department shall
				not enter the person's name or the finding in the Central Registry if the:
1. Final administrative decision holds that
				the allegations of abuse or neglect are not substantiated; or
2. A court ruling described in R21-1-505(C)
				finds no abuse or neglect by the alleged perpetrator.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 3 - DEPARTMENT OF CHILD SAFETY - CENTRALIZED INTAKE HOTLINE › Article 1 - DEFINTIONS › Section R21-3-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The definitions in A.R.S. §§
									8-101,
				  8-201,
				  8-501,
				  8-455,
				  8-531 and
				  8-801, and the
				  following definitions apply in this Chapter and Title 21, Chapter 4:
1. "Abuse" means the same as in A.R.S. §
									8-201.
2. "Centralized Intake Hotline" or "the
				Hotline" means the same as in A.R.S. §
									8-455.
3. "Child" means the same as in A.R.S. §
									8-101.
4. "Child Safety Specialist" means the same
				as "child safety worker" as in A.R.S. §
									8-801.
5. "Child safety services" means the same as
				in A.R.S. §
									8-801.
6. "Child welfare agency" means the same as
				in A.R.S. §
									8-501.
7. "Criminal conduct allegation" means the
				same as in A.R.S. §
									8-201.
8. "Criminal investigation" means an
				investigation of criminal allegations conducted by a law enforcement
				agency.
9. "Criminal offense" means
				an allegation of abuse and neglect perpetrated by someone other than a parent,
				guardian, custodian, or other adult member of the child's household that, if
				true, would constitute a felony offense.
10. "Custodian" means a person defined in
				A.R.S. §
									8-201.
11. "DCS Investigator" means a DCS employee
				who investigates allegations of child abuse or neglect pursuant to A.R.S.
				§§
									8-456
				and
				8-471.
12. "DCS Report" means a communication
				received by the Centralized Intake Hotline that alleges child abuse or neglect
				that meets the criteria for a report as set forth in A.R.S. §
									8-455.
13. "Department" or "DCS" means the Arizona
				Department of Child Safety.
14.
				"Finding" means one of the following:
a. The
				Department has determined during its investigation that probable cause exists
				to substantiate the allegation of abuse or neglect of a child, and
i. The specific person responsible has been
				identified, or
ii. The specific
				person responsible has not been identified,
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 3 - DEPARTMENT OF CHILD SAFETY - CENTRALIZED INTAKE HOTLINE › Article 2 - RECEIPT AND SCREENING OF COMMUNICATIONS › Section R21-3-201 - Receipt of Information; Centralized Intake Hotline

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall operate a Centralized
				Intake Hotline to receive and screen communications of suspected abuse or
				neglect of a child.
B. The
				Department shall publicize on the Department's website the availability and the
				purposes of the Centralized Intake Hotline.
C. The Department shall accept an anonymous
				communication if the source refuses to provide identifying and contact
				information.
D. When the
				Centralized Intake Hotline receives an incoming communication, the Intake
				Specialist shall gather relevant information to determine whether it meets the
				criteria for a DCS Report as prescribed in A.R.S. § 8-455.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 3 - DEPARTMENT OF CHILD SAFETY - CENTRALIZED INTAKE HOTLINE › Article 2 - RECEIPT AND SCREENING OF COMMUNICATIONS › Section R21-3-202 - Preliminary Screening

Current through Register Vol. 30, No. 28, July 12, 2024
The following allegations standing alone do not meet the
				  criteria for a DCS Report unless the communication also includes an allegation
				  of child abuse or neglect as defined in A.R.S. § 8-201 and otherwise meets
				  the criteria as set forth in A.R.S. § 8-455:
1. The child is absent from school;
2. The child is age eight years or older and
				has allegedly committed a delinquent act;
3. The sibling of a child eight years or
				older has allegedly committed a delinquent act;
4. The sibling or other child living in the
				home who is age eight years or older allegedly committed a delinquent act
				against the alleged child victim;
5. The child's parents are absent from the
				home or are unable to care for the child but made appropriate arrangements for
				the child's care;
6. The child is
				receiving treatment from an accredited Christian Science practitioner, or other
				religious or spiritual healer, but the child's health is not:
a. In imminent risk of harm; or
b. Endangered by the lack of medical
				care;
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 3 - DEPARTMENT OF CHILD SAFETY - CENTRALIZED INTAKE HOTLINE › Article 2 - RECEIPT AND SCREENING OF COMMUNICATIONS › Section R21-3-203 - Disposition of Communications

Current through Register Vol. 30, No. 28, July 12, 2024
A. DCS Report. If a communication meets
				criteria for a DCS Report, the Intake Specialist shall:
1. Enter the DCS Report information into the
				Department's case management information system;
2. Assign an appropriate response time,
				ranging from an immediate response to a response time not to exceed seven
				days;
3. Immediately transmit the
				DCS Report to the appropriate field unit; and
4. Inform the reporting source that the
				information meets criteria for a DCS Report, that the report will be sent to a
				field unit, and provide the reporting source, when identified, with contact
				information for the field unit.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 3 - DEPARTMENT OF CHILD SAFETY - CENTRALIZED INTAKE HOTLINE › Article 2 - RECEIPT AND SCREENING OF COMMUNICATIONS › Section R21-3-204 - Quality Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall conduct a review at least weekly of
				  communications concerning alleged abuse or neglect of a child, which do not
				  meet criteria for a DCS Report, to verify the communications are properly
				  classified.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 4 - DEPARTMENT OF CHILD SAFETY - RESPONSE TO REPORTS › Article 1 - INVESTIGATIONS › Section R21-4-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The definitions in A.R.S. §§
									8-101, 8-201, 8-455,
				  8-501, 8-531, and 8-801, and R21-3-101 apply in this Chapter.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 4 - DEPARTMENT OF CHILD SAFETY - RESPONSE TO REPORTS › Article 1 - INVESTIGATIONS › Section R21-4-103 - Methods of Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. DCS shall investigate or respond to each
				DCS Report by interviewing or personally observing the alleged child victim,
				interviewing other children and individuals, reviewing documents, and using
				other accepted investigative techniques, as necessary, to gather sufficient
				information to:
1. Determine whether the
				child subject of the report is currently safe or unsafe;
2. Support or refute the allegation of abuse
				or neglect;
3. Determine the name,
				age, and condition of other children in the home; and
4. Determine whether child safety services
				are needed.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 4 - DEPARTMENT OF CHILD SAFETY - RESPONSE TO REPORTS › Article 1 - INVESTIGATIONS › Section R21-4-104 - Coordination with Law Enforcement

Current through Register Vol. 30, No. 28, July 12, 2024
A. In DCS Reports containing a criminal
				conduct allegation, a DCS Investigator shall coordinate with law enforcement
				pursuant to the applicable Joint Investigative Protocol. In DCS Reports that do
				not contain a criminal conduct allegation, a DCS Investigator shall coordinate
				with law enforcement as appropriate.
B. When a DCS Investigator investigates a DCS
				Report containing allegations of criminal conduct across jurisdictions, the DCS
				Investigator shall follow the Joint Investigative Protocol of the jurisdiction
				where the lead investigative agency is located.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 4 - DEPARTMENT OF CHILD SAFETY - RESPONSE TO REPORTS › Article 1 - INVESTIGATIONS › Section R21-4-105 - Investigation Findings; Required Documentation

Current through Register Vol. 30, No. 28, July 12, 2024
A. After completing an investigation, the DCS
				Investigator or Child Safety Specialist shall propose substantiation if there
				is probable cause to believe a child was abused or neglected or, if not, shall
				unsubstantiate the allegation.
B. A
				DCS Investigator or Child Safety Specialist shall document the finding and the
				reason in the case record.
C. A DCS
				Supervisor shall review the proposed finding and shall notify PSRT of a
				proposed substantiation.
D. DCS
				shall provide the parent, guardian, or custodian written notice of the outcome
				of the investigation.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 4 - DEPARTMENT OF CHILD SAFETY - RESPONSE TO REPORTS › Article 1 - INVESTIGATIONS › Section R21-4-106 - Ongoing Services; Case Closure

Current through Register Vol. 30, No. 28, July 12, 2024
A DCS Investigator shall close a case if the investigation
				  determines the child or children are not in need of child safety services,
				  whether or not the allegations are substantiated or
				  unsubstantiated.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 4 - DEPARTMENT OF CHILD SAFETY - RESPONSE TO REPORTS › Article 1 - INVESTIGATIONS › Section R21-4-107 - Procedures for Temporary Custody

Current through Register Vol. 30, No. 28, July 12, 2024
A. Using a uniform safety and risk assessment
				tool, a DCS Investigator shall determine whether the child can remain safely in
				the home or needs to be taken into temporary custody of the
				Department.
B. Before taking
				temporary custody of a child, the Department shall consider whether the
				Department may:
1. Help the family obtain
				resources such as emergency food, shelter, clothing, or utilities, so that the
				child may safely remain in the home;
2. Enter into an agreement with the child's
				parent, guardian, or custodian that provides for the alleged abuser to leave
				the home and for remaining family members to protect the child;
3. Help the protective parent, guardian, or
				custodian and the child leave the home of the alleged abuser; and
4. Place the child in a voluntary placement
				agreement as provided in A.R.S. §
										8-806.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 4 - DEPARTMENT OF CHILD SAFETY - RESPONSE TO REPORTS › Article 1 - INVESTIGATIONS › Section R21-4-108 - Quality Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
DCS shall conduct regular reviews of responses to reports to
				  verify that investigations are properly conducted and procedures for temporary
				  custody are followed.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 1 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section R21-5-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The definitions contained in A.R.S. §
									8-548
				  and the following definitions apply in this Article:
1. "Child" means any person less than the age
				of 18 years.
2. "Compact" or 'ICPC"
				means the Interstate Compact on the Placement of Children.
3. "Compact Administrator" means the same as
				A.R.S. §
									8-548.
4. "Compact State" means a state that is a
				member of the Interstate Compact on the Placement of Children.
5. "Department" or "DCS" means the Arizona
				Department of Child Safety.
6.
				"Interstate placement" means any movement of a child from one state to another
				state for the purpose of establishing a suitable living environment and
				providing necessary care.
7.
				"Intra-state placement" means the placement of a child within a state by an
				agency of that state.
8.
				"Placement" means the same as in A.R.S. §
									8-548.
9. "Receiving state" means the same as in
				A.R.S. §
									8-548.
10. "Sending agency" means the same as in
				A.R.S. §
									8-548.
11. "Sending state" means the state where the
				sending agency is located, or the state in which the court holds exclusive
				jurisdiction over a child, which causes, permits, or enables the child to be
				sent to another state.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 1 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section R21-5-102 - Authority

Current through Register Vol. 30, No. 28, July 12, 2024
The ICPC is governed by A.R.S. §§
									8-548
				  through
				  8-548.06
				  and the ICPC regulations. ICPC regulations are posted on the Association of
				  Administrators of the Interstate Compact on the Placement of Children website.
				  These regulations supplement those authorities and must be read in conjunction
				  with them.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 1 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section R21-5-103 - Conditions of Placement

Current through Register Vol. 30, No. 28, July 12, 2024
No person, court, or public or private agency in a Compact
				  State shall place a child in another Compact State until the Compact
				  Administrator in the receiving state has notified the Compact Administrator in
				  the sending state, on a prescribed form, that such placement does not appear to
				  be contrary to the interests of the child and does not violate any applicable
				  laws of the receiving state.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 1 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section R21-5-104 - Financial Responsibility

Current through Register Vol. 30, No. 28, July 12, 2024
The sending person, court, or public or private agency shall
				  be held financially responsible for:
1. Sending the child to the receiving
				state;
2. Returning the child to
				the sending state; and
3. Treatment
				of the child during the period of placement.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 1 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section R21-5-105 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as listed
				in sub-section B, the ICPC applies to the placement of:
1. Children in another Compact State by an
				agency, court or person, which has care or custody of the children.
2. Foreign-born children who are brought
				under the jurisdiction of a Compact State by an international child placing
				agency.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 1 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section R21-5-106 - Placement Approval

Current through Register Vol. 30, No. 28, July 12, 2024
Sending and receiving states must obtain approval from the
				  Compact Administrator in both the sending and receiving states prior to the
				  placement of a child in another Compact State.
Arizona Administrative Code › Title 21 - CHILD SAFETY › Chapter 5 - DEPARTMENT OF CHILD SAFETY - PERMANENCY AND SUPPORT SERVICES › Article 1 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN › Section R21-5-107 - Operations

Current through Register Vol. 30, No. 28, July 12, 2024
In providing services provided under this Article, the
				  sending and the receiving state shall:
1. Maintain all information required by state
				and federal law.
2. Comply with all
				federal and their respective state laws and regulations regarding the
				disclosure and use of confidential health and personal information.
3. Comply with all federal and their
				respective state non-discrimination laws and regulations.
4. Ensure that interpreters, including
				assistance for the visually or hearing impaired, are available to those
				receiving services at no cost.
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 R21-5-201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article:
1. "Active participation" means the foster
				youth is demonstrating efforts toward completion of case plan goals such as
				regular attendance at school or employment that results in school credits or
				earned wages.
2. "Aftercare
				services" means assistance and support available to eligible, former foster
				youth living in Arizona after the Department, tribal foster care, or other
				state foster care case is dismissed, and includes services available through
				the Transitional Independent Living Program.
3. "Age of majority" means that a person is
				at least 18 years old.
4. "Approved
				living arrangement" means a residence that has been reviewed by the assigned
				Child Safety Worker or other responsible agency staff and approved within the
				individual case plan.
5. "Arizona
				Young Adult Program" means a group of programs and services designed to assist
				eligible youth to make a successful transition to adulthood. The programs and
				services include Independent Living Services, the Independent Living Subsidy
				Program, Voluntary Out-of-home Care for Foster Youth 18 through 20 Years of
				Age, and the Transitional Independent Living Program.
6. "Child placing agency" means the same as
				in A.R.S. §
									8-501(A)(1)(a)(iii),
				and includes a Child Welfare Agency that OLR licenses as a Placing Agency to
				place a child in a licensed foster home, or facility.
7. "Child Welfare Agency" means the same as
				in A.R.S. §
									8-501.
8. "Child Safety Worker" means the same as in
				A.R.S. §
									8-801.
9. "Custody of the Department" means that the
				foster youth:
a. Is in out-of-home care under
				the supervision of the Department while the subject of a dependency petition,
				as an adjudicated dependent, or placed voluntarily under A.R.S. §
										8-806;
				or
b. Is 18, 19, or 20 years of
				age, a resident of Arizona, and has signed an individual case plan agreement
				for voluntary out-of-home care. This includes foster youth who were dually
				adjudicated (dependent and delinquent) and released from a secure setting prior
				to, or on the foster youth's 19th birthday.
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 R21-5-202 - Provision of Services

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall provide services and stipends for the IL Services, IL
				Subsidy, and TIL services to eligible youth in a manner that is fair and
				equitable.
B. The Department shall
				provide Independent Living Services to eligible foster youth based on needs
				identified by the eligible foster youth, by service team recommendations, or
				the findings of a life skills assessment. The services shall address needs
				identified in the eligible foster youth's individual case plan and may include
				one or more of the following, depending on the individual case plan goals:
1. Information and assistance to create and
				maintain a network of natural supports;
2. Independent living skills
				training;
3. Program
				incentives;
4. Information and
				assistance in life care and health care planning, including enrollment in a
				health plan;
5. Educational,
				career, and vocational planning;
6.
				Financial assistance for post-secondary education and training;
7. Out-of-home care for foster youth 18
				through 20 years of age; or
8.
				Aftercare services through the Transitional Independent Living
				Program.
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 R21-5-203 - Denial of Services

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall deny services if a person does not meet
				  the eligibility requirements of A.R.S. §§
									8-806,
				  8-521, 8-521.01, and R21-5-204.
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 R21-5-204 - Eligibility

Current through Register Vol. 30, No. 28, July 12, 2024
A. Independent
				Living Services. In order to be eligible for IL Services a person shall:
1. Be at least 16 years of age and less than
				21 years of age;
2. Be in the
				custody of the Department or tribal child welfare agency;
3. Reside in out-of-home care;
4. Be referred by the eligible youth's
				assigned Child Safety Worker, other Department staff, or a tribal social
				services representative; and
5. Be
				a resident of Arizona if 18, 19, or 20 years of age.
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 R21-5-205 - Out-of-home Care Services for Foster Youth 18 through 20 Years of Age

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				may provide out-of-home care services and supervision to a foster youth less
				than 21 years of age, who reached the age of 18 years while in the custody of
				the Department, and was either in out-of-home care or in secure care, as
				defined by A.R.S. §
									8-201, through a
				delinquency action, when the foster youth:
1.
				Requests out-of-home care;
2. Has
				residency in the state of Arizona;
3. Participates in developing an individual
				case plan agreement for out-of-home care; and
4. Demonstrates acceptance of personal
				responsibility for his or her part of the agreement through active
				participation in the individual case plan.
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 R21-5-206 - Transitional Independent Living Program

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Transitional Independent Living
				Program provides services to eligible youth, under A.R.S. §
									8-521.01
				that complements their own efforts toward becoming self-sufficient. The
				Department may provide the following assistance, depending on individual
				service plan goals:
1. Financial,
2. Housing,
3. Counseling,
4. Employment,
5. Education, and
6. Other appropriate support and
				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 R21-5-207 - Re-entry into Out-of-home Care

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall facilitate re-entry
				into out-of-home care for eligible youth participating in the Transitional
				Independent Living Program.
B. On
				request for re-entry by the eligible youth, the Department shall confirm the
				eligible youth's request to receive out-of-home care, supervision, and other
				services with the youth and within ten work days:
1. Facilitate a meeting with the eligible
				youth to review the requirements under R21-5-205;
2. Assist the eligible youth to develop an
				individual case plan that includes an effective date for reopening the
				Department case;
3. Identify the
				name and contact information of the Child Safety Worker or responsible agency
				staff assigned to the case;
4.
				Identify the out-of-home care type selected such as, foster home, residential
				group care facility, Independent Living Program, or other
				arrangement;
5. Notify the
				identified Child Safety Worker or responsible agency staff assigned to the
				case; and
6. Complete all necessary
				authorizations for out-of-home care and other services to reasonably ensure a
				smooth transition from the TIL Services to the IL Services.