Ariz. Admin. Code § 21-5-301

Current through Register Vol. 31, No. 2, January 10, 2025

Section R21-5-301 - Definitions

In addition to the definitions in A.R.S. § 8-101, the following definitions apply in this Article, Article 4 of this Chapter, and 21 A.A.C. 9:

1. "Adoptable child" means a child who is legally available for adoption but who has not been placed for adoption.

2. "Adoptee" means a child who is the subject of a legal petition for adoption.

3. "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.

4. "Adoption entity" or "entity" means the Department and includes an adoption agency, but does not include a private attorney who is licensed to practice law in the state of Arizona and who is only assisting in a direct placement adoption to the extent allowed by A.R.S. § 8-130(C).

5. "Adoption placement" or "placement" means the act of placing an adoptable child in the home of an adoptive parent who has filed, or is contemplating filing, a petition to adopt the child.

6. "Adoption Registry" means the electronic database described in A.R.S. § 8-105.

7. "Adoption services" means activities conducted in furtherance of an adoption and includes the activities listed in A.A.C. R21-5-303 and R21-9-201(B).

8. "Adoptive parent" means an individual who has successfully completed the application process and has been certified by the court to adopt. An adoptive parent includes an individual who does not have a child placed in their home.

9. "Agency placement" means the child is placed in an adoptive home chosen by the adoption agency.

10. "AHCCCS" means the Arizona Health Care Cost Containment System, which is the State's program for medical assistance available under Title XIX of the Social Security Act and state public insurance statutes under A.R.S. Title 36, Chapter 29.

11. "Applicant" means an individual who has applied to become an adoptive parent.

12. "Birth parent" means the biological mother or father of a child.

13. "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.

14. "Certification application" means the form that an applicant submits to an adoption entity or to the court to request a certification investigation to become certified as an adoptive parent.

15. "Certification investigation" means the process referred to in A.R.S. § 8-105(C) by which an adoption entity determines if an applicant is a fit and proper person to adopt.

16. "Certification order" means a judicial determination that an applicant is acceptable to adopt children.

17. "Certification report" or "adoptive home study" means the written report described in A.R.S. § 8-105, in which an adoption entity summarizes the results of a certification investigation and makes a recommendation for or against certification of an applicant.

18. "Child with special needs" means a child who has one of the special needs listed in A.R.S. § 8-141.

19. "Department" or "DCS" means the Arizona Department of Child Safety.

20. "Developmentally appropriate" means an action that takes into account:

a. A child's age and family background;

b. The predictable changes that occur in a child's physical, emotional, social, cultural, and cognitive development; and

c. A child's pattern and history of growth, personality, and learning style.

21. "Direct placement" means the child is placed in an adoptive home by the birth parent or legal parent.

22. "Final report to the court" means a written report that includes a social study under A.R.S. § 8-112, in which an adoption entity advises the court of the entity's assessment and recommendations about the finalization of a particular adoption.

23. "Foster parent" means the same as in A.R.S. § 8-501.

24. "ICPC" means the Interstate Compact on the Placement of Children described in A.R.S. § 8-548.

25. "ICWA" means the Indian Child Welfare Act described in 25 U.S.C. 1901 et seq.

26. "Legally available" means a child whose birth or legal parents are deceased, have voluntarily relinquished their parental rights, or whose parental rights have been terminated by the court.

27. "License" means a permission granted by the Department to an adoption agency authorizing the adoption agency to perform adoption services in A.A.C. R21-9-201(B).

28. "Open adoption" means an adoption in which the adoptive parent and the birth or legal parent agree to share varying degrees of each other's personal information for future contact.

29. "Out-of-state agency" means any person or entity that is authorized or licensed by a state other than Arizona, or a foreign country, to perform adoption services.

30. "Placed child" means an adoptable child who has been placed with an adoptive parent, and the adoptive parent has not yet filed a petition to adopt the child.

31. "Placement supervision period" means the time period from the date of adoption placement until the court enters a final order of adoption, during which the adoptive parent has the rights under A.R.S. § 8-113.

32. "Reasonable fee" means

a. A fee commensurate with:

i. The actual cost of providing a specific adoption service or item to a specific individual, or

ii. The average cost of a service or item if the adoption entity routinely uses an averaging method to determine the cost of a particular service or item.

b. A reasonable fee may include reasonable compensation for officers and employees and a reasonable profit margin above actual or averaged costs.

33. "Service plan" means a written document of developmentally appropriate pre-placement and post-placement services necessary to facilitate a child's transition to an adoptive home.

34. "Social study" means the written report described in A.R.S. § 8-112, after a petition for adoption has been filed, where the adoption entity summarizes the results of its investigation, and makes a definite recommendation for or against the proposed adoption and the reasons for that recommendation.

Ariz. Admin. Code § R21-5-301

New section made by exempt rulemaking at 21 A.A.R. 3256, effective 1/24/2016.