Ariz. Admin. Code § 21-5-406

Current through Register Vol. 30, No. 45, November 8, 2024

Section R21-5-406 - Certification Report and Recommendation

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.

C. The certification report shall specifically note any instances where an applicant has:

1. Been charged with, been convicted of, pled no contest to, or is awaiting trial, on charges of an offense listed in A.R.S. § 41-1758.07; or

2. Been a party to a dependency, guardianship, or termination of parental rights action.

D. If the report recommends denial of certification, the adoption entity shall send the applicant written notice of the unfavorable recommendation, the reason for the denial, and an explanation of the applicant's right under A.R.S. § 8-105, to petition the court for review. The adoption entity shall mail the notice to the applicant at least five work days prior to filing the certification report with the Court.

E. The adoption entity may notify the adoptive parent of the Court's certification decision if the Court fails to do so.

Ariz. Admin. Code § R21-5-406

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