Ariz. Admin. Code § 21-6-101

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

Section R21-6-101 - Definitions

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.

11. "Child Safety Worker" means the same as A.R.S. § 8-801.

12. "Corrective action" means a plan specified by the OLR for a foster parent to remedy the violation of a licensing requirement within a specified time-frame.

13. "Criminal record self-disclosure" means a person's statement made under penalty of perjury, using the form approved by the OLR, attesting to whether the person:

a. Has a record of any arrests, convictions, or pending indictments;

b. Has committed a crime specified in the Arizona Revised Statutes as a precluding crime for the issuance of a fingerprint clearance card meeting Level One requirements; or

c. Is a registered sex offender.

14. "DCS Report" means the same as "report for investigation" in A.R.S. § 8-201(30).

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

16. "DES" means the Arizona Department of Economic Security.

17. "Developmentally appropriate" means:

a. The activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

b. In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.

18. "Developmental Disability" means the same as in A.R.S. § 36-551.

19. "Fingerprint clearance card" means the card issued by the Arizona Department of Public Safety (A.R.S. §§ 41-1758 et. seq.) certifying that the person named on the card does not have a state or federal criminal history record containing an offense specified as a precluding crime in A.R.S. Title 41, Chapter 12.

20. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun, or other weapon that will expel, is deigned to expel, or may be readily converted to expel a projectile by the action of an explosive.

21. "Fitness" means the ability of an applicant or foster parent to:

a. Provide a safe and nurturing environment for a foster child; and

b. Comply with the foster home licensing requirements.

22. "Foster care" means care and supervision provided to a child who is in the custody of the state.

23. "Foster child" means a person less than 18 years of age who is receiving foster care. "Foster child" is further defined under A.R.S. § 8-501(4). For the purpose of this Chapter, "foster child":

a. Includes a young adult less than 21 years of age who continues to reside in a foster home under a written individual case plan agreement for out-of-home care, or under the Independent Living Program defined in A.R.S. § 8-521;

b. Includes a child with a Developmental Disability placed by the Department in a child developmental home;

c. Does not include a young adult who has returned to a foster home under the Transitional Independent Living Program defined in A.R.S. § 8-521.01; and

d. Does not include the birth or adopted child, of an applicant, foster parent, or other household member.

24. "Foster home" means a residence where a foster parent lives and includes a detached home, all structures, and the entire premises belonging to the home, including apartments, guest homes, garages, sheds, and motorhomes. "Foster home" is further defined under A.R.S. § 8-501.

25. "Foster parent" means an individual, or married couple, who provides foster care with a license from the OLR. "Foster parent" is further defined under A.R.S. § 8-501.

26. "Group foster home" means a class of foster home in which the licensed foster parent is certified to provide care to more than five but not more than 10 foster children at a time. "Group foster home" is further defined under A.R.S. § 8-501.

27. "Guardian" means a person who is authorized by law to have the care and custody of a child.

28. "Hazard" means a condition or situation that may cause or result in physical injury or illness to a child.

29. "Health self-disclosure" means an adult household member's declaration, using the form approved by OLR attesting to the person's physical, medical, and emotional health. The health-self disclosure:

a. Identifies any past or present:

i. Major illness;

ii. Communicable disease;

iii. Surgery;

iv. Drug or substance abuse problem or treatment; and

v. Other medical, physical, or mental health condition or treatment; and

b. Identifies all medications, treatments, adaptive equipment, or other accommodations used to reduce or eliminate any medical, physical, or mental health conditions.

30. "Home" means the residence where a foster parent lives. "Home" may be used interchangeably with "foster home."

31. "Home and Community Based Services" or "HCBS" means the same as in R6-6-1501. The DES Division of Developmental Disabilities (DDD), Office of Licensing, Certification, and Regulation (OLCR) rules on HCBS are in 6 A.A.C., Chapter 6, Article 15.

32. "Household" means all children and adults living in a foster parent's home.

33. "Household member" means any individual who lives or intends to live in the foster home or on the premises, for 30 consecutive days or more, or periodically throughout the year for a total of 30 non-consecutive days or more. "Household member":

a. Includes the applicant, licensee, housemates, tenants; children of the applicant, licensee, housemates, or tenants; and adults participating in the Transitional Independent Living Program defined in A.R.S. § 8-521.01; and

b. Does not include a foster child, an adult with a Developmental Disability, or young adult who resides in a foster home under a written agreement with the Department for continued care or under the Independent Living Program defined in A.R.S. § 8-521.

34. "Individual Family Service Plan" or "IFSP" means a written statement of services and supports to be provided to a child and the child's family for children less than the age of three years who are eligible for the Arizona Early Intervention Program (AzEIP) to enhance the capacity of families and care givers to support the child's development and engagement and participation in everyday routines and activities.

35. "In-home respite foster parent" means an individual licensed to provide respite care in a licensed foster home, which is not that individual's own home.

36. "Kinship care" means that the care and supervision of a foster child in a foster home is provided by a relative or an individual who has a significant relationship with the child.

37. "Lawfully present" means that an individual is a United States citizen or national or an alien authorized by an appropriate federal entity or court to be present in the United States.

38. "License" means the permission granted by OLR, to legally operate a foster home and includes an initial, renewal, and amended license.

39. "Licensee" means the individual or married couple who is approved by OLR to be licensed as a foster parent.

40. "Licensing agency" means an entity, which may include a licensed Placing Agency the Department contracts with to recruit and train foster parents and monitor a licensed foster home.

41. "Licensing decision" means the issuance, denial, suspension, revocation of, or amendment to a license by OLR in response to the receipt and review of:

a. An application for initial or renewal licensure,

b. An application to amend a license, or

c. A complaint or investigation conducted according to R21-6-418.

42. "Licensing record" means the information maintained by a licensing agency or by the OLR, for the purpose of documenting the fitness of and compliance with licensing requirements, laws, and rules of an applicant or foster parent.

43. "Licensing requirements" means the rules specified in this Chapter and Chapter 8 of this Title.

44. "Life Safety Inspection" means an examination of a family foster home by OLR to verify compliance with standards intended to safeguard a foster child from fire and other hazardous conditions.

45. "Lock" means a device operated by a key, combination, magnet, keycard, or other tool to safeguard medications, swimming pools, weapons, and highly toxic substances.

46. "Medically complex foster home" means a class of foster home in which the licensed foster parent is certified to provide care to a foster child identified by the Department as requiring special care for medically complex needs.

47. "Medical professional" means a doctor of medicine or osteopathy, physician's assistant, or registered nurse practitioner licensed in A.R.S. Title 32, or a doctor of medicine licensed and authorized to practice in another state or foreign country. A medical professional from another state or foreign country must provide verification of valid and current licensure in that state or country.

48. "Medication" means both prescription and over-the-counter remedies.

49. "Mobile home" means a trailer that is mounted on wheels or a platform with utility connections exposed under the trailer.

50. "Need to know" means the legitimate requirement of a person or organization to know, access, or possess confidential or personally identifiable information that is critical to carry out official duties or to provide services to the child.

51. "OCWI Investigator" means a DCS Investigator who is assigned to the Office of Child Welfare Investigations, and whose primary duties and responsibilities are prescribed in A.R.S. § 8-471.

52. "Office of Licensing and Regulation" or "OLR", means the administration within DCS that is responsible for reviewing and evaluating applications for licensure; supervising and monitoring licensees; and completing all official licensing actions, including issuing, denying, amending, suspending, and revoking a license.

53. "Physical punishment" means the deliberate infliction of pain or discomfort to a person.

54. "Physical restraint" means the same as A.R.S. § 8-501(A)(14)(b)(iii).

55. "Physician's Statement" means information on the physical, emotional, and mental health of any adult household member, providing care for a foster child, using a form approved by OLR. The statement shall:

a. Be based on an examination by a medical professional,

b. State whether the household member has a condition that could interfere with the provision of safe care and supervision to a foster child, and

c. Include a completed health self-disclosure by the household member.

56. "Placement" means the act of finding an appropriate foster home for a foster child and putting the foster child in that foster home.

57. "Placement agreement" means a written arrangement between a licensee and a Child Placing Agency as specified under R21-6-323.

58. "Placement packet" means documents containing key information needed for a foster parent to understand the needs of the foster child, including medical records and school records.

59. "Pool" means any natural or man-made body of water located at a foster home or on its premises that:

a. Could be used for swimming, recreational, therapeutic, or decorative purposes;

b. Is greater than 18 inches in depth; and

c. Includes swimming pools, spas, hot tubs, fountains, and fishponds.

60. "Positive discipline" means a teaching process through which a child learns to develop and maintain the self-control, self-reliance, self-esteem, and orderly conduct necessary to assume responsibilities, make daily living decisions, and live according to generally accepted levels of social behavior.

61. "Premises" means:

a. The home; and

b. The property surrounding the home that is owned, leased, or controlled by the applicant or licensee.

62. "Protective services registries" means the Central Registry and the Adult Protective Services Registry.

63. "Public school" means a school, including a charter school, that is maintained at public expense for the education of the children of a community or district and that constitutes a part of a system of free public education commonly including primary and secondary education.

64. "Reasonable and prudent parenting standard" means the practice of making careful and sensible parental decisions that maintain the health, safety, and best interests of a foster child while at the same time encouraging the emotional and developmental growth of the child when determining whether to allow the child to participate in extracurricular, enrichment, cultural, and social activities.

65. "Receiving foster home" means a class of foster home in which the licensed foster parent is certified to receive a foster child with limited notice and for a limited period of time.

66. "Relative" means an individual who is related by blood, marriage, or adoption to the foster child. For American Indian and Alaska Native children, "relative" could also include a tribally defined extended family relationship.

67. "Respite care" means the provision of temporary care and supervision of a foster child to relieve a foster parent from the duty to care for the foster child for a limited period of time.

68. "Safeguard" means to take reasonable measures to eliminate the risk of harm to a foster child. Where a specific method is not otherwise prescribed in this Chapter, safeguarding may include:

a. Locking up a particular substance or item;

b. Putting a substance or item out of reach of a foster child;

c. Erecting a barrier that prevents a foster child from reaching a particular place, item, or substance;

d. Using protective safety devices; or

e. Providing supervision.

69. "Service Team" means a group of persons brought together to ensure the best care for a foster child and at a minimum, includes a child age 14 years and older, staff from the Department, and the licensing agency.

70. "Sibling" means brothers and sisters by birth or adoption, stepbrothers, stepsisters, half-brothers, and half-sisters.

71. "Skirting" means the barrier around the base of a mobile home that is intended to protect utility connections from damage or unauthorized contact.

72. "Slip-resistant surface" means flooring that provides friction to help prevent falls when the surface is wet. A slip-resistant surface may be achieved by rippling or corrugating the surface, applying textured strips, installing a secured carpet, using rubber mats, and other similar measures.

73. "Smoking" means burning or vaporizing tobacco products or other substances in a cigarette, cigar, pipe, electronic cigarette, or by means of equipment to inhale and exhale the smoke or vapor.

74. "Specialized service" means a higher level of skill, training, and experience required for certification as a Group, Medically Complex, Therapeutic, or Receiving foster home.

75. "Stability" means having the necessary resources, surroundings, temperament, and demeanor to maintain a safe, steady, and consistent home environment for a foster child.

76. "Statement of Understanding" means a signed document completed by an applicant or foster parent confirming the person has read, understands, and agrees to comply with all applicable laws, rules, and regulations relating to the operation of a foster home.

77. "Substantial compliance with licensing requirements" means that the nature and number of violations of licensing requirements are not significant and:

a. Do not pose a risk to the life, health, safety, or welfare of a child receiving care;

b. Do not constitute a pattern of noncompliance or a failure to implement required corrective action; and

c. Are not the result of misrepresentation, falsification, or fraud by the applicant or foster parent.

78. "Therapeutic foster home" means a class of foster home in which the care is provided by a foster parent who has received specialized training to provide care and services within a support system of clinical and consultative services to children with behavioral health needs.

79. "Trigger locked" means a method to render a firearm temporarily or permanently inoperable by blocking the firing or discharge mechanism for the firearm with a locked device.

80. "Weapon" means a firearm, bow and arrows, or other device or instrument, which in the manner it is used or intended to be used is capable of inflicting serious bodily injury, or causing death.

81. "UL approved" means a safety certification mark of a Nationally Recognized Testing Laboratory (NRTL), such as UL (Underwriters Laboratories) or ETL (Electro Technical Laboratory) on an electronic device.

Ariz. Admin. Code § R21-6-101

New section made by exempt rulemaking at 21 A.A.R. 3479, effective 1/24/2016.