Ariz. Admin. Code § 21-6-204

Current through Register Vol. 30, No. 40, October 4, 2024

Section R21-6-204 - Rights of the Applicant and Foster Parent

A. In addition to the inspection and due process rights specified under A.R.S. § 41-1009, the licensing agency shall ensure that each applicant and foster parent is informed of and afforded the rights specified under this Section. OLR may request that the licensing agency submit the notice used by the licensing agency to OLR.

B. The licensing agency shall ensure that a foster parent or applicant is permitted to access their licensing record as follows:

1. Upon written request, a foster parent or applicant shall have the right to access their complete licensing record, except as provided in subsection (C); and

2. A foster parent or applicant shall have the right to provide a written response to findings and comments in the home study, investigative reports, and any correspondence, with the exception of the items listed in subsection (C).

C. The licensing agency shall not release the following information to a foster parent or applicant:

1. Information supplied by confidential references during the licensing process;

2. Information protected from secondary dissemination under state or federal law, including investigations and DCS Reports of alleged child abuse or neglect; and

3. The names of persons and organizations identified as sources in a licensing complaint or DCS investigation or DCS Report of alleged child abuse or neglect.

D. A licensing agency shall make a diligent effort to work with an applicant or foster parent. If however, the parties determine they cannot continue to work together, the licensing agency shall assist the foster parent or applicant to find another licensing agency and transfer their licensing record to the new agency under R21-6-215(C).

1. If it is the licensing agency that determines that it cannot work with a foster parent or applicant, the licensing agency shall notify the foster parent or applicant in writing specifically listing the reasons the licensing agency cannot work with the foster parent or applicant and assist the foster parent or applicant to find another licensing agency and transfer their licensing record to the new agency under this subsection (D); or

2. If the foster parent or applicant does not meet the minimum qualifications for licensure under R21-6-401, the licensing agency shall notify the foster parent or applicant in writing specifically listing the reasons, the applicant or foster parent fail to meet the minimum qualifications.

Ariz. Admin. Code § R21-6-204

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