Ariz. Admin. Code § 21-6-321

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

Section R21-6-321 - Rights of a Foster Child

A. A foster parent shall ensure that the rights of a foster child as listed in A.R.S. § 8-529 are protected and upheld. In addition, a foster child has the right to:

1. Live in a safe, clean, and humane environment;

2. Be free to express their gender identity and sexual orientation;

3. Be free from physical, sexual, emotional, or other abuse;

4. Be treated with dignity and respect by foster parents and household members;

5. Protection from exploitation and to learn the skills needed to protect him or herself from exploitation;

6. Protection for and access to his or her adaptive aids, if applicable;

7. Retain personal belongings when moving from the foster home, including usable clothing, furniture, electronic equipment, bicycles, toys, and other items purchased specifically for or given to the child;

8. Access his or her personal spending money, unless access is limited by the Child Placing Agency as part of a documented plan approved by the Child Placing Agency such as a plan to protect the child from exploitation or a pattern of misuse;

9. Be taught how to manage personal spending money;

10. Assume responsibility for some household duties in accordance with the child's age, health, and ability; assigned responsibilities and tasks shall not deprive the child of school, sleep, reasonable play time, or study periods;

11. Participate in activities as a member of the family, including meals, outings, and celebrations;

12. Participate in extracurricular, enrichment, social, and community activities, including sports, school activities, cultural programs, and religious groups based on a reasonable and prudent parenting standard. This participation may be restricted by reasonable curfew, cost considerations, a court order, or as agreed upon by the foster parent and the Child Placing Agency;

13. Be encouraged to have contact with and visit family members, consistent with the case plan, unless prohibited by court order;

14. Have visitors, within reasonable boundaries established by the foster parent, and unless prohibited by court order;

15. Confidential communication with his or her Child Safety Worker or Child Placing Agency, advocates, attorney, guardian ad litem, and guardian; and

16. Express dissatisfaction with or file a complaint against a foster parent or the Child Placing Agency without retaliation.

B. A foster child over the age of puberty, or as early as can be reasonably expressed by the child, shall have the right to specify the gender of the person to assist the child with personal care, if needed and appropriate.

C. A foster child with a disability has the right to participate in typical daily activities with the least amount of physical assistance necessary to accomplish the task and to live in a home adapted to protect the child and to assist the child in experiencing developmentally appropriate independence.

D. If a foster parent is not able to protect or uphold one or more of the above rights, the foster parent shall immediately notify the Child Placing Agency and the licensing agency so that alternative arrangements or assistance may be made to protect the rights of the child.

Ariz. Admin. Code § R21-6-321

New section made by exempt rulemaking at 21 A.A.R. 3480, effective 1/24/2016.