Ariz. Admin. Code § 21-6-402

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

Section R21-6-402 - Rights of the Applicant and the Foster Parent

A. In addition to the inspection and due process rights specified under A.R.S. § 41-1009, and A.R.S. § 8-530, the foster parent shall have the right to:

1. Participate in an orientation offered by OLR or a licensing agency, which provides the following information:

a. An overview of the licensing process,

b. A copy of, or instructions for, accessing the licensing rules,

c. Requirements and information specific to the available licensing agencies, and

d. The mission and philosophy of the Department.

2. Choose or transfer to a licensing agency approved by the Department, at no cost to the applicant or foster parent;

3. Be treated with courtesy, dignity, and fairness by the licensing agency and the Department;

4. Be free from discrimination in the licensing process on the basis of political affiliation, marital status, or sexual orientation;

5. Receive information and training pertinent to the responsibilities of a foster parent;

6. Receive advice and technical assistance provided by the licensing agency or OLR to assist the applicant or foster parent in understanding the licensing requirements;

7. Direct the licensing agency to enter the applicant's complete and accurate information for licensure via the Department's electronic database;

8. Appeal an adverse licensing action as described under R21-6-417;

9. Elevate concerns about the licensing process in writing to the program administrator for OLR.

10. Be free from retaliation by a licensing agency and the Department in the event of a disagreement, an appeal, or an elevation of concerns by the foster parent or applicant;

11. Be informed of and provided the opportunity to be heard in any adverse licensing action conducted by OLR that impacts the foster parent's or applicant's license;

12. Reasonably refuse placement or request removal of a child without reprisal from the licensing or Child Placing Agency; and

13. The confidential treatment of private information revealed in the licensing process in accordance with A.R.S. § 8-502 and A.R.S. § 8-530.

B. Upon written request and payment of reasonable duplication and postage fees by a foster parent, the licensing agency shall forward a copy of the contents of the licensing records to an agency or organization for the purpose of assisting a foster parent who is being considered for a private or out-of-state adoptive placement, or any similar purpose.

C. Upon written request, OLR and a licensing agency shall permit a foster parent or applicant to access their licensing record, except as provided in subsection (E).

D. A foster parent shall be permitted to provide a written response to the Child Placing Agency and OLR on findings and comments in the home study, investigative reports, and any correspondence, with the exception of the items listed in subsection (E).

E. A foster parent or applicant shall not have access to the following:

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

2. Information protected from secondary dissemination under state or federal law, including DCS Reports and investigations and related records; or

3. The names of or identifying information for persons and organizations listed as sources in a licensing investigation or DCS Report or inquiry.

Ariz. Admin. Code § R21-6-402

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