Ariz. Admin. Code § 21-6-406

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

Section R21-6-406 - The Licensing Decision

A. OLR shall evaluate the applicant's compliance with licensing requirements before making a licensing decision.

B. Prior to making a licensing decision, OLR may, as necessary and appropriate:

1. Require the applicant or licensing agency to provide additional documentation to verify compliance with licensing requirements, such as marriage licenses, divorce decrees, legal separation agreements, child support orders or payments, pay stubs, and bankruptcy documents;

2. Require the applicant or licensing agency to provide additional information if:

a. The medical, physical, or mental health needs of a household member could interfere with the care and supervision of a foster child;

b. Adults residing outside the household will have frequent or close contact with a foster child; or

c. A household member has been charged with or convicted of a crime, even if the specific crime does not preclude the issuance of a Level One fingerprint clearance card;

3. Gather additional information needed to determine the applicant's fitness. This may include:

a. Interviewing the applicant,

b. Contacting references,

c. Verifying information provided in the application or by the licensing agency, and

d. Inspecting the applicant's home.

C. When making a licensing decision, OLR shall consider factors that have a bearing on the applicant's or foster parent's fitness. These factors include:

1. The applicant's current and historical compliance with licensing requirements. In assessing complaints and violations with statutes and licensing requirements, OLR shall consider:

a. The type of complaint or violation,

b. The severity of each violation,

c. The number of complaints or violations,

d. A pattern of complaints or violations, and

e. The applicant or foster parent's response to a corrective action plan.

2. The applicant's history of parenting or caring for children or vulnerable adults;

3. Allegations of abuse or neglect of a child or vulnerable adult made to DCS or the DES adult protective services against any of the following individuals residing in the home: the applicant, a household member, a foster child, an adult with a Developmental Disability, or a young adult residing in the foster home under a written individual case plan agreement for out-of-home care. To determine whether the allegation of abuse or neglect affects the applicant's fitness, OLR shall consider all relevant factors, including:

a. Whether the allegation was substantiated,

b. The number and nature of all allegations,

c. The length of time that has elapsed since each allegation,

d. The circumstances surrounding each allegation,

e. The extent of the person's rehabilitation, and

f. The nature and extent of each household member's involvement in the allegation.

4. The stability of residency in Arizona;

5. The stability of marital and household relationships;

6. The applicant's or foster parent's financial stability and ability to meet obligations;

7. Medical, physical, or mental health concerns that impact the applicant's or foster parent's ability to provide safe care and supervision to a child. OLR shall consider accommodations presented by the applicant, as permitted under R21-6-301 to reduce or eliminate any medical, physical, or mental health conditions;

8. Significant life disturbances, including the death of a family member, divorce, bankruptcy, and job separation;

9. Patterns of criminal charges or allegations; and

10. Other significant factors in the applicant's life.

D. OLR may waive non-safety licensing requirements on a case-by-case basis for an applicant who will only provide kinship care.

E. The licensing decision shall occur within the time-frames specified under R21-6-407.

Ariz. Admin. Code § R21-6-406

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