Ariz. Admin. Code § 21-9-224

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

Section R21-9-224 - Physical Space Requirements; Transportation of a Child

A. An adoption agency shall not discuss confidential information with a client in a public setting.

B. An adoption agency shall have available a physical space in Arizona that provides privacy and security.

C. Meeting Space.

1. Available space. The adoption agency shall maintain at its offices in Arizona or have available a local meeting space for interviewing children and families and for supervisory conferences.

2. Confidentiality. The adoption agency meeting space shall provide privacy for interviews and discussion of confidential information.

3. Safety. The adoption agency meeting space shall comply with any building, health, fire or other codes in effect in the jurisdiction where it is located.

4. Telephone. The adoption agency meeting space shall have telephone service.

D. Records Storage Space.

1. The adoption agency shall maintain or have available a physical space for records storage that protects confidentiality and provides security.

2. The records storage space may be a space for hard copy records or a secure server with encryption capabilities for digital records.

3. The adoption agency storage space shall provide security against theft, unauthorized release, security breech, damage, and loss of records.

4. The adoption agency storage space shall allow for immediate protection of confidential information.

5. If the adoption agency contracts for storage space, the contract shall include:

a. A provision that all records are owned solely by the adoption agency and shall not be used or disseminated by the contractor in any way;

b. A provision that the contractor shall return all records immediately upon cessation of the contract; and

c. A provision requiring security against theft, unauthorized release, security breech, damage, and loss of records.

E. Transportation. When an adoption agency transports a child or directs the transportation of a child, the adoption agency shall ensure that the vehicle, at a minimum:

1. Is maintained in safe operating condition;

2. Is properly licensed, registered, and has liability insurance; and

3. Has passenger safety restraints available and:

a. Each child less than the age of five years or weighing less than 40 pounds is properly secured in a child car seat and child restraint system that is appropriate to the height, weight, and physical condition of the child;

b. Each child five to eight years of age who weighs more than 40 pounds, but is less than four feet nine inches in height is properly secured in a child restraint system that is appropriate to the height, weight, and physical condition of the child;

c. Each child not covered by subsections (a) and (b) is properly secured with a seat belt;

d. Each child with a disability that prevents the child from maintaining head and torso control while sitting is secured in a car bed, harness, or other device designed to protect the child during transportation; and

e. If a child is transported in a wheelchair, the child is properly secured with a floor-mounted seat belt, and the wheelchair is properly immobilized using lock-down devices.

F. An adoption agency shall not leave a child unattended during transportation if the child:

a. Is less than seven years of age;

b. Has a developmental disability; and

c. Is more than seven years of age if the adoption agency has determined, and documented in the child's record, that the child is physically and emotionally incapable of traveling alone;

G. The adoption agency shall ensure that the adoptive parent has all of the equipment in place and properly installed to meet the requirements of subsection (E) prior to placement.

H. An adoption agency shall ensure the following safety requirements for drivers selected by the adoption agency to trans port a child:

1. The driver has a valid driver license; and

2. The driver practices safe, defensive driving and obeys all traffic laws.

I. A child shall not be transported in a truck bed, cargo area, camper, or in a trailer attached to a motor vehicle.

Ariz. Admin. Code § R21-9-224

New section made by exempt rulemaking at 21 A.A.R. 3524, effective 1/24/2016.