Ariz. Admin. Code § 6-5-7401

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-5-7401 - Definitions

In addition to the definitions contained in A.R.S. § 8-501, the following definitions apply in this Article:

1. "Abandonment" has the same meaning ascribed to "abandoned" in A.R.S. § 8-531(1).

2. "Abuse" means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist pursuant to § 8-821 and which is caused by the acts or omissions of an individual having care, [physical] custody and control of a child. Abuse includes:

(a) Inflicting or allowing sexual abuse pursuant to § 13-1404, sexual conduct with a minor pursuant to § 13-1405, sexual assault pursuant to § 13-1406, molestation of a child pursuant to § 13-1410, commercial sexual exploitation of a minor pursuant to § 13-3552, sexual exploitation of a minor pursuant to § 13-3553, incest pursuant to § 13-3608 or child prostitution pursuant to § 13-3212.

(b) Physical injury to a child that results from abuse as described in § 13-3623, subsection C. A.R.S. § 8-201(2).

3. "Accredited" means the approval and recognition of an institution of learning as maintaining those standards requisite for its graduates to gain admission to other institutions of higher learning or to achieve credentials for professional practice. An example of an accrediting body is the North Central Association of Colleges and Universities.

4. "Administrative completeness review time frame" means the number of days from [the Licensing Authority's] receipt of an application for a license until [the Licensing Authority] determines that the application contains all components required by statute or rule, including all information required to be submitted by other government agencies. The administrative completeness review time frame does not include the period of time during which an agency provides public notice of the license application or performs a substantive review of the application. A.R.S. § 41-1072(1).

5. "Adverse action" means suspension or revocation of a license, denial of a renewal license, or making a material change in licensing status.

6. "After-care" means services provided to a child after the child is discharged from a licensee's care and may also include services for the child's family.

7. "Applicant" means a person who submits a written application to the Licensing Authority to become licensed or to renew a license to operate a child welfare agency or a residential group care facility.

8. "Barracks" means a building that:

a. Is designed and constructed or remodeled for the specific purpose of housing large numbers of children of the same gender;

b. Has wide, open sleeping areas for children, under one roof;

c. Is identified and described as a barracks or dormitory in the agency's promotional and organizational materials; and

d. Is made known as a barracks or dormitory to placing agencies and persons considering placement of a child.

9. "Behavior management" means the policies, procedures, and techniques a licensee uses to control conduct as prescribed in R6-5-7456.

10. "Child placing agency" means a person or entity that is licensed or authorized to receive children for care, maintenance, or placement in a foster home, because:

a. The Department has licensed the person or entity as a child welfare agency pursuant to A.R.S. § 8-505; or

b. It is an entity with statutory authorization to place children.

11. "Child welfare agency" or "agency"

a. Means:

i. Any agency or institution maintained by a person, firm, corporation, association, or organization to receive children for care and maintenance or for 24-hour social, emotional, or educational supervised care or who have been adjudicated as a delinquent or dependent child.

ii. Any institution that provides care for unmarried mothers and their children.

iii. Any agency maintained by the state, or a political subdivision thereof, person, firm, corporation, association, or organization to place children or unmarried mothers in a foster home.

b. Does not include state operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to Title 36, Chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques. A.R.S. § 8-501(A)(1).

12. "Corrective action" means a specific course of conduct an agency will follow to remedy violations of the licensing requirements prescribed in this Article, within a specified period of time.

13. "Corrective action plan" means a written document describing an agency's corrective action, as prescribed in R6-5-7418.

14. "CPS" means Child Protective Services, a Department program responsible for investigating reports of child maltreatment.

15. "CPSCR" means the Child Protective Services Central Registry, a computerized database, which CPS maintains according to A.R.S. § 8-804.

16. "De-escalation" means a method of verbal communication or non-verbal signals and actions, or a combination of signals and actions, that interrupt a child's behavior crisis and calm the child.

17. "Department" or "DES" means the Department of Economic Security.

18. "Developmentally appropriate" means an action that takes into account:

a. A child's age and family background;

b. The predictable changes that occur in a child's physical, emotional, social, cultural, and cognitive development; and

c. A child's individual pattern and timing of growth, personality, and learning style.

19. "DHS" means the Department of Health Services.

20. "Direct care staff" means the facility staff who provide primary personal care, guidance, and supervision to children in care.

21. "Discharge plan" means:

a. A written description of:

i. A program of action to prepare a child for release from a facility; and

ii. After-care;

b. That is developed by a licensee in cooperation with a child's service team.

22. "Discipline" means a teaching process through which a child learns to develop and maintain the self-control, self-reliance, self-esteem, and orderly conduct necessary to assume responsibilities, make daily living decisions, and live according to accepted levels of social behavior.

23. "Document" means to make and retain a permanent written or electronic record of a fact, event, circumstance, observation, contact, or communication.

24. "Exploitation" means the act of taking advantage of, or to make use of a child selfishly, unethically, or unjustly, for one's own advantage or profit, in a manner contrary to the best interests of the child, such as having a child panhandle, steal, or perform other illegal activities.

25. "Facility" or "residential group care facility" means a living environment operated by a child welfare agency, where children are in the care of adults unrelated to the children, 24 hours per day.

a. "Facility" does not include a program licensed as a behavioral health service agency by the Department of Health Services under A.R.S. § 36-405 and 9 A.A.C. 20.

b. "Facility" does include an outdoor experience program.

c. When used in reference to an outdoor experience program, "facility" means the campsite at which or the mobile equipment in which children are housed.

26. "File" means a place where information is stored through written, electronic, or computerized means.

27. "Foot candles" means a unit of luminous intensity that can be measured with a light meter.

28. "Governing body" means an individual or group of individuals responsible for the policies, activities, and operations of a facility, as prescribed in R6-5-7424.

29. "Individual education plan" or "IEP" means a written document that describes educational goals for a particular child and the services the child needs to attain those goals.

30. "Institution" as used in A.R.S. § 8-501(A)(1) means an entity meeting two or more of the following criteria:

a. Solicits charitable contributions;

b. Is organized as a profit or non-profit corporation with a board of directors and officers;

c. Publishes and distributes information or promotional materials about its program or operations;

d. Requires residents to formally apply for residency through use of application forms or other similar paperwork;

e. Operates a structured program of care pursuant to written policies, procedures, guidelines, or rules; or

f. Advertises itself or holds itself out in the community as an institution that provides care or social services.

31. "Institution for Unwed Mothers and Children" means a child welfare agency, as described in A.R.S. § 8-501(A)(1)(a)(ii), that is licensed to care for unmarried mothers who are under age 18 at the time of admission to the agency and the children of those mothers.

32. "License" means a document issued by the Licensing Authority to an individual or non-governmental business, which authorizes the individual or business to operate a child welfare agency in compliance with this Article.

33. "Licensee" means the person or entity holding a license. When used in reference to a duty, task, or obligation, the term "licensee" includes the staff who work at an agency or facility and who are responsible for doing the acts necessary to fulfill the requirements of this Article.

34. "Licensed medical practitioner" means a person who holds a current license as a physician, surgeon, nurse practitioner, or physician's assistant pursuant to A.R.S. §§ 32-1401 et seq., Medicine and Surgery; A.R.S. §§ 32-1800 et seq., Osteopathic Physicians and Surgeons; A.R.S. §§ 32-2501 et seq., Physician Assistants; and A.R.S. §§ 32-1601 et seq., Nursing and R4-19-501(A)(1), Registered Nurse Practitioner, respectively.

35. "Licensing Authority" means the Department administrative unit that monitors and makes licensing determinations for agencies and facilities, including issuance, denial, suspension, and revocation of a license or operating certificate, and imposition of corrective action.

36. "Licensing representative" means a person employed by the Licensing Authority to investigate and monitor applicants and licensees.

37. "Licensing year" means a one-year time period that begins on the date an agency obtains its initial license to operate, and ends one year later.

38. "Living unit" means a specific grouping of children who are assigned to and share a distinct and common physical space within a facility.

39. "Maltreatment" means abuse, neglect, abandonment, or exploitation, of a child.

40. "Material change in licensing status" means, for the purpose of A.R.S. § 8-506.01,

a. Any of the following actions:

i. Denial, suspension, or revocation of an operating certificate;

ii. At any time following issuance of an initial license, imposition of provisional license status, in lieu of a regular license as prescribed in R6-5-7419; or

iii. A change in a term appearing on the face of a license or operating certificate, including: a.) Geographic area served; b.) Age, number, or gender of children served; or c.) Type of services offered;

b. But does not include the act of placing an agency on a corrective action plan to bring the agency into compliance with licensing requirements as prescribed in R6-5-7418.

41. "Mechanical restraint" means:

a. An article, device, or garment that:

i. Restricts a child's freedom of movement or a portion of a child's body;

ii. Cannot be removed by the child; and

iii. Is used for the purpose of limiting the child's mobility;

b. But does not include an orthopedic, surgical, or medical device that allows a child to heal from a medical condition or to participate in a treatment program.

42. "Medication" means an agent, such as a drug or remedy, used to prevent or treat disease, illness or injury, including both prescribed and over-the-counter agents.

43. "Mobile dwelling" means a structure, such as a trailer or recreational vehicle as defined in A.R.S. § 41-2142(30). Mobile dwelling does not mean a mobile, manufactured, prefabricated, or modular home as defined in A.R.S. § 41-2142(14), (24), or (26).

44. "Neglect" has the same meaning as A.R.S. § 8-201(21).

45. "Non-ambulatory child" means a child who cannot walk due to a physical disability or impairment, rather than as a result of the child's normal age and developmental level.

46. "Onsite" means located on the physical property operated by the licensee for the purpose of the licensee's residential program and includes the contiguous area within:

a. A single structure;

b. A cluster of structures;

c. A complex containing single or multiple family dwelling units with or without separate entrances for each unit;

d. A campus containing any combination of the residences listed in subsections (a)-(c), as approved by the Licensing Authority.

47. "Operating certificate" means a document that the Licensing Authority issues to a particular facility that is run by an agency holding a license, as prescribed in R6-5-7409.

48. "Outdoor experience program" means a child welfare agency that is located in a cabin or portable structure such as a tent or covered wagon and primarily uses the outdoors to provide recreational and educational experiences in group living, either in a fixed campsite or in a program with an unfixed site, such as a wagon train or wilderness hike.

49. "Out-of-home placement" means the placing of a child in the custody of an individual or agency other than with the child's parent or legal guardian and includes placement in temporary custody pursuant to § 8-821, subsection A or B, voluntary placement pursuant to 8-806 or placement due to dependency actions. A.R.S. § 8-501(A)(7).

50. "Overall time frame" means the number of days after receipt of an application for a license during which [the licensing authority] determines whether to grant or deny a license. The overall time frame consists of both the administrative completeness review time frame and the substantive review time frame. A.R.S. § 41-1072(2).

51. Paid staff means:

a. A licensee's paid employees who work at a facility;

b. Any temporary worker or independent contractor the licensee uses as a temporary replacement for an employee who is sick, on leave, or unavailable; and

c. Any independent contractor that the licensee retains to provide children in care with direct services at the facility.

52. "Parent or parents" means the natural or adoptive mother or father of a child. A.R.S. § 8-501(A)(8).

53. "Person" means an individual, partnership, joint stock company, business trust, voluntary association, corporation, or other form of business enterprise, including nonprofit or governmental organizations.

54. "Personally identifiable information" means any information which, when considered alone, or in combination with other information, identifies, or permits another person to readily identify the person who is the subject of the information, and includes:

a. Name, address, and telephone number;

b. Date of birth;

c. Photograph;

d. Fingerprints;

e. Physical description;

f. School;

g. Place of employment; and

h. Unique identifying number, including:

i. Social Security number;

ii. Driver's license number;

iii. License number; and

iv. Court case number.

55. "Physical restraint" means the use of bodily force to restrict a child's freedom of movement, but does not include holding a child firmly enough to prevent the child from harming himself or herself, or others, but gently enough so that the child is not harmed by being held.

56. "Placing agency or person" means the child placing agency, parent, or guardian, having legal custody of a child and who makes the decision to send the child to reside at a particular agency.

57. "Potentially hazardous food" means a food that is:

a. Natural or synthetic and capable of rapid and progressive growth of infectious or toxigenic microorganisms or the growth and production of Clostridium botulinum;

b. Of animal origin and is raw or has been heated;

c. Of plant origin and is heated or consists of raw seed sprouts;

d. A cut melon; or

e. A garlic and oil mixture.

58. "Program director" means a person who meets the qualifications listed in R6-5-7432(B).

59. "Relative" means a grandparent, great grandparent, brother or sister of whole or half blood, aunt, uncle, or first cousin. A.R.S. § 8-501(A)(12).

60. "Residential environment" means a facility building or any portion of a facility building that is used for living, sleeping, counseling, dining, or academic purposes.

61. "Restrictive behavior management" means a form of behavior control that is subject to limitations as prescribed in R6-5-7456(D)-(F).

62. "Safeguard" means to use reasonable and developmentally appropriate measures to minimize the risk of harm to a child in care and to ensure that a child in care will not be harmed by a particular object, substance, or activity. Where a specific method is not otherwise prescribed in this Article, safeguarding may include:

a. Locking up a particular substance or item;

b. Putting a substance or item beyond the reach of a child who is not mobile;

c. Erecting a barrier that prevents a child from reaching a particular place, item, or substance;

d. Mandating the use of protective safety devices;

e. Providing staff supervision; or

f. Providing a young adult with safety information and generalized instruction necessary to promote the safe and appropriate use of potentially dangerous objects.

63. "Seclusion" means placing a child alone in a room with closed, locked doors that cannot be opened from the inside as prohibited by R6-5-7456(C)(6).

64. "Service plan," which is sometimes described as a "case plan," means a goal-oriented, time-limited individualized program of action that:

a. Describes the plans for treating and providing services to a child and the child's family, and

b. Is developed by a licensee in cooperation with a child's service team.

65. "Service team" means the group of persons listed in R6-5-7441(D)(1) who participate in development and review of a child's service plan and discharge plan.

66. "Shelter care facility" means an agency facility that receives children for temporary out-of-home care, 24 hours per day, when children request care, or are placed in care by a placing agency, a law enforcement agency, a parent, a guardian, or a court.

67. "Significant person" means a person who is important or influential in a child's life and may include a family member or close friend.

68. "Sleeping area" means a single bedroom, or a cluster of two or more bedrooms, located in an adjacent area of a dwelling.

69. "Social worker" means a person with a bachelor's, master's, or doctoral degree in a field of organized work called social work, which is intended to advance the social conditions of a community through provision of counseling, guidance, and assistance, especially in the form of social services to individuals.

70. "Staff" means a licensee's paid staff and unpaid staff.

71. "Substantive review time frame" means the number of days after the completion of the administrative completeness review time frame during which [the licensing authority] determines whether an application or applicant for a license meets all substantive criteria required by statute or rule. Any public notice and hearings required by law shall fall within the substantive review time frame. A.R.S. § 41-1072(3).

72. "Swimming pool" means any on-grounds, natural or man-made body of water that is used for the purposes of swimming, recreation, or physical therapy, and includes spas and hot tubs.

73. "Threat" means an expression of intent to hurt, destroy, or take action prohibited by this Article or the licensee's policies, but does not include an expression of intent to impose a planned consequence for misbehavior if the consequence is not prohibited by this Article or the licensee's policies.

74. "Transitional program" means services provided to a child who is being emancipated as an adult, or a person who has reached the age of 18 and is considered an adult as a matter of law, in order to assist the child or person in becoming independent.

75. "Unpaid staff" means a licensee's volunteers, students, and interns who work, train, or assist at a facility.

76. "Unusual incident" means one or more of the events listed in R6-5-7434(C), (D), (E), or (G).

77. "Work day" means 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Arizona state holidays.

78. "Young adult" means an individual, age 16 to 21, who has been assessed and determined to be appropriate for preparation for adult self-sufficiency. The assessment or determination shall be made by:

a. The placing agency, if the young adult is in the care, custody, and control of the state of Arizona;

b. A parent or legal guardian of the young adult, if subsection (a) does not apply;

c. The licensee, if subsections (a) and (b) do not apply.

Ariz. Admin. Code § R6-5-7401

Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7401 repealed; new Section R6-5-7401 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2). Amended by emergency rulemaking at 12 A.A.R. 2233, effective June 1, 2006 for 180 days (Supp. 06-2). Emergency renewed at 12 A.A.R. 4732, effective November 28, 2006 for 180 days (Supp. 06-4). Amended by final rulemaking at 13 A.A.R. 2049, effective May 21, 2007 (Supp. 07-2).