Chapter 5. DEPARTMENT OF ECONOMIC SECU-RITY - SOCIAL SERVICES

The Department shall pay the maximum reimbursement rates for child care as set forth in Appendix B. Historical Note Section R6-5-4925 renumbered from R6-5-4923 by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4). Appendix A. Child Care Assistance Gross …

The following definitions apply in this Article. 1. “ADE” means the Arizona Department of Education, which administers the CACFP at the state level. 2. “Alternate approval” means a status the ADE confers on an uncertified, unlicensed provider that demonstrates compliance with CAC…

A. To be considered for inclusion in the CCR&R database, a provider shall submit the following information to the Contractor for the provider’s SDA: 1. Provider’s name; 2. Address; 3. Phone number; 4. Days and times the facility is open; 5. Ages of children accepted; 6. Capacity;…

A. A provider listed on the CCR&R database shall notify the Contractor of any changes to the information or statement given under R6-5-5002(A) or (C)(1). B. A provider may modify self-initiated changes in listing status at any time by notifying the Contractor. Historical Note Ado…

A. A Contractor shall make referrals to participating providers on a random basis based on a family’s self-reported needs. B. A Contractor shall not: 1. Guarantee the number or frequency of referrals to a participating provider; or 2. Guarantee that listing on the CCR&R will resu…

A. To obtain a referral, a customer shall give the contractor the following information, if available, about the customer’s child care needs: 1. Customer name; 2. Address; 3. Phone number; 4. Days and times child care is needed; 5. Preferred type of child care provider; 6. Locati…

A. Monitoring and Investigation: Neither the Department nor its Contractors monitor or investigate the activities of a provider, or investigate any complaint about a provider, except as otherwise prescribed by law for a family child care provider. B. Regulated Providers: Upon rec…

A. Regulated Providers: 1. When the Department learns that a regulatory agency has suspended a regulated provider’s license, certificate, or alternate approval, the Department shall direct a Contractor to change the provider’s listing status from referral listing to information o…

A. The Department may direct a Contractor to exclude or remove a provider from the database according to the process in R6-5-5009, for the following reasons: 1. The provider fails or refuses to provide information as requested by the Department or a Contractor; 2. A regulatory ag…

A. When the Department receives information indicating that the Department may need to change a provider’s listing status or remove or exclude a provider, the Department Program Administrator or designee shall review the information and decide whether grounds exist as listed in R…

A. A provider may appeal the Department’s administrative review decision under 6 A.A.C. 5, Article 75 by filing a request for an appeal with the Department within 15 work days after the mailing date of the Department’s administrative review decision described in R6-5-5009(J). B. …

Historical Note Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5101 repealed, new Section R6-5-5101 adopted effective September 30, 1977 (Supp. 77-5). Former Section R6-5-5101 repealed, new Section R6-5-5101 adopted effective June 17, 1985 (Supp. 85-3). Section …

Historical Note Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5102 repealed, new Section R6-5-5102 adopted effective September 30, 1977 (Supp. 77-5). Amended effective March 17, 1981 (Supp. 81-2). Former Section R6-5-5102 repealed, new Section R6-5-5102 adopted…

Historical Note Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5103 repealed, new Section R6-5-5103 adopted effective September 30, 1977 (Supp. 77-5). Former Section R6-5-5103 repealed, new Section R6-5-5103 adopted effective June 17, 1985 (Supp. 85-3). Section …

Historical Note Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5104 repealed, new Section R6-5-5104 adopted effective September 30, 1977 (Supp. 77-5). Amended effective April 25, 1978 (Supp. 78-2). Amended effective March 26, 1979 (Supp. 79-2). Amended effective…

Historical Note Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5105 repealed, new Section R6-5-5105 adopted effective September 30, 1977 (Supp. 77-5). Amended effective April 25, 1978 (Supp. 78-2). Amended paragraph (3) effective March 17, 1981 (Supp. 81-2). For…

Historical Note Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5106 repealed, new Section R6-5-5106 adopted effective September 30, 1977 (Supp. 77-5). Former Section R6-5-5106 repealed, new Section R6-5-5106 adopted effective June 17, 1985 (Supp. 85-3). Section …

Historical Note Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5107 repealed, new Section R6-5-5107 adopted effective September 30, 1977 (Supp. 77-5). Amended effective March 17, 1981 (Supp. 81-2). Former Section R6-5-5107 repealed, new Section R6-5-5107 adopted…

The following definitions apply in this Article: 1. “Abandonment” has the meaning ascribed to “abandoned” in A.R.S. § 8-201 (1). 2. “Abuse” has the meaning ascribed in A.R.S. § 8-201 (2). 3. “Age” means years of a person’s lifetime when used in reference to a number, unless the t…

A. To become a certified child care provider, an applicant shall comply with all requirements of this Article and other applicable requirements of federal, state, or local law. B. An applicant shall be at least age 18. C. An applicant shall submit a complete, signed application f…

A provider’s home facility shall meet the requirements of this Section. 1. A provider shall maintain the indoor and outdoor premises of the home facility in a safe and sanitary condition, free from hazards and vermin, and in good repair. A mobile home shall have skirting to ensur…

A. Before issuing a certificate, the Department shall: 1. Conduct at least one face-to-face interview with an applicant; 2. Contact any other person necessary to determine an applicant’s fitness to be a certified provider; 3. Ensure that an applicant and all individual backup pro…

For the purpose of A.R.S. § 41-1073, the Department established the following certification time-frames: 1. Administrative completeness review time-frame: 60 days, 2. Substantive review time-frame: 30 days, and 3. Overall time-frame: 90 days. Historical Note Adopted effective Jul…

A. A certificate is valid for three years from the date of issuance. The Department may revoke a certificate before expiration as provided in this Article and by law. B. A certificate is not transferable and is valid only for the provider and location identified on the certificat…

A. Child care personnel and all individual backup providers shall be fingerprinted and pay all required fingerprint fees within the time prescribed in A.R.S. § 41-1964. B. A provider and all individual backup providers shall maintain the physical, mental, and emotional health nec…

A. Before recertifying a provider, the Department shall interview the provider at the location where child care will be provided. The Department Representative may interview an in-home provider at the in-home provider’s residence. The interview shall include a discussion and revi…

A. A provider shall offer a program that is developmentally appropriate for, and meets the needs of each child in care. The daily program and activity schedule shall include a balance of the following: 1. Indoor and outdoor activities; 2. Activities that encourage movement and qu…

A. When a provider is unavailable to care for a child for a reason described in R6-5-5222(B), the provider may use only the backup provider designated under R6-5-5202 or R6-5-5222(E). B. A provider shall give parents and guardians written notice of the provider’s backup care plan…

A. A provider and each child in care shall wash their hands with soap and running water after playing with animals or using the toilet, and before and after handling, serving, or eating food. If a child cannot reach a sink with running water, due to the child’s age or some limiti…

A. A certified provider and all individual backup providers shall sign a written agreement to abide by the Department’s policy on developmentally appropriate discipline. B. Only a provider may discipline a child in care; C. A provider may physically restrain a child whose behavio…

A. A provider who offers evening or nighttime care shall remain awake until each child in care is asleep. B. A provider who offers nighttime care shall have a safe and sturdy crib for each infant, and a safe and sturdy bed or cot with mattress for each child. Crib bars or slats s…

A provider who cares for a child younger than age 2 shall comply with the following requirements: 1. A provider shall frequently hold a child and give each infant and toddler physical contact and attention throughout the day. 2. A provider shall respond promptly to a child’s dist…

A. When enrolling a child with special needs, a provider shall comply with the requirements of this Section: 1. A provider shall consult with parents to establish a mutually agreed upon plan regarding services for a child with special needs; 2. A provider shall have the physical …

A. A provider shall obtain prior written permission from a child’s parent before transporting a child in a privately owned vehicle or on public transportation. B. A provider shall ensure that a child in care is transported in a private vehicle by a person who has: 1. A valid Ariz…

A. A provider shall serve a child in care wholesome and nutritious foods and beverages. In this Section, “wholesome and nutritious” means foods and beverages consistent with the requirements of 7 CFR 226.20 (January 1, 1998), which is incorporated by reference and available for i…

A. When a provider enrolls a child for care, the provider shall make written arrangements with the child’s parent for emergency medical care of the child. B. If a child becomes ill while in care, a provider shall: 1. Make the child comfortable and keep the child in full view; and…

A. A provider shall maintain a daily attendance log on a Department-approved form and shall require that each child be signed in and out on the log by the parent or other individual designated in writing by the parent. B. On a form approved by the Department, a provider shall pro…

A. The Department may certify a provider in a home facility to care for a maximum of four children at a time, from birth through age 12, for compensation. A provider in a home facility may care for a maximum of six children at a time, from birth through age 12, or a child age 13 …

At least 15 days before the effective date of any scheduled change, or within 24 hours after an unscheduled change, which significantly affects the provision of child care services, a provider shall furnish the Department with written notice of the change. Significant changes inc…

A. A provider shall maintain a backup provider, and shall keep clients and the Department apprised of the backup provider’s identity and location. B. A provider may use a backup provider only in the following circumstances: 1. When the provider is ill; 2. When the provider is att…

A. A provider shall submit claims for payment in the manner prescribed in the child care registration agreement with the Department. B. A provider shall make all financial arrangements with a backup provider. The Department shall not make direct payments to the backup provider. H…

A. Any person may register, with the Department, a written or verbal complaint about a provider or the operation of a home facility. Upon receipt of a complaint, or in response to the observations of Department staff, the Department shall investigate the allegations made and any …

A. The Department may place a provider on probation when a Department representative observes a problem or the Department receives and validates a complaint in an area of noncompliance that does not endanger a child in care. B. The Department shall set a term of probation that do…

A. The Department may deny, suspend, or revoke certification when: 1. An applicant or provider violates or fails to comply with any statute or rule applicable to the provision of Child Care Services. 2. An applicant or provider has a certificate or license to operate a child care…

A. When the Department denies, suspends, or revokes certification, it shall mail a written, dated notice of the adverse action to the applicant or the provider at the applicant’s or provider’s last known address. B. A notice of adverse action shall specify: 1. The adverse action …

A. An applicant or provider may appeal the following Department decisions: 1. Denial of certification or re-certification; 2. Suspension of a certificate; and 3. Revocation of a certificate. B. A person who wishes to appeal an adverse action shall file a written request for a hea…

Historical Note Adopted effective June 2, 1976 (Supp. 76-3). Former Section R6-5-5501 repealed, new Section R6-5-5501 adopted effective December 8, 1983 (Supp. 83-6). Amended by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S…

Historical Note Adopted effective June 2, 1976 (Supp. 76-3). Former Section R6-5-5502 repealed, new Section R6-5-5502 adopted effective December 8, 1983 (Supp. 83-6). Section repealed, new Section adopted at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Numbering of subs…

Historical Note Adopted effective June 2, 1976 (Supp. 76-3). Former Section R6-5-5503 repealed, new Section R6-5-5503 adopted effective December 8, 1983 (Supp. 83-6). Section repealed, new Section adopted at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired u…

Historical Note Adopted effective June 2, 1976 (Supp. 76-3). Former Section R6-5-5504 repealed, new Section R6-5-5504 adopted effective December 8, 1983 (Supp. 83-6). Section repealed, new Section adopted at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired u…