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

Historical Note Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State’s Office May 15, 1997 (Supp. 97-2).

Historical Note Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State’s Office May 15, 1997 (Supp. 97-2).

Historical Note Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State’s Office May 15, 1997 (Supp. 97-2).

Historical Note Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State’s Office May 15, 1997 (Supp. 97-2).

Historical Note Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State’s Office May 15, 1997 (Supp. 97-2).

Historical Note Adopted effective January 21, 1985 (Supp. 85-1). Section R6-5-7307 renumbered to R6-5-7470 and amended effective July 1, 1997; filed with the Secretary of State’s Office May 15, 1997 (Supp. 97-2).

Historical Note Adopted effective January 21, 1985 (Supp. 85-1). Section R6-5-7308 renumbered to R6-5-7471 and amended effective July 1, 1997; filed with the Secretary of State’s Office May 15, 1997 (Supp. 97-2).

ARTICLE 74. LICENSING PROCESS AND LICENSING REQUIREMENTS FOR CHILD WELFARE AGENCIES OPERATING RESIDENTIAL GROUP CARE FACILITIES AND OUTDOOR EXPERIENCE PROGRAMS Article 74, consisting of Sections R6-5-7401 through R6-5-7469, and Appendix 1 adopted; and Sections R6-5-7470 and R6-5-…

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 fu…

A. A person who wants to operate a residential group care facility shall initiate the licensing process by contacting the Licensing Authority to request an application for a child welfare agency license. B. Upon request, the Licensing Authority shall send the prospective applican…

A. The prospective applicant shall prepare a responsive letter of intent to proceed with licensure, and return it to the Licensing Authority. The letter of intent shall include the following information: 1. The applicant’s name, address, and telephone and telefacsimile numbers; 2…

A. At the licensing consultation, a licensing representative shall review the licensing application form with the applicant. The licensing representative shall explain the requirements for licensure and shall advise the applicant about: 1. The information and documentation the ap…

A. A complete application package for an initial license of a new agency shall contain the information and supporting documentation listed in this subsection. 1. Identification and background information: agency, facility, administrators. a. Name, address, and telephone and telef…

A. After receiving a complete application package, the Licensing Authority shall notify the applicant that the application is complete, and shall schedule the applicant for a site inspection, which may require more than one visit to a site. B. The site inspection shall begin no l…

A. The licensing representative shall summarize the results of the site visit, and other information gathered during the licensing process in a written licensing study, which shall be the basis for the licensing decision. B. The licensing study shall describe whether the applican…

A. The Licensing Authority shall issue a written licensing decision within 30 days of concluding the applicant’s final site visit. This 30 day period is the substantive review time-frame required by A.R.S. § 41-1072(3). B. The licensing decision shall explain whether the Licensin…

A. If an agency’s administrative office is located separately from an agency facility, the Licensing Authority shall issue a license to the agency and an operating certificate to each facility the agency operates. If the agency and facility occupy the same location, the Licensing…

A. A currently licensed agency that wishes to obtain an operating certificate for an additional satellite facility shall send the Licensing Authority a letter of intent. The letter of intent shall include the following information: 1. The applicant’s name, address, and telephone …

A. No earlier than 90 and no later than 60 days prior to the expiration date of a license, an agency may apply to the Licensing Authority for renewal of its license and any operating certificates. The Licensing Authority does not have a duty to notify the agency of license expira…

A. Upon receipt of a complete renewal application, the Licensing Authority shall schedule the renewal applicant for a DHS health and safety inspection. B. Upon receipt of the DHS inspection report and a complete renewal application package, the Licensing Authority shall schedule …

A. A licensee shall send the Licensing Authority written notification of any planned change in the licensee’s name, ownership, agency location, facility location, governing board member, chief executive officer, or program director, at least one month before the change. If the ch…

A. The Licensing Authority may issue an amended license or operating certificate to reflect a change in an agency or facility name or the terms of a license or an operating certificate if the change does not cause the agency or facility to fall out of compliance with applicable s…

A. The Licensing Authority, with the approval of the Attorney General’s Office, may permit a licensee to substitute an alternative method of compliance for a licensing requirement or objective prescribed in this Article and not otherwise required by law, if the following conditio…

A. The Licensing Authority shall monitor the ongoing operations of agencies and facilities. B. Monitoring activities may include the following: 1. Announced and unannounced inspections of an agency or a facility, including both physical premises and internal operations, books, re…

A. If the Licensing Authority receives an oral complaint about a licensee, agency, or facility, the Licensing Authority shall ask the complaining party to submit the complaint in writing, but shall investigate complaints as prescribed in this Section even if the complaining party…

A. If a deficiency is correctable within a specified period of time and does not jeopardize the health or safety of a child, the Licensing Authority may place the agency on a corrective action plan to cure the deficiency in lieu of the disciplinary measures prescribed in R6-5-741…

A. If an agency or a facility is temporarily unable to conform to the standards prescribed in this Article, the Licensing Authority may issue a provisional license to the agency, or convert a regular license to provisional status, as prescribed in A.R.S. § 8-505(C). For the purpo…

A. The Licensing Authority may deny, suspend, or revoke a license or operating certificate when: 1. An applicant or licensee has violated or is not in compliance with licensing rules and standards, Arizona state or federal statutes, or city or county ordinances or codes; 2. An ap…

A. When the Licensing Authority plans to take adverse action against a licensee, the Licensing Authority shall give the licensee written notice of the adverse action by certified mail. B. The notice shall specify: 1. The action taken; 2. All reasons supporting the action; 3. The …

A. An applicant may appeal the denial of a license and a licensee may appeal adverse action under A.R.S. § 8-506.01 and A.R.S. Title 41, Chapter 6, Article 10. B. The applicant or licensee shall file a notice of appeal with the Licensing Authority. The notice shall contain the in…

A. A licensee shall have a written statement which describes its philosophy, purpose, and program for children in care, and the nature and extent of any family involvement in the program. B. A licensee shall have a written description of all services each facility provides to chi…

A. A licensee shall have a governing body to oversee the operations, policies, and practices of the agency and its facilities. The governing body shall be: 1. The board of directors for an agency that is a non-profit corporation, or 2. The board of directors or individual owner o…

A. A licensee shall maintain complete and accurate accounts, books, and records as prescribed in this Article, and in accordance with generally accepted accounting practice. B. A licensee shall operate on the annual budget approved by its governing board. C. A licensee shall regu…

A licensee shall have insurance coverage that provides protection against financial loss as prescribed in this Section. 1. The licensee shall carry liability insurance covering accidents, injuries, errors and omissions in the minimum amount of $100,000 per person, and $300,000 pe…

A. Except as otherwise allowed by law, a licensee’s records concerning children in care and their families are confidential, and the licensee shall not disclose or knowingly permit the disclosure of confidential information. B. A licensee shall have written policies and procedure…

A. A licensee shall maintain a current, separate case record for each child in care. The record shall be readily accessible to persons providing services to the child and shall include at least the following information: 1. The name, gender, race, religion, birthdate, and birthpl…

A. A licensee shall have a written policy and written procedures governing the receipt, consideration, and resolution of grievances brought to the licensee by children in care and their parents, regarding the licensee’s program and care of children. The procedures shall: 1. Be wr…

A. A licensee shall have written staff policies and procedures which shall describe: 1. How the licensee recruits, screens, hires, supervises, trains, retains, develops, evaluates, disciplines, and terminates staff; 2. How the licensee handles staff resignations; 3. A job title, …

A. A licensee shall ensure that all staff providing services to children and their families under the licensee’s program are currently certified, registered, or licensed as required by state law. B. As prescribed in A.R.S. § 46-141, all staff having direct contact with children, …

A. Chief Executive Officer “CEO”: A licensee shall have a chief executive officer for the agency. The CEO: 1. Is responsible for general management, administration, and operation of the agency in accordance with this Article; 2. Ensures that: a. Each child in care receives necess…

A. A licensee shall have a written plan for orientation and training of all staff. The plan shall include a method for the licensee to evaluate whether the person has actually learned the information that was the subject of orientation or training. B. All staff shall receive init…

A. A licensee shall make a record of any unusual incident on an incident reporting form which shall include the following information: 1. Location of the unusual incident; 2. Name and address of any child involved in or observing the incident; 3. Name of the agency if different f…

A. A licensee shall have written procedures for handling alleged and suspected incidents of child maltreatment, including at least the following provisions: 1. Reporting suspected incidents of maltreatment to law enforcement or Child Protective Services as required by A.R.S. § 13…

A licensee shall have a written policy and procedures for handling runaways and missing children. The policy shall include at least the following: 1. Procedures for making staff who provide services to a child with a history of or potential for running away, aware of that child’s…

A. A licensee shall have a written plan to minimize the risk of harm to children. The written plan shall describe the staffing for each facility, for 24 hours per day, seven days per week. The staffing plan shall explain: 1. How staff coverage is assured: a. When assigned staff a…

A. Admissions: A licensee shall have a written admissions policy, which shall: 1. Describe the licensee’s admission criteria, including: a. Population to be served, including age range, gender, physical development, social behavior, and custody and guardianship status; b. Geograp…

A. No later than the date of a child’s admission, a licensee shall provide information about the following subjects to the placing agency or person. 1. The licensee’s statement of purpose and program description prescribed in R6-5-7423(A) and (B); 2. Daily routines at the facilit…

A. A licensee shall provide a child admitted into care with the orientation described in this Section in a language and manner that the child can understand and to the extent developmentally appropriate to the child. B. During the first full day of a child’s placement, a licensee…

A. Service Plan Contents: A child in care shall have a personalized service plan tailored to the child’s unique background, needs, strengths, weaknesses, and problems. The plan shall include at least the following information: 1. A description of services the child is to receive …

A. Policy and Procedure: A licensee shall have written policy and procedures for planned and unplanned discharges of children. 1. Before a child’s planned discharge, the licensee shall explain the discharge plan to the child and help the child understand the plan. 2. The licensee…