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

A. A licensee shall provide children in care with: 1. Developmentally appropriate supervision, assistance, and instruction in, good habits of personal care and hygiene and culturally appropriate grooming; 2. Necessary toiletry items; and 3. The opportunity to have a daily shower …

A. A child may bring clothing and personal belongings to the facility and acquire belongings while in care, in accordance with the child’s service plan and the facility’s policy. B. If a licensee limits a child’s right to have, wear, or display certain clothes or personal belongi…

The licensee shall provide opportunities for children to develop a sense of the value of money through allowances, earnings, spending, giving, and saving. Any practices regarding children’s money shall comply with this Section. 1. The licensee shall have a written policy regardin…

A. A licensee shall have a written, dated menu of planned meals. The menu shall be available at the facility at least one week before meals are served. The licensee shall post the weekly menu in the dining area or in a location where children may review it. The licensee shall kee…

A licensee shall comply with the sleeping arrangement provisions in this Section. 1. A child age 6 or older shall not share a bedroom with a child of the opposite gender. 2. A child shall not share a bedroom with an adult unless one of the conditions listed in this subsection is …

A. The licensee shall have a written policy and procedures regarding visitation, mail, telephone calls, and other forms of communication between children and family, friends, and other persons. The policy and procedures shall conform to the requirements of this Section. 1. The li…

A. The licensee shall have a written policy regarding its educational program or a plan for ensuring that each child attends an educational program in accordance with state and local laws. B. Within 10 local school days of a child’s admission to a facility, the licensee shall arr…

A. A licensee shall have a written plan for making a variety of cultural, religious, indoor and outdoor recreational and leisure opportunities available for children in care. The plan shall: 1. Reflect the interests and needs of the children in care, including an allotment of tim…

A. A licensee shall have a written description of: 1. Its religious orientation, if any; 2. Any religious practices observed at a facility; 3. Any restrictions on admission based on religion; and 4. How the licensee provides opportunities for each child to participate in religiou…

A. General health care. 1. A licensee shall have a written plan for meeting the preventive, routine, and emergency physical and mental health needs of children in care. The plan shall identify where and from whom children at a facility may obtain qualified health care, 24-hours p…

A. A licensee shall have written policies and procedures governing medications. The policies and procedures shall specify: 1. The conditions under which medications can be prescribed and administered which shall be in accordance with any applicable laws; 2 The qualifications of t…

A licensee shall store medications as prescribed in this Section. 1. Medications shall be kept in securely locked spaces that are not used for any other purpose and to which children do not have access. 2. All medications requiring refrigeration shall be stored separately from fo…

A licensee shall maintain health records for each child. The records shall include the information listed in this Section if available to the licensee. 1. The child’s past medical history of: a. Immunizations, b. Serious illness or injuries, c. Surgeries, d. Known allergies, and …

A. A licensee shall have written behavior management policies and procedures which shall: 1. Be developmentally appropriate for the children in care; 2. Be designed to encourage and support the development of self-control; 3. Describe the following: a. Behavior expectations of ch…

If a licensee permits a body search of children in care, the licensee shall have a written policy describing the conditions warranting a body search and the procedures for conducting the search. 1. When searching a child, staff shall use the minimum amount of physical contact req…

A. Structures and Improvements: A licensee shall maintain a facility’s structures and improvements in good repair, free from danger to health or safety, and as prescribed in this subsection. The licensee shall: 1. Repair doors, windows and other building features that protect a b…

A. A licensee shall ensure that a facility’s physical plant can structurally accommodate the physical and program needs of all children in care according to the standards prescribed in this Article and the licensee’s own program description. B. The licensee shall keep a facility …

A. A licensee shall maintain a facility’s kitchen and dining areas, and shall handle food, as prescribed in this Section. B. The licensee shall: 1. Equip a facility kitchen used for meal preparation with the fixtures, appliances, equipment, tools, and utensils (“kitchen equipment…

A. A licensee shall provide each child in care with a designated area for rest and sleep as prescribed in this Section. 1. A licensee shall not use mobile dwellings, trailers, or vehicles as sleeping quarters. 2. The licensee shall provide children in care with bedroom space that…

A. A licensee shall maintain bathrooms and bathroom fixtures in good operating and sanitary condition, and as prescribed in this Section. 1. The licensee shall have facility bathrooms equipped with: a. At least one wash basin and one toilet for every six children in care; b. At l…

A. A licensee shall ensure that a facility has: 1. A place other than children’s living areas to serve as an administrative office for records, secretarial work, and bookkeeping; and 2. Space for private discussions and counseling sessions between individual children and staff. B…

A. Emergency Procedures: A licensee shall have written procedures for staff and children to follow in case of emergency or disaster (natural, medical, or human-caused). The procedures shall include the following: 1. Provisions for the evacuation of buildings, including the evacua…

A. Ground Floor: A licensee shall house non-ambulatory children and children younger than 6 only on the ground floor. B. Licensees that provide services to young adults: 1. A licensee that provides services to young adults shall provide adequate safety information and individuali…

A. A licensee shall fence an outdoor swimming pool to separate it from all buildings, with a fence that: 1. Is at least 5 feet high, as measured on the exterior side of the fence; and 2. Has a self-closing, self-latching gate that opens away from the swimming pool. The licensee s…

A. Access. 1. A facility shall be accessible by public or private motor vehicle. 2. If the facility cannot be accessed by a road that is passable by motor vehicle 12 months of the year the licensee shall have alternative transportation arrangements to provide access to the facili…

A. General Requirements: A licensee operating a shelter care facility shall comply with all requirements prescribed in this Article, unless otherwise provided in this Section. B. Admission Policy and Practice: 1. If a child has already been in shelter care for more than 42 days, …

A. A licensee operating an outdoor experience program shall comply with the requirements in 6 A.A.C. 5, Article 74, except as otherwise provided in this Section. B. An outdoor experience program shall not accept children younger than age 8. C. An outdoor experience program is exe…

A. Definitions. As used in this Section, the term “agency” means a licensee operating an outdoor experience program. B. Trip itinerary. The agency shall develop a tentative day-to-day itinerary and a trip map for each trip prior to departure. One copy each of the itinerary and ma…

A. Definition. As used in this Section, the term “agency” means a licensee operating an outdoor experience program. B. Campsite location 1. General. The agency shall conduct activities on sites appropriate for the children in terms of individual needs, program goals, and access t…

The following definitions apply in this Article. 1. “Adverse action” means: a. Denial, suspension, or revocation of a child care provider’s certification, an adoption agency license, or a foster home license; and b. Exclusion from the child care resource and referral system descr…

A. A licensee who disputes adverse action may obtain an administrative hearing to challenge the action as provided in this Article. B. The following actions are not appealable: 1. An adverse action resulting from a uniform change in federal or state law, unless the Department has…

A. In computing any time period, 1. The term “day” means a calendar day; 2. The term “work day” means Monday through Friday, excluding Arizona state holidays; 3. The date of the act, event, notice, or default from which a designated time period begins to run is not counted as par…

A. Except as otherwise provided in R6-5-5010(A) and R6-5-5227, a person who wishes to appeal an adverse action shall file a written request for hearing with the Administration within 20 days of the date on the notice or letter advising the person of the adverse action. The Admini…

An Administration that receives a request for appeal shall send the Office of Appeals a copy of the request and the adverse action notice within two work days of receipt of the request. Historical Note Adopted effective June 4, 1998 (Supp. 98-2).

A. The Department shall not carry out the adverse action until the time for appeal has run, except as otherwise provided in subsection (C), and in the following circumstances: 1. The appellant expressly waives the delay of action; or 2. The appellant a. Is subject to the same adv…

A. The Office of Appeals shall schedule the hearing. The Office of Appeals may schedule a telephonic hearing or permit a witness to appear telephonically. B. Unless the parties stipulate to another hearing date, the Office of Appeals shall schedule the hearing as follows: 1. For …

A. An appellant may ask for postponement of a hearing by calling or writing the Office of Appeals and providing good cause as to why the hearing should be postponed. Good cause exists where circumstances beyond the appellant’s reasonable control make it difficult or burdensome fo…

A. An impartial hearing officer in the Office of Appeals shall conduct all hearings. B. The hearing officer shall: 1. Administer oaths and affirmations; 2. Regulate and conduct hearings in an orderly and dignified manner that avoids unnecessary repetition and affords due process …

A. A party may request a change of hearing officer as prescribed in A.R.S. § 41-1992(B) by filing an affidavit which shall include: 1. The case name and number; 2. The hearing officer assigned to the case; and 3. The name and signature of the party requesting the change. B. The p…

A. A party who wishes to have a witness testify at a hearing, or to offer a particular document or item in evidence, shall first attempt to obtain the witness or evidence by voluntary means. Department documents are available to the appellant as prescribed in R6-5-7512(2). B. If …

A party to a hearing has the following rights: 1. The right to request a postponement of the hearing, as provided in this Article; 2. The right to copy, before or during the hearing, any documents in the Department’s file on the appellant, and documents the Department may use at …

A. An appellant may withdraw an appeal at any time prior to the scheduled hearing by signing a written statement expressing the intent to withdraw. The Department shall make a withdrawal form available for this purpose. An appellant may also orally withdraw an appeal on the open …

A. If an appellant fails to appear at the scheduled hearing, the hearing officer shall: 1. Enter a default and issue a decision dismissing the appeal, except as provided in subsection (B); 2. Rule summarily on the available record; or 3. Adjourn the hearing to a later date and ti…

A. The hearing is a de novo proceeding. The Department has the initial burden of going forward with evidence to support the adverse action being appealed. B. To prevail, the appellant shall prove, by a preponderance of the evidence, that the Department’s action was unauthorized, …

A. No later than 60 days after the date the appellant files a request for hearing with the Department, the hearing officer shall render a decision based solely on the evidence and testimony produced at the hearing, and the applicable law. The 60-day time limit is extended for any…

A. If the hearing officer affirms the adverse action against the appellant, the adverse action is effective on the mailing date of the hearing officer’s decision. The adverse action remains effective until the appellant appeals and obtains a higher administrative or judicial deci…

A. A party may appeal an adverse decision issued by a hearing officer to the Department’s Appeals Board, as prescribed in A.R.S. § 41-1992(C) and (D), by filing a written petition for review with the Office of Appeals within 15 days of the mailing date of the hearing officer’s de…

A. The Appeals Board shall conduct proceedings in accordance with A.R.S. § 41-1992(D) and A.R.S. § 23-672. B. Following notice to the parties, the Appeals Board may receive additional evidence or hold a hearing if the Appeals Board finds that additional information would help in …

Any party adversely affected by an Appeals Board decision may seek judicial review as prescribed in A.R.S. § 41-1993. Historical Note Adopted effective June 4, 1998 (Supp. 98-2). ARTICLE 76. REPEALED

Historical Note Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).