TITLE 6. ECONOMIC SECURITY
CHAPTER 5. DEPARTMENT OF ECONOMIC SECURITY
SOCIAL SERVICES
Supp. 08-2
(Authority: A.R.S. § 41-1954 et seq.)
Editor's Note: The Office of the Secretary of State publishes all Chapters on white paper (Supp. 01-2).
Editor's Note: Sections and Appendices of this Chapter were adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 41-1005 (A)(27). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on these rules (Supp. 98-2).
Editor's Note: Sections of this Chapter were adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Chapter 300, § 74(A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on these rules. Under Laws 1997, Chapter 300, § 74(B), the Department is required to institute the formal rulemaking process on these Sections on or before December 31, 1997. Because these rules are exempt from the regular rulemaking process, the Chapter is printed on blue paper.
ARTICLE 1. REPEALED
Former Article 1 consisting of Sections R6-5-01 through R6-5-103 repealed effective August 3, 1978.
ARTICLE 2. REPEALED
Former Article 2 consisting of Sections R6-5-201 through R6-5-209 repealed effective August 8, 1978.
ARTICLE 3. REPEALED
Former Article 3 consisting of Sections R6-5-301 through R6-5-308 repealed effective July 6, 1976.
ARTICLE 4. REPEALED
Former Article 4 consisting of Sections R6-5-401 through R6-5-420 repealed effective August 3, 1978.
ARTICLE 5. REPEALED
Former Article 5 consisting of Sections R6-5-501 through R6-5-504 repealed effective July 6, 1976.
ARTICLE 6. REPEALED
Former Article 6 consisting of Sections R6-5-601 through R6-5-622 repealed effective July 6, 1977.
ARTICLE 7. REPEALED
Former Article 7 consisting of Sections R6-5-701 through R6-5-716 repealed effective August 3, 1978.
ARTICLE 8. REPEALED
Former Article 8 consisting of Sections R6-5-801 through R6-5-808 repealed effective September 16, 1976.
ARTICLE 9. REPEALED
Former Article 9 consisting of Sections R6-5-901 through R6-5-904 repealed effective August 3, 1978.
ARTICLE 10. REPEALED
Former Article 10 consisting of Sections R6-5-1001 through R6-5-1003 repealed effective August 3, 1978.
ARTICLE 11. REPEALED
Former Article 11 consisting of Sections R6-5-1101 through R6-5-1109 repealed effective August 11, 1976.
ARTICLE 12. REPEALED
Former Article 12 consisting of Sections R6-5-1201 through R6-5-1206 repealed effective May 17, 1976.
ARTICLE 13. REPEALED
Former Article 13 consisting of Sections R6-5-1301 through R6-5-1309 repealed effective November 23, 1976.
ARTICLE 14. REPEALED
Former Article 14 consisting of Sections R6-5-1401 through R6-5-1413 repealed effective May 24, 1976.
ARTICLE 15. REPEALED
Former Article 15 consisting of Sections R6-5-1501 through R6-5-1504 repealed effective August 11, 1976.
ARTICLE 16. RESERVED
ARTICLE 17. REPEALED
Former Article 17 consisting of Sections R6-5-1701 through R6-5-1704 repealed effective August 11, 1976.
ARTICLE 18. REPEALED
Former Article 18 consisting of Sections R6-5-1801 through R6-5-1804 repealed effective August 11, 1976.
ARTICLE 19. REPEALED
Former Article 19 consisting of Sections R6-5-1901 through R6-5-1906 repealed effective July 6, 1976.
ARTICLE 20. REPEALED
Former Article 20 consisting of Sections R6-5-2001 through R6-5-2006 repealed effective December 17, 1993.
ARTICLE 21. REPEALED
Former Article 21 consisting of Sections R6-5-2101 through R6-5-2110 repealed effective November 8, 1982.
ARTICLE 22. REPEALED
Former Article 22 consisting of Sections R6-5-2202 through R6-5-2209 repealed effective November 8, 1982.
ARTICLE 23. REPEALED
Article 23, consisting of Sections R6-5-2301 through R6-5-2310, repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
ARTICLE 24. APPEALS AND HEARINGS
Article 24 consisting of Sections R6-5-2401 through R6-5-2405 adopted effective March 1, 1978.
Former Article 24 consisting of Sections R6-5-2401 through R6-5-2404 repealed effective March 1, 1978.
Section
R6-5-2401. Objective
R6-5-2402. Authority
R6-5-2403. Definitions
R6-5-2404. Basis for a hearing
R6-5-2405. Hearing process
ARTICLE 25. REPEALED
Former Article 25, consisting of Sections R6-5-2501 through R6-5-2503, repealed effective June 5, 1997 (Supp. 97-2).
ARTICLE 26. REPEALED
Former Article 26, consisting of Sections R6-5-2601 through R6-5-2607, repealed effective June 5, 1997 (Supp. 97-2).
ARTICLE 27. REPEALED
Former Article 27, consisting of Sections R6-5-2701 through R6-5-2707, repealed effective June 5, 1997 (Supp. 97-2).
ARTICLE 28. REPEALED
Former Article 28, consisting of Sections R6-5-2801 through R6-5-2804, repealed effective November 8, 1982.
ARTICLE 29. REPEALED
Article 29, consisting of Sections R6-5-2901 through R6-5-2912, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 30. REPEALED
Former Article 30, consisting of Sections R6-5-3001 through R6-5-3007, repealed effective August 29, 1984.
ARTICLE 31. REPEALED
Former Article 31, consisting of Sections R6-5-3101 through R6-5-3110, repealed effective November 8, 1982.
ARTICLE 32. REPEALED
Article 32, consisting of Sections R6-5-3201 through R6-5-3211, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 33. RESERVED
ARTICLE 34. RESERVED
ARTICLE 35. RESERVED
ARTICLE 36. RESERVED
ARTICLE 37. RESERVED
ARTICLE 38. RESERVED
ARTICLE 39. RESERVED
ARTICLE 40. RESERVED
ARTICLE 41. RESERVED
ARTICLE 42. RESERVED
ARTICLE 43. RESERVED
ARTICLE 44. RESERVED
ARTICLE 45. RESERVED
ARTICLE 46. RESERVED
ARTICLE 47. RESERVED
ARTICLE 48. RESERVED
ARTICLE 49. CHILD CARE ASSISTANCE
Article 49, consisting of Sections R6-5-4901 through R6-5-4922 and Appendix A, adopted effective July 31, 1997 (Supp. 97-3).
Section
R6-5-4901. Definitions
R6-5-4902. Repealed
R6-5-4903. Repealed
R6-5-4904. Access to Child Care Assistance
R6-5-4905. Initial Eligibility Interview
R6-5-4906. Verification of Eligibility Information
R6-5-4907. Withdrawal of an Application
R6-5-4908. Child Care Assistance Approvals and Denials
R6-5-4909. 12-Month Review
R6-5-4910. Reinstatement of Assistance
R6-5-4911. General Eligibility Criteria
R6-5-4912. Eligible Activity or Need
R6-5-4913. Applicants and Recipients as Child Care Providers
R6-5-4914. Income Eligibility Criteria
R6-5-4915. Fee Level and Copayment Assignment
R6-5-4916. Special Eligibility Criteria
R6-5-4917. Waiting List for Child Care Assistance
R6-5-4918. Authorization of Child Care Assistance
R6-5-4919. Time Limit for Child Care Assistance
R6-5-4920. Denial or Termination of Child Care Assistance
R6-5-4921. Notification Requirements
R6-5-4922. Repealed
R6-5-4923. Overpayments
R6-5-4924. Appeals
R6-5-4925. Maximum Reimbursement Rates For Child Care
App. A. Child Care Assistance Gross Monthly Income Eligibility Chart and Fee Schedule
App. B. Maximum Reimbursement Rates for Child Care
ARTICLE 50. CHILD CARE RESOURCE AND REFERRAL
SYSTEM
New Article 50, consisting of Sections R6-5-5001 through R6-5-5010, adopted effective November 19, 1996 (Supp. 96-4).
Former Article 50, consisting of Sections R6-5-5001 through R6-5-5007, repealed effective November 8, 1982 (Supp. 82-6).
Section
R6-5-5001. Definitions
R6-5-5002. Provider Participation Requirements
R6-5-5003. Notification of Changes
R6-5-5004. Referrals Not Guaranteed
R6-5-5005. Referral Process
R6-5-5006. Monitoring; Complaint Recording and Reporting Requirements
R6-5-5007. Provider Listing Status
R6-5-5008. Provider Exclusion or Removal Process
R6-5-5009. Administrative Review Process
R6-5-5010. Administrative Appeal Process
ARTICLE 51. EXPIRED
Article 51, consisting of Sections R6-5-5101 through R6-5-5107, expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Article 51, consisting of Sections R6-5-5101 through R6-5-5107, adopted effective June 17, 1985.
Former Article 51, consisting of Sections R6-5-5101 through R6-5-5104, repealed effective June 17, 1985.
Section
R6-5-5101. Expired
R6-5-5102. Expired
R6-5-5103. Expired
R6-5-5104. Expired
R6-5-5105. Expired
R6-5-5106. Expired
R6-5-5107. Expired
ARTICLE 52. CERTIFICATION AND SUPERVISION OF FAMILY CHILD CARE HOME PROVIDERS
Article 52, consisting of Sections R6-5-5201 through R6-5-5211, repealed effective May 11, 1994 (Supp. 94-2).
Article 52, consisting of Sections R6-5-5201 through R6-5-5227, adopted effective May 11, 1994 (Supp. 94-2).
Section
R6-5-5201. Definitions
R6-5-5202. Initial Certification: Provider
R6-5-5203. Initial Certification: The Home Facility
R6-5-5204. Initial Certification: Department Responsibilities; Denial
R6-5-5205. Certificates: Issuance; Nontransferability
R6-5-5206. Maintenance of Certification: General Requirements; Training
R6-5-5207. Recertification Requirements
R6-5-5208. Program and Equipment
R6-5-5209. Safety; Supervision
R6-5-5210. Sanitation
R6-5-5211. Discipline; Guidance
R6-5-5212. Evening and Nighttime Care
R6-5-5213. Children Under Two Years of Age
R6-5-5214. Children with Special Needs
R6-5-5215. Transportation
R6-5-5216. Meals and Nutrition
R6-5-5217. Health Care; Medications
R6-5-5218. Recordkeeping; Unusual Incidents; Confidentiality
R6-5-5219. Provider/Child Ratios
R6-5-5220. Change Reporting Requirements
R6-5-5221. Use of a Backup Provider
R6-5-5222. Claims for Payment
R6-5-5223. Complaints; Investigations
R6-5-5224. Probation
R6-5-5225. Suspension
R6-5-5226. Revocation of Certificate
R6-5-5227. Appeals
ARTICLE 53. REPEALED
Former Article 53 consisting of Sections R6-5-5301 through R6-5-5305 repealed effective April 9, 1981.
ARTICLE 54. REPEALED
Former Article 54 consisting of Sections R6-5-5401 through R6-5-5411 repealed effective November 8, 1982.
ARTICLE 55. CHILD PROTECTIVE SERVICES
Article 55, consisting of Sections R6-5-5501 through R6-5-5504, adopted effective December 8, 1983.
Former Article 55, consisting of Sections R6-5-5501 through R6-5-5526, repealed effective December 8, 1983.
Section
R6-5-5501. Definitions
R6-5-5502. Receipt and Screening of Information; Child Abuse Hotline
R6-5-5503. Non-Reports
R6-5-5504. Preliminary Screening Classifications
R6-5-5505. Priority Codes; Initial Response Time
R6-5-5506. Methods for Investigation of Reports
R6-5-5507. Alternative Investigation
R6-5-5508. Conduct of a Field Investigation
R6-5-5509. Establishing Probable Cause of Child Maltreatment
R6-5-5510. Investigation Findings; Required Documentation
R6-5-5511. Ongoing Services; Imminent Harm Not Identified; Case Closure
R6-5-5512. Procedures for Substantiated Reports; Removal; Imminent Harm
R6-5-5513. Alternatives to Involuntary Removal; Voluntary Placement; Removal
R6-5-5514. Removal Review
R6-5-5515. Procedures for Investigations of Maltreatment in a Licensed Child Welfare Agency
R6-5-5516. Procedures for Investigations of Out-of-Home Care Providers
R6-5-5517. Repealed
R6-5-5518. Repealed
R6-5-5519. Repealed
R6-5-5520. Repealed
R6-5-5521. Repealed
R6-5-5522. Repealed
R6-5-5523. Repealed
R6-5-5524. Repealed
R6-5-5525. Repealed
R6-5-5526. Repealed
Appendix 1. Pre-screening Cue Questions
Appendix 2. Cue Questions
ARTICLE 56. CONFIDENTIALITY AND RELEASE OF CPS RECORDS
Article 56, consisting of new Sections R6-5601 through R6-5-5612, adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Article 56, consisting of Sections R6-5-5601 through R6-5-5624, recodified to A.A.C. R6-8-201 through R6-8-224 effective February 13, 1996 (Supp. 96-1).
Section
R6-5-5601. Definitions
R6-5-5602. Scope and Application
R6-5-5603. Procedures for Requesting Information
R6-5-5604. Procedures for Processing a Request for Information
R6-5-5605. Release of Information in Situations Requiring Immediate Action or Service to a Child
R6-5-5606. Release of Report and Investigation Findings
R6-5-5607. Release of Summary Information to a Person Who Reported Suspected Child Abuse and Neglect
R6-5-5608. Release of Information to a Research or Evaluation Project
R6-5-5609. Release of Information to a Legislative Committee
R6-5-5610. Release of Information to a State Official
R6-5-5611. Release of Information to an Individual Who Requests Records and Files Concerning an Alleged Victim of Abuse, Neglect or Abandonment Who Has Died
R6-5-5612. Fees
ARTICLE 57. REPEALED
Article 57, consisting of Sections R6-5-5701 thru R6-5-5709, repealed effective April 9, 1998 (Supp. 98-2).
Article 57, consisting of Sections R6-5-5701 through R6-5-5709, adopted effective November 5, 1984.
Former Article 57, consisting of Sections R6-5-5701 through R6-5-5711, repealed effective November 5, 1984.
ARTICLE 58. FAMILY FOSTER PARENT LICENSING REQUIREMENTS
Article 58, consisting of Sections R6-5-5801 through R6-5-5850, adopted effective January 10, 1997 (Supp. 97-1).
Former Article 58, consisting of Sections R6-5-5801 through R6-5-5807, repealed effective January 10, 1997 (Supp. 97-1).
Article 58, consisting of Sections R6-5-5801 through R6-5-5807, adopted effective April 1, 1981.
Former Article 58, consisting of Sections R6-5-5801 through R6-5-5811, repealed effective April 1, 1981.
Section
R6-5-5801. Definitions
R6-5-5802. Application for Initial License
R6-5-5803. Investigation of the Applicant
R6-5-5804. Inspection of the Foster Home; DHS Inspection Report
R6-5-5805. Investigative Report and Licensing Recommendation
R6-5-5806. Complete Application Package: Contents
R6-5-5807. CPSCR Check; Additional Investigation By Licensing Authority
R6-5-5808. License: Form; Issuance; Denial; Term; Termination
R6-5-5809. Provisional License
R6-5-5810. Application for License Renewal
R6-5-5811. Renewal Investigation; Licensing Report and Recommendation
R6-5-5812. Renewal License
R6-5-5813. Licensing Time-frames
R6-5-5814. Amended License; Change in Household Members
R6-5-5815. Monitoring the Foster Home and Family
R6-5-5816. Investigation of Complaints about a Foster Home
R6-5-5817. Licensing Authority Action on Complaints
R6-5-5818. Corrective Action
R6-5-5819. License Denial, Suspension, and Revocation
R6-5-5820. Adverse Action; Notice; Effective Date
R6-5-5821. Appeals
R6-5-5822. Alternative Methods of Compliance
R6-5-5823. Foster Parent: General Qualifications
R6-5-5824. Foster Parent: Personal Characteristics
R6-5-5825. Training and Development
R6-5-5826. Compliance with Licensing Limitations; Adult-child Ratios
R6-5-5827. Placement Agreement
R6-5-5828. Participation in Case Planning
R6-5-5829. Daily Care and Treatment of a Foster Child; Foster Child Rights
R6-5-5830. Medical and Dental Care
R6-5-5831. Child Care
R6-5-5832. Transportation
R6-5-5833. Behavior Management; Discipline; Prohibitions
R6-5-5834. Notification of Foster Child Death, Illness, Accident, Unauthorized Absence, or Other Unusual Events
R6-5-5835. Notification of Events or Changes Involving the Foster Family or the Foster Home
R6-5-5836. Maintenance of a Foster Child's Records
R6-5-5837. Confidentiality
R6-5-5838. Foster Home: General Requirements
R6-5-5839. Foster Home: General Safety Measures
R6-5-5840. Exterior Environment; Play Area; Play Equipment
R6-5-5841. Swimming Pools and Pool Safety
R6-5-5842. Bedrooms; Bedding; Sleeping Arrangements
R6-5-5843. Bathrooms
R6-5-5844. Kitchen
R6-5-5845. Fire Safety and Prevention
R6-5-5846. Emergencies, Exits, and Evacuation
R6-5-5847. Special Provisions for a Receiving Foster Home
R6-5-5848. Special Provisions for a Respite Foster Home
R6-5-5849. Special Provisions for an In-home Respite Foster Parent
R6-5-5850. Special Provisions for a Professional Foster Home
ARTICLE 59. GROUP FOSTER HOME LICENSING STANDARDS
Section
R6-5-5901. Expired
R6-5-5902. Expired
R6-5-5903. Definitions
R6-5-5904. Responsibilities of the Department
R6-5-5905. Expired
R6-5-5906. Licensing Requirements
R6-5-5907. Denial, Suspension, or Revocation of a License
R6-5-5908. Re-licensing Requirements
R6-5-5909. Standards for Licensing and Operating Group Foster Homes
R6-5-5910. Confidentiality
R6-5-5911. Expired
R6-5-5912. Expired
ARTICLE 60. COMPREHENSIVE MEDICAL/DENTAL PROGRAM FOR FOSTER CHILDREN
Section
R6-5-6001. Objective
R6-5-6002. Authority
R6-5-6003. Definitions
R6-5-6004. Eligibility
R6-5-6005. Definition of Covered Services
R6-5-6006. Exceptions, Limitations and Exclusions
R6-5-6007. Prior Authorization
R6-5-6008. Coordination of Benefits
R6-5-6009. Identification Card
R6-5-6010. Payment and Review of Claims
R6-5-6011. Abuse and Misuse of the Program
R6-5-6012. Consent for Treatment
R6-5-6013. Administration of the Program
R6-5-6014. Case Management
R6-5-6015. Fee Schedule
Exhibit 1. Repealed
ARTICLE 61. RE PEALED
Article 61, consisting of Sections R6-5-6101 through R6-5-6104, repealed effective June 5, 1997 (Supp. 97-2).
Article 61, consisting of Sections R6-5-6101 through R6-5-6104, adopted effective August 29, 1984.
Former Article 61, consisting of Sections R6-5-6101 through R6-5-6108, repealed effective August 29, 1984.
ARTICLE 62. REPEALED
Former Article 62 consisting of Sections R6-5-6201 through R6-5-6209 repealed effective August 29, 1984.
ARTICLE 63. REPEALED
Former Article 63 consisting of Sections R6-5-6301 through R6-5-6304 repealed effective November 8, 1982.
ARTICLE 64. REPEALED
Former Article 64 consisting of Sections R6-5-6401 through R6-5-6408 repealed effective February 1, 1979.
ARTICLE 65. DEPARTMENT ADOPTION FUNCTIONS AND PROCEDURES FOR PROVIDING ADOPTION SERVICES
Article 65, consisting of Sections R6-5-6501 through R6-5-6511, adopted effective January 2, 1996 (Supp. 96-1).
Article 65, consisting of Sections R6-5-6501 through R6-5-6509, repealed effective January 2, 1996 (Supp. 96-1).
Section
R6-5-6501. Definitions
R6-5-6502. Central Adoption Registry; Information Maintained; Confidentiality
R6-5-6503. Department Review of Adoption Expenses
R6-5-6503.01. Department Review of Adoption Expenses Under the ICPC
R6-5-6504. Department Adoption Services
R6-5-6505. Department Procedures for Processing Certification Applications
R6-5-6506. Department Priorities for Receipt of Services
R6-5-6507. Department Recruitment Efforts
R6-5-6508. Referrals to Other Sources
R6-5-6509. Fees
R6-5-6510. International Adoptions
R6-5-6511. Termination of Services
ARTICLE 66. ADOPTION SERVICES
Article 66, consisting of Sections R6-5-6601 through R6-5-6624, adopted effective January 2, 1996 (Supp. 96-1).
Article 66, consisting of Sections R6-5-6601 through R6-5-6610, repealed effective January 2, 1996 (Supp. 96-1).
Section
R6-5-6601. Definitions
R6-5-6602. Recruitment
R6-5-6603. Orientation: Persons Interested in Adoption
R6-5-6604. Application for Certification; Fees; Waiver
R6-5-6605. Certification Investigation
R6-5-6606. Certification Report and Recommendation
R6-5-6607. Renewal of Certification
R6-5-6608. Communications with Certified Parents Awaiting Placement
R6-5-6609. Prohibitions Regarding Birth Parents
R6-5-6610. Information About Birth Parents
R6-5-6611. Pre-consent Conferences with Birth Parents
R6-5-6612. Consent to Adopt; Unknown Birth Parent
R6-5-6613. Adoptable Child: Assessment and Service Plan
R6-5-6614. Placement Determination
R6-5-6615. Provision of Information on Placed Child
R6-5-6616. Transportation
R6-5-6617. Placement Investigation and Report
R6-5-6618. Placement Services
R6-5-6619. Post-placement Supervision: Non-foster Parent Placements
R6-5-6620. Post-placement Supervision: Foster Parent Placements
R6-5-6621. Protracted Placements
R6-5-6622. Finalizing the Placement
R6-5-6623. Placement Disruption
R6-5-6624. Confidentiality
ARTICLE 67. ADOPTION SUBSIDY
Section
R6-5-6701. Objective
R6-5-6702. Authority
R6-5-6703. Description of Services
R6-5-6704. Definitions
R6-5-6705. Policy
R6-5-6706. Types of Subsidy
R6-5-6707. Certification of the Child for Adoption Subsidy
R6-5-6708. Adoptive Parents Application for Subsidy
R6-5-6709. Department Responsibility
R6-5-6710. Revisions
R6-5-6711. Case Management
R6-5-6712. Repealed
R6-5-6713. Renumbered
ARTICLE 68. REPEALED
Former Article 68, consisting of Sections R6-5-6801 through R6-5-6808, repealed effective June 5, 1997 (Supp. 97-2).
ARTICLE 69. CHILD PLACING AGENCY LICENSING STANDARDS
Section
R6-5-6901. Objectives
R6-5-6902. Authority
R6-5-6903. Definitions
R6-5-6904. Licensing Requirements
R6-5-6905. Denial, Suspension, or Revocation of a License
R6-5-6906. License Renewal Requirements
R6-5-6907. Standards for Licensing and Operating a Child Placing Agency
R6-5-6908. Confidentiality
R6-5-6909. Civil Rights
R6-5-6910. Fair Labor Standards Act
ARTICLE 70. ADOPTION AGENCY LICENSING
Article 70, consisting of Sections R6-5-7001 through R6-5-7040, adopted effective January 2, 1996 (Supp. 96-1).
Article 70, consisting of Sections R6-5-7001 through R6-5-7040, repealed effective January 2, 1996 (Supp. 96-1).
Article 70 consisting of Sections R6-5-7001 through R6-5-7040 adopted as permanent rules effective January 23, 1987.
Article 70 consisting of Sections R6-5-7001 through R6-5-7040 adopted as an emergency effective October 17, 1986, pursuant to A.R.S. § 41-1003, valid for only 90 days. Emergency expired.
Article 70 consisting of Sections R6-5-7001 through R6-5-7006 adopted as an emergency effective January 1, 1986, pursuant to A.R.S. § 41-1003, valid for only 90 days. Emergency renewed effective April 1, 1986, pursuant to A.R.S. § 41-1003, valid for only 90 days. Emergency expired.
Section
R6-5-7001. Definitions
R6-5-7002. Who Shall Be Licensed
R6-5-7003. Licensing: Initial Application; Fee
R6-5-7004. Licensing: Out-of-state Agencies
R6-5-7005. Department Procedures for Processing License Applications
R6-5-7006. License: Issuance; Denial
R6-5-7007. License: Term; Nontransferability
R6-5-7008. Application for License Renewal; Fee
R6-5-7009. Renewal License: Issuance
R6-5-7010. Amended License
R6-5-7011. Governing Body
R6-5-7012. Agency Administrator
R6-5-7013. Social Services Director
R6-5-7014. Social Workers
R6-5-7015. Agency Employees: Hiring; References; Fingerprinting
R6-5-7016. Agency Volunteers; Interns
R6-5-7017. Personnel Records
R6-5-7018. Training Requirements
R6-5-7019. Contracted Services
R6-5-7020. Staffing Ratios
R6-5-7021. Operations Manual
R6-5-7022. Agency Operations Budget; Financial Records
R6-5-7023. Annual Financial Audit
R6-5-7024. Insurance Coverage
R6-5-7025. Protecting Confidentiality of Adoption Records
R6-5-7026. Recordkeeping Requirements: Adoptive Children
R6-5-7027. Recordkeeping Requirements: Adoptive Parents
R6-5-7028. Reporting Requirements: Abuse; Unauthorized Practice; Changes; Registry Information
R6-5-7029. Birth Parent: Service Agreement; Prohibitions
R6-5-7030 Adoption Fees; Reasonableness
R6-5-7031. Adoption Fee Agreement
R6-5-7032. AHCCCS Reimbursement; Disclosure of Third-party Coverage
R6-5-7033. Monitoring: Inspections and Interviews; Compliance Audit
R6-5-7034. Complaints; Investigations
R6-5-7035. Noncompliance Status
R6-5-7036. Suspension
R6-5-7037. Revocation
R6-5-7038. Adverse Action: Procedures
R6-5-7039. Appeals
R6-5-7040. International Adoptions
ARTICLE 71. REPEALED
Article 71, consisting of Sections R6-5-7101 through R6-5-7104, repealed effective April 9, 1998 (Supp. 98-2).
Article 71, consisting of Sections R6-5-7101 through R6-5-7104, adopted as permanent rules effective July 11, 1986.
Former Article 71, consisting of Sections R6-5-7101 through R6-5-7104, adopted as an emergency effective January 1, 1986 and renewed as an emergency effective April 1, 1986, pursuant to A.R.S. § 41-1003, valid for only 90 days. Emergency effective April 1, 1986 expired.
Former Article 71, consisting of Sections R6-5-7101 through R6-5-7104, repealed effective November 8, 1982.
ARTICLE 72. REPEALED
Former Article 72 consisting of Sections R6-5-7201 through R6-5-7214 repealed effective July 12, 1984.
ARTICLE 73. REPEALED & RENUMBERED
Article 73, consisting of Sections R6-5-7301 through R6-5-7306 and R6-5-7309, repealed; Sections R6-5-7307 and R6-5-7308 renumbered to Sections in Article 74, filed with the Secretary of State's Office May 15, 1997; effective July 1, 1997 (Supp. 97-2). Effective date corrected Supp. 98-2.
Article 73 consisting of Sections R6-5-7301 through R6-5-7309 adopted effective January 21, 1985.
Former Article 73, consisting of Sections R6-5-7301 through R6-5-7320, repealed effective February 26, 1979.
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 R6-5-7471 renumbered from Article 73 and amended effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Effective date corrected Supp. 98-2.
Former Article 74, consisting of Sections R6-5-7401 through R6-5-7413, repealed effective May 15, 1997 (Supp. 97-2).
Section
R6-5-7401. Definitions
R6-5-7402. Request for Initial Application - New Applicant
R6-5-7403. Letter of Intent - New Applicant
R6-5-7404. The Licensing Consultation; Time for Completion of Application
R6-5-7405. Complete Application; Initial License - New Applicant
R6-5-7406. Site Inspection
R6-5-7407. Licensing Study
R6-5-7408. Licensing Decision: Issuance; Denial; Time-frames
R6-5-7409. Licenses and Operating Certificates: Form; Term; Nontransferability
R6-5-7410. Licensed Agency: Application for an Operating Certificate for an Additional Satellite Facility
R6-5-7411. Application for Renewal of License and Operating Certificates
R6-5-7412. Renewal of License and Operating Certificates: Site Inspection; Time-frames; Standard for Issuance
R6-5-7413. Notification to Licensing Authority of Changes Affecting License; Staff Changes
R6-5-7414. Amended License or Operating Certificate
R6-5-7415. Alternative Method of Compliance
R6-5-7416. Monitoring
R6-5-7417. Complaints; Investigations
R6-5-7418. Corrective Action
R6-5-7419. Provisional License
R6-5-7420. Denial, Suspension, and Revocation of a License or Operating Certificate
R6-5-7421. Adverse Action; Procedures; Effective Date
R6-5-7422. Appeals
R6-5-7423. Statement of Purpose; Program Description and Evaluation; Compliance With Adopted Policies; Client Rights; Single Category of Care
R6-5-7424. Governing Body
R6-5-7425. Business and Fiscal Management; Annual Audit
R6-5-7426. Insurance Coverage
R6-5-7427. Confidentiality
R6-5-7428. Children's Records: Contents; Maintenance; Destruction
R6-5-7429. Grievances
R6-5-7430. Staff Management and Staff Records
R6-5-7431. General Qualifications for Staff
R6-5-7432. Qualifications for Specific Positions or Tasks; Exclusions
R6-5-7433. Orientation and Training for Staff
R6-5-7434. Notification of Unusual Incidents and Other Occurrences
R6-5-7435. Investigations of Child Maltreatment
R6-5-7436. Runaways and Missing Children
R6-5-7437. R6-5-7438. Admission and Intake; Criteria; Process; Restrictions
R6-5-7439. Information and Services Provided to Placing Agency or Person
R6-5-7440. Orientation Process for a Child in Care
R6-5-7441. Child's Service Plan: Preparation; Review; Planning Participants
R6-5-7442. Discharge; Discharge Summary
R6-5-7443. Personal Care of Children
R6-5-7444. Children's Clothing and Personal Belongings
R6-5-7445. Children's Money; Restitution
R6-5-7446. Nutrition, Menus, and Food Service
R6-5-7447. Sleeping Arrangements
R6-5-7448. Visitation, Outings, Mail, and Telephones
R6-5-7449. Educational and Vocational Services; Work Assignments
R6-5-7450. Recreation, Leisure, Cultural Activities, and Community Interaction
R6-5-7451. Religion, Culture, and Ethnic Heritage
R6-5-7452. Medical and Health Care
R6-5-7453. Medications
R6-5-7454. Storage of Medications
R6-5-7455. Children's Medical and Dental Records
R6-5-7456. Behavior Management
R6-5-7457. Body Searches
R6-5-7458. Buildings; Grounds; Water Supply
R6-5-7459. Building Interior
R6-5-7460. Kitchens; Food Preparation; and Dining Areas
R6-5-7461. Sleeping Areas and Furnishings
R6-5-7462. Bathrooms
R6-5-7463. Other Facility Space; Staff Quarters
R6-5-7464. Fire, Emergency, and Fire Prevention
R6-5-7465. General Safety
R6-5-7466. Swimming Areas
R6-5-7467. Access; Transportation; Outings
R6-5-7468. Special Provisions for Shelter Care Facilities
R6-5-7469. Special Provisions and Exemptions for Outdoor Experience Programs
R6-5-7470. Planning Requirements for Outdoor Experience Programs
R6-5-7471. Special Physical Environment and Safety Requirements for Outdoor Experience Programs
Appendix 1.
ARTICLE 75. APPEAL AND HEARING PROCEDURES FOR ADVERSE ACTION AGAINST FAMILY FOSTER HOMES, ADOPTION AGENCIES, FAMILY CHILD CARE HOME PROVIDERS, AND PERSONS LISTED ON THE CHILD CARE RESOURCE AND REFERRAL SYSTEM
New Article 75, consisting of Sections R6-5-7501 through R6-5-7508, adopted effective June 4, 1998 (98-2).
Former Article 75, consisting of Sections R6-5-7501 through R6-5-7508, repealed effective November 8, 1982.
Section
R6-5-7501. Definitions
R6-5-7502. Entitlement to a Hearing; Appealable Action
R6-5-7503. Computation of Time
R6-5-7504. Request for Hearing: Form; Time Limits; Presumptions
R6-5-7505. Administration: Transmittal of Appeal
R6-5-7506. Stay of Adverse Action Pending Appeal
R6-5-7507. Hearings: Location; Notice; Time
R6-5-7508. Rescheduling the Hearing
R6-5-7509. Hearing Officer: Duties; Qualifications
R6-5-7510. Change of Hearing Officer; Challenges for Cause
R6-5-7511. Subpoenas
R6-5-7512. Parties' Rights
R6-5-7513. Withdrawal of an Appeal
R6-5-7514. Failure to Appear; Default; Reopening
R6-5-7515. Hearing Proceedings
R6-5-7516. Hearing Decision
R6-5-7517. Effect of the Decision
R6-5-7518. Further Administrative Appeal
R6-5-7519. Appeals Board
R6-5-7520. Judicial Review
ARTICLE 76. REPEALED
Article 76, consisting of Sections R6-5-7601 through R6-5-7639, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 77. REPEALED
Former Article 77 consisting of Sections R6-5-7701 through R6-5-7704 repealed effective November 8, 1982.
ARTICLE 78. REPEALED
Former Article 78 consisting of Sections R6-5-7801 through R6-5-7804 repealed effective November 8, 1982.
ARTICLE 79. REPEALED
Former Article 79 consisting of Sections R6-5-7901 through R6-5-7913 repealed effective November 8, 1982.
ARTICLE 80. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
Section
R6-5-8001. Goals
R6-5-8002. Objectives
R6-5-8003. Authority
R6-5-8004. Definitions
R6-5-8005. Placement Agreement
R6-5-8006. Financial Responsibility
R6-5-8007. Eligibility
R6-5-8008. Placement Approval
R6-5-8009. Case Management
R6-5-8010. Terminating the Service
ARTICLE 81. REPEALED
Former Article 81 consisting of Sections R6-5-8101 through R6-5-8104 repealed effective November 8, 1982.
ARTICLE 82. REPEALED
Former Article 82 consisting of Sections R6-5-8201 through R6-5-8204 repealed effective November 8, 1982.
ARTICLE 83. REPEALED
Article 83, consisting of Sections R6-5-8301 through R6-5-8308, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 84. REPEALED
Former Article 84 consisting of Sections R6-5-8401 through R6-5-8404 repealed effective November 8, 1982.
ARTICLE 85. REPEALED
Former Article 85 consisting of Sections R6-5-8501 through R6-5-8508 repealed effective November 8, 1982.
ARTICLE 86. REPEALED
Article 86, consisting of Sections R6-5-8601 through R6-5-8604, repealed effective December 17, 1993 (Supp. 93-4).
Article 86 consisting of Sections R6-5-8601 through R6-5-8604 adopted effective March 8, 1979.
Former Article 86 consisting of Sections R6-5-8601 through R6-5-8611 repealed effective March 8, 1979.
ARTICLE 87. REPEALED
Article 87, consisting of Sections R6-5-8701 through R6-5-8704, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 88. REPEALED
Former Article 88 consisting of Sections R6-5-8801 through R6-5-8804 repealed effective November 8, 1982.
ARTICLE 89. RESERVED
ARTICLE 90. RESERVED
ARTICLE 91. REPEALED
Article 91, consisting of Sections R6-5-9101 through R6-5-9104, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 92. REPEALED
Article 92, consisting of Sections R6-5-9201 through R6-5-9204, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 93. REPEALED
Former Article 93 consisting of Sections R6-5-9301 through R6-5-9304 repealed effective November 8, 1982.
ARTICLE 94. REPEALED
Former Article 94 consisting of Sections R6-5-9401 through R6-5-9404 repealed effective November 8, 1982.
ARTICLE 95. REPEALED
Former Article 95 consisting of Sections R6-5-9501 through R6-5-9504 repealed effective November 8, 1982.
ARTICLE 96. REPEALED
Former Article 96 consisting of Sections R6-5-9601 through R6-5-9604 repealed effective November 8, 1982.
ARTICLE 97. REPEALED
Former Article 97 consisting of Sections R6-5-9701 through R6-5-9704 repealed effective November 8, 1982.
ARTICLE 98. REPEALED
Former Article 98 consisting of Sections R6-5-9801 through R6-5-9804 repealed effective November 8, 1982.
ARTICLE 99. REPEALED
Former Article 99 consisting of Sections R6-5-9901 through R6-5-9904 repealed effective November 8, 1982.
ARTICLE 100. REPEALED
Former Article 100 consisting of Sections R6-5-10001 through R6-5-10004 repealed effective November 8, 1982.
ARTICLE 101. REPEALED
Former Article 101 consisting of Sections R6-5-10101 through R6-5-10104 repealed effective November 8, 1982.
ARTICLE 102. REPEALED
Former Article 102 consisting of Sections R6-5-10201 through R6-5-10204 repealed effective November 8, 1982.
ARTICLE 103. REPEALED
Former Article 103 consisting of Sections R6-5-10301 through R6-5-10304 repealed effective November 8, 1982.
ARTICLE 104. REPEALED
Article 104, consisting of Sections R6-5-10401 through R6-5-10404, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 105. REPEALED
Article 105, consisting of Sections R6-5-10501 through R6-5-10504, repealed effective December 17, 1993 (Supp. 93-4).
ARTICLE 106. REPEALED
Former Article 106 consisting of Sections R6-5-10601 through R6-5-10604 repealed effective November 8, 1982.
ARTICLE 107. REPEALED
Former Article 107 consisting of Sections R6-5-10701 through R6-5-10704 repealed effective November 8, 1982.
ARTICLE 108. REPEALED
Former Article 108 consisting of Sections R6-5-10801 through R6-5-10804 repealed effective November 8, 1982.
ARTICLE 109. REPEALED
Former Article 109 consisting of Sections R6-5-10901 through R6-5-10904 repealed effective November 8, 1982.
ARTICLE 110. REPEALED
Former Article 110 consisting of Sections R6-5-11001 through R6-5-11004 repealed effective November 8, 1982.
ARTICLE 1. REPEALED
Former Article 1 consisting of Sections R6-5-01 through R6-5-103 repealed effective August 3, 1978.
ARTICLE 2. REPEALED
Former Article 2 consisting of Sections R6-5-201 through R6-5-209 repealed effective August 8, 1978.
ARTICLE 3. REPEALED
Former Article 3 consisting of Sections R6-5-301 through R6-5-308 repealed effective July 6, 1976.
ARTICLE 4. REPEALED
Former Article 4 consisting of Sections R6-5-401 through R6-5-420 repealed effective August 3, 1978.
ARTICLE 5. REPEALED
Former Article 5 consisting of Sections R6-5-501 through R6-5-504 repealed effective July 6, 1976.
ARTICLE 6. REPEALED
Former Article 6 consisting of Sections R6-5-601 through R6-5-622 repealed effective July 6, 1977.
ARTICLE 7. REPEALED
Former Article 7 consisting of Sections R6-5-701 through R6-5-716 repealed effective August 3, 1978.
ARTICLE 8. REPEALED
Former Article 8 consisting of Sections R6-5-801 through R6-5-808 repealed effective September 16, 1976.
ARTICLE 9. REPEALED
Former Article 9 consisting of Sections R6-5-901 through R6-5-904 repealed effective August 3, 1978.
ARTICLE 10. REPEALED
Former Article 10 consisting of Sections R6-5-1001 through R6-5-1003 repealed effective August 3, 1978.
ARTICLE 11. REPEALED
Former Article 11 consisting of Sections R6-5-1101 through R6-5-1109 repealed effective August 11, 1976.
ARTICLE 12. REPEALED
Former Article 12 consisting of Sections R6-5-1201 through R6-5-1206 repealed effective May 17, 1976.
ARTICLE 13. REPEALED
Former Article 13 consisting of Sections R6-5-1301 through R6-5-1309 repealed effective November 23, 1976.
ARTICLE 14. REPEALED
Former Article 14 consisting of Sections R6-5-1401 through R6-5-1413 repealed effective May 24, 1976.
ARTICLE 15. REPEALED
Former Article 15 consisting of Sections R6-5-1501 through R6-5-1504 repealed effective August 11, 1976.
ARTICLE 16. RESERVED
ARTICLE 17. REPEALED
Former Article 17 consisting of Sections R6-5-1701 through R6-5-1704 repealed effective August 11, 1976.
ARTICLE 18. REPEALED
Former Article 18 consisting of Sections R6-5-1801 through R6-5-1804 repealed effective August 11, 1976.
ARTICLE 19. REPEALED
Former Article 19 consisting of Sections R6-5-1901 through R6-5-1906 repealed effective July 6, 1976.
ARTICLE 20. REPEALED
R6-5-2001. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2001 repealed, new Section R6-5-2001 adopted effective May 17, 1976 (Supp. 76-3). Amended as an emergency effective August 3, 1976 (Supp. 76-4). Former Section R6-5-2001 repealed, new Section R6-5-2001 adopted effective November 8, 1982 (Supp. 82-6). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2002. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2002 repealed, new Section R6-5-2002 adopted effective May 17, 1976 (Supp. 76-3). Amended effective February 10, 1977 (Supp. 77-1). Former Section R6-5-2002 repealed, new Section R6-5-2002 adopted effective November 8, 1982 (Supp. 82-6). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2003. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2003 repealed, new Section R6-5-2003 adopted effective May 17, 1976 (Supp. 76-3). Amended effective February 10, 1977 (Supp. 77-1). Amended effective October 31, 1978 (Supp. 78-5). Former Section R6-5-2003 repealed, new Section R6-5-2003 adopted effective November 8, 1982 (Supp. 82-6). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2004. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2004 repealed, new Section R6-5-2004 adopted effective May 17, 1976 (Supp. 76-3). Amended as an emergency effective August 3, 1976 (Supp. 76-4). Amended effective February 10, 1977 (Supp. 77-1). Amended effective October 31, 1978 (Supp. 78-5). Former Section R6-5-2004 repealed, new Section R6-5-2004 adopted effective November 8, 1982 (Supp. 82-6). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period July 1, 1983, through June 30, 1984, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 83-3). Exhibit I, Title XX, Social Services Plan, incorporated herein by reference, amended as an emergency effective September 30, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Emergency expired. Permanent amendment adopted effective January 3, 1984 (Supp. 84-1). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period July 1, 1984, through June 30, 1985, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 84-3). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period July 1, 1985, through June 30, 1986, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 85-3). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period July 2, 1986, through June 30, 1987, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 86-4). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period September 24, 1987, through June 30, 1988, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 87-3). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period September 22, 1988, through June 30, 1989, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 88-3). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2), of this rule, is adopted for the program period July 1, 1989, through June 30, 1990, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 89-3). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2005. Repealed
Historical Note
Adopted effective May 17, 1976 (Supp. 76-3). Amended effective February 10, 1977 (Supp. 77-1). Amended effective October 31, 1978 (Supp. 78-5). Former Section R6-5-2005 repealed, new Section R6-5-2005 adopted effective November 8, 1982 (Supp. 82-6). A new Exhibit I, Title XX, Social Services Plan, referred to in subsection (1) of this rule, is adopted for the program period September 22, 1988 through July 30, 1989 (Supp. 88-3). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2006. Repealed
Historical Note
Adopted effective May 17, 1976 (Supp. 76-3). Amended effective February 10, 1977 (Supp. 77-1). Amended effective October 31, 1978 (Supp. 78-5). Repealed effective November 8, 1982 (Supp. 82-6).
ARTICLE 21. REPEALED
Former Article 21 consisting of Sections R6-5-2101 through R6-5-2110 repealed effective November 8, 1982.
ARTICLE 22. REPEALED
Former Article 22 consisting of Sections R6-5-2202 through R6-5-2209 repealed effective November 8, 1982.
ARTICLE 23. REPEALED
R6-5-2301. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2301 repealed, new Section R6-5-2301 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2302. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2302 repealed, new Section R6-5-2302 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2303. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2303 repealed, new Section R6-5-2303 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2304. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2304 repealed, new Section R6-5-2304 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2305. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2305 repealed, new Section R6-5-2305 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2306. Repealed
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2306 repealed, new Section R6-5-2306 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2307. Repealed
Historical Note
Adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2308. Repealed
Historical Note
Adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2309. Repealed
Historical Note
Adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
R6-5-2310. Repealed
Historical Note
Adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
ARTICLE 24. APPEALS AND HEARINGS
Article 24 consisting of Sections R6-5-2401 through R6-5-2405 adopted effective March 1, 1978.
Former Article 24 consisting of Sections R6-5-2401 through R6-5-2404 repealed effective March 1, 1978.
R6-5-2401. Objective
The objective is to ensure and preserve all legal rights in the acquisition of services.
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2401 repealed, new Section R6-5-2401 adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-2401 repealed, new Section R6-5-2401 adopted effective March 1, 1978 (Supp. 78-2).
R6-5-2402. Authority
A. A.R.S. § 46-205.
B. 45 C.F.R. 205.10.
C. 45 C.F.R. 228.14.
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2402 repealed, new Section R6-5-2402 adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-2402 repealed, new Section R6-5-2402 adopted effective March 1, 1978 (Supp. 78-2).
R6-5-2403. Definitions
A. "Department." The Department of Economic Security. This includes contract provider agencies which are acting in behalf of the Department of Economic Security to determine eligibility.
B. "Contract provider/provider." Any private agency, institution, public agency (as defined in A.R.S. § 11-951) or vendor which has executed an agreement with the Department to furnish services for monetary reimbursement.
C. "Local office." Any Department of Economic Security or contract provider site from which eligibility determinations and/or services originate.
Historical Note
Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2403 repealed, new Section R6-5-2403 adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-2403 repealed, new Section R6-5-2403 adopted effective March 1, 1978 (Supp. 78-2).
R6-5-2404. Basis for a hearing
A. A person will be granted a hearing for any of the following reasons:
1. Right to apply for social services has been denied.
2. Application is denied in whole or in part.
3. Action on an application has not been taken by the Department within 30 days of the date of application.
4. Service is suspended, terminated or reduced when such action has occurred as a result of an eligibility determination.
B. Change in law or policy. A hearing shall not be granted when a change in federal or state law or policy requires service adjustments or discontinuance for classes of recipients.
Historical Note
Adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-2404 repealed, new Section R6-5-2404 adopted effective March 1, 1978 (Supp. 78-2).
R6-5-2405. Hearing process
A. Filing of appeal
1. A request for a hearing shall be filed in writing with the Department or provider within 15 calendar days after the mailing date of the decision letter, except that for appeals on denying, revoking or suspending a license of a child welfare agency or foster home the request shall be filed within 20 calendar days.
2. Except as otherwise provided by statute or by Department regulation, any appeal, application, request, notice, re- port, or other information or document submitted to the Department shall be considered received by and filed with the Department:
a. If transmitted via the United States Postal Service or its successor, on the date it is mailed. The mailing date will be as follows:
i. As shown by the postmark.
ii. In the absence of a postmark the postage-meter mark of the envelope in which it is received;
iii. If not postmarked or postage-meter marked, or if the mark is illegible, the date entered on the document as the date of completion.
b. If transmitted by any means other than the United States Postal Service or its successor, on the date it is received by the Department.
c. The submission of any appeal, application, request, notice, report or other information or document not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to Department error or misinformation or to delay or other action of the United States Postal Service or its successor.
d. Any notice, determination, decision or other data mailed by the Department shall be considered as having been given to the addressee to whom it is directed on the date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date of the notice, determination, decision or other data unless otherwise indicated by the facts. Computation of time shall be made in accordance with Rule 6(a) of the Rules of Civil Procedure, 16 A.R.S.
3. Benefits shall not be reduced or terminated prior to a hearing decision unless due to a subsequent change in household eligibility another notice of adverse action is received and not timely appealed.
4. The local office or provider shall advise the client of any community legal services available and, when requested, shall assist in completing the hearing request.
B. Notice of hearing
1. Hearings will be held at the local office or any other place mutually agreed upon by the hearing officer and appellant. They shall be scheduled not less than 20 nor more than 30 days from the date of filing of the request for hearing. The appellant shall be given no less than 15 days notice of hearing, except that the appellant may waiver the notice period or request a delay. For appeals on denying, revoking or suspending a license of a child welfare agency or foster home, however, the hearing shall be held within ten days of the date of filing of the request for hearing.
2. The notice of hearing shall inform the appellant of the date, time, and place of the hearing, the name of the hearing officer, the issues involved, and of his rights to: present his case in person or through a representative; examine and copy any documents in his case file and all documents and records to be used by the agency at the hearing at a reasonable time prior to the hearing as well as at the hearing; obtain assistance from the local office in preparing his case; and of his opportunity to make inquiry at the local office about the availability of community legal resources which could provide representation at the hearing.
3. Appellant, in lieu of a personal appearance, may submit a written statement, under oath or affirmation, setting forth the facts of the case provided that the statement is submitted to the Department prior to or at the time of the hearing. All parties shall be ready and present with all witnesses and documents at the time and place specified in the notice of hearing, and shall be prepared at such time to dispose of all issues and questions involved in the appeal.
4. The hearing officer may take such action for the proper disposition of an appeal as he deems necessary, and on his own motion, or at the request of any interested party upon a showing of good cause disqualify himself, or may continue the hearing to a future time or reopen a hearing before a decision is final to take additional evidence. If an interested party fails to appear at a scheduled hearing, the hearing officer may adjourn the hearing to a later date or may make his decision upon record and such evidence as may be presented at the scheduled hearing. If, within ten days of the scheduled hearing, appellant files a written application requesting reopening of the proceedings and establishes good cause for failure to appear at the scheduled hearing, the hearing shall be rescheduled. Notice of the time, place, and purpose of any continued, reopened or rescheduled hearing shall be given to all interested parties.
C. Prehearing summary
1. A prehearing summary of the facts and grounds for the action taken shall be prepared and forwarded to the hearing officer no less than four days prior to the hearing.
2. The summary shall be provided to the appellant prior to the commencement of the hearing.
D. Subpoena of witnesses. The hearing officer may subpoena any witnesses or documents requested by the Department or claimant to be present at the hearing. The request shall be in writing and shall state the name and address of the witness and the nature of his testimony. The nature of the witnesses' testimony must be relevant to the issues of the hearing, otherwise the hearing officer may deny the request. The request for the issuance of a subpoena shall be made to give sufficient time, a minimum of three working days, prior to the hearing. A subpoena requiring the production of records and documents shall specifically describe them in detail and further set forth the name and address of the custodian thereof.
E. Review of file. In the presence of a Department representative, the appellant and/or his authorized representative shall be permitted to review, obtain or copy any Department record necessary for the proper presentation of the case.
F. Conduct of the hearing
1. Hearings shall be conducted in an orderly and dignified manner.
2. Hearings are opened, conducted and closed by the hearing officer who shall rule on the admissibility of evidence and shall direct the order of proof. He shall have power to administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses, the production of books, papers, correspondence, memoranda and other records he deems necessary as evidence in connection with a hearing.
3. Evidence not related to the issue shall not be allowed to become a part of the record.
4. The hearing officer may, on his own motion, or at the request of the appellant or Department representative, exclude witnesses from the hearing room.
5. The worker, supervisor or other appropriate person may be designated Department representative for the hearing.
6. The appellant and Department representative may testify, present evidence, cross-examine witnesses and present arguments.
7. The appellant may appear for himself or be represented by an attorney or any other person he designates.
8. A full and complete record shall be kept of all proceedings in connection with an appeal, and such records shall be open for inspection by the claimant or his representative at a place accessible to him. A transcript of the proceedings need not, however, be made unless it is required for further proceedings. When a transcript has been made for further proceedings, a copy shall be furnished without cost to each interested party.
G. Hearing decision
1. The hearing decision shall be rendered exclusively on the evidence and testimony produced at the hearing, appropriate state and federal law, and Department rules governing the issues in dispute.
2. The decision shall set forth the pertinent facts involved, the conclusions drawn from such facts, the sections of applicable law or rule, the decision and the reasons thereof. A copy of such decision, together with an explanation of the appeal rights, shall be delivered or mailed to each interested party and their attorneys of record not more than 60 days from the date of filing the request for appeal, unless the delay was caused by the appellant.
3. In those cases where the local office must take additional action as a result of a decision, such action must be taken immediately.
4. All decisions in favor of the appellant apply retroactively to the date of the action being appealed, or to the date the hearing officer specifically finds appropriate.
5. When a hearing decision upholds the proposed action of reducing, suspending or terminating a grant, an overpayment is the result.
6. All hearing decisions will be made accessible to the public, subject to meeting the provision for safeguarding confidential information relating to the client.
7. Decision of the hearing officer will be the final decision of the Department unless a reconsideration is requested in accordance with subsection (I).
H. Withdrawal of appeal. An appeal may be withdrawn as follows:
1. Voluntary withdrawal. This may be accomplished by completing and signing the proper Department form or by submitting a letter properly signed.
2. Abandonment or involuntary withdrawal. This occurs when an appellant fails to appear at a scheduled hearing and within ten days thereof fails to request a rescheduled hearing or fails to appear at a rescheduled hearing which he has requested. A hearing may not be considered abandoned if the claimant provides notification up to the time of the hearing that he is unable, due to good cause, to keep the appointment and that he still wishes a hearing.
I. Reconsideration
1. An appellant, within ten calendar days after the decision was mailed or otherwise delivered to him, may request the Director to review the decision. The request shall be in writing and should set forth a statement of the grounds for review, and may be filed personally or by mail.
2. After receipt of an application for leave to appeal, the Director shall:
a. Deny the application, or
b. Remand the case for rehearing, specifying the nature of any additional evidence required and/or issues to be considered, or
c. Grant the application and decide the appeal on the record.
3. The Director shall promptly adopt his decision which shall be the final decision of the Department. A copy of the decision, together with a statement specifying the rights for judicial review, shall be distributed to each interested party.
Historical Note
Adopted effective March 1, 1978 (Supp. 78-2).
ARTICLE 25. REPEALED
R6-5-2501. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-2501 repealed, new Section R6-5-2501 adopted effective February 26, 1979 (Supp. 79-1). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2502. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-2502 repealed, new Section R6-5-2502 adopted effective February 26, 1979 (Supp. 79-1). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2503. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
ARTICLE 26. REPEALED
R6-5-2601. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2602. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2603. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2604. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2605. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2606. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2607. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
ARTICLE 27. REPEALED
R6-5-2701. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2702. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2703. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2704. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2705. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2706. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
R6-5-2707. Repealed
Historical Note
Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
ARTICLE 28. REPEALED
Former Article 28 consisting of Sections R6-5-2801 through R6-5-2804 repealed effective November 8, 1982.
ARTICLE 29. REPEALED
R6-5-2901. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2902. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2903. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2904. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2905. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2906. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2907. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2908. Repealed
Historical Note
Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
R6-5-2909. Repealed
