Ariz. Admin. Code § 21-5-501

Current through Register Vol. 30, No. 45, November 8, 2024

Section R21-5-501 - Definitions

In addition to the definitions in A.R.S. §§ 8-141 and 8-501, the following definitions apply in this Article.

1. "Adoption agency" means an individual or entity, including a corporation, company, partnership, firm, association, or society, other than the Department, licensed by the Department to place a child for adoption.

2. "Adoption Specialist" means the Department of Child Safety Specialist, or adoption agency staff person, who is responsible for managing the child's case prior to the adoption finalization.

3. "Adoption subsidy" means the same as A.R.S. § 8-141, and includes nonrecurring adoption expenses under A.R.S. § 8-161 et seq. If the child qualifies, the adoption subsidy may include one or more of the following:

a. Medical, dental, and mental health subsidy;

b. Maintenance subsidy;

c. Special services subsidy; and

d. Reimbursement of nonrecurring adoption expenses.

4. "Adoption subsidy agreement" means the agreement in A.R.S. § 8-144 concerning the Adoption Subsidy Program and includes the agreement in A.R.S. § 8-162 concerning the nonrecurring adoption expense program.

5. "Adoption Subsidy Program" means a unit within the Department of Child Safety that administers the adoption subsidy.

6. "Adoption Subsidy Supervisor" means a Department employee who is responsible for the Adoption Subsidy Program within a defined geographic area, and that the Department has authorized to approve an adoption subsidy agreement.

7. "Adoptive parent" means an adult who the court has certified or approved to adopt a child, or an adult who has adopted a child.

8. "AHCCCS" means the Arizona Health Care Cost Containment System, which is the state's program for medical assistance available under Title XIX of the Social Security Act and state public insurance statutes, A.R.S. Title 36, Chapter 29.

9. "AHCCCS hospital reimbursement system" means the payment structure that AHCCCS uses to pay for inpatient and outpatient hospital services.

10. "Complete adoption subsidy application" means a packet containing the following:

a. An "Adoptive Family Subsidy Application" form provided by the Department that the adoptive parent, the Adoption Specialist, and Adoption Specialist supervisor have completed and signed; and

b. The supporting documentation and information requested in the "Adoptive Family Subsidy Application."

11. "Debilitating" means a lifelong, progressive, or fatal condition characterized by physical, mental, or developmental impairment that impedes an individual's ability to function independently.

12. "Department" or "DCS" means the Arizona Department of Child Safety.

13. "Developmental disability" means the same as A.R.S. § 8-141.

14. "Diagnose" means to identify a physical, psychological, social, learning, or developmental condition or disability according to the accepted standards of the medical, mental health, or educational professions.

15. "Emergency situation" means a circumstance that, if un-addressed, would be detrimental to a child's life, health, or safety.

16. "Emotional disturbance" means the same as A.R.S. § 8-141.

17. "Lawfully present in the United States" means the child is a U.S. citizen, national, or an alien authorized by an appropriate federal entity or court to be present in the United States.

18. "Legally free" means the parental rights of a child's birth or legal parents have been terminated.

19. "Maintenance subsidy" means a monthly payment paid to a custodial adoptive parent to assist with the costs directly related to meeting some of the adopted child's needs, including child care, health insurance co-payments and deductibles, and supplemental educational services for the adopted child.

20. "Mental disability" means the same as A.R.S. § 8-141.

21. "Nonrecurring adoption expenses" means the same as A.R.S. § 8-161, and are reasonable and necessary expenses directly related to the legal process of adopting a child with special needs. Allowable expenses include adoption fees, court costs, attorney's fees, fingerprinting fees, home study fees, costs for physical and psychological examinations, costs for placement supervision, and travel expenses necessary to complete the adoption.

22. "Physical disability" means the same as A.R.S. § 8-141.

23. "Qualified professional" means a practitioner licensed or certified by the state of Arizona or another state to evaluate and diagnose a condition or disability, or provide medical, dental, mental health services, or approved by the Department to provide educational or respite services.

24. "Sibling relationship" means two or more brothers or sisters who are related by blood or by law, and who are being adopted by the same family.

25. "Special allowance" means funds provided for clothing or personal expenses, therapeutic or personal attendant care, and other specialized payments such as emergency clothing, education, and gift allowances.

26."Special needs" means one or more of the following conditions which existed before the finalization of adoption:

a. Physical, mental or developmental disability.

b. Emotional disturbance.

c. High risk of physical or mental disease.

d. High risk of developmental disability.

e. Age of six or more years at the time of application for an adoption subsidy.

f. Sibling relationship.

g. Racial or ethnic factors.

h. High risk of severe emotional disturbance if removed from the care of his foster parents.

i. Any combination of the special needs described in this paragraph. A.R.S. § 8-141.

27. "Special services subsidy" means financial assistance for extraordinary, infrequent, or uncommon needs related to a special needs condition specified in the adoption subsidy agreement.

28. "Standard of care" means a medical or psychological procedure or process that is accepted as treatment for a specific illness, injury, medical, dental, learning, or psychological condition through custom, peer review, or consensus by the professional medical, dental, educational, or mental health community.

29. "Title IV-E" means section 473 of Title IV of the Social Security Act, 42 U.S.C. 673, which establishes the federal adoption assistance program.

30. "Title XIX" means Medicaid, as defined by Section 1900, Title XIX, of the Social Security Act, 42 U.S.C. 1396.

31. "Title XX" means the Social Services Block Grant, as defined by Section 2001, Title XX, of the Social Security Act, 42 U.S.C. 1397.

32. "Undiagnosed pre-existing special need condition" means a physical, mental or developmental disability or emotional disturbance that existed before a court finalized the child's adoption, and that a qualified professional did not confirm before the child's adoption.

Ariz. Admin. Code § R21-5-501

New section made by exempt rulemaking at 21 A.A.R. 3256, effective 1/24/2016.