Ariz. Admin. Code § 21-7-101

Current through Register Vol. 31, No. 2, January 10, 2025

Section R21-7-101 - Definitions

In addition to the definitions contained in A.R.S. § 8-501, the following definitions apply in this Chapter:

1. "Abuse" means the same as in A.R.S. § 8-201.

2. "Administrative Completeness Review Time Frame" means the same as in A.R.S. § 41-1072.

3. "Adult" means any person 18 years of age or older.

4. "Adverse action" means a license denial, suspension, or revocation.

5. "After care" means services provided to a child in care after the child is discharged from a licensee's care and may also include services for the child's family.

6. "Agency" means a Child Welfare Agency.

7. "Amendment" means the addition, deletion, correction, or other change proposed or made to a license.

8. "Applicant" means a person or group of persons, including any individual with ownership interest, who submits an application to the Department to become licensed or to renew a license to operate a Child Welfare Agency.

9. "Behavior management" means the policy, procedure, and technique a licensee uses to control a child in care's conduct as prescribed in R21-7-227.

10. "Board of Directors" means a group of individuals elected to establish policies and jointly supervise the activities of an organization, and makes decisions on major company issues. An Agency's Board of Directors may also be referred to as a Governing Body.

11. "Calendar day" means all days, including weekends and Arizona state holidays.

12. "Central Registry" means the information maintained by the Department of substantiated reports of child abuse or neglect for the purposes of A.R.S. § 8-804.

13. "Centralized Intake Hotline" means a dedicated unit established by the Department, under A.R.S. § 8-455, to receive and process communications regarding suspected abuse or neglect of a child in the state of Arizona.

14. "Chief Executive Officer" or "CEO" means the person responsible for overall administration of a Child Welfare Agency. Depending on the type of organization, the Chief Executive Officer may also be referred to as the Executive Director, Administrator, or Director of the Agency, or any other title that refers to an individual who serves this function.

15. "Child" means any person less than 18 years of age.

16. "Child in care" means a child that is placed in the physical custody of an Agency, licensee, or residential group care facility other than with the child's parent or guardian.

17. "Child Placement" or "placement activity" means the selection, by a person or agency other than the child's parent or guardian, of a foster family or prospective adoptive family, or effecting the movement of the child into the foster family or prospective adoptive family.

18. "Child Placing Agency" means any Child Welfare Agency that places children in foster homes for temporary care or in prospective adoptive homes for adoption. The children placed by the Child Placing Agency are not in the custody of the Department.

19. "Child safety worker" means the same as in A.R.S. § 8-801.

20. "Corrective action" means a specific course of conduct an Agency shall follow to remedy violations of the licensing requirements prescribed in this Chapter within a specified period of time.

21. "Corrective Action Plan" means a written document describing an Agency's corrective action, as prescribed in R21-7-113.

22. "Criminal History self-disclosure" means a person's statement made under penalty of perjury, using the form approved by the Department, attesting to whether the person:

a. Has a record of any arrests, convictions, or pending indictments;

b. Has committed a crime specified in A.R.S. § 41-1758.07 as a precluding crime for the issuance of a fingerprint clearance card meeting Level One requirements; or

c. Is a registered sex offender.

23. "DCS Report" means the same as in A.R.S. § 8-201.

24. "De-escalation" means a method of verbal communication or non-verbal signals and actions, or a combination of signals and actions that interrupt a child's behavior crisis and calm the child.

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

26. "Developmentally appropriate" means:

a. The activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

b. In the case of a specific child in care, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.

27. "Direct care services" means in-person interaction between direct care staff and a child in care. Direct care services do not include incidental contact by non-direct care staff and a child in care.

28. "Direct care staff" means staff whose responsibilities include providing direct care services.

29. "Directive Corrective Action Plan" means a plan to cure deficiencies identified by the Department in which the Department gives specific direction as to the corrections needed.

30. "Discharge plan" means a written program of action developed by an Agency in cooperation with a child in care's planning participants that includes:

a. A program of action to prepare a child in care for release from a Child Welfare Agency; and

b. An after care referral.

31. "Disqualifying act" means a substantiated finding for a specific individual that is identified in the document "DCS Central Registry Disqualification Acts".

32. "Document" means to make and retain a permanent written or electronic record of a fact, event, circumstance, observation, contact, or communication; unless context dictates otherwise.

33. "Exploitation" means the act of taking advantage of, or to make use of a child selfishly, unethically, or unjustly, for one's own advantage or profit, in a manner contrary to the best interests of the child, such as having a child panhandle, steal, or perform other illegal activities.

34. "Facility" means a living environment operated by a Child Welfare Agency, where a child in care is in the care of an adult unrelated to the child.

a. "Facility" includes a shelter care facility for a group of children that is intended to be short-term in nature, and a residential group care facility for a group of children who are intended to be placed for longer periods of time.

b. "Facility" when referring to a Child Placing Agency facility means any physical setting in which the Child Placing Agency conducts business, including areas where a child in care may be present for less than 24 hours during transport to a foster home or other placement.

c. "Facility" does not include a program licensed as a behavioral health service agency by Arizona Department of Health Services under A.R.S. § 36-418.

35. "File" means a place where information is stored through written, electronic, or computerized means unless context dictates otherwise.

36. "Foster care" means care and supervision provided to a child in care who is in a licensed out of home placement.

37. "Good standing" means the Child Welfare Agency is in substantial compliance with obligations under this Chapter, not subject to an open investigation, not subject to an open licensing concern, not subject to suspension, and not subject to any outstanding corrective actions.

38. "Governing body" means an individual or group of individuals responsible for the policies, activities, and operations of a Child Welfare Agency as described in R21-7-118.

39. "Health self-disclosure" means a declaration from direct care staff and any adult living in the facility, using the form provided by the Department attesting to the person's physical, medical, and emotional health. The health self-disclosure:

a. Identifies any past or present:

i. Major illness;

ii. Communicable disease;

iii. Surgery;

iv. Drug or substance abuse problem or treatment; and

v. Other medical, physical, or mental health condition or treatment; and

b. Identifies all medications, treatments, adaptive equipment, or other accommodation used to reduce or eliminate any barriers caused by medical, physical, or mental health condition.

40. "Human services field" means any area of study that moves the human experience forward e.g. child development, human development, psychology, sociology, social work, medicine, and education.

41. "Individual Education Plan" or "IEP" means a written legal document that guarantees the necessary instruction, supports, and services for a particular child in care who is eligible for special education determined by a multidisciplinary team. The IEP is created through a team effort and reviewed at least once per year. An IEP is covered by special education law to include Individuals with Disabilities Education Act.

42. "Initial wellness screening" means an assessment of a child in care's outward appearance to identify any physical or health concerns that may require urgent medical attention prior to a routine physical exam occurring by a licensed medical practitioner. The assessment shall include identification of cuts, bruising, lice, bite marks, scars, signs of intoxication, and a verbal report from the child.

43. "License" or "regular license" means a document issued by the Department that authorizes the operation of a Child Welfare Agency. A "license" does not include a "provisional license" as defined by this Article.

44. "Licensee" means the person or entity holding a Child Welfare Agency license. When used in reference to a duty, task, or obligation, the term "licensee" includes the staff who administer or work at a Child Welfare Agency and who are responsible for doing the acts necessary to fulfill the requirements of this Chapter.

45. "Licensing year" means a one-year time period that begins on the date an agency obtains a license to operate.

46. "Life Safety Inspection" means an examination of a facility and its premises by the Department to verify compliance with A.A.C. Title 21, Chapter 8, Article 1.

47. "Living unit" means a specific grouping of children who are assigned to and share a distinct and common physical space within a facility.

48. "Medical professional" means a person who holds a current license as a physician, surgeon, nurse practitioner, or physician's assistant under A.R.S. §§ 32-1401 et seq., Medicine and Surgery; A.R.S. §§ 32-1800 et seq., Osteopathic Physicians and Surgeons; A.R.S. §§ 32-2501 et seq., Physician Assistants; and A.R.S. §§ 32-1601 et seq., Nursing and A.A.C. R4-19-501(A)(1), Registered Nurse Practitioner, respectively.

49. "Medication" means an agent, such as a drug or substance used to prevent or treat disease, illness or injury, includes both prescribed and over-the-counter agents.

50. "Mobile dwelling" means the same as recreational vehicle as defined in A.R.S. § 41-4001. Mobile dwelling does not mean a mobile and manufactured home as defined in A.R.S. § 41-4001.

51. "Multi-Purpose Premises" means:

a. A facility; and

b. The property surrounding the facility that is owned, leased, or controlled by the applicant or licensee which may include:

i. Residential space utilized separate from the program;

ii. Commercial space, including office or retail space, operated separate from the program; and iii. Community centers available to populations outside of the program.

52. "Neglect" means the same as in A.R.S. § 8-201.

53. "Non-ambulatory child" means a child in care who cannot walk due to a physical disability or impairment, rather than as a result of the child's normal age and developmental level.

54. "Normalcy" means the same as described in A.R.S. § 8-513.

55. "Operating certificate" means a document issued by the Department that authorizes the operation of a facility run by an Agency that is not in the same location as the address listed on the Child Welfare Agency license.

56. "Out-of-home placement" means the placing of a child in the physical custody of an individual or Agency other than with the child's parent or guardian and includes placement in temporary custody under A.R.S. § 8-821 (A) or (B), voluntary placement under A.R.S. § 8-806 or placement due to a dependency action.

57. "Overall time frame" means the same as in A.R.S. § 41-1072.

58. "Person" means a corporation, company, partnership, firm, association or society, as well as a natural person.

59. "Personally identifiable information" means any information that when considered alone or in combination with other information, identifies, or permits another person to readily identify the person who is the subject of the information, and includes:

a. Name, address, and telephone number;

b. Date of birth;

c. Photograph;

d. Fingerprints;

e. Physical description;

f. School;

g. Place of employment; and

h. Unique identifying number, including:

i. Social Security number;

ii. Driver's license number;

iii. Vehicle License number; and

iv. Court case number.

60. "Placing Entity" means an agency authorized by law or contract to place children in a Child Welfare Agency.

61. "Planning participants" means the group of persons listed in R21-7-120 who participate in development and review of a child in care's service plan and discharge plan.

62. "Pool" means the same as in A.A.C. Title 21, Chapter 8, Article 1.

63. "Positive Discipline" means a teaching process through which a child in care learns to develop and maintain the self-control, self-reliance, self-esteem, and orderly conduct necessary to assume responsibilities, make daily living decisions, and live according to generally accepted levels of social behavior.

64. "Premises" means:

a. A facility; and

b. The property surrounding the facility that is owned, leased, or controlled by the applicant or licensee.

65. "Program director" means a person responsible for the development, implementation and supervision of an agency's programs and services that are carried out under the license granted by the Department and who meets the qualifications listed in R21-7-131.

66. "Provisional license" means a temporary license to operate a Child Welfare Agency, issued by the Department for a period of six months or less and is not renewable.

67. "Residential environment" means a facility building or any portion of a facility building that is used for living, sleeping, counseling, dining, or academic purposes.

68. "Residential group care facility" means a Child Welfare Agency licensed to receive children for 24-hour social, emotional, or educational supervised care and maintenance at the request of a child, Child Placing Agency, law enforcement agency, parent, guardian, or court. A residential group care facility provides care in a residential setting for children for an extended period of time and includes facilities described in Article 2 of this Chapter.

69. "Restrictive behavior management" means the same as in A.R.S. § 8-501 and is subject to the limitations in R21-7-227.

70. "Runaway" means that:

a. The responsible agency staff is unaware of a child in care's whereabouts, has made reasonable attempts to locate the child including contacting the child's school, friends, and other places the child may frequent and has no information indicating when the child will return;

b. A child in care has left a facility without the permission of the responsible agency staff; or

c. A child in care has failed to return to a facility at an agreed upon time.

71. "Safeguard" means to take reasonable and developmentally appropriate measures to minimize the risk of harm to a child in care and to ensure that a child in care will not be harmed by a particular object, substance, or activity. Where a specific method is not otherwise prescribed in this Chapter, safeguarding may include:

a. Locking up a particular substance or item;

b. Putting a substance or item beyond the reach of a child in care;

c. Erecting a barrier that prevents a child in care from reaching a particular place, item, or substance;

d. Using protective safety devices;

e. Providing staff supervision; or

f. Providing a child in care age 14 and older with safety information and generalized instruction necessary to promote the safe and appropriate use of potentially dangerous objects.

72. "Service plan" means either a Department Case Plan or a goal-oriented, time-limited individualized program of action developed by an agency in cooperation with a child's planning participants.

73. "Shelter care facility" means a Child Welfare Agency that is licensed to receive children for temporary out-of-home 24-hour social, emotional, or educational supervised care and maintenance at the request of a child, Child Placing Agency, law enforcement agency, parent, guardian, or court. A shelter care facility provides short term care for children.

74. "Significant person" means a person who is important or influential in a child in care's life and may include a family member or close friend.

75. "Site inspection" means a visit to a facility or administrative office for the purpose of evaluation.

76. "Sleeping area" means a single bedroom or a cluster of two or more bedrooms, located in an adjacent area of a facility, a designated space with beds devoted as a bedroom in a barracks, or dormitory.

77. "Staff" means a person engaged full-time or part-time by an Agency including paid employees, consultants, contractors, subcontractors, volunteers, students, interns, and persons otherwise affiliated with the Agency to administer, manage, work, train, or assist at or for an Agency or facility on either a temporary or permanent basis.

78. "Substantial compliance with licensing requirements" means that the nature and number of violations of licensing requirements are not significant and:

a. Do not pose a risk to the life, health, safety, or welfare of a child in care;

b. Do not constitute a pattern of noncompliance or a failure to implement required corrective action; and

c. Are not the result of misrepresentation, falsification, or fraud by the applicant or licensee.

79. "Substantive review time frame" means the same as in A.R.S. § 41-1072.

80. "Threat" means an expression of intent to hurt, destroy, or take action prohibited by this Chapter or the licensee's policies, but does not include an expression of intent to impose a planned consequence for misbehavior if the consequence is not prohibited by this Chapter or the licensee's policies.

81. "Time and temperature control for safety food standards" means a food that requires time and temperature control for safety to limit pathogenic microorganism growth or toxin and conforms to the United States Food and Drug Administration Food Code.

82. "Transitional program" or "Independent living program" means services provided by a residential group care facility to prepare a child in care age 14 and older for adulthood.

83. "Unusual incident" means one or more of the events listed in R21-7-207 involving a child in care on or off the premises.

84. "Workday" means Monday through Friday excluding weekends and Arizona state holidays.

85. "Young adult" means a person less than 21 years of age who signed an extended foster care agreement and eligible for out-of-home placement under A.R.S. § 8-521.02.

Ariz. Admin. Code § R21-7-101

New Section made by final rulemaking at 29 A.A.R. 2231, effective 11/6/2023.