Ariz. Admin. Code § 21-7-220

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

Section R21-7-220 - Visitation; Mail; Internet Usage; Phones

The licensee shall have a written policy and procedure that conforms to the requirements of this Section and this Chapter, regarding visitation, mail, phone calls, internet use, and other forms of communication between a child in care and the child's family, friends, and other persons.

1. The licensee shall keep a record of all persons who visit a child in care.

2. The licensee shall allow a child reasonable privacy during a visit unless the child's service plan requires supervised visitation.

3. The licensee shall have facility visiting hours that meet the need of a child and the child's parents, caregivers, family members, and approved friends and acquaintances.

4. The licensee shall not deny, monitor, record, or restrict a child's communication with the Department or child's social worker, attorney, Court Appointed Special Advocate, guardian ad litem, or clergy.

5. The licensee shall not deny, monitor, or restrict communications between a child and the child's parent, guardian, or friends except as follows:

a. By court order;

b. When the child's service plan contains specific and time limited treatment reasons for the restriction;

c. At the direction of the child's Child Safety Worker, or if not in the custody of the Department, the Placing Entity; or

d. As agreed upon by the parent or guardian with the licensee if the child in care is not in the custody of the Department and there is no Placing Entity.

6. The licensee shall allow a child access to electronic communication including texting, phone, video chatting, and email except as follows:

a. By court order;

b. When the child's service plan contains specific and time limited treatment reasons for the restriction;

c. If not in conflict with either of the above, at the direction of the child's Child Safety Worker or the Placing Entity; or

d. As agreed upon by the parent or guardian with the licensee if the child in care is not in the custody of the Department and there is no Placing Entity.

7. The licensee shall ensure a child in care has internet access to complete school work, obtain employment, or for the use of current employment. Any other internet activity may require approval from the Placing Entity, or if there is no Placing Entity, parent or guardian.

8. The licensee may require a child in care to open mail in the presence of staff in order to inspect the mail for contraband with documented approval from the Placing Entity, or if there is no Placing Entity, parent or guardian.

9. When the licensee is monitoring a communication as permitted in subsection (5), the licensee shall inform the parties to the communication about the monitoring.

Ariz. Admin. Code § R21-7-220

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