Ariz. Admin. Code § 21-9-236

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

Section R21-9-236 - Suspension

A. OLR may suspend an adoption agency's license for violations of the statutes or rules governing adoptions, or for any activity that may threaten the health, safety, or welfare of any adoption agency client, including the following:

1. When the Department receives a report of abuse or neglect alleged to have been committed by adoption agency staff, including a volunteer of intern against a child, and the adoption agency fails to take protective measures pending an investigative finding;

2. Conduct that causes disruption of a placement or adoption;

3. When an adoption agency permits an employee who has failed to comply with fingerprinting requirements or who has been denied fingerprint clearance to continue providing services to children;

4. When an adoption agency refuses to cooperate with OLR requests for information that OLR requires for determining compliance with the statutes and rules governing provision of adoption services;

5. When an adoption agency refuses to provide OLR with information OLR has requested during the course of a complaint investigation; or

6. When an adoption agency fails to correct a problem that resulted in imposition of noncompliance status, within the time provided in the adoption agency's corrective action plan.

B. OLR shall mail the adoption agency written notice of the suspension, the reason for the suspension, and an explanation of the adoption agency's right to appeal the suspension.

C. Except as otherwise provided in subsection (D), an adoption agency may continue to place adoptable children who become available for placement and to finalize adoptions of placed children and adoptees during a period of suspension, but the adoption agency shall not recruit, accept, or register any new birth or adoptive parent.

D. When the Department finds that the physical or emotional health or safety of a client is in imminent danger, the Department may take immediate action to eliminate the danger. For the purpose of this subsection,

1. A situation involving imminent danger are those situations identified in A.R.S. § 8-821(B) that would justify removal of a child;

2. Immediate action may include:

a. Removal of a child,

b. Transfer of a client to another adoption agency, or

c. Other protective action designed to eliminate the danger or risk of harm.

E. If the adoption agency does not correct the situation that led to suspension of its license, OLR shall initiate license revocation proceedings against the adoption agency.

Ariz. Admin. Code § R21-9-236

New section made by exempt rulemaking at 21 A.A.R. 3524, effective 1/24/2016.