Ariz. Admin. Code § 6-5-6907

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-5-6907 - Standards for Licensing and Operating a Child Placing Agency

A. Requirements for the staff of a Child Placing Agency

1. Executive Director. The Agency Board shall select an Executive Director.

a. If the Executive Director is not directly involved in supervising child placing activities, the Director shall at least have a Bachelor's degree in a field related to social work such as administration, psychology, education or other allied profession, as well as demonstrated satisfactory experience in the area of service provided by the agency.

b. If the Executive Director directly supervises child placing activities, he shall have a Master's degree in Social Work or at least a Bachelor's degree and a minimum of three years of experience in child welfare services in a certified or licensed family or child welfare agency.

2. Casework supervisor. The casework supervisor shall possess above average ability in casework practice and have knowledge of and skills applicable to casework supervision. The supervisor shall have a Bachelor's degree and at least three years of casework experience in a licensed family or child welfare agency.

3. Social worker. A person shall have a Master of Social Work degree from an accredited school of social work.

4. Caseworker. A caseworker shall have a Bachelor's degree from a university or college and have training and/or experience in the field of behavioral science.

5. Office staff. The agency shall have sufficient clerical services to keep correspondence, records, bookkeeping, and files current and in good order.

6. Consultants

a. The agency shall have a consulting Licensed Medical Practitioner who makes recommendations as to the medical aspects of the agency program, coordinates medical care for selected children, and advises staff regarding the health problems of specific children.

b. Psychiatric, psychological and legal consultation and/or services shall be available to the agency.

B. Requirements for the organization of a Child Placing Agency

1. Type of organization. A Child Placing Agency shall be maintained by the state, or a political subdivision thereof, a person, firm, corporation, association, or organization.

2. Incorporation

a. Incorporated Child Placing Agencies shall provide the Department with a copy of the Articles of Incorporation and Bylaws and the Certificate of Incorporation issued by the Arizona Corporation Commission.

b. The purpose for which the agency is incorporated shall be stated in its Articles of Incorporation and the agency shall not enter any other fields of service than those provided in its Articles of Incorporation.

3. Board of Directors

a. All Child Placing agencies shall have a Board of Directors. The Department shall be provided a current list of all Board members, their address and office held.

b. Persons employed by or who receive compensation from a group care agency (see Title 6, Chapter 5, Article 74) may not be Board members of a Child Placing Agency due to a possible conflict of interest.

c. The Board of Directors shall:

i. Assume responsibility, jointly with the Executive Director, for formulating the plans and policies of the Child Placing Agency.

ii. Keep sufficiently informed through Board meetings and though the reports of its Executive Director and committees to ensure that the agency fulfills all of its functions in the best interest of the children.

iii. Meet at least quarterly. Its executive committee shall meet as needed.

iv. Keep minutes of each meeting which shall be made a permanent part of the records of the Child Placing Agency.

v. Refrain from direct administration or operation of the Child Placing Agency, either through individual members or committees, except in emergencies.

vi. Select and employ an Executive Director to whom the responsibility for administration of the agency shall be delegated and, when necessary, terminate such employment.

vii. Require and approve the Child Placing Agency's annual program and financial reports.

d. The Board of Directors should be composed of adult residents who have a genuine interest in child welfare, concern for social conditions in the community, and reflect equitably the ethnic and economic standing of the population served. The Board members should have sufficient time to discharge their obligations and have a variety of interests, talents and points of view so that no single group or profession will have a controlling voice.

e. The names, addresses and offices held of all members of the Board of Directors shall be currently filed with the Department. All changes in composition of the Board of Directors or Officers of the Child Placing Agency must be reported to the Department in writing within 30 days of a change.

f. Provision should be made for replacement of members who become inactive for six months. Terms for Board members shall be overlapping and election of one-third of the Board membership annually is recommended to ensure continuity of policy, as well as the introduction of new and changing points of view. Administrators and staff of the Child Placing Agencies shall not be members of the Board of Directors. Agencies which do not have overlapping terms or which currently have administrators or staff members on their Board of Directors will have one year from the date of issuance of these standards to bring their Board of Directors into compliance.

4. Financing

a. Requirement for sufficient funding. The agency must furnish evidence that it has sufficient funds to pay all start-up and operating costs through the year of operation for which a license may be issued.

b. Budget and financial records

i. Child Placing Agency shall operate on a budget which has been approved by its governing board before the beginning of the fiscal year.

ii. A Child Placing Agency must maintain financial records of all receipts, disbursements, assets, and liabilities for at least three years. These records should be available for inspection by the Department upon request.

c. Solicitation of funds from the public. Each Child Placing Agency shall comply with all local and state laws relating to the solicitation of funds.

5. Operations manual. Each agency shall compile an operations manual. It shall be available to all agency staff members, and all staff members shall be familiar with the contents. It shall contain:

a. The overall philosophy, which guides the agency's services.

b. A statement of the primary purpose, services, and goals of the agency.

c. A chart of organizational structure.

d. The agency's intake policies and procedures.

e. The manual of the agency's governing board.

f. The operational procedures, which guide the delivery of the agency's services.

g. Copies of the agency's forms.

6. Records and reports

a. Files. Case records and financial records shall be kept in a locked, fire-resistant file. Access to records shall be limited to the staff who have need for the data, and to authorized representatives of the Department.

b. Case records

i. The agency shall maintain up-to-date, confidential and well-organized case records. Each child's record should indicate, from the point of admission to discharge, the service plan and the progress of the child.

ii. Records shall include the current information needed to provide services, make service plans, and evaluate each child.

iii. The case record should be divided into sections for easy reference, with the material filed under the following headings, as appropriate:

(1) Intake -- intake study, including referral material from other agencies, court, or referral sources;

(2) Legal -- specific verified information relative to the status of the child's legal guardianship and custody. Statements, agreements, and consents signed by parent(s) or guardian(s) pertaining to the child's placement, financial responsibility, and other data required for protection of the child;

(3) Medical -- medical history, including immunizations, physical defects, significant developmental history, illnesses, and hospital care and/or operations. Medical releases and/or authorizations for treatment or medical care, including the names of medical personnel involved. Records of all prescription medications consumed;

(4) Dental -- date of examinations, etc.;

(5) Psychological -- reports of psychological and/or psychiatric evaluations and examinations;

(6) Progress -- periodic (not less than every three months) evaluation of the child's progress, adjustment, development and future plans and goals.

(7) School -- school records indicating attendance and scholastic achievement;

(8) Correspondence -- letters received or sent concerning the child;

(9) Each record shall have a face sheet listing the following information which shall be kept up-to-date;

(a) Full name of child, including aliases;

(b) Date and place of birth (verified);

(c) Sex;

(d) Religion and race;

(e) Names, addresses of parents and siblings;

(f) Names, addresses and relationships of other responsible persons;

(g) Date referred to the agency;

(h) Date service was terminated;

(i) Other pertinent identifying information.

c. Reports

i. Each agency shall maintain and report accurate statistics on children receiving services, and staff employed, on forms provided for that purpose by the Department. These reports shall include:

(1) Form FC-005, "Foster Child Placement, Replacement and Discharge Central Registry Form," which must be submitted within five working days of the date action is taken.

(2) Form LC-008, "Child Welfare Agency Employee Central Registry," which must be submitted within five days of employment or discharge.

ii. The Child Placing Agency shall report to the Department any planned change of address, change in program, or other change which significantly affects the services provided. The Department shall be notified 30 days prior to any planned changes.

C. Requirements for the personnel of a Child Placing Agency

1. Personnel practices. An agency shall employ an individual only after careful evaluation of the applicant which will include references as to character, skills, knowledge, and experience.

2. Personnel policies. The agency shall maintain a manual of all personnel policies and procedures including job descriptions and all personnel forms. The written statement of personnel policies outlining personnel practices as they affect both employer and employee should include:

a. The conditions of employment and the conditions under which employment may be terminated.

b. Salary scales.

c. Provision for sick leave, time off, and paid vacation.

d. Information regarding employment benefits, such as retirement and insurance plans.

e. Provision for periodic assessment of work performance.

f. Provision for staff development through in-service training.

3. Personnel records

a. A personnel record shall be maintained for each employee. This shall include identifying and qualifying information; such as, references, previous work history and education, date of employment and evaluation.

b. When employees resign, retire, or are discharged, the date and reason for termination shall be recorded.

D. Placement services

1. Foster care

a. Types of homes

i. Boarding Home. A Boarding Home provides temporary or permanent care and compensation to the foster parents for room and board. These Boarding Homes may be either Regular or Special Foster Homes.

ii. Free home. A free home provides temporary or permanent care without compensation other than special needs.

iii. Work and Wage Home

(1) Work and Wage Homes are those in which the child's duties within the home constitute reimbursement for room and board and for which the child may be paid an additional wage. These homes shall be used only as a resource for mature and well adjusted children from 16 to 18 years with good work skills. The Child Placing Agency shall prepare a written statement to be signed by the agency, foster parents and child which will clearly define:

(a) The amount of work required; and

(b) The remuneration the child is to receive and by whom; and

(c) The work schedule which shall permit the child time for school attendance, study, recreation, and other normal activities for a child in this age group.

(2) The Department shall not place adjudicated dependent children in Work and Wage Homes.

b. Foster care placement procedures

i. The agency shall follow the preplacement procedures set forth in A.R.S. § 8-511.

ii. Following the preplacement procedures out lined in A.R.S. § 8-511, if it is determined that the child should be placed in foster care, the agency shall provide appropriate counseling services to the child and his parents to prepare them for the placement.

(1) If the family does not explain the reason for placement and prepare the child for this experience, the representative of the Child Placing Agency should do so.

(2) The representative of the Child Placing Agency should explain the foster home program to the parents.

iii. When a child is placed in foster care, the Child Placing Agency shall comply with the requirements and procedures set forth in A.R.S. § 8-514(B) and (C).

2. Adoption. If authorized in its license to place children for adoption, the agency shall comply with all laws (including but not limited to A.R.S. Title 8, Chapter 1, Article 1) regarding the investigation of potential adoptive parent and the adoption of children. The agency shall comply with the requirements of the following rules of the Department:

a. Title 6, Chapter 5, Article 65, Adoption Placement;

b. Title 6, Chapter 5, Article 66, Adoption Study;

c. Title 6, Chapter 5, Article 67, Adoption Subsidy; and

d. Title 6, Chapter 6, Article 68, Relinquishment and Severance Services.

3. Parents

a. When there are social and/or emotional problems regarding the pregnancy, social services shall be given in accordance with the needs of mother during pregnancy and to help her with plans for her rehabilitation after delivery.

b. Unless inappropriate, the father shall be involved in planning for the mother and child.

c. Services to unmarried parents may also include establishing paternity and shall include making suitable plans for the child.

E. Supervision

1. The licensed Child Placing Agency shall supervise:

a. All children placed by the agency in foster homes; and

b. All foster homes where children are placed by the agency.

2. The licensed Child Placing Agency's representative shall:

a. Visit Receiving Foster Homes at least once per month;

b. Visit Regular and Special Foster Homes at least once every three months; and

c. Prepare written reports of the visits.

3. A Child Placing Agency may allow a child to participate in activities and functions generally accepted as usual or normal for his/her age group. Permission for a child to participate in activities shall be given in accordance with A.R.S. § 8-513.

4. Following the initial placement, the child placed in a setting other than that of his parent's home shall have medical examinations at periodic intervals, and not less than once every year.

F. Foster home studies

1. The study. Child Placing Agencies that wish to submit foster homes for licensing shall conduct an investigation of the foster home, meeting the standards established by the Department in Title 6, Chapter 5, Article 58, Family Foster Home Licensing Standards.

2. Fingerprints. Foster parent applicants and members of the household, 18 years of age or older, must be fingerprinted, and the fingerprints submitted to the Department for a criminal records check.

3. Demonstration of health

a. The potential foster care application, prior to licensing, shall furnish a report of a physical examination, done within the last six months, demonstrating that the person has good health and is free from any communicable disease.

b. Prior to licensing, children of the foster care applicant shall have current immunizations as prescribed by the Arizona Department of Health Services.

4. Sanitation inspection. The Child Placing Agency shall request the local or state health department to conduct a sanitation inspection of the prospective foster home prior to licensing.

5. Licensing. If the foster home meets all requirements set by the Department, the Child Placing Agency shall submit an application stating the foster home's qualifications to the Department. The Child Placing Agency may also recommend the types of licensing and certification to be granted to the foster home. The Department shall review the foster home study, and issue a license for the foster home if all licensing standards have been met.

6. License renewal. Foster home license renewal is required annually by the Department.

7. Homes exempt from licensing by the Department. When a child is placed in a home by a means other than by a court order, and when the home receives no compensation from the state or any political subdivision of the state, licensing by the Department is not required.

G. Requirements of physical plant and equipment

1. Offices

a. There should be sufficient office space for interviewing children and families and for supervisory conferences.

b. The Child Placing Agency shall comply with any building, health, fire or other codes in effect in the jurisdiction where it is located.

2. Fire protection. All Child Placing Agencies shall have a written fire evacuation plan posted and should conduct fire drills at least every six months.

3. Telephone. There shall be telephone service in the Child Placing Agency.

4. Vehicle(s). The vehicle(s) for transporting children shall be in a safe operating condition and all drivers shall have a current driver's license. Persons who frequently transport children as a part of their employment shall have a chauffeur's license.

5. Insurance

a. The Child Placing Agency shall provide for insurance coverage for adequate protection against accidents.

b. Insurance coverage must include liability insurance to cover acts of children or staff, and protection against damages to, or loss of, buildings and other valuable properties.

c. There shall be liability insurance on all vehicles transporting children.

Ariz. Admin. Code § R6-5-6907

Adopted effective August 31, 1978 (Supp. 78-4).