Ariz. Admin. Code § 9-12-202

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

Section R9-12-202 - Residency Agreements

A. Within three calendar days before or at the time of acceptance into a sober living home, an individual requesting to be a resident of the sober living home shall provide proof of sobriety to the manager of the sober living home.

B. A manager shall not accept or retain an individual as a resident of a sober living home if the individual:

1. Is not at least 18 years of age,

2. Cannot provide proof of sobriety, or

3. Needs more support to maintain sobriety than is within the scope of services for the sober living home.

C. Before or at the time of an individual's acceptance by a sober living home, a manager shall ensure that there is a documented residency agreement between the individual and the sober living home that includes:

1. The individual's name;

2. The name and phone number of an emergency point of contact, which may be a family member or another individual designated by the individual;

3. Information about the individual's:

a. Length of sobriety;

b. History of previous recovery activities; and

c. Source of referral to the sober living home, if applicable;

4. Terms of occupancy, including:

a. Date of occupancy or expected date of occupancy,

b. Resident responsibilities, and

c. Responsibilities of the sober living home;

5. The consequences of a loss of sobriety;

6. A description of the room for the individual to occupy;

7. A list of the services to be provided by the sober living home to a resident;

8. The fees to be charged to the individual for residency in the sober living home;

9. A list of the services available from the sober living home at an additional fee or charge and the associated fees or charges;

10. The policy for refunding fees, charges, or deposits;

11. The policy and procedure for a resident to terminate residency, including terminating residency because services were not provided to the resident according to the residency agreement;

12. The policy and procedure for a sober living home to terminate residency;

13. A statement that a resident has a right to file a complaint about the sober living home, manager, or licensee and a description of the complaint process;

14. A statement that a resident is expected to:

a. Comply with the terms of the residency agreement and requirements established for residents according to R9-12-201(B)(2)(a)(iii) or R9-12-201(B)(3)(j);

b. Maintain sobriety; and

c. Participate in activities to improve life skills, support independent living, and promote recovery:

i. Such as a treatment program, a self-help group, or another program to support sobriety and recovery; and

ii. That may include job training, school, or looking for a job;

15. A statement that a sober living home may not require an individual to relinquish the individual's public assistance benefits, such as medical assistance, case assistance, or supplemental nutrition assistance program benefits, as a condition of residency;

16. A statement that a sober living home must notify a family member or other emergency contact of the individual, according to R9-12-201(E)(1), if the individual:

a. Dies while a resident of the sober living home,

b. Has an illness or injury that requires immediate intervention by an emergency medical services provider or treatment by a health care provider,

c. Appears to be incapable of handling financial affairs, or

d. Is not complying with the residency agreement;

17. The name and contact information for the individual or business organization controlling the sober living home;

18. The signature of the individual and the date signed; and

19. The manager's signature and date signed.

D. A manager shall:

1. Before or at the time of an individual's acceptance by a sober living home, provide to the resident or resident's representative a copy of:

a. The residency agreement in subsection (C), and

b. Resident's rights; and

2. Maintain the original of the residency agreement in subsection (C) in the resident's record.

E. A manager may terminate residency of a resident as follows:

1. Without notice, if the resident exhibits behavior that is an immediate threat to the health and safety of the resident or other individuals in a sober living home;

2. With a seven-calendar-day written notice of termination of residency:

a. For nonpayment of fees, charges, or deposit; or

b. Under the conditions in subsection (B)(3); or

3. With a 14-calendar-day written notice of termination of residency, for any other reason.

F. A manager shall ensure that a written notice of termination of residency includes:

1. The date of notice;

2. The reason for termination of residency;

3. If termination of residency is because the resident needs more support to maintain sobriety than is within the scope of services for the sober living home, a description of why the sober living home cannot meet the resident's needs;

4. The policy for refunding fees, charges, or deposits; and

5. The deposition of a resident's fees, charges, and deposits.

Ariz. Admin. Code § R9-12-202

Adopted by final rulemaking at 25 A.A.R. 1419, effective 7/1/2019.