Ariz. Admin. Code § R21-6-414 - Licensing Actions

A. Within the time-frame specified in R21-6-407, OLR shall notify the applicant and the licensing agency of the licensing decision.

B. OLR shall issue a license if OLR determines that an applicant or foster parent is in:

1. Full compliance with all licensing requirements;

2. Substantial compliance with licensing requirements and an approved corrective action plan is in place for violations, as specified under R21-6-416 ; or

3. Substantial compliance based on information currently available if an investigation is pending.

C. OLR may deny, suspend, or revoke a license if an applicant or foster parent:

1. Refuses or fails to provide the licensing agency or OLR with information needed to evaluate compliance with licensing requirements;

2. Misrepresents or falsifies information needed by the licensing agency or OLR to evaluate compliance with licensing requirements;

3. Misrepresents or falsifies information presented by a household member during the licensing process;

4. Is aware of a misrepresentation or falsification of the information presented by the household member during the licensing process;

5. Refuses or fails to substantially comply with licensing requirements, Arizona or federal laws, or local codes or ordinances;

6. Refuses or fails to carry out a required corrective action plan to correct a violation;

7. Has been denied a certificate or license to provide care to a foster child or vulnerable adult, unless the denial was based on failure to complete the process according to a required time-frame;

8. Has had a certificate or license to provide care to a foster child or vulnerable adult denied, suspended, or revoked;

9. Has a household member that refuses to cooperate with the licensing process;

10. Lives in a home in which a fingerprint clearance card meeting Level One requirements for a foster parent and an adult household member has been suspended, denied, or revoked;

11. Lives in a home in which an allegation of child abuse or neglect has been substantiated against a household member; or

12. The foster parent moves to a different residence without first notifying the licensing agency.

D. OLR may initiate an adverse licensing action if OLR concludes that:

1. A violation of licensing requirements is not correctable;

2. A violation of licensing requirements poses a risk to the health, safety, or well-being of a child;

3. A foster parent has a history or pattern of similar violations with licensing requirements; or

4. A violation is ongoing and continuing.

E. If OLR takes an adverse licensing action, OLR shall send a dated notice of the action to:

1. The applicant or foster parent by certified mail,

2. The licensing agency, and

3. The Child Placing Agency for each child placed with the foster parent or applicant at the time of the action.

F. The notification for an adverse licensing action shall specify:

1. The effective date of the adverse action;

2. The facts upon which the adverse action is based;

3. The law or rule violation that is the basis of the adverse action; and

4. The time-frame and process for the applicant or foster parent to appeal the adverse action, including:

a. The form approved by DCS to appeal the adverse action, and

b. The procedure for the applicant or foster parent to request an appeal of the adverse action.

G. In the event of an adverse licensing action, and until there is final resolution of the matter:

1. The foster parent shall not:

a. Receive new placements;

b. Accept additional foster children;

c. Provide short-term care as described under R21-6-306 or respite care;

2. A Child Placing Agency shall not place additional foster children with the foster parents; and

3. The Child Placing Agency may remove a current foster child from the home if, in the judgment of the Child Placing Agency, there is reasonable belief of a risk to the health, safety, or well-being of the child.

H. In the event of a license revocation, the adverse action shall be effective:

1. On the 26th day after the foster parent's receipt of the revocation notice; or

2. On the date that an administrative hearing officer or appeals board issues a written decision affirming the revocation, if the foster parent appeals the revocation.

I. An applicant or foster parent may voluntarily withdraw the application for licensure or close the license at any time by submitting written notice to the licensing agency and OLR, using the form approved by OLR.

1. If the foster parent voluntarily withdraws an application or closes a license while in good standing, the applicant or foster parent may re-apply for a license.

2. A license is not in good standing, and the licensing authority shall deny a re-application, if the foster parent withdrew or closed a license:

a. Before the completion of a corrective action, or with the knowledge that a corrective action plan was pending if the closure was to avoid compliance with the corrective action plan;

b. Before the completion of an investigation or inquiry; or

c. When a DCS investigation of child abuse or neglect is pending.

Notes

Ariz. Admin. Code § R21-6-414

New section made by exempt rulemaking at 21 A.A.R. 3480, effective 1/24/2016.