Ariz. Admin. Code § R21-9-231 - Adoption Fees; Reasonableness

A. An adoption agency shall not charge a client more than a reasonable fee for services.

B. An adoption agency shall establish, maintain, and follow a written policy on the fees it charges a client for adoption services. The fee policy shall include all of the adoption agency's practices and procedures regarding fees, including the following:

1. A schedule of fees the adoption agency charges for each specific service the adoption agency offers, and the time in the adoption process when the client is required to pay the fee, broken down, at a minimum, as follows:

a. Preregistration and registration fees,

b. Application and orientation fees,

c. Certification application fee,

d. Certification investigation,

e. Certification report,

f. Certification renewal fees,

g. Placement services,

h. Placement investigation and report,

i. Foreign adoption services,

j. Post-placement services,

k. Fees incurred when a child has special needs, and

l. Twins or sibling placements;

2. An explanation of any practice the adoption agency may have for assessing fees based on pooled or averaged costs;

3. An explanation of the circumstances or conditions that would cause the adoption agency to reduce, waive, suspend, or refund a fee, which circumstances may include:

a. Adjustment made for the well-being of an adoptive child, and

b. Adjustments made to accommodate an adoptive parent's limited ability to pay;

4. An explanation of the circumstances that would cause the adoption agency to increase its fees; and

5. The procedures the adoption agency follows to collect its fees.

C. An adoption agency shall advise prospective and existing clients of its fee policy and shall make a copy of the policy available to clients upon request.

D. An adoption agency shall not:

1. Condition a client's eligibility for, or receipt of, adoption services on the client's donation or agreement to donate money, goods, services, or other things of value, other than the regular scheduled adoption fees, to the adoption agency or to an adoption agency affiliate;

2. Obstruct or withhold finalization of a placement or adoption solely for nonpayment of fees;

3. Charge a client for any fee, which the adoption agency has not listed in the fee schedule, included in its fee policy, and disclosed to the client in the client's fee agreement letter;

4. Charge a prospective adoptive parent advance fees contrary to R21-5-403(D) ; or

5. Charge a prospective adoptive parent for a service not rendered.

E. OLR may audit, or designate a certified public accountant to audit, an adoption agency's fee structure.

F. The adoption agency shall provide OLR and the adoption agency's current adult clients with a copy of any changes made to the adoption agency's fee policy, no less than 14 days prior to the effective date of the change.

G. An adoption agency shall refund to a client any fees the client paid for services the adoption agency failed to perform. Against any such refund, the adoption agency may offset any amount due from the client for services the adoption agency has performed and for which the client agreed to pay but has not paid.

Notes

Ariz. Admin. Code § R21-9-231

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