Ariz. Admin. Code § 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.
Notes
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