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DCS Rules & Rulemaking
PUBLIC INPUT ON NOTICE OF PROPOSED RULEMAKING ON TITLE 21, CHAPTER 9
ADOPTION AGENCY LICENSING, ARTICLE 2. ADOPTION AGENCY LICENSING REQUIREMENTS
The Governor's Office approved the Department of Child Safety to re-establish fees within Article 2. The fees were initially established under final exempt rulemaking. A.R.S. § 41-1008 states that a fee established under an exempt rule making is effective for two years.
The proposed rules are published by the Secretary of State. (See pages 18-21)
Close of record. Public comment was open until 5 pm Wednesday, May 9, 2018, on the following rules:
R21-9-202. Adoption Agency License; Initial Application Package; Fee
R21-9-207. Application for License Renewal; Fee
Written comments can be submitted by:
Email: [email protected]
Mail: Department of Child Safety
Family Resources and Policy Unit
P.O. Box 6030
Phoenix, AZ 85005
TITLE 21, CHAPTER 8 FACILITY LIFE SAFETY amended rules
On 12/12/17, the Department filed a Notice of Final Rulemaking with the Secretary of State's Office. The effective date of these rules is upon filing.
The Secretary of State will publish the amended rules in the Arizona Register.
Stakeholder Input
Governor’s Executive Order, required state agencies to report no later than September 1, 2017, their efforts made to solicit comments from their respective regulated or stakeholder community on which rules the regulated community believes to be overly burdensome and not necessary to protect consumers, public health, or public safety. In compliance with this Order, the Department of Child Safety (“Department”) announced on the Department’s website that it was seeking public input on the Administrative Rules. The announcement was viewable on the Department’s main web page. The announcement offered the public two methods for providing comments: (See full report)
PUBLIC INPUT
Governor Ducey issued an Executive Order in which he directs state agencies to review and seek input on the Department’s Administrative Rules. The purpose is to determine if there are any current rules that are overly burdensome and not necessary to protect consumers, public health, or public safety.
Per Executive Order 2017-02, DCS is seeking feedback from our regulated or stakeholder community. DCS is taking comments until 5:00 PM, July 31, 2017. Please reference the specific rule citation(s) along with your comment. Comments may be submitted by:
Email: [email protected]
Mail: Department of Child Safety
Attention: Field Resources and Policy Unit
P.O. Box 6030, S/C C010-23
Phoenix, Arizona 85005
The Arizona Department of Child Safety rules are published in the Arizona Administrative Code, Title 21 and found in the Arizona Secretary of State website.
Title 21, Chapter 8 Facility Life Safety Emergency Rules In Effect
On September 29, 2017 the emergency rules were renewed.
On 4/14/16, the Attorney General's Office filed a Notice of Emergency Rulemaking with the Secretary of State's Office. The effective date of these rules is the day after filing. They are effective for 180 days.
The Secretary of State published the Emergency Rules in the Arizona Register on 5/5/17.
http://apps.azsos.gov/public_services/register/2017/18/15_emergency.pdf
PUBLIC INPUT ON SUPPLEMENTAL PROPOSED AMENDMENTS TO TITLE 21, CHAPTER 8, DEPARTMENT OF CHILD SAFETY FOSTER HOME AND CHILD WELFARE AGENCY FACILITY SAFETY
Title 21. Child Safety, Chapter 8, Department of Child Safety Foster Home and Child Welfare Agency Facility Safety
The Governor’s Office approved the Department of Child Safety's request to propose amended rules that pertain to fire and pool safety in foster homes and residential group care facilities. The justification for this regular rulemaking is A.R.S. § 41-1026(A)(1) and (A)(5).
The current rules do not enable homes with a bedroom that leads into a pool enclosure to be licensed as foster homes or residential group care facilities. The Department seeks to amend the rules to permit this circumstance, as long as safeguards are met for applicable state law, county code, or municipal ordinances.
The Department received public comment on the proposed rule changes until December 2016. Public comments suggested additional amendments to the proposed rules. The additional amendments were deemed substantially different from the proposed rules. In accordance with A.R.S. 41-1025, The Department is submitting supplemental proposed rules for public comment.
The supplemental proposed rules are scheduled to be published on May 5, 2017 by the Secretary of State as a Notice of Supplemental Proposed Rulemaking.
http://apps.azsos.gov/public_services/register/2017/18/05_supplemental_proposed.pdf
Close of Record. Public Comment is now closed on the following rules:
R21-8-112 Fire Safety and Evacuation Plan Requirements
R21-8-113 Pool Safety
PUBLIC INPUT ON PROPOSED AMENDMENTS TO TITLE 21, CHAPTER 8, DEPARTMENT OF CHILD SAFETY FOSTER HOME AND CHILD WELFARE AGENCY FACILITY SAFETY
The proposed amended rules pertain to fire and pool safety. The justification for this regular rulemaking is A.R.S. § 41-1026(A)(1) and (A)(5).
Summary of Public Meeting on Title 21, Chapter 8 Proposed Amendments
Public Input; Foster Home Rules, Guidelines and Checklists
HB 2705 signed by Governor Ducey on May 10, 2016, requires the Department of Child Safety to review the implementation, solicit input from foster families, and identify any modifications to the new foster home rules, guidelines and checklists.
Summary of HB 2705 Public Meeting September,2016
New Child Welfare Agency Licensing Rules
The Department of Child Safety has filed a Notice Of Rulemaking Docket Opening with the Secretary of State. The docket is published in the Arizona Administrative Register :
http://apps.azsos.gov/public_services/register/2017/20/19_docket.pdf (page 2)
The Department will begin regular rulemaking for Chapter 7. Department Of Child Safety - Child Welfare Agency Licensing. We will post news about the rulemaking and opportunities for public input.
dcs rules
The Arizona Department of Child Safety rules are published in the Arizona Administrative Code, Title 21. Click on the Chapter titles below to read the full text.
Title 21. CHILD SAFETY:
Chapter 1. Department of Child Safety - Administration
- Article 1. Release of Department Information
- Article 2. Comprehensive Medical and Dental Program
- Article 3. Appeals and Hearing Procedures
- Article 4. Fingerprinting - NEW
- Article 5. Substantiation of Report Findings - NEW
Chapter 2. Reserved for Prevention
Chapter 3. Department of Child Safety - Centralized Intake Hotline
- Article 1. Definitions
- Article 2. Receipt and Screening of Communications
Chapter 4. Department of Child Safety - Response to Reports
- Article 1. Investigations
Chapter 5. Department of Child Safety- Permanency and Support Services
- Article 1. Interstate Compact on the Placement of Children
- Article 2. Independent Living and Transitional Independent Living
- Article 3. Department Adoption Services
- Article 4. Adoption Entity Services
- Article 5. Adoption Subsidy
Chapter 6. Department of Child Safety - Foster Home Licensing
- Article 1. Definitions
- Article 2. Licensing Agency Requirements for Foster Home Licensing Agencies
- Article 3. Licensing Requirements for Foster Parents
- Article 4. Licensing Process for Foster Parents
Chapter 7. Department of Child Safety – Child Welfare Agency Licensing
- Article 1. Definitions and General (Will replace Articles 69 and 74)
- Article 2. Placing Agency Licensing (Will replace Article 69)
- Article 3. Residential Group Care Facilities and Outdoor Experience Programs (Will replace Article 74)
Chapter 8. Department of Child Safety – Foster Home and Child Welfare Agency Facility Safety
- Article 1. Life Safety Inspections
Chapter 9. Department of Child Safety-Adoption Agency Licensing
- Article 1. Definitions
- Article 2. Adoption Agency Licensing Requirements
Existing Rules
Arizona Administrative Code (A.A.C.)
The remaining rules not yet in Title 21, that apply to the Department of Child Safety are located in the Arizona Administrative Code, Title 6, Chapter 5, Articles 69 and 74.
FIVE YEAR REVIEW REPORTS
2017:
Title 21. Department of Child Safety. Chatper 1. Department of Child Safety. Article 1. Release of Department Information
2016:
Title 6. Economic Security
Chapter 5. Social Services
- Article 69. Child Placing Agency Licensing Standards
- Article 74. Licensing Process and Licensing Requirements for Child Welfare Agencies Operating Group Care Facilities and Outdoor Experience Programs
Regulatory Agenda
As required by A.R.S. § 41-1021.02, State Agencies; 2018 DCS Regulatory Agenda
Per A.R.S. § 41-1033 C. "A Person may petition the council to request a review of a final rule based on the person's belief that the final rule does not meet the requirements prescribed in section 41-1030." For more information, please visit the Governor's Regulatory Review Council website: https://grrc.az.gov/
Information and Resources on Rulemaking
For questions or comments on rules, please forward to:
Email: [email protected]
Mail: Department of Child Safety
Attention: Field Resources and Policy Unit
P.O. Box 6030, S/C C010-23
Phoenix, Arizona 85005
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