DCS Rules & Rulemaking

Title 21, Chapter 1, Article 5. Substantiation of Report Findings (posted 3-7-2024)

On February 29, 2024, the Department of Child Safety (DCS) filed a Notice of Proposed Rulemaking with the Secretary of State reflecting proposed amendments to rules under Title 21, Chapter 1, Article 5. Substantiation of Report Findings. The proposed amendments in this rulemaking pertain to:

• Updates identified as necessary in the Five-Year-Review Report that the Governor's Regulatory Review Council approved on June 6, 2023.
• Amend Sections to allow the Director of the Department of Child Safety to place a perpetrator on the Central Registry in situations where an Administrative Law Judge finds that there is no probable cause to substantiate an allegation of abuse or neglect, but the Director, upon independent review of the evidence admitted at the administrative hearing found to be true by probable cause standard of proof and substantiates an allegation of abuse or neglect.

Click to view the new Chapter and Articles

The Department does not intend to hold an oral proceeding on these rules unless a written request for one is requested by the close of record. Written requests for an oral proceeding and written comments may be submitted via:

Email: [email protected]
Mail: Department of Child Safety
P.O. Box 6030
Phoenix, AZ 85005

Public comment is open until 5:00 PM, April 29, 2024.

 

Title 21, Chapter 7, Child Welfare Agency Licensing (posted 9-13-2023)

On September 7, 2023, the Department of Child Safety (DCS) filed a Notice of Final Rulemaking with the Secretary of State. With this rulemaking DCS is relocating the rules covering the Department's licensing, regulation and enforcement of standards for child welfare agencies under Title 21 (Child Safety) Chapter 7 (Department of Child Safety - Child Welfare Agency Licensing) that will replace existing rules covering the same subject matter under Title 6 Economic Security (Articles 69 and 74). Additionally, with this rulemaking the Department has made the necessary updates to reflect current DCS practice and to align the rules with current laws. Title 21, Chapter 7 includes the following Articles:

• Article 1. Licensing Requirements for a Child Welfare Agency
• Article 2. Residential Group Care Facilities

The Notice of Final Rulemaking will be published on the Arizona Administrative Register with the Secretary of State on or about September 29, 2023. The rules will become effective on November 6, 2023. To view the published Notice of Final Rulemaking CLICK HERE (available as of 9-29-2023).

Click to view the new Chapter and Articles

Title 21, Chapter 3, Article 2. Receipt and Screening of Communications (posted 7-17-2023)

On July 12, 2023, the Department of Child Safety (DCS) filed a Notice of Final Rulemaking with the Secretary of State reflecting rule amendments under the Centralized Intake Hotline rules. The Notice of Final Rulemaking will be published by the Office of the Secretary of State on or about August 4, 2023. Amendments to these rules are effective on September 10, 2023. To view the published Notice of Final Rulemaking CLICK HERE (available as of 8-4-2023).

Click to View Amended Rules

Title 21, Chapter 7, Child Welfare Agency Licensing (posted 1-6-2023)

Article 1 Licensing Requirements for a Child Welfare Agency

Article 2 Residential Group Care Facilities

On December 23, 2022, the Department of Child Safety (DCS) filed a Notice of Proposed Rulemaking with the Secretary of State. The Department is relocating the rules covering the Department's licensing, regulation and enforcement of standards for child welfare agencies under Title 21 Child Safety that will replace existing rules covering the same subject matter under Title 6 Economic Security (Articles 69 and 74). Additionally, with this rulemaking the Department is making necessary updates to reflect current DCS practice and to align the rules with current laws and statutes.

Click to View Amendments

Public comment is open until 5:00 p.m., February 23, 2023.

The Department is holding the following oral proceedings:

Date: February 22, 2023

Time: 10:00 a.m. to 12:00 p.m.

Location: Phoenix Corporate Center
Lower Level Auditorium
3003 N. Central Avenue
Phoenix, Arizona 85012

And

Date: February 23, 2023

Time: 10:00 a.m. to 12:00 p.m.

Location: MICROSOFT TEAMS
Meeting ID: 230 795 127 388
Passcode: ukhE7C
If you need a local number, get one here. And if you've forgotten the dial-in PIN, you can reset it.
Toll number: +1 480-561-6122
Conference ID: 880 644 792#

Location: Zoom video link: https://zoom.us/j/99311769968?pwd=VDR0d1NhdlBidXh5N3NmWjNVcmo1dz09
Meeting ID: 993 1176 9968
Passcode: kQXa9g

Written comments can be submitted by:
Email: [email protected]
Mail: Department of Child Safety
P.O. Box 6030
Phoenix, AZ 85005

 

Title 21, Chapter 3, Article 2 Receipt and Screening of Communications (posted 12-5-2022)

On November 10, 2022, the Department of Child Safety (DCS) filed a Notice of Proposed Rulemaking with the Secretary of State reflecting proposed amendments to rules under the Centralized Intake Hotline rules. The Five-Year-Review report submitted to the Governor's Regulatory Review Council in 2018 identified necessary updates. The proposed amendments also update the rules so that they align with statutory amendments. Additionally, the proposed amendment includes two rules that address certain conditions whereby DCS is excepted from preparing a report for investigation of alleged abuse or neglect.

Click to View Amendments

Click here to view the Notice of Proposed Rulemaking posted with the Arizona Secretary of State Register.

The Department does not intend to hold an oral proceeding on these rules unless a written request for one is requested by the close of record. Written requests for an oral proceeding and written comments may be submitted via:

Email: [email protected]

Mail:
Department of Child Safety
P.O. Box 6030
Phoenix, AZ 85005

Public comment is open until 5:00 PM, January 10, 2023.

 

Title 21, Chapter 5, Article 4 Adoption Entity Services *FINAL EXPEDITED RULEMAKING

On September 9, 2022, the Department of Child Safety (DCS) filed a Notice of Final Expedited Rulemaking with the Secretary of State to amend rules under the Adoption Entity Services. The Five-Year-Review report submitted to the Governor's Regulatory Review Council in 2020 identified a rule that would benefit from clarification. The amendment in rules aligns timeframes in rules with those in statute. The rules become effective on September 9, 2022.

Click to View Amendments

Title 21, Chapter 8, Article 1 - Life Safety Inspections

On April 7, 2022, the Department of Child Safety (DCS) filed a Notice of Final Rulemaking with the Secretary of State's Office amending rules in Title 21, Chapter 8, Article 1 Life Safety Inspections. This rulemaking amends the rules to make them more clear, concise, and understandable. Amendments to these rules are effective June 6, 2022.

Click to View Revised Rules

Title 21, Chapter 5, Article 4 Adoption Entity Services *EXPEDITED RULEMAKING

On March 31, 2022, the Department of Child Safety (DCS) filed a Notice of Proposed Expedited Rulemaking with the Secretary of State reflecting proposed amendments to rules under the Adoption Entity Services rules. The Five-Year-Review report submitted to the Governor's Regulatory Review Council in 2020 identified a rule that would benefit from clarification.

Click here to view the proposed amendments

The Department does not intend to hold an oral proceeding on these rules unless a written request for one is requested by the close of record. Written requests for an oral proceeding and written comments may be submitted via:

Email: [email protected]

Mail: Department of Child Safety

Office of Legislative Affairs and Codification

P.O. Box 6030

Phoenix, AZ 85005

Public comment is open until 5:00 PM, May 13, 2022.

 

Title 21, Chapter 1, Article 2 - DCS Comprehensive Health Plan *NEW NAME

On October 5, 2021, the Department of Child Safety (DCS) filed a Notice of Final Rulemaking with the Secretary of State's Office amending service delivery for its Comprehensive Health Plan (CHP). This rulemaking integrates physical, dental, and behavioral health services into a single, statewide health plan for all Arizona children in foster care. Amendments to these rules are effective October 5, 2021.

Click to view revised rules

 

Title 21, Chapter 8, Article 1 - Life Safety Inspections

On August 10, 2021, the Department of Child Safety (DCS) filed a Notice of Proposed Rulemaking with the Secretary of State reflecting proposed amendments to rules under the Life Safety Inspection rules. The Five-Year-Review report submitted to the Governor's Regulatory Review Council in 2019 identified rules that would benefit from updates to make them more clear, concise, and understandable.

Click to view the proposed amendments

An oral proceeding is scheduled for October 19, 2021 at 10:00 AM via telephone at: 480-561-6122; enter passcode 497 257 617#

Public comment is open until 5:00 PM, October 19, 2021.

Written comments can be submitted by:

Email: [email protected]

Mail: Department of Child Safety

Office of Legislative Affairs and Codification

P.O. Box 6030

Phoenix, AZ 85005

 

Title 21, Chapter 1, Article 2 - Comprehensive Medical and Dental Program

On March 11, 2021, the Department of Child Safety (DCS) filed a Notice of Proposed Rulemaking with the Secretary of State reflecting proposed amendments to rules under the DCS Comprehensive Medical and Dental Program (CMDP). Amendments are necessary to incorporate behavioral health as part of CMDP’s covered services. Children and youth who are placed in out of home care by DCS will receive behavioral, physical and dental health from its single health plan. Additionally, as of April 1st, CMDP will change to the Department of Child Safety Comprehensive Health Plan (DCS CHP).

Click to view the proposed amendments

An oral proceeding is scheduled for May 4, 2021 at 11:00 AM via telephone at: 480-561-6122; enter passcode 917324979#

Public comment is open until 5:00 PM, May 4, 2021.

Written comments can be submitted by:

Email: [email protected]

Mail: Department of Child Safety

Office of Legislative Affairs and Codification

P.O. Box 6030

Phoenix, AZ 85005

 

Title 21, Chapter 5, Article 2 – Independent Living and Transitional Independent Living Programs

On January 15, 2020, the Department filed a Notice of Final Rulemaking with the Secretary of State's Office reflecting amendments made to R21-5-201 and R21-5-205. The effective date of these rules is March 15, 2020.

Click to view revised rules

 

Public Input on Notice of Proposed Rulemaking on Title 21, Chapter 5, Article 2 Independent Living and Transitional Independent Living Programs

The Governor's Office approved the Department of Child Safety request to work on proposed amendments to rules that pertain to the Independent and Transitional Independent Living Programs. To view the proposed rules, click here.

Public comment is open until 5:00 PM October 16, 2019, on the following rules:/p>

• R21-5-201. Definitions
• R21-5-205 - Services for Foster Youth 18 through 20 Years of Age in Out-of-home Care

Written comments can be submitted by:

Email: [email protected]

Mail: Department of Child Safety

Field Resources and Policy Unit, S/C C010-22

P.O. Box 6030 Phoenix, AZ 85005

Oral Proceedings are scheduled for October 16, 2019 at 10:00 AM at the following locations:

Department of Child Safety

3550 N. Central Avenue, 2nd Floor

Phoenix, AZ 85012

 

Abrams Public Health Center

3950 S. Country Club Rd., Room 3108/3110

Tucson, AZ 85714

 

Americans with Disabilities Act: Persons with disabilities may request reasonable accommodations by contacting the Arizona Department of Child Safety, Angie Trevino, at (602) 255-2569. Please make requests as early as possible to allow time to arrange the accommodation.

 

Public Input on 42 USC 677: John H. Chafee Foster Care Program for Successful Transition To Adulthood

John H. Chafee Foster Care Program for Successful Transition to Adulthood state plan 2020-2024 requires that the State has given all interested members of the public at least 30 days to submit comments on the plan. The Department is requesting that all interested members of the public review and provide feedback on the proposed Arizona State Chafee Plan by June 29, 2019. Please submit your comments to the Permanency & Youth Services mail box at [email protected].

Click here to read document

 

Title 21, Chapter 5, Article 2 - Independent Living and Transitional Independent Living Programs

DCS has completed Emergency Rulemaking pertaining the rules in this Article, specifically to Sections R21-5-201 and R21-5-205.  The changes are effective and published in the Arizona Register.  This Emergency Rulemaking may be reviewed on the Secretary of State’s website via this link (please see pages 771-775) :https://apps.azsos.gov/public_services/register/2019/13/contents.pdf

 

Title 21, Chapter 9, Article 2 - Adoption Agency Licensing Requirements

On November 7, 2018, the Department filed a Notice of Final Rulemaking with the Secretary of State's Office. This rulemaking re-establishes fees for adoption agency initial and renewal applications (R21-9-202 and R21-9-207). The effective date of these rules is January 6, 2019.

Click here to see rules

 

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.