DCS Rules & Rulemaking

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:

• 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.