Arizona Laws 8-509. Licensing of foster homes; fingerprint waiver; restricted license; renewal of license; provisional license; exemption from licensure; immunization requirements
A. The department shall license and certify foster homes. Licenses are valid for a period of two years.
Terms Used In Arizona Laws 8-509
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- department: means the department of child safety. See Arizona Laws 8-501
- Foster home: means a home that is maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals. See Arizona Laws 8-501
- Foster parent: means any individual or individuals maintaining a foster home. See Arizona Laws 8-501
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Parent: means the natural or adoptive mother or father of a child. See Arizona Laws 8-501
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. The department shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8-503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to Section 41-1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in Section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
C. A kinship foster care parent shall apply for a fingerprint clearance card pursuant to Section 41-1758.07. In its discretion and for good cause, the department may waive the requirement for a kinship foster care parent to obtain a fingerprint clearance card. In evaluating whether good cause exists, the department shall apply the criteria prescribed in Section 41-1758.07, subsections B and C. If the department waives the requirement, the department shall issue to the kinship foster care parent a restricted license that applies only to the children placed with the kinship foster care parent for kinship foster care.
D. The department shall not renew a license without satisfactory proof that the foster parent or parents have completed twelve actual hours of approved ongoing foster parent training during the two-year period of licensure as set forth in section 8-503.
E. If the department determines that completing the training required in subsections B and D of this section would be a hardship to the foster parent or parents, the department may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.
F. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the department. The department shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the department, the agency shall submit an application stating the foster home’s qualifications to the department. The agency may also recommend the types of licensing and certification to be granted to the foster home.
G. The department shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.
H. This section does not apply if the child is placed in a home by a means other than by court order and if the home does not receive compensation from this state or any political subdivision of this state.
I. The department may not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with this state.
J. The department shall not require a foster parent to immunize the foster parent’s natural or adoptive children as a condition of foster home licensure.
K. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the department on a form prescribed by the department. The licensee must specify the new month of renewal on the application. The modified renewal date must be before, but not more than six months earlier than, the existing renewal date.
L. The foster care review board shall review the cases of children placed by the department in foster homes licensed pursuant to this section as required by Section 8-515.03.