Ariz. Admin. Code § 21-4-107

Current through Register Vol. 30, No. 45, November 8, 2024

Section R21-4-107 - Procedures for Temporary Custody

A. Using a uniform safety and risk assessment tool, a DCS Investigator shall determine whether the child can remain safely in the home or needs to be taken into temporary custody of the Department.

B. Before taking temporary custody of a child, the Department shall consider whether the Department may:

1. Help the family obtain resources such as emergency food, shelter, clothing, or utilities, so that the child may safely remain in the home;

2. Enter into an agreement with the child's parent, guardian, or custodian that provides for the alleged abuser to leave the home and for remaining family members to protect the child;

3. Help the protective parent, guardian, or custodian and the child leave the home of the alleged abuser; and

4. Place the child in a voluntary placement agreement as provided in A.R.S. § 8-806.

C. A DCS Investigator shall submit the reasons for temporary custody and the supporting information to a DCS Supervisor and obtain approval from the DCS Supervisor prior to taking temporary custody of a child, except as provided in A.R.S. § 8-822.

D. A DCS Investigator may take a child into temporary custody for a period of not more than 12 hours to have the child examined by a medical doctor or psychologist, if the circumstances indicate that there is reasonable likelihood to believe that a child has suffered serious physical or emotional harm as provided in A.R.S. § 8-821.

E. Under A.R.S. § 8-515.05, a DCS Investigator may remove a foster child from an out-of-home placement on an emergency basis to protect the child from harm or risk of harm without prior notification of the Department's intent to remove.

Ariz. Admin. Code § R21-4-107

New section made by exempt rulemaking at 21 A.A.R. 3252, effective 1/26/2016.