Section R6-5-6501. Definitions

In addition to the definitions in A.R.S. § 8-101, the following defi- nitions apply in this Article and in Articles 66, 70, and 71, unless the context requires otherwise:

1.        “Adoptable child” means a child who is legally available for adoption but who has not been placed for adoption.

2.        “Adoptee” means a child who is the subject of a legal petition for adoption.

3.        “Adoption agency” has the same meaning ascribed to “agency” in A.R.S. § 8-101(2).

4.        “Adoption entity” or “entity” means a person or organiza- tion performing a particular adoption service, and includes an adoption agency and the Department but does

direct placement adoption to the extent allowed by A.R.S.

§ 8-130(C).

5.        “Adoption placement” or “placement” means the act of placing an adoptable child in the home of an adoptive parent who has filed, or who contemplates filing, a peti- tion to adopt the child.

6.        “Adoption services” means activities conducted in fur- therance of an adoption and includes the activities listed in R6-5-6504 and R6-5-7002(B).

7.        “AHCCCS” means the Arizona Health Care Cost Con- tainment System established pursuant to A.R.S. Title 36, Chapter 29.

8.        “AHCCCSA” means the Arizona state government agency which administers the AHCCCS program.

9.        “Birth parent” means the biological mother or father of a child.

10.     “Central Adoption Registry” or “Registry” means the computerized bank of information described in A.R.S. § 8-105(O).

11.     “Certification application” means the form which a pro- spective adoptive parent submits to an adoption entity or to the court to request a certification investigation.

12.     “Certification investigation” means the process referred to in A.R.S. § 8-105(C) by which an adoption entity determines if a prospective adoptive parent is a fit and proper person to adopt.

13.     “Certification order” means a judicial determination that a prospective adoptive parent is a fit and proper person to adopt.

14.     “Certification report” or “adoptive home study” means the written report described in A.R.S. § 8-105(H) in which an adoption entity summarizes the results of a cer- tification investigation and makes a recommendation for or against certification of a prospective adoptive parent.

15.     “Certified adoptive parent” means a person who has been certified as fit and proper to adopt and who is awaiting placement of an adoptable child.

16.     “Child with special needs” means a child who has one of the special needs listed in A.R.S. § 8-141(A)(14).

17.     “Client” means a person who is receiving adoption ser- vices from an adoption entity and includes adoptive chil- dren, adoptive families, adoptive parents, and birth parents.

18.     “CPS” means Child Protective Services, a Department program responsible for investigating reports of child abuse or neglect.

19.     “CPSCR” means the Child Protective Services Central Registry, a computerized data bank of information con- cerning reports of child abuse or neglect, which CPS maintains pursuant to A.R.S. § 8-546.03.

20.     “Department” has the same meaning ascribed to “Divi- sion” in A.R.S. § 8-101(7).

21.     “Developmentally appropriate” means an action which takes into account:

a.        A child’s age and family background;

b.        The predictable changes that occur in a child’s phys- ical, emotional, social, cultural, and cognitive devel- opment; and

c.        The individual child’s pattern and history of growth, personality, and learning style.

22.     “Document” means to make and retain, in a record or file, a written summary of a fact, a contact, a communication, an observation, or an event.

23.     “Final report to the court” means a written report about an investigation which an adoption entity performs pursuant to A.R.S. § 8-112, in which the entity advises the court of the entity’s assessment and recommendations about final- ization of a particular adoption.

24.     “Foster parent” has the same meaning prescribed in A.R.S. § 8-501(A)(5).

25.     “ICPC” means the Interstate Compact on the Placement of Children described in A.R.S. § 8-548.

26.     “ICWA” means the Indian Child Welfare Act described in 25 U.S.C. 1901 et seq.

27.     “License” means a document that the Department issues to an agency authorizing the agency to perform adoption services.

28.     “License applicant” means a person, group, or business entity which seeks to become licensed or to renew a license as an adoption agency.

29.     “Open adoption” means an adoption in which the adop- tive parent and the birth parent agree to a full exchange of personally identifying information and to meet each other at the time of adoption, and to have ongoing written or personal contact with each other in the future.

30.     “Out-of-state agency” means any person who, or business which, is authorized or licensed by a state other than Ari- zona, or a foreign country, to perform adoption services.

31.     “Placed child” means an adoptable child who has been placed with an adoptive parent and the adoptive parent has not yet filed a petition to adopt the child.

32.     “Placement investigation” means the process referred to in A.R.S. § 8-105(F) by which an adoption entity deter- mines if a particular placed child is suitable for adoption by a particular adoptive parent.

33.     “Placement report,” “report to the court on placement of a child,” or “RCPC” means the written report described in

A.R.S. § 8-105(I) in which an adoption entity summa- rizes the results of the placement investigation and makes a recommendation as to whether a particular child is suit- able for adoption by a particular adoptive parent.

34.     “Placement supervision period” or “probationary period” means the time period from the date of adoption place- ment until the court enters a final order of adoption, during which the petitioner has the rights prescribed in

A.R.S. § 8-113(D).

35.     “Prospective adoptive parent” means a person who has applied to an adoption entity to become certified to adopt a child.

36.     “Reasonable fee” means

a.        A fee commensurate with:

i.         The actual cost of providing a specific service or item to a specific individual, or

ii.        The average cost of a service or item if the adoption entity routinely uses an averaging method to determine the cost of a particular ser- vice or item.

b.        A reasonable fee may include reasonable compensa- tion for officers and employees and a reasonable profit margin above actual or averaged costs. As used in this Section, reasonableness is determined as prescribed in R6-5-6503(G).

37.     “Semi-open adoption” means an adoption in which the adoptive parent and the birth parent agree to share some personally identifying information or to have one meeting at the time of adoption and which may include some form of limited communication in the future, such as exchange of annual letters or photographs.

38.     “Social study” or “home study” means the investigation an adoption entity performs, pursuant to A.R.S. § 8-112, after a petition for adoption has been filed.

Historical Note

Adopted effective July 6, 1977 (Supp. 77-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1).