What Every Parent Should Know About Child Protection Services: How To Sue CPS In Federal Court

Friday, July 12, 2024

Identifying Methamphetamine Exposure in Children

Authors:

Marisol S Castaneto

DOD Food Analysis and Diagnostic Laboratory

Allan Barnes

Quest Diagnostics Nichols Institute

Karl B Scheidweiler

National Institutes of Health

Michael Schaffer

Abstract

Methamphetamine (MAMP) use, distribution, and manufacture remain a serious public health and safety problem in the United States, and children environmentally exposed to MAMP face a myriad of developmental, social, and health risks, including severe abuse and neglect necessitating child protection involvement. It is recommended that drug-endangered children receive medical evaluation and care with documentation of overall physical and mental conditions and have urine drug testing. The primary aim of this study was to determine the best biological matrix to detect MAMP, amphetamine (AMP), methylenedioxymethamphetamine (MDMA), methylenedioxyamphetamine (MDA), and 3,4-methylenedioxyethylamphetamine (MDEA) in environmentally exposed children. Ninety-one children, environmentally exposed to household MAMP intake, were medically evaluated at the Child and Adolescent Abuse Resource and Evaluation Diagnostic and Treatment Center at the University of California, Davis Children's Hospital. MAMP, AMP, MDMA, MDA, and MDEA were quantified in urine and oral fluid (OF) by gas chromatography mass spectrometry and in hair by liquid chromatography tandem mass spectrometry. Overall drug detection rates in OF, urine, and hair were 6.9%, 22.1%, and 77.8%, respectively. Seventy children (79%) tested positive for 1 or more drugs in 1 or more matrices. MAMP was the primary analyte detected in all 3 biological matrices. All positive OF (n = 5), and 18 of 19 positive urine specimens also had a positive hair test. Hair analysis offered a more sensitive tool for identifying MAMP, AMP, and MDMA environmental exposure in children than urine or OF testing. A negative urine or hair test does not exclude the possibility of drug exposure, but hair testing provided the greatest sensitivity for identifying drug-exposed children.

https://www.researchgate.net/publication/258829045_Identifying_Methamphetamine_Exposure_in_Children

Tuesday, July 2, 2024

Attention: Find A Safe Haven Is All Over The Country Now

Find A Safe Haven

US Safe Haven Laws allow a parent to anonymously surrender their unharmed infant to a designated Safe Haven provider within a specific time after birth.

For immediate assistance, call or text our 24/7 Hotline: 1-888-510-BABY(2229) In case of emergency, call 911.

DCS GLOSSARY

Abandonment or Abandoned

The failure of a parent to provide reasonable support and to maintain regular contact with the child,

including providing normal supervision. Abandoned/Abandonment includes a judicial finding that a

parent has made only minimal efforts to support and communicate with the child. Failure to maintain

a normal parental relationship with the child without just cause for a period of six months constitutes

prima facie evidence of abandonment [ARS §8-201(1)].

Abuse

Infliction or allowing of physical injury, impairment of bodily function or disfigurement, or the infliction

of or allowing another person to cause serious emotional damage as evidenced by severe anxiety,

depression withdrawal or untoward aggressive behavior and which emotional damage is diagnosed

by a medical doctor or psychologist and is caused by the acts or omission of an individual having care,

custody and control of a child [ARS §8-201(2)] Abuse includes: a) inflicting or allowing sexual abuse

(ARS §13-1404) sexual conduct with a minor (ARS §13-1405) sexual assault (ARS §13-1406) molestation

of a child (ARS §13-1410) commercial sexual exploitation of a minor (ARS §13-3552) sexual exploitation

of a minor (ARS §13-3553) incest (ARS §13-3608) child prostitution (ARS §13-3212) b) physical injury

that results from permitting a child to enter or remain in any structure or vehicle in which volatile,

toxic or flammable chemical are found or equipment is possessed by any person for the purpose

of manufacturing a dangerous drug as defined in ARS § 13-3401. c) unreasonable confinement of a

child. A child, who in good faith, is being furnished Christian Science treatment by a duly accredited

practitioner shall not, for that reason alone, be considered to be an abused child. [ARS §8-201.01(1)]

A child whose parent, guardian or custodian refuses to put the child on a psychiatric medication or

questions the use of a psychiatric medication shall not be considered an abused child for that reason

alone. [ARS §8-201.01(2)]

Acquired Immune Deficiency Syndrome (AIDS)

A disorder in which a person’s immune system is severely suppressed. It is caused by the HIV virus.

AIDS is only one of the severe manifestations of HIV infection. It is not a disease, but a syndrome

consisting of a specific complex of symptoms defined by the Centers for Disease Control.

Administrative Case Review

The formal consideration of the status of a child in out-of-home placement. This occurs every six months

and is generated and presided over by either the Foster Care Review Board (FCRB) or Department

personnel. The latter occurs only when the FCRB cannot schedule its review in conformance with

federal guidelines.

Adoption Certification

A judicial determination that a prospective adoptive parent is a fit and proper person to adopt.

Adoption Subsidy

A grant provided to a child with special needs which has been applied for through the Department.

[ARS §8-41 (A)(1)]

Adoption Subsidy Agreement

A written agreement between adoptive parents and the Department that identifies special needs of the

child for which maintenance payments and/or medical services will be provided by the Department.

Adoption Subsidy Review Committee

A group of three or more members appointed by the Program Administrator to review all adoption

subsidy cases for appropriateness of documentation and compliance with regulations.

Adoptive Parents

Any adult or adults who are residents of Arizona, whether married, unmarried or legally separated, who

qualify to adopt children or have adopted children

Adult

A person 18 years of age or older

Adult Court

The appropriate justice court, municipal court or criminal division of the superior court that has

jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections

8-327 and 13-501. [ARS §8-201(4)]

Advocate

To represent the interests of the family with community agencies to participate removing barriers and

obtaining services to meet identified needs

Agency

Any organization which provides services; this includes but is not limited to state, private nonprofit, and

private for-profit organizations

AHCCCS (pronounced “Access”)

The Arizona Health Care Cost Containment System which administers Title XIX medical services for the

State of Arizona. The state Department that administers the Arizona Medicaid Program, a managed

care system for low income adults and children. AHCCCS distributes federal Title XIX funds for mental

health and substance abuse, through the Regional Behavioral Health Authorities (RBHA); it distributes

federal dollars for other medical services through the health plans, including Comprehensive Medical

and Dental Program (CMDP).

AHCCCS Hospital Reimbursement System

The payment structure used by the Arizona Health Care Cost Containment System to pay for inpatient

hospital admissions and outpatient hospital services.

AHCCCS Mental Health Policy Manual

The document published by AHCCCS which defines the policies and procedures applicable to Title XIX

mental health and substance abuse services that the AHCCCS health plans, including the Department’s

Comprehensive Medical and Dental Program, and the Regional Behavioral Health Authorities must

comply with and that are not in conflict with

Alleged Abusive Parent

The individual about whom the allegation of abuse, neglect, abandonment or exploitation of a child

was made

Alleged Guardian

The individual about whom the allegation of abuse, neglect, abandonment or exploitation of a child

was made

Alternative Method of Compliance

The Department, in consultation with the Attorney General’s Office, may forgo compliance with a

licensing standard required by Department rules, and not otherwise required by law, if it is found to be

in the best interests of a particular foster child to be placed in a particular home. The purpose of the

standard must be otherwise fulfilled

Any Combination of Special Needs

Children for whom the combination of circumstances rather than the severity of any one problem is the

barrier to permanent placement

Approved Adoptive Family

A family who has been certified by the court or approved by an authorized entity as acceptable to

adopt a child

Approved Relative Adoptive Family

An individual(s) who is related to the child to be adopted by the whole or half-blood or by marriage

or adoption and is the spouse of the natural or legal parent of the child to be adopted or is the adult

sibling, aunt, uncle or grandparent; is assessed by the Department as acceptable to adopt a child; and

capable of meeting the childs placement needs.

Arizona Department of Education Exceptional Student Services (ADE/ESS)

The state agency which oversees special education programs and issues educational vouchers.

Arizona Department of Health Services (ADHS or DHS)

The state Department mandated to serve the public health needs of all Arizona residents.

Authorized Representative

A person designated by the Department or an agency to perform specific, identifiable work activities

and functions

Behavior Management

Services that primarily involve supervision and direction of the individual, but may also include services

related to activities of daily living and household services incidental to, and consistent with, the

behavioral health needs of the individual.

Behavioral Health Coordinator/ CMDP

The designated person in CMDP who is responsible for the coordination of referrals to the RBHAs, prior

authorization for non-Title XIX authorized inpatient hospital and inpatient psychiatric facility services,

authorization of non-Title XIX covered psychiatric services and authorization of out of state behavioral

health services for CMDP enrolled children.

Behavioral Health Group Home (HGH)

A group care facility which is licensed as a Level III behavioral health facility by ADHS. The HGH

provides a supportive, protective environment, with 24 hour supervision. Services are provided

to improve or stabilize the child’s behavioral health and prevent placement in a more restrictive

environment. The HGH will arrange for and support off-site educational services.

Case

A report regarding a child or family that is assigned for investigation or a child or family unit receiving

services from DCS

Case Conference

A documented meeting between DCS and at least one other person. Case conferences may be more

frequent and informal than case plan staffings

Case Management

The planning and coordination of all services to a client by an individual who, working with members

of a service team, provides assessment, identifies and obtains services, monitors, evaluates, records

progress and terminates services in accordance with established time frames.

Case Notes

A CHILDS window used to document case activity, primarily contact between Department staff and

other persons associated with a case.

Case Opening

The date upon which a case is assigned for initial investigation.

Case Plan

A written document which is a separate and distinct part of the case record. It identifies the

permanency goal and target date, desired outcomes, tasks, time frames, and responsible parties. The

case manager is responsible for the development and implementation of the case plan in consultation

with the family and service team.

Case Plan Staffing

A documented meeting arranged for the purpose of sharing information, the development and/or

review of the case plan, and the evaluation of services and case progress. The staffing includes the case

manager, the family and members of the service team.

Case Record

The Department’s official collection of information regarding a client or family and the services

provided. This may include, but is not limited to, case notes, social histories, staffing minutes, medical,

psychological and educational information, legal documents, correspondence and DES forms. The case

record includes an electronic and hard copy record.

Centers for Medicare and Medicaid Services (CMS)

An agency of the U.S. Department of Health and Human Services, which provides technical assistance,

disburses Title XIX funds, and monitors AHCCCS for compliance with federal regulations.

Central Registry

A confidential registry of substantiated reports of child abuse and neglect (ARS §8-804).

Centralized Intake Hotline

The Department shall operate a statewide Centralized Intake “Hotline” 24 hours a day, seven days a

week, to protect children by receiving incoming communications/referrals concerning suspected child

abuse or neglect. The Hotline encompasses a toll-free telephone number and an electronic reporting

service, specifically for the purpose of accepting communications regarding suspected child abuse or

neglect.

Child

An individual who is under 18 years of age.

Child Abuse Prevention (CAP) Fund

The CAP Fund was established by the legislature in 1982 to promote child abuse and neglect

prevention. Utilizing a Request for Proposal process, CAP Fund dollars are used to contract with

community agencies to provide child abuse and neglect services to children and families.

Child Care

The provision of substitute care for a child during a portion of a day, on an ongoing basis.

Child Welfare Agency

Any agency or institution maintained by a person, firm, corporation, association or organization to

receive children for care and maintenance; any institution that provides care for unmarried mothers

and their children; any agency maintained by the state, or a political subdivision thereof, person, firm,

corporation, association, or organization to place children or unmarried mothers in a foster home. This

does not include state operated institutions or facilities, detention facilities for children established by

law, health care institutions that are licensed by the Department of Health Services pursuant to title 36,

chapter 4 or private agencies that exclusively provide children with social enrichment or recreational

opportunities and that do not use restrictive behavior management techniques.

CHILDS

The Children’s Information Library and Data Source is DCS’s’ automated child welfare record

keeping system.

CHILDS Adoption Registry

Preplacement information on children legally free for adoption, children partially free for adoption,

children who have a plan of adoption and are to be placed out-of-state and children who are to be

placed in a foster-adoptive home.

CHILDS Provider (Adoption) Registry

A registration maintained by the Department consisting of currently certified adoptive home studies.

Client

A person who receives services from the Department. May also be referred to as a Participant

in CHILDS

Clinical Case Management Team

The interdisciplinary team of professionals who are responsible for providing continuous treatment and

support to children/clients with serious mental illnesses and for locating, accessing, and monitoring the

provision of mental health services. The clinical case management team shall consist of a psychiatrist,

case manager, and other mental health professionals as needed, based on the eligible person’s need

for medically necessary services.

Communication

A telephone, fax or letter contact with the Child Abuse Hotline which may or maynot be a report of

child abuse and neglect, a request for services or information sharing.

Communication Agreement

A written agreement, approved by the court, regarding communication with a child adoptee, the

adoptive parents and a birth parent.

Community Advisor

An individual who serves as a role-model, mentor and part of the young adult’s support system. The

community advisor assigned to each young adult provides encouragement, social and emotional

support and offers the young adult a link with the community.

Compact

The Interstate Compact on the Placement of Children.

Compact Administrator

The Department employee who shall be general coordinator of activities under the Compact in the

State jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power

to promulgate rules and regulations to carry out more effectively the terms and provisions of the

Compact.

Compact State

All states, the U.S. Virgin Islands, the Commonwealth of Puerto Rico and the District of Columbia.

Complaint Management

A method or technique for settling disagreements or disputes among individuals of agencies.

Comprehensive Medical And Dental Program (CMDP)

The AHCCCS health plan under DCS which provides medical and dental services for children in out-ofhome care.

Concurrent Case Planning

Actively implementing the case plan goal while also actively pursuing an alternative plan including

adoption or legal guardianship for children in out-of-home care through a Voluntary Foster Placement

Agreement or dependency action.

Concurrent Permanency Planning

A planned set of activities implemented to ensure that potential alternate caregivers are available and

prepared to care for a child on a permanent basis if the prognosis of achieving family reunification is

unlikely to occur within 12 months of the child’s initial removal.

Conditions

For the purpose of a Special Needs Adoption, means a physical, mental or developmental disability

that existed prior to the finalization of the adoption.

Consent to Place a Child for Adoption

A document that, once signed by the parent, gives the Arizona Department of Economic Security

permission to place a specific child for adoption and is irrevocable unless obtained by fraud, duress or

undue influence. See also, relinquishment

Contact

Face-to-face meetings, telephone calls, correspondence and any other means of communication

between case participants and associates, providers, Department staff, service team members, and any

other person regarding the case.

Contact and Visitation Plan

The arrangement for providing contact between a child in out-of-home placement and his parent/

caregiver, siblings, family members, other relatives, and other significant persons such as friends and

former foster parents. This is accomplished as a cooperative effort among these persons, the case

manager, the out-of-home care provider and the child, if age appropriate.

Continuity of Care

The provision of services with minimal or no interruption of time, provider, location, or modality, as

appropriate for the welfare of the DCS eligible child/client, including transitioning that person between

service categories or mental health systems.

Contract Personnel

Individuals employed by contract providers to deliver services under the terms of the contract.

Contract Provider

Any private agency, institution, public agency or vendor which has executed an agreement with the

Department to furnish services for monetary reimbursement.

Counseling

Professional guidance of a nonmedical nature which assists individuals and families in dealing with a

wide range of personal, situational and functional problems.

Court

The Juvenile Division of the Superior Court

Courtesy Supervision

Supervision by a receiving district for a child who is placed outside of his or her home district.

Criminal Conduct Allegation

An allegation of conduct by a parent, guardian, custodian of a child or adult member of the child

victim’s household, that if true, would constitute any of the following: a) A violation of section 13-3623

involving child abuse. b) A felony offense that constitutes domestic violence as defined in section

13-3601. c) A violation of section 13-1404 or 13-1406 involving a minor. d) A violation of section 1405,

13-1410 or 13-1417. e) Any other act of abuse that is classified as a felony. f) an offense that constitutes

domestic violence as defined in section 13-3601 and that involves a minor who is a victim or was in

imminent danger during the domestic violence

Cross Over CYPM

1. Youth between the ages of 8-17 involved in the delinquency system that are subsequently referred

to the Department of Child Safety, who fall within the definition of child abuse and/or neglect

2. Youth who have an open DCS case (services only, voluntary foster care, in-home intervention/

dependency or out of home dependency) and are subsequently referred to the juvenile court for an

alleged delinquency, whether placed in diversion or referred for court involvement

Custodian

A person, other than a parent or legal guardian, who stands in loco parentis (a person who has been

treated as a parent by a child and who has formed a meaningful parental relationship with a child for a

substantial period of time) to the child or a person to whom legal custody of the child has been given

by order of a court of competent jurisdiction [ARS §8-201(8)].

DCS

The Department of Child Safety

DCS Information

Includes all information the Department gathers during the course of a an investigation, from the time a

report is opened and until the report/case is closed. DCS information does not include information that

is contained in child welfare agency licensing records. [ARS §8-807(U)(1)]

DCS Specialist

A person who has been selected by and trained under the requirements prescribed by the Department

and who assists in carrying out the provisions of child safety services. [ARS §8-801(1)]

DDD

The Division of Developmental Disabilities, Department of Economic Security

Delay of Placement

Placement of a child in an adoptive home more than 90 days after the Home Study Case Conference

resulting in the identification of the placement

Delinquency Hearing

A proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent

act as set forth in a petition. [ARS §8-201(9)]

Delinquent Act

An act by a juvenile that if committed by an adult would be a criminal offense or a petty offense,

a violation of any law of this state, or of another state if the act occurred in that state, or a law of

the United States, or a violation of any law that can only be violated by a minor and that has been

designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this

state defining crime. Delinquent act does not include an offense under section 13-501, subsequent A

or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded

for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense. [ARS

§8-201(10)]

Denial of License

The act of refusing to issue a license to an applicant.

Department

The Arizona Department of Child Safety (DCS)

Dependency Petition

The formal legal petition requesting the Court to adjudicate a child dependent

Dependent Child

A child who is adjudicated one or more of the following: · in need of proper and effective parental care

and control and has no parent or guardian, or one who has no parent or guardian willing to exercise

or capable of exercising such care and control. · destitute or who is not provided with the necessities

of life, including adequate food, clothing, shelter or medical care, or whose home is unfit for him by

reason of abuse, neglect, cruelty or depravity by either of his parents, his guardian or other person

having his custody or care. · under the age of 8 years who is found to have committed an act that would

result in adjudication as a delinquent or incorrigible child if the act was committed by an older child. ·

Incompetent or not restorable to competency and who is alleged to have committed a serious offense

as defined in Section 13-604. [Applies to delinquent children under ARS § 8-201(11)] A dependent

child does not include a child who in good faith is being furnished Christian Science treatment by a

duly accredited practitioner if none of the circumstances described above exists. [ARS §8-201(13),

ARS §8-201.01(1)] A child whose parent, guardian or custodian refuses to put the child on a psychiatric

medication or questions the use of a psychiatric medication shall not be considered a dependent child

for that reason alone[ARS §8-201.01(2)]

DES

The Arizona Department of Economic Security.

DES Fee Schedule

Allowable amounts established by the Department to pay for the provision of medical, dental,

psychological and psychiatric care for client children.

Detention

The temporary confinement of a juvenile who requires secure care in a physically restricting facility that

is completely surrounded by a locked and physically secure barrier with restricted ingress and egress

for the protection of the juvenile or the community pending court disposition or as a condition of

probation. [ARS §8-201(14)]

Detoxification Services

Treatment services that are provided to reduce physical dependence on alcohol, drugs or other

substances through the use of therapeutic procedures, including medications, rest, diet, counseling or

medical supervision.

Developmental Disability

Either a strongly demonstrated potential that a child under the age of six years is developmentally

disabled or will become developmentally disabled, as determined by a test performed pursuant to

ARS §36-694 or by other appropriate tests, or a severe, chronic disability which is: •attributable to

mental retardation, cerebral palsy, epilepsy, or autism; •manifested before age 18; •likely to continue

indefinitely; •results in substantial functional limitations in three or more of the following areas of major

life activity: ■Self-care ■Receptive and expressive language ■Learning ■Mobility ■Self-direction ■Capacity

for independent living ■Economic self-sufficiency •reflects the need for a combination and sequence of

individually planned or coordinated special, interdisciplinary or generic care, treatment or other services

which are lifelong or extended in duration. [ARS §36-551(15)]

Disposition

Policy Upon receipt of a Department of Child Safety (DCS) report by a local office, a DCS Program

Supervisor, OCWI Manager, or other designated staff acting in a supervisor role shall assign one of the

following dispositions: •Field investigation; •Field Investigation Unknown Report; or •No jurisdiction.

Dually Adjudicated Child

A child who is found to be dependent or temporarily subject to court jurisdiction pending an

adjudication of a dependency petition and who is alleged or found to have committed a delinquent or

incorrigible act.

Educational Voucher

The mechanism for transferring funds for a child’s education from the state’s public school system to

an approved private school in a residential facility (RTC). Vouchers cover funding for both special and

nonspecial education.

Electronic Record

Maintained in CHILDS and includes window data and electronically created documents.

Eligibility

The requirements an individual or family must meet to receive services funded by the Department.

Eligible Person(s)

An individual or family who meets all the requirements for receiving a service

Emergency Intervention

Services provided in coordination by the Department to protect a child who is at imminent risk of

maltreatment.

Emotional Disturbance

A condition which impedes the ordinary developmental progress of the child as defined by accepted

psychiatric or psychological standards and as diagnosed by one or more psychiatrists or psychologists

approved by the Department. [ARS §8-141(A)(7)]

Entity

The Department of Child Safety, Department of Juvenile Corrections or a Child Welfare Agency that

has been granted legal care, custody and control of a child by order of the juvenile court and that is

responsible for securing inpatient psychiatric acute care services or residential treatment services for

a child. Entity includes a probation Department or juvenile detention center that either recommends

or is ordered by the court to provide inpatient psychiatric acute care services or residential treatment

services for a child.

EPSDT

A 1972 amendment to Title XIX (Medicaid) requiring screening, diagnostic, and treatment services at

periodic intervals and as medically necessary to be offered, upon request, to all eligible children. A

1989 amendment to Title XIX expanded EPSDT to include additional medical services, mental health

and substance abuse services.

Evaluation

A study of a home for an identified purpose which describes family members, the home and

community, and relates its findings and recommendations to the needs of the child or children for who

the study is requested.

Explain (CHILDS)

A CHILDS window function that allows for narrative entry for further details.

Exploitation

Use of a child by a parent, guardian or custodian for material gain which may include forcing the child to

panhandle, steal or perform other illegal activities.

Family

Persons, including at least one child, related by blood or law, or who are legal guardians of a child, or

who reside in the same household. Where persons related by blood or law do not reside in the same

household and where adults other than spouses reside together, each may be considered a separate

family when it is to the benefit of the child. Family includes both parents regardless of whether they are

living together for case planning purposes.

Family Care Provider

Any person providing out-of-home care in a family home. Includes relatives, significant persons and

licensed foster homes.

Family Care Settings

Includes relative, significant person/other, family foster home, and treatment foster homes.

Family Foster Home

A home 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 [ARS §8-501(A)(4)].

Family Functioning Assessment (Investigation)

The assessment and management of child safety is initiated during the initial contact with the family

and is continued throughout the investigation. The purpose of the Family Functioning Assessment is to

gather sufficient and relevant information to make an informed decision about whether the child is safe

or unsafe. The Family Functioning Assessment and analysis of information guides the DCS Specialist’s

decisions about the child’s safety and what, if any, actions should be taken to protect the child

Family Group Foster Home

A family foster care facility licensed for placement of more than five minor children but not more than

ten minor children.

Family Preservation Services (Federal funds)

Family Preservation services are directed to reduce risk factors and stabilize a family unit in response

to a crisis event when there is significant risk to the family. These services include an intensive level of

intervention to successfully meet the crisis needs of the family or to reunify children who are in nonpermanent placement. The services are provided through contracts with private providers.

Family Support Services (Federal funds)

Family Support Services are preventative services provided on a proactive basis to improve the well

being of families, enhance family functioning, and foster a sense of self reliance. The services are

provided through contracts with private providers.

Field Investigation Unknown Report

Disposition a report as Field Investigation Unknown Report when the family name is unknown but

there is other identifying information, such as an address or location. The DCS Specialist or OCWI

Investigator is required to respond to the DCS report based on the information provided and within the

report response time frame. When the name of the family is determined, search CHILDS to determine

if the family already has a history with DCS. •If there is a case history or a case ID for the family, the

DCS Program Supervisor will link the current report to the existing case and change the disposition

to Field Investigation. •If there is no case history or case ID for the family, the DCS Specialist or OCWI

Investigator will update all unknown participants with their correct names and identifying information,

and the DCS Program Supervisor or OCWI Manager will create a new case and change the disposition

to Field Investigation.

Findings

Result of an investigation stated as proposed substantiated, proposed substantiated pending

dependency adjudication, proposed substantiated perpetrator unknown, proposed substantiated

perpetrator deceased, unable to locate, or unsubstantiated.

Fiscal Year

The period of time from July 1st through June 30th.

Foster-Adoptive Placement

The placement of a child whose case plan goal is adoption and who is not legally free for adoption,

in a home of a family that is certified as acceptable to adopt and licensed as a foster home by the

Department.

Foster Care

Alternative care for children in non-parent relative placements, family foster homes, group homes or

child welfare agencies. See also Out-Of-Home Care.

Foster Care Facility

A setting licensed to provide out-of-home care to children, including licensed relative placements,

foster homes, group homes and child welfare agencies.

Foster Care Provider

Any person or agency licensed to provide out-of-home care for children.

Foster Child

A child placed in a foster home or child welfare agency. [ARS §501(A)(3)]

Foster Parent

Any adult individual or individuals maintaining a licensed foster home. [ARS §8-501(A)(5)]

Foster Parent Adoption

The adoption of a child by his or her current foster parents who became certified to adopt after the

child was placed in the home for foster care purposes

Foster/Adoptive Applicant

A person who requests consideration as a prospective foster or adoptive parent by completing the

required application forms. Foster Care licensing includes both spouses of the adult household, if

caregivers are married.

Group Care Setting

A licensed, agency-administered group home, therapeutic group home, residential treatment center

(RTC) or mobile program.

Group Home

A group care facility that provides 24 Hour supervision within a group setting. Therapeutic services are

generally provided off site.

Guardian

A person who has qualified as a guardian of a minor pursuant to testamentary or court appointment,

but excludes one who is merely a guardian ad litem. [ARS §14-5201 et seq. and ARS §8-531(9)]

Guardian-Ad-Litem (GAL)

A person appointed by the court to protect the interest of a minor or an incompetent person in a

particular case before the court. [ARS 8-531(7)]

Guardianship

With respect to a minor, means the duty and authority to make important decisions in matters affecting

the minor including but not necessarily limited either in number or kind to: a) The authority to consent

to marriage, to enlistment in the armed forces of the United States and to major medical, psychiatric

and surgical treatment, to represent the minor in legal actions, and to make other decisions concerning

the child of substantial legal significance. b) The authority and duty of reasonable visitation, except to

the extent that such right of visitation has been limited by court order. c) The rights and responsibilities

of legal custody, except where legal custody has been vested in another individual or in an authorized

agency. d) When the parent-child relationship has been terminated by judicial decree with respect

to the parents, or only living parent, or when there is no living parent, the authority to consent to the

adoption of the child and to make any other decision concerning the child which the childs parents

could make. [ARS §8-531(8)]

Hard Copy Record

A paper file that is maintained at the local office and includes: Documents generated outside DCS;

Documents that require signatures from individuals outside DCS; and Hard Copy forms not maintained

electronically.

Health Professional

A person who is certified or licensed pursuant to section 32-3201. Health professionals include

physicians and nurses.

Health Professional for Substantiation of SEN or FAS/FAE

While the legal definition of “health profession” includes many different profession associated with the

healthcare industry, CPS will accept a SEN determination or FAS/FAW diagnosis only from the following

health professional -Physicians/Surgeons; -Nurse Practitioners; or -Physician Assistants acting under the

direction of a Physician/Surgeon

Health Service Provider

A practitioner licensed by the State of Arizona or other state to provide physical or mental health

services, or others approved by the Department as having the appropriate credentials to carry out the

service, practicing within the scope of such credentials.

Healthy Families Arizona

Healthy Families Arizona (HFAz) is a community-based, multi-disciplinary program serving families of

newborns, and is designed to reduce stress, enhance family functioning, promote child development,

and minimize the incidence of abuse and neglect within a multi-cultural environment. Family Support

Specialists visit new parents in their home anywhere from weekly to quarterly according to their level of

need. Participation may continue until the child reaches five years of age.

High Risk of Physical or Mental Disease

A potentially debilitating condition, as defined by accepted standards of the health service profession,

as certified by one or more health service providers approved by the Department. [ARS §8-141(A)(9)]

High Risk of Severe Emotional Disturbance if Removed from the Care of Foster Parents or Relatives

The development of significant emotional ties to the foster family as documented by the child’s case

manager and as diagnosed by a psychiatrist or psychologist approved by the Department [ARS §8-

141(A)(10)]. These ties include: · Identification of the child as a member of the foster family or relative

family · Identification by the foster family or relative family of the child as belonging to that family ·

The likelihood that the child will not establish significant emotional ties to another family if denied

permanent placement with the foster family, or relative family. [ARS § 8-141(A)(8)]

HIV

Is the acronym for human immunodeficiency virus. This is the name for the virus which causes AIDS.

The virus causes a deficiency in the human immune system, the body’s natural defense against disease.

HIV progressively damages the immune system and leaves its victims unable to fight off even small

infections.

HIV Positive

Means that a blood test has indicated the presence of antibodies to the HIV virus. This means that at

some point the person has been infected with the virus and the immune system has responded by

producing antibodies. People who have the antibody but are otherwise asymptomatic for AIDS are

referred to as “HIV positive only”. This condition does not inevitably begin a progression to AIDS,

although it may. These people are capable of transmitting the virus through high risk behaviors.

HIV/AIDS Field Representative

the person in each district designated to be a resource person regarding HIV/AIDS issues. This person

is to be included in all decisions regarding HIV/AIDS testing, should be made aware of test results, and

should be consulted regarding placement of children who are HIV positive or diagnosed with AIDS.

HIV/AIDS Risk Factors

Are those behaviors and/or reasons that put an individual at risk for contracting the AIDS virus: a.

Voluntary risk behaviors i. The sharing of needles and syringes (“works”) for the purpose of intravenous

drug use since 1978. ii. Unprotected sexual activities with single or multiple partners who are infected

or whose HIV status is unknown. b. Non-behaviorial reasons that put an individual at risk i. Children of

mothers who are infected and/or whose mothers engaged in high risk behaviors ii. Children and youth

who have been involuntary sex partners (victims of sexual assault, rape, sexual abuse, etc.) of individuals

who are infected. iii. Hemophiliacs, because of their need for transfusions or blood products; the risk to

this population, however, has been greatly reduced since the testing of all blood and blood products

was instituted in March, 1985.

HLCI

The High Level Client Index Number. A unique identification number assigned to each participant in

CHILDS who is the recipient of a service.

Home Management Tasks

Training and/or instruction in activities related to routine household maintenance and family

functioning.

Impending Danger

An observable family condition or specific behavior, emotion, attitude, perception or situation that may

not be occurring now in the present, but is likely to occur within the next 30 days and will likely result in

serious or severe harm to a child

In-Home Intervention

A program of services provided while the child is still in the custody of the parent, guardian or

custodian. (ARS §8-891)

In-Home Placement

The placement of a child in the home of the child’s parent or legal guardian.

In-Home Respite Care

Respite care provided by a licensed foster parent in a home that is not that individual’s own home.

In-Home Voluntary Child Protective Services Case

A case in which all children remain within the family home while the Department provides services and

in which a dependency petition has not been filed.

Incoming Communication

Verbal, written, or in-person contact to Child Protective Services.

Incorrigible Child

A child who is: a) Is adjudicated as a child who refuses to obey the reasonable and proper order

or directions of a parent, guardian or custodian and who is beyond the control of that person. b) Is

habitually truant from school as defined in section 15-803, subsection C. c) Is a runaway from the childs

home or parent, guardian or custodian. d) Habitually behaves in such a manner as to injure or endanger

the morals or health of self or others. e) Commits any act constituting an offense that can only be

committed by a minor and that is not designated as a delinquent act. f) Fails to obey any lawful order of

a court of competent jurisdiction given in a non-criminal action. [ARS §8-201(15)]

Independent Living Services Program

An array of services that prepare young adults for attaining independence and self-sufficiency in the

community.

Independent Living Subsidy

A program for young adults in foster care which offers them the opportunity to experience community

living while still receiving services from the Department. This placement option, authorized by ARS §§8-

845(A)(8) and 8-521, serves dependent youth 17 years of age and older and young adults who remain in

care voluntarily after age 18.

Individual Service Plan

A specific plan developed by the RBHA case manager and the clinical case management team, with the

participation of the DES case manager, to identify and facilitate appropriate mental health services for

a DES eligible child. It must include treatment goals, specific services and units of delivery, service cost,

anticipated time frames, and identified providers. The ISP will be incorporated as the mental health

portion of the child welfare case plan and is subject to authorization and approval as required.

Individuals with Disabilities Education Act (IDEA)

A federal law which mandates a free appropriate public education in the least restrictive environment

for children with disabilities. It outlines services and procedural safeguards for children needing special

education.

Infant

A child under the age of one year.

Information and Referral

An incoming communication without sufficient identifying information or content to constitute a report.

Information is given, and/or an individual is directed to an appropriate resource.

Initial Report

Information as entered on the CHILDS Case Management Information System pertaining to a particular

report, up to the point of disposition.

Initial Response

An action by CPS to determine whether a child, who is or may be a victim of abuse or neglect, is

currently safe. The initial response is determined by the highest assigned Response Time.

Inpatient Assessment

includes all of the following: a.the observation of a child’s behavior while the child is in an inpatient

assessment facility. b.psychological or psychiatric testing, if indicated. c.a determination as to whether

a child needs inpatient psychiatric acute care services and whether inpatient psychiatric acute care

services are the least restrictive available alternative. d.the administration of psychotropic medication

and medication monitoring, if necessary to complete the assessment or to prevent the child from being

a danger to self or others. e.a written report that summarizes the results of an inpatient assessment,

including specific recommendations for follow-up care. f.a psychiatric or psychological assessment,

including a clinical interview with a child. g.an explanation to a child of the least restrictive alternatives

available to meet the child’s mental health needs. h.a determination as to whether the child may be

suffering from a mental disorder, is a danger to self or others or is persistently or acutely disabled or

gravely disabled as defined in section 36-501. i.a review of a child’s medical, social and psychological

records, if available.

Inpatient Assessment Facility

Refer to Psychiatric acute care facility.

Inquiry Form

A pre-application form given to prospective applicants that compiles information used to evaluate the

prospective applicants interest, commitment and desire to make application to adopt or foster children

through DES.

Intake

The initial process of screening, receiving, investigating and recording information for the purpose of

determining risk to children and the need for protection and services.

Intensive Family Services (Arizona Family Preservation Services)

Intensive Family Services (also known as AFPS) is a program that provides services to families whose

children are at immediate risk of foster care placement due to abuse or neglect. The program uses

a crisis intervention approach providing a range of intensive, behaviorally-oriented services such as

counseling, family therapy, communication skills, and parent education services in the family’s own

home. The services are provided through contracts with private providers.

Intensive Treatment Program

Treatment services that are outlined in a child’s individual treatment plan and that provide planned,

structured and coordinated therapeutic goals

Interested Parties

A person granted the right to notice of and participation in any review or hearing concerning the child,

the right to review all pleadings, and the right to receive reports submitted to the court by the case

manager.

Intergovernmental Agreement/Interagency Service Agreement

A written contract between two separate agencies or departments, obligating designated employees

of the agencies/departments to follow specified procedures, standards, roles, and duties for a specified

time. These collaborative documents are reviewed and refined by legal representatives of both

departments/agencies and are signed by the administrators of those departments/agencies.

Interstate Placement

Any movement of a child from one state to another state for the purpose of establishing a suitable

living environment and providing necessary care

Investigation

The process by which allegations of abuse or neglect, abandonment or exploitation are either found

proposed substantiated, proposed substantiated pending dependency adjudication, proposed

substantiated perpetrator unknown, proposed substantiated perpetrator deceased, unable to locate,

or unsubstantiated. The process includes determining: • the nature, extent and cause of any condition

which would tend to support or refute the allegation that the child should be adjudicated dependent;

•the name, age and condition of other children in the home; and •whether any child is in need of

protective services Investigation/Safety Assessment Process: Gathering information to assess current

risk to a child which includes, but is not limited to: · Review of prior CPS reports/other records · Worker’s

observation(s) and/or assessment · Face-to-face and/or phone interviews · Collateral sources which

may be persons or documents · Documentation of the process, review and approval by the CPS Unit

Supervisor

Juvenile Court

The juvenile division of the superior court when exercising its jurisdiction over children in any

proceedings relating to delinquency, dependency or incorrigibility. [ARS §8-201(17); ARS 8-531(9)]

Kinship Care

means the full time care of a child, who is in the care, custody and control of the Department, who is

placed with a kinship foster caregiver.

Kinship Foster Caregiver

means an adult relative or person who has a significant relationship with a child, who is caring for a

child, who is under the care custody and control of the Department. A relative means grandparent;

great grandparent; brother or sister; aunt or uncle; or cousin.

Law Enforcement Officer

A peace officer, sheriff, deputy sheriff, municipal police officer or constable. [ARS § 8-201(18)]

Least Restrictive Environment (LRE)

That setting which offers the most family-like atmosphere which is compatible with the needs of the

child.

Legal Custody

A status embodying all the following rights and responsibilities: a) The right to have physical possession

of the child. b) The right and the duty to protect, train and discipline the child. c) The responsibility to

provide the child with adequate food, clothing, shelter, education and medical care, provided that such

rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of

the guardian of the person and subject to the residual parental rights and responsibilities if they have

not been terminated by judicial decree. [ARS §531(5)]

Legal Father

A man who was married to the mother of a child at the time of the child’s birth or who was married to

the child’s mother any time in the ten months immediately preceding such birth.

Legally Free

A child who is eligible for adoption because all legal parents or guardians have either consented to

adoption, had their parental rights terminated by the court, or died.

Level of Supervision

The degree of monitoring and directing required based upon the age, level of maturity, and the special

needs of the child as agreed upon by the child’s case manager and the care provider. The “level of

supervision” required can range from being left alone for short periods of time to a need for the child

to have constant monitoring and direction.

Level One Behavioral Health Facility

A behavioral health service agency that is licensed by the Department of Health Services and that

provides a structured treatment setting with twenty-four hour a day supervision and an intensive

treatment program

License

A document issued by the Department confirming that the applicant(s) have met the standards for the

provision of foster care or group care and are authorized to conduct specified services.

Licensed Family Foster Parent

means a person or persons licensed under A.A.C. R5-6-5801 et. seq., Family Foster Parent Licensing

Requirements, to provide care for up to five children who are in the care, custody and control of the

Department.

Licensed Family Group Foster Parent

means a person or persons licensed under A.A.C. R5-6-5901 et. seq., Group Foster Home Licensing

Standards, to provide care for more than five children but not more than ten children who are in the

care, custody and control of the Department.

Licensing Specialist

A person designated by the Department or an agency to perform specific work activities and functions

related to licensing, supervision, support, and monitoring of foster or group care homes.

Locked (Secured) Residential Treatment Center

A residential treatment center, Level I facility, licensed to care for children and provide behavioral health

services, on a 24 hour basis, which utilizes secure settings or mechanical restraints. A court order for

inpatient treatment is required for placement of a dependent child within such a facility.

Loco Parentis

A person who has been treated as a parent by a child and who has formed a meaningful parental

relationship with a child for a substantial period of time

Maintenance Payments

Monthly money payments for the cost of care and supervision of the foster child, or monthly money

payments for the extra time and expense of caring for a special needs child on Adoption Subsidy.

Maltreatment

Abuse, neglect, exploitation, or abandonment of a child.

Mandated Reporter

An individual who is required to report child abuse or neglect under ARS §13-3620.

Medical Identification Card

The card issued by the Contract Provider for use in the purchase of all covered services.

Medical Need or Chronic Illness Means

An inherent, long-lasting severe physical or mental condition which often interferes with daily

functioning and/or requires special attention and on-going medical, surgical or psychiatric care.

Medically Necessary

Under the statutory limitation of the Adoption Subsidy Program, medically necessary services are

provided to prevent the progression of disease, disability and other adverse health conditions identified

on the subsidy agreement, which are provided by a qualified service provider within the scope of his/

her practice under state law or certification, whichever is applicable.

Medication Adjustment and Monitoring

Medication review for adjustment and/or continuing treatment for an individual, as performed by a

qualified professional, including Physician, Nurse Practitioner, Physician’s Assistant, or Registered Nurse

who is licensed in accordance with A.A.C. Title 20.

Mental Disability

A lifelong condition which is characterized by impaired intellectual development and impedes the

ability to function independently. [ARS §8-141(A)(11)]

Mental Health Standards

Standards established by AHCCCS, Department of Human Services, federal law, state statutes and rules

and any subsequent amendments, defining the policies and procedures applicable to Title XIX mental

health and substance abuse services.

Mitigate

Specific circumstances that may allow for a slower response in a standard response time for Risk Level 1,

2, and 3 reports.

Mobile Program

A group care facility that provides 24 hour care, and which is situated in and utilizes the outdoors to

provide a recreational and educational opportunity in group living

Monitor

The process of reviewing service providers for compliance with requirements.

Multidisciplinary Case Consultation Teams (MDT)

A team of professionals which may include, but is not limited to, a physician, psychologist, law

enforcement representative, assistant attorney general and district program manager or designee.

This group meets regarding selected cases with the assigned case manager, supervisor, other service

team members and the family, as appropriate. The purpose is to share information and to assess and

diagnose particularly complex and difficult case situations in order to make recommendations regarding

the development or review of a case plan.

Native American Child

A child who is a member of, or eligible for membership in a tribe, as defined by the tribe.

Near Fatality

Means an act that, as certified by a physician, including the child’s treating physician places a child in

serious or critical condition. [ARS 8-807(T)(2)]

Need to Know

Refers to the need for a person to know the HIV status of a child and is based on direct responsibility or

accountability for care of the child, or involvement in an activity directly related to the child.

Neglect or Neglected

The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with

supervision, food, clothing, shelter or medical care if that inability or unwillingness causes unreasonable

risk of harm to the child’s health or welfare, except if the inability of a parent or guardian to provide

services to meet the needs of a child with a disability or chronic illness is solely the result of the

unavailability of reasonable services.[ARS §§8-201(22)]. A child, who in good faith, is being furnished

Christian Science treatment by a duly accredited practitioner shall not, for that reason alone, be

considered to be a neglected child. [ARS §8-201.01(1)] A child whose parent, guardian or custodian

refuses to put the child on a psychiatric medication or questions the use of a psychiatric medication

shall not be considered a neglected child for that reason alone. [ARS §8-201.01(2)] Permitting a child

to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found

or equipment is possessed by any person for the purposes of manufacturing a dangerous drug as

defined in section 13-3401. A determination by a health professional that a newborn infant was exposed

prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of

a medical treatment administered to the mother or the newborn infant by a health professional. This

subdivision does not expand a health professional’s duty to report neglect based on prenatal exposure

to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to 13-

3620, subsection E. The determination by the health professional shall be based on one or more of

the following: Clinical indicators in the prenatal period including maternal and newborn presentation.

History of substance use or abuse. Medical history. Results of a toxicology or other laboratory test on

the mother or the newborn infant. Diagnosis by a health professional of an infant under one year of age

with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects. Deliberate exposure

of a child by a parent, guardian or custodian to: sexual conduct as defined in section 13-3551, sexual

contact, oral sexual contact, or sexual intercourse as defined in section 13-1401, bestiality as prescribed

in section 13-1411, or explicit sexual materials as defined in section 13-3507. Any of the following acts

committed by the child’s parent, guardian or custodian with reckless disregard as to whether the child

is physically present: sexual contact as defined in section 13-1401, oral sexual contact as defined in

section 13-1401, sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-

1411.

Newborn

An infant under 30 days of age.

No Jurisdiction

After contacting the appropriate jurisdiction, if it is determined that the Department will not have a role

in investigating the report (for example, when the family resides on an American Indian Tribal land, or

upon confirming that a statute or court order prohibits the Department from taking investigative action)

the DCS Program Supervisor or OCWI Manager will disposition the report as No Jurisdiction.

Nonrecurring Adoption Expenses

Those reasonable and necessary adoption fees, court costs, attorney fees and expenses which

are directly related to the legal process of adoption of a child with special needs, meet federal

requirements, and are not reimbursed by other sources, including costs relating to the adoption

study, health and psychological examinations, supervision of the placement before the adoption,

transportation and reasonable costs of lodging, and food for the child or adoptive parents which are

incurred to complete the adoption process.

Office of Licensing and Regulation (OLR)

Issues licenses and regulates more than 5,000 individuals and organizations providing a variety of

services for children and vulnerable adults. These services include: •Family foster home care and

developmental home care •Group homes, emergency shelters, and outdoor wilderness programs for

children & youth •Home & community based services for individuals with developmental disabilities

(including habilitation, respite, and therapies

Old Age Survivors and Disability Insurance (OASDI)

provides social securit benefits for children who have on or more dceased parents or social security

benefits for a child who have a parent who is viewed as disabled by Social Security Administration

Opportunistic Illnesses

Are infections that are not a threat to a healthy immune system but that could be fatal to a person who

has AIDS. The opportunistic infections most commonly associated with AIDS are: Pneumocystis carinii

pneumonia (PCP); Kaposi’s sarcoma (KS); candidiasis (yeast infections); disseminated cytomegolovirus

(CMV); unusually extensive herpes of prolonged duration; toxoplasmosis; and mycobacterial disease

due to illness, both tuberculosis (TB) and atypical mycobateria.

or Alleged Custodian (or Alleged Abuser)

The individual about whom the allegation of abuse, neglect, abandonment or exploitation of a child

was made

Orientation

Instructions and information provided to employees, volunteers, and contract personnel at the time

they assume service responsibilities.

Out-of-Home Care Provider

A person or agency authorized by the Department to provide care or control of a child in out-of-home

care.

Out-of-Home Placement

The placement of a child with an individual or agency other than the child’s parent or legal guardian.

This includes the following: · placement in temporary custody [ARS §8-221(A) or (B)] · voluntary

placement (ARS §8-806) · placement due to dependency action. [ARS §8-501(A)(7)]

Out-of-Home Respite Care

Respite care that is provided out of the child’s home and in the home of the respite provider. This may

include a shelter care facility.

Outpatient Assessment

Includes all of the following: a.a psychiatric or psychological assessment, including a clinical interview

with a child b.an explanation to a child of the least restrictive alternatives available to meet the child’s

mental health needs. c.a determination as to whether the child may be suffering from a mental disorder,

is a danger to self or others or is persistently or acutely disabled or gravely disabled. d.a review of a

child’s medical, social and psychological records, if available. e.a determination as to whether the child

needs an inpatient assessment or inpatient psychiatric acute care services and whether an inpatient

assessment or inpatient psychiatric acute care services are the least restrictive available alternative

Parent

The natural or adoptive mother or father of a child. [ARS §8-531(A)(10)]

Parent-Child Relationship

Includes all the rights, privileges, duties and obligations existing between parent and child, including

inheritance rights. [ARS §8-531(11)]

Parent Aide

A paraprofessional who functions as a member of a team to provide parent aide services in support of

a case plan. Parent aides may be Department employees, volunteers, or employees of a parent aide

services contract provider.

Parent Aide Services

A range of support services which may include teaching and modeling of parenting and home

management skills, teaching the use of informal and formal community resources, and transportation

tasks.

Parental Involvement

Emphasis of parental participation throughout all phases of case planning.

Parenting Skills Training

The provision of instruction and/or modeling to enhance parental functioning.

Partial Care-Basic

Therapeutic activities including those which promote coping, problem-solving and socialization

skills, and offer regular activities for individuals requiring supportive counseling, skills, training and

rehabilitation. This service is provided as a half day (minimum 3 hours) or full day (minimum 5 hours).

Partial Care-Intensive

Regularly scheduled program of intensive therapeutic activities, including a variety of treatment

modalities such as individual, group, and/or family therapy, cognitive and psychodynamic strategies

addressing the individual’s issues, and treatment related activities intended to reduce the need for

more intensive services. This service is provided as a half day (minimum 3 hours) or full day (minimum 5

hours).

Participant

A person who is a recipient of service and member of a case (see client).

Parties

Includes the child, the petitioners and any parent of the child required to consent to the adoption

pursuant to section 8-106. [ARS §8-531(12)]

Permanent Guardian

For the purpose of adoption petitioning and guardianship subsidy, a legal guardian appointed by the

court pursuant to ARS §8-871.

Person About Whom a Report is Made

An alleged abusive caregiver or other person, a child victim or a child victim’s parent or legal guardian.

Personally Identifiable Information

Includes the name, address, date of birth, social security number, tribal enrollment number, telephone

or fax number, driver license number, places of employment, school identification or military

identification number or any other distinguishing characteristic that tends to identify a particular

person.

Petition

A written statement of the essential facts that allege delinquency, incorrigibility or dependency. [ARS

§8-201(22)]

Physical Disability

Chronically debilitating, progressive or fatal disease which requires assistance for the child in daily

living, or requires the assistance of another person or mechanical device for movement from place to

place, and is diagnosed by one or more health service providers [ARS § 8-141(A)(12)].

Physician

An individual licensed to practice medicine or medicine and surgery (including an osteopathic

practitioner), a podiatrist or an optometrist. The term shall include such individuals who have been

granted a license to practice by the appropriate regulatory board of the State of Arizona and shall

include them only when they are practicing within the scope of such license. “Physician” means a

person who is licensed pursuant to Title 32, Chapter 13 or 17.

Physician’s Assistant

A person licensed with this title by a state.

Placement

The current residence or location of a child. This includes the parent’s home, a foster home, significant

person’s home, adoptive home, child care agency, institution, hospital or medical facility

Pre-Existing Conditions

One or more special needs which existed before the finalization of adoption.

Present Danger

An immediate, significant and clearly observable family condition that has resulted in or will likely result

in serious or severe harm to a child now and requires immediate action in order to ensure child safety

before any further interviews or assessment can take place

Primary Care Unit

The place where the child resides on a 24 hour basis.

Prior Authorization

Authorization required by the contract provider before certain covered services are rendered.

Probable Cause

The information gathered during the investigation would lead a reasonable person to believe that an

incident of abuse or neglect occurred, and that the abuse or neglect was committed by the parent,

guardian or custodian.

Proposed Substantiated

The Department shall consider a report proposed substantiated after an investigation, when the

information gathered during the investigation supports that an incident of abuse or neglect occurred

based upon a probable cause standard.

Proposed Substantiated Pending Dependency Adjudication

The Department shall consider a report proposed substantiated pending dependency adjudication

when a dependency petition is filed alleging dependency based on an allegation of abuse or neglect.

Proposed Substantiated Perpetrator Deceased

The Department shall consider a report proposed substantiated perpetrator deceased after an

investigation when the evidence supports than an incident of abuse or neglect occurred based upon

a probable cause standard, and the abusive parent, guardian or custodian dies prior to entry of the

finding.

Proposed Substantiated Perpetrator Unknown

The Department shall consider a report proposed substantiated perpetrator unknown after an

investigation when the information gathered during the investigation supports that an incident of

abuse or neglect occurred based upon a probable cause standard and the abusive parent, guardian or

custodian cannot be identified.

Prospective permanent placement

a grandparent or another member of the child’s extended family including a person who has a

significant relationship with the child; a person or persons with an expressed interest in being the

permanent placement for the child in a certified adoptive home where the child resides; a home

that is a permanent placement for a sibling of the child; or a licensed family foster home where the

child resides.

Provisional

A foster home license established on a conditional basis, not to exceed six months, when the foster

parent applicant(s) have completed all licensing requirements other than initial or ongoing training. [ARS

§8-509(D)]

Psychiatric Acute Care Facility

A facility that is licensed by the Department of Health Services as a level one behavioral health facility

and that provides psychiatric acute care services.

Psychiatric Acute Care Services

Any of the following: (a) emergency or crisis behavioral health services (b) psychiatric and psychological

assessments and short-term intensive behavioral health counseling and treatment for acute episodes

or mental disorders (c) medication stabilization and twenty-four hour a day nursing care for a child

who suffers from acute psychiatric or mental disorders or who needs to have a chronic mental illness

stabilized

Psychiatric Evaluation

A specific assessment performed by a psychiatrist (M.D. or D.O.) meeting state licensure requirements

in accordance with ARS, Title 32. The assessment shall determine and address behavioral health

problems and may recommend intervention and/or treatment. The evaluation shall include a review of

referral materials, a clinical interview with the client and other key informants, recommendations and

orders for any necessary laboratory or other diagnostic tests, and a written report. Medications may be

prescribed, modified or terminated as indicated.

Psychiatrist

A person who is licensed pursuant to Title 32, chapter 13 or 17.

Psychological Evaluation

A specific assessment conducted by a licensed psychologist to determine and address behavioral

health problems and may include treatment recommendations or advise certain interventions.

Psychological assessments shall include a review of referral materials, assessment of the individuals’s

readiness for testing, a clinical interview, and may include intellectual testing, personality

testing, educational testing, projective testing, and specialized testing for specific disabilities.

Neuropsychological assessments will also delineate between the neurologically based causes for

behavior versus an emotional dysfunction.

Psychologist

A person who is licensed pursuant to Title 32, chapter 19.1.

Psychosocial Rehabilitation

A comprehensive program of remedial treatment to rehabilitate skill deficits in all activities of

community and daily living, training in interpersonal communication, and use of and self administration

of medication.

Racial or Ethnic Factors

Black, Hispanic, Native American, Asian, or other heritage which may prevent a child from being

adopted [ARS §8-141(A)(13)].

RBHA Case Coordination

A lower intensity of case management provided to children who do not have a serious mental illness,

but who are in need of mental health services. Case coordination activities include: coordination of

services, development of the ISP, identification of service providers, implementation of services, and

provision of follow-up as necessary.

RBHA Case Manager/Treatment Coordinator

A RBHA employee or contracted provider who meets the qualifications in the AHCCCS Mental Health

Policy Manual and is responsible for collaboration with the DES case manager and the RBHAs clinical

case management team in the developing, arranging, and monitoring of the most cost-effective and

clinically appropriate Individual Service Plan for delivering mental health services to an eligible child/

client.

Reasonable Efforts

A term used in the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272) that

emphasizes the need to support and preserve families through the provision of services which address

remediating the risk to the child in the family. These services are to be directed towards preventing

the removal of a child from a family or, if removal is unavoidable, to expedite return of the child to the

family. When service provision has not accomplished return of the child to the family, services are then

to be directed towards providing another permanent plan for the child.

Receiving Agency

Related to an interstate placement, the local agency in the receiving state which receives the referral,

does the evaluation and if placement is made provides supervision and other services as necessary and

appropriate.

Receiving Home

A licensed foster home available for a child in need of immediate placement, when taken into custody

or pending medical examination and court disposition. [ARS §8-501(A)(9)]

Receiving State

Related to an interstate placement, the state to which a child is sent, brought or caused to be sent or

brought, whether by public authorities or private persons or agencies, and whether for placement with

state or local public authorities or for placement with private agencies or persons.

Redacting

Editing of case records to remove confidential material prior to release of the records to an individual.

Referral

A written request for the provision of services which includes all required information.

Regional Behavioral Health Authority (RBHA)

An organization under contract to implement, coordinate, maintain, and monitor the delivery of a

unified system of behavioral health services for a geographic area.

Relative (For the purpose of adoption)

means the spouse of the natural or legal parent of the child, aunt, uncle, adult sibling or grandparent of

the child by the whole or half-blood or by marriage or adoption.

Relative (For the purposes of placement)

a great grandparent, grandparent, brother or sister, whole or half blood, aunt or cousin. [ARS 8-501(A)

(11)]

Resident

A person who is residing in the state of Arizona with the intent of establishing a home here.

Resident for Report Purposes

A child victim is a resident when he/she: Attends school or is enrolled in child care in Arizona; or Has a

parent, guardian, or custodian who resides in Arizona.

Residential Treatment Center (RTC)

A group care facility that is licensed as a Level I behavioral health facility through the Arizona

Department of Health Services (ADHS). The residential treatment center (RTC) provides a structured

treatment setting with daily 24 hour supervision and an intensive treatment program. Onsite schooling

is typically provided within this setting.

Residential Treatment Services

Services that are provided by a level one behavioral health facility, a program that provides

detoxification services or an intensive treatment program

Resource

Any service within the Department or the community which is available and potentially of benefit to the

client.

Respite

Short term care and supervision of a child to relieve caregivers.

Response

The DCS Specialist shall initiate the response to a DCS report by having in-person contact with an

alleged child victim identified in the DCS report, or by attempting to have in-person contact with an

alleged child victim at the child’s known or probable location.

Response Time

The length of time from when the report information is received by the local office to when the local

office initiates an investigation and determines the safety of the child victim.

Restricted

A licensed foster home for a specific, identified child(ren).

Revocation

The act of terminating an existing foster care or group care license.

Safe

There is no present danger or impending danger to the child, or the parent, guardian or custodian has

protective capacities that control any existing threats

Screening

The initial process of determining if an allegation of abuse, neglect, abandonment, or exploitation

exists.

Sending Agency (Referring Agency)

Related to an interstate compact, a person, corporation, association, charitable agency or other entity

which sends, brings or causes to be sent or brought any child to another state.

Serious or Severe Harm

A threat to a child that could cause or result in injury to a child’s physical or mental well-being (pain,

injury, suffering, terror, or extreme fear, or death)

Serious Emotional Injury

An injury that is diagnosed by a medical doctor or a psychologist and that does any one or a

combination of the following: a) Seriously impairs mental faculties. b) Causes serious anxiety,

depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction

that requires treatment. c) The result of sexual abuse pursuant to section 13-1404, sexual conduct

with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of

a child pursuant to section 13-1410, child prostitution pursuant to section 13-3212, commercial sexual

exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section

13-3553 or incest pursuant to section 13-3608. [ARS §8-201(27)]

Serious Physical Injury

An injury that is diagnosed by a medical doctor and that does any one or a combination of the

following: a) Creates a reasonable risk of death. b) Causes serious or permanent disfigurement.

c) Causes significant physical pain. d) Causes serious impairment of health. e) Causes the loss or

protracted impairment of an organ or limb. f) The result of sexual abuse pursuant to section 13-1404,

sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406,

molestation of a child pursuant to section 13-1410, child prostitution pursuant to section 13-3212,

commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor

pursuant to section 13-3553 or incest pursuant to section 13-3608. [ARS §8-201(28)]

Service Delivery

The functions, activities, and tasks directed at controlling and removing barriers so that the identified

goals may be achieved.

Service Provider

Any person, institution or entity which provides covered services to an eligible child recipient under the

program.

Service Team

Individuals directly involved in the provision of services to a child or parent. The service team includes

the case manager, out-of-home care provider, licensing worker, Court Appointed Special Advocates

(CASA), Regional Behavioral Health Authority (RBHA), persons providing services (i.e., physicians,

psychologists, therapists, and parent aides). This may also include the entity case manager, physicians,

school personnel, law enforcement and probation personnel, and attorneys.

Sex Trafficking

The recruiting, harboring, transporting, providing, obtaining, patronizing, or soliciting of a person for

a commercial sex act. Severe forms of sex trafficking occur when a commercial sex act is induced by

force, fraud, or coercion, or when the person induced to perform such act has not attained 18 years of

age. Sex trafficking can be determined to have occurred even if it appears that the child is in agreement

with the conduct or the child does not consider herself or himself to be a victim of sex trafficking

Shelter

A licensed agency administered group care setting which is available for a child in need of immediate

placement.

Shelter Care

A type of care provided to a child in need of immediate placement.

Sibling Relationship

Two or more children related by blood or in law.

Significant Person

An individual who has a substantial relationship with the child.

Special Needs

One or more of the following factors which may impede the adoption of a child: · Physical, mental or

developmental disability · Emotional disturbance · High risk of physical or mental disease · High risk

of developmental disability · Age of six or more years at the time of application for adoption subsidy ·

Sibling relationship · Racial or ethnic factors · High risk of severe emotional disturbance if removed from

the care of foster parents or relatives [ARS §8-141(A)(14)].

Special Services Subsidy

Payments to the adoptive parents or the providers of services for expenses incurred in the provision

of medical, dental, psychiatric, psychological, or other services, as approved by the Adoption Subsidy

Review Committee, to meet the preexisting health related conditions or risks of the child. This does not

include routine medical, routine dental, social or recreational services.

State Placing Agency

A state agency responsible for the care and placement of children and responsible for the submission

of the special education voucher application when residential placement is necessary. DES/DCYF/

DES/DDD, AOC (JPO), AZ Department of Juvenile Corrections (ADJC), and DHS are the state placing

agencies.

Substance Exposed Newborn (SEN)

A determination by a health professional that an infant under 30 days of age was exposed prenatally

to a drug or substance listed in section 13-3401 and that this exposure was not the result of a

medical treatment administered to the mother or the newborn infant by a health professional. The

determination by the health professional shall be based on one or more of the following:

• Clinical indicators in the prenatal period including maternal and newborn presentation.

• History of substance use or abuse.

• Medical history.

• Results of a toxicology or other laboratory test on the mother or the newborn infant.

Substantial Care Payments

Monthly special services payments for professional nursing provided by an adoptive parent to their

medically fragile child, above and beyond the level of care that is reasonable or usual for a parent to

provide to a child with special needs.

Supervised Visit

A visit between a child in out-of-home placement and his parent/caretaker, sibling, or other relative that

is monitored and supported through the physical presence of a third party (e.g. case manager, visitation

facilitator, parent aide, etc.)

Supervision

The act of monitoring and directing the activities of the foster child. This includes situations where the

foster parent(s) provide indirect monitoring of the foster youth such as when the youth goes to the

movie or shopping mall with friends, is employed or spends an overnight with a friend. The provision

of indirect supervision must be approved by the child’s case manager as appropriate to the needs and

ability of the foster youth. Indirect monitoring also includes the foster parent(s) being available to the

youth in the case of an emergency.

Supplemental Security Income (SSI)

Is based upon a child’s medical and behavioral needs

Surrogate Parent

An individual appointed by the juvenile court to represent the interests of a child requiring special

education services when the child’s parents are unwilling or unable to do so. [ARS §15-761(35)]

Suspension of License

The act of temporarily canceling an existing foster care or group care license.

Temporary Custody Notice

A written notice by the Department, or law enforcement to parents, guardians, or custodians outlining

reasons why the child has been taken into temporary custody and advising the parent or guardian of

the preliminary protective hearing to be held within 5 to 7 days. (ARS §8-823)

Termination of Parental Rights

An order of the superior court that divests the parent and the child of all legal rights, privileges, duties

and obligations with respect to each other except the right of the child to inherit and receive support

from the parent. This right of inheritance and support shall only be terminated by a final order of

adoption. See also Severance.

Therapeutic Group Home

A group care facility which is licensed as a Level II behavioral health facility by Arizona Department of

Health Services. The therapeutic group home (TGH) provides a structured residential treatment setting

with 24 hour a day supervision and counseling or other therapeutic activities for clients who do not

require on-site medical services.

Therapeutic Visit

A visit between a child in out-of-home placement and his parent/caretaker or sibling that is monitored

through the physical presence of a psychologist, therapist or counselor for the purpose of assessing

interactions, response to visits, teaching parenting skills and increasing the participants understanding

of the family dynamics with the goal of solving family problems

Title XIX

The Medicaid provision of the federal Social Security Act.

Title XIX Eligible Child

Children up to age 18, who are eligible under Title XIX eligibility categories, which include COBRA,

SOBRA, SSI, and Ribicoff criteria

Title XIX Provider/Facility

A person, clinic, or residential facility licensed by the Department of Health Services that meets the

Arizona Health Care Cost Containment System (AHCCCS) requirements for receiving federal Title XIX

reimbursement.

Tracking Characteristics

The assessment and management of child safety is initiated during the initial contact with the family

and is continued throughout the investigation. The purpose of the Family Functioning Assessment is to

gather sufficient and relevant information to make an informed decision about whether the child is safe

or unsafe. The Family Functioning Assessment and analysis of information guides the DCS Specialist’s

decisions about the child’s safety and what, if any, actions should be taken to protect the child

Treatment-Oriented Foster Care

Foster family-based model that provides an intensive system of supportive and clinical services to

special needs children.

DCS Glossary page 67

Treatment Plan

That portion of the authorization process which requiires that the attending physician and other

professional allied health personnel involved in the care of a recipient establish and review periodically

a plan of treatment and care for each recipient.

Unable to Locate

The Department shall consider the report finding unable to locate after an investigation when

reasonable efforts were made to locate the child victim; the location of the child victim remains

unknown and there is insufficient evidence to conclude that the child was abused or neglected without

interviewing or observing the child.

Unsafe

There is present or impendign danger to the child, and no parent, guardian or custodian is able or

willing to provide protection

Unsubstantiated

The Department shall consider a report unsubstantiated, after an investigation, when the information

gathered during the investigation does not support that an incident of abuse or neglect occurred based

upon a probable cause standard.

Unsupervised Visit

A visit between a child in out-of-home placement and his/her parent/caretaker, sibling or other relative

that is not directly visually monitored.

Visitation

Face-to-face contact between a child in out-of-home care and his parent/caregiver, siblings, family

members, other relatives, and other significant persons such as friends and former foster parents.

Visitation Facilitator

Any person who is designated to monitor a visit between a child in out-of-home placement and the

parent/ caretaker, sibling or other relative. This may include a parent aide, transportation worker,

volunteer, psychologist, therapist, out-of-home care provider, extended family member or other party.

Visitation Guidelines for Parents

Information provided to parents which outlines agency expectations of the parent/caretaker regarding

visitation.

Voluntary Placement Agreement

A written agreement, for a period not to exceed 90 days, between the parent, guardian or caretaker

and the DCS. If the child is over 12 years of age and not developmentally disabled, the child must

also agree to and sign the voluntary agreement, unless the Department determines that voluntary

placement of the child is clearly necessary to prevent abuse (ARS §8-806).

Volunteer

An individual who contributes time and services to the Department without monetary compensation.

Window

A screen display used to view an application or document.

Written agreement

A written agreement between the Department and the family is composed of a completed Case Plan,

recorded in the Case Plan Directory.

8 comments:

Anonymous said...: A grandparent who is trying to get custody of three grandchildren in cps custody. Have been informed I have disposition with CPS. Have never had a CPS case. Grandchildren about to basically be farmed out to people who have injured children, been in penitentiary for murder, They have blocked me every way. Getting this info where I've injured a child takes 18-24 mos. Filed for custody. Judge threw case out (CPS had judge sign an order) Never was informed of decision until I called court house to check on status of case. Never even got a chance to have petition heard. I angered CPS supervisor when I told her this was cluster f and she was head clucker. Pretty dumb I know. My grandson was being fed on by chiggers for over two mos in foster care. He has permanent scarring from it. I'm a retired postal worker so I. need to know if there is anyone who can help me as I don't have a lot of money. Ideas. I did file the petition pro se. Used alegal service in Tx.; September 16, 2015 at 12:39 PM
Jessica Lynn Hepner said...: Dennis M. Slate, Attorney at Law

Can Grandparents get custody in a CPS case?
Posted on Apr 19, 2014 6:25pm PDT
When Children’s Protective Services (CPS) seeks to remove children from their parents for abuse or neglect, its caseworkers have a duty to seek placement of the child(ren) with a relative of either the mother or the father. Often, it is the grandparents who are in the best position to seek placement and to provide for the care of the child(ren).

The courts are required to provide the parents of any child CPS removes with a hearing to determine whether the removal was warranted. The hearing must be held within 14 days of the child’s removal. This hearing is also when the court will decide where the child(ren) will reside while the case is pending, which could be up to 18 months. Because of this short deadline for the hearing, it is very important for grandparents who want their grandchildren to be placed with them to consult and hire counsel very quickly once the child has been removed.

TWO OPTIONS

Depending on the alleged conduct of the parents that necessitated the removal and the feelings of the grandparent towards the parent, there are two options that can be pursued. First, if a grandparent wants to support their child in trying to eventually regain custody of the grandchildren, they can seek placement of the child(ren) without actually filing their own suit. This option allows the grandparent step in and keep the child(ren) out of foster care, while still being able to testify in favor of the parent.

The second option requires the grandparent to file their own lawsuit, called an intervention, seeking legal custody of the grandchild(ren), instead of just a temporary placement. If a suit of this nature is filed, the grandparent must allege that if the child(ren) was returned to either parent that their health or emotional development would be significantly impaired. By filing a lawsuit, the grandparent then gets a voice in the lawsuit and courtroom they would not have otherwise.

If your grandchildren have been removed from their parents by CPS, it is imperative that you seek legal counsel as soon as possible. It is also important that the attorney you hire is skilled and trained in handling CPS cases.

I specialize in representing grandparents, and can help you in getting your grandchild(ren) out of foster care and returned to live with their family, Grandparent Rights
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Website: http://www.deerparkdivorcelawyers.com; September 17, 2015 at 11:08 AM
Cocosexy76 said...: My kids were abused by their foster parents, their foster father was indicted on charges also while they were in there care, the children and youth agency is currently under investagation can sue the agency?; September 20, 2015 at 1:11 PM
Jessica Lynn Hepner said...: How To Sue CPS in Federal Court
http://whateveryparentshouldknowaboutcps.blogspot.com/2012/11/how-to-sue-cps-in-federal-court.html; September 23, 2015 at 6:33 AM
Anonymous said...: My sisrer has 4 kids that ot tooken away from her due to false allegations from her oldest kids dad .He is not even the father of the other three kids. Recently before all of this he had a baby and the baby is very sick .I believe that he is using my sisters kids into getting money . He also is coaching is kid by her to say bad things about tthe mom and lie and say bad thins about other people as well to keep the case prolong he even try to get my child invoved in his sick stories that didn't play out the way he thought . The kids in his care are not doing well at all. The oldest which is his is doing awful in school the secound oldest is anti-social the midle child has been to the hospital 2 tmes under his care of habving multiple seizure do to bad reaction of laughing gas that was told not to do and also was in the dentil records and still did it anyway and the youngest wont eat at all and is going bald plz. someone tell me what to do to help her CPS is not trying to help her at all they are to busy having her do things to prove she is a good parent and brought them in the hands of someone who diffently is not caring for them but only using them for his oiwn selfish ways; October 5, 2015 at 11:50 PM
Unknown said...: My daughter has 3 babies and the daddy went to CPS in her because he thought she was trying to get child support. He has been in jail most of their lives,they are 5,4,and 2. They got taken 14 months ago. My daughter was told to go take a drug test when she got off work and she did and she passed the test,it was urine test. The CPS worker checked everything out and she said that everything was good and she was pretty much closing the case,but fir my daughter to get help with daycare it had to be left open. Another cps worker called my daughter told her to go take another test, this time it was hair follicle. She was called up to come to cps office where a different caseworker told her she couldn't go pick her kids up at daycare and they knew I (her mother) couldn't get the kids because I was in probation at this time and who she wanted to get kids. She said her grandmother,my mother. Before my mother could get there they had locked the doors and placed children with someone else. Then they separated the children,they are back together now,but not with their immediate family who wants them. The daddy has since gotten a 16yr. Old pregnant and he is 25 and cps acts like that's no big deal. Also the daddy brought drugs in cps office and took it in front of me with one kid in the floor playing. They found his baggie in garbage can just as I told it would be. The case worker told me that was a felony charge,but they have never done anything about it. They continue to give him whatever he wants and everything we do is wrong. I've never gotten a chance to get the babies not even a weekend visit but they did his mother. We feel we have been done unfairly, and our babies should have never been in foster care. What do we do? Thanks for your time.; November 24, 2020 at 4:43 PM
Jessica Lynn Hepner said...: I would suggest contacting Omnebudsman and file and complaint with them.; November 30, 2020 at 1:41 AM
Anonymous said...: My grandson is in CPS custody right now and has been since 2021. They made my son sign his rights away last year. I want to see about at least getting grandparents rights. We miss him like crazy and love him so much. He already lost his sister thanks to his mom but it was ruled accidental. I take care of my other grandkids daily while there parents work.; January 30, 2024 at 7:52 PM

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DCS GLOSSARY