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ARIZONA STATUTE SUMMARY/Adoption
ARIZONA STATUTE SUMMARY
Adoption
At the bottom of the following summary you will find a link that will take you to the Arizona state code website. The citations in the summary will aid in your search for the full text of the relevant provisions on the state code website.
Parties
Who May Be Adopted
• A child (person under age 18) (Ariz. Rev. Stat. § 8-102).
• A foreign-born person age 21 or less who is not an illegal alien and present within the state when the adoption petition is filed (Ariz. Rev. Stat. § 8-102).
• A married person not legally separated from his/her spouse cannot be adopted without that spouse's consent, if the spouse is capable of consenting. (Ariz. Rev. Stat. § 14-8101).
Who May Place an Adoptee
Only persons lawfully permitted to perform adoption services may place a child for adoption:
• a person licensed as an agency;
• an agency employee or independent contractor;
• a person acting under an adoption agency's direct supervision and control; or
• a person lawfully exempted from licensing.
(Ariz. Admin. Code r. 6-5-7002(A)).
An attorney licensed to practice in Arizona may participate in direct placement adoptions as otherwise permitted by statute. (Ariz. Admin. Code r. 6-5-7002(C)).
Who May Adopt
• An adult resident (a person age 18 or older) of the state (married, unmarried or legally separated). (Ariz. Rev. Stat. § 8-103).
• A husband and wife may jointly adopt a child. (Ariz. Rev. Stat. § 8-103).
• An adult may adopt another adult who is a stepchild, niece, nephew, cousin or grandchild of the adopting person. (Ariz. Rev. Stat. § 14-8101(A)).
• A foster parent may adopt an adult whose has been in his/her care since the adoptee was a juvenile, as long as the foster parent has had a continuous relationship with the adoptee for five or more years. (Ariz. Rev. Stat. § 14-8101(A)).
Pre-certification is required of all prospective adoptive parents; certification is issued after a duly-conducted investigation. (Ariz. Rev. Stat. § 8-105(A)). The report shall include:
• a complete social history;
• the applicant's financial condition;
• the applicant's moral fitness;
• the applicant's religious background;
• the applicant's physical and mental health condition;
• any court action for or adjudication of child abuse, child abandonment, dependency, or termination of parental rights in which the applicant had control, care or custody of the subject child;
• whether persons wish to be placed on Central Adoption Registry (“Registry”);
• all other facts bearing on the prospective adoptive parent's fitness deemed relevant.
(Ariz. Rev. Stat. § 8-105(F)).
• the applicant's marital history;
• the names, addresses, and phone numbers of immediate family members;
(Ariz. Admin. Code r. 6-5-6604(1)(f)-(g))
• the applicant's Social Security number; (Ariz. Admin. Code r. 6-5-6604(1)(b))
• the names, birthdays, and social security numbers of persons residing with the applicant;
• a listing of the applicants’ insurance policies;
(Ariz. Admin. Code r. 6-5-6604(2)-(3))
• a statement about the type of child the applicant seeks to adopt and whether the applicant desires to adopt or would consider adopting a child with special needs;
• information on legal proceedings, as specified by regulation, that the applicant has been a part of.
(Ariz. Admin. Code r. 6-5-6604(9)-(10))
The investigation is not required if:
• the applicant is the child’s birth/legal parent 's spouse or is the child's uncle, aunt, adult sibling or grandparent by blood, marriage, or adoption;
• the birth or legal parent is deceased, and at the time of death, had legal and physical custody of the child, and the child resided primarily with the deceased's spouse twenty-four months prior to his/her death;
• the grandparent, aunt, adult sibling or uncle is deceased but at the time of death had legal and physical custody of the child, who resided primarily with the spouse of such relative during the twenty-four months before the death of that relative.
(Ariz. Rev. Stat. § 8-105(N)).
If the applicant has adopted a child within three years preceding the current application, the investigation shall only provide an update report on any changes of circumstances that have occurred since the previous certification or licensing report. If the applicant has adopted a child more than three years preceding the current application, the investigation may provide an updated report on any changes of circumstances. (Ariz. Rev. Stat. § 8-105(O)).
Who May Not Adopt
A married person not legally separated from his/her spouse cannot adopt an adult without that spouse's consent. (Ariz. Rev. Stat. § 14-8101(C)).
Types
Services to be provided by a person licensed to perform adoption services include:
• recruitment of a child's placement by his/her birth parent through a particular agency;
• obtaining the birth parent's relinquishment and adoption consent;
• taking physical custody of the child for adoptive placement;
• placing the child in the adoptive home;
• monitoring, supervising or finalizing the adoptive placement; and
• providing networking or matching services for a birth or adoptive parent or an adoptive child.
(Ariz. Admin. Code r. 6-5-7002(B)).
Private Agency
The fee charged by an agency must be reasonable. (Ariz. Admin. Code r. 6-5-7030(A)). The agency must establish and follow a written fee policy regarding adoption services, which should include:
• a fee schedule for each specific service offered by the agency and when the client must pay for such service;
• an explanation of the agency's policy for assessment of fees;
• an explanation of the circumstances that would cause the agency to reduce, waive, suspend or refund a fee;
• an explanation of the circumstances that would cause the agency to increase the fee;
• the procedure to be followed in collection of the fees.
(Ariz. Admin. Code r. 6-5-7030(B)).
The agency must refund any fees for services it did not perform; the agency may offset against the refund the amount due for services performed that the client agreed to pay for but has not done so. (Ariz. Admin. Code r. 6-5-7030(G)).
The adoption fee agreement between the agency and the adoptive parents shall be in writing and include the terms and conditions as specified by regulation. (Ariz. Admin. Code r. 6-5-7031).
An applicant for an adoption agency license shall file the necessary paperwork with the Division of Economic Security ("Department"); the application shall contain the following:
• agency name, address, and telephone number;
• address of all agency offices;
• written description of:
• all adoption services to be provided by applicant;
• fee(s) to be charged by applicant;
• cost to applicant of providing such services;
• time in adoption process applicant will require clients to pay the fee
• number of clients agency anticipates serving;
• recruitment efforts to be used by applicant;
• written explanation of how adoption services will be provided, including number and description of staff providing same and the staff training requirements.
All required supporting documents will be submitted with the application and a non refundable application fee must be paid. (Ariz. Admin. Code r. 6-5-7003(A)-(D)). An out-of-state agency seeking licensure in Arizona must submit this information plus the additional information and documentation identified by regulation. (Ariz. Admin. Code r. 6-5-7004)).
The licensing decision shall be issued by the Department no later than 90 days after the completed application package is received. (Ariz. Admin. Code r. 6-5-7005(F)). A license may be denied to:
• an applicant who had a license revoked by another state or foreign country;
• an applicant employing personnel whose fingerprint background check shows a criminal conviction or otherwise identified arrest;
• an applicant not compliant with the standards identified in Ariz. Admin. Code r. 6-5-7006(C);
• an applicant with a history or pattern of violating adoption statutes or rules; or
• an applicant violating the ICPC or ICWA during a licensing year.
(Ariz. Admin. Code r. 6-5-7006(D));
An applicant who intentionally or recklessly jeopardizes the well-being of a client.
(Ariz. Admin. Code r. 6-5-7006(D)(4))
The Department shall advise the applicant in writing of the reason for the denial and the applicant's appeal rights. (Ariz. Admin. Code r. 6-5-7006(E)).
A license issued by the Department expires one year from the date of issuance and cannot be transferred or assigned. The license expires upon an agency ownership change, as specified by regulation. (Ariz. Admin. Code r. 6-5-7007).
A license may be revoked when the agency:
• violates a statute or rule governing the provision of adoption services;
• commits an activity that could threaten an agency client's health, safety, or welfare;
• commits fraud or intentional misrepresentation in obtaining/renewing its license or when dealing with its clients;
• obtains a birth parent's relinquishment and adoption consent through duress, coercion, extortion or intimidation;
• knowingly fails to advise an adoptive parent that the adoptive child was abused while in the agency's care or control; or
• violates its agreement to provide services to the client.
(Ariz. Admin. Code r. 6-5-7037(A)). An agency whose license has been revoked shall perform no adoption services after the revocation date, shall surrender its license to the Department, and cooperate with the Department in transferring its clients to another agency. (Ariz. Admin. Code r. 6-5-7037(D)-(E)).
The agency's ongoing operations shall be monitored by the Department; upon receipt of a specific complaint, a compliance audit may be conducted. (Ariz. Admin. Code r. 6-5-7033). The agency will be placed in noncompliance status when a complaint is received and substantiated by the Department when the complaint does not affect the client's health, safety or well-being. Such noncompliance status is not appealable. (Ariz. Admin. Code r. 6-5-7035, see also Ariz. Admin. Code r. 6-5-7502(B)(3)). The agency's license will be suspended for statutory violations or activity that threatens an agency client's health, safety or welfare. If the agency does not correct the situation that led to the suspension, the Department must begin license revocation proceedings. (Ariz. Admin. Code r. 6-5-7036).
The agency is required to maintain a blanket liability insurance policy with terms and conditions as specified by regulation. (Ariz. Admin. Code r. 6-5-7024).
Consent
Who Must Consent
• The child’s birth or adoptive mother, if living. (Ariz. Rev. Stat. § 8-106(A)(1)).
• The child’s father, if:
• he was married to the child’s mother at the time of conception or at any time between conception and the child’s birth unless his paternity is excluded or another man’s paternity is established pursuant applicable statutes;
• he adopted the child;
• his paternity is established pursuant to applicable statutes.
(Ariz. Rev. Stat. §§ 8-106(A)(2)(a)-(c)).
• A child age 12 or older must give consent in open court.
• Any legal guardian of the child appointed and authorized by the court to consent to the child’s adoption.
• An agency or department given consent to place the child for adoption by the parent(s) or in other legal proceedings.
• The guardian of any adult parent for whom a guardian is currently appointed.
(Ariz. Rev. Stat. § 8-106(A)(3)-(6)).
Who Need Not Consent
• An adult parent for whom a guardian is currently appointed.
• A parent whose parental rights have been terminated by court order.
• A parent who has previously consented to an agency’s or department’s placement of the child for adoption.
• A person whose consent is not statutorily required.
(Ariz. Rev. Stat. § 8-106(B)(1)-(4)).
• In an adult adoption, consent is not required from the potential adoptee's natural parent(s) or the department. (Ariz. Rev. Stat. § 14-8101(C)).
Form of Consent
A notarized affidavit signed by the mother that lists all potential fathers must also be filed with the court with the consent. (Ariz. Rev. Stat. § 8-106(F)).
Adoption consents must be:
• in writing, signed by the person giving the consent, and witnessed by two or more credible witnesses who are at least eighteen years old. Witnesses subscribe their names in the presence of the person giving the consent or must be acknowledged by the person giving consent in front of a notary public (Ariz. Rev. Stat. § 8-107(A)).
• dated, and sufficiently identify and give the addresses of the consenting party, the witnesses' names and addresses, and the child to whose adoption the consent is given. (Ariz. Rev. Stat. § 8-107(C)).
Consent given before seventy-two hours after the child's birth is invalid. (Ariz. Rev. Stat. § 8-107(B)).
The consent must designate either:
• An agency or the department authorized to place the child for adoption; or
• The particular person(s) authorized to adopt.
(Ariz. Rev. Stat. §§ 8-107(D)(1)-(2)).
The consent must provide the true names of the adopting person(s); however, fictitious names may also be used if:
• the consent also truthfully states that the adopting person(s) are currently certified as acceptable to adopt the child;
• the consenting party knows that the names used are fictitious and does not wish to know the true names;
• the consenting party has been furnished with all information he/she wishes to know about the adopting person(s).
(Ariz. Rev. Stat. § 8-107(E)).
The consent must contain acknowledgment of specific information as required by statute. Ariz. Rev. Stat. § 8-107(F).
A consent, other than to an agency or the department, that does not designate a particular person(s), or which purports to permit a third person to locate or nominate an adoptive parent, is invalid. Ariz. Rev. Stat. § 8-107(G).
The minority status of the child or parent does not affect that person's competency to give consent. (Ariz. Rev. Stat. § 8-106(C)).
Withdrawal of Consent
Consent is irrevocable unless obtained by fraud, duress or undue influence. (Ariz. Code §8-106(D))
Procedure
The Department shall maintain a Central Adoption Registry (“Registry”), which shall have current information for each listed child/adoptive parent, including:
• the child's availability for adoptive placement;
• the adoptive family's certification status;
• the adoptive family's availability for adoptive placement; and
• the type of child the adoptive family is open to considering for adoption.
(Ariz. Admin. Code r. 6-5-6502(A)).
The Department shall provide the following adoption services:
• recruit prospective adoptive parents;
• provide information to persons interested in adoption;
• conduct certification investigations and prepare the reports thereof as required by statute;
• take adoption consents from birth parents;
• prepare non-identifying, preplacement information on a potential adoptee for the adoptive parents;
• submit names and profiles of adoptable children and certified adoptive parents for listing in the Registry;
• prepare children for adoptive placement;
• match adoptable children with certified adoptive parents and place the children in the parents' homes;
• investigate and report to the court on the suitability of a particular placement;
• monitory adoption placements;
• provide services to placed children and adoptive families;
• conduct social studies as required by statutes and prepare the final court report;
• provide legal documents necessary to complete the adoption process.
(Ariz. Admin. Code r. 6-5-6504(A)). Authority for, and guidelines to, provision of these services is as provided by regulation. (Ariz. Admin. Code R. 6-5-6505 to 6-5-6511).
Notice Rights
Notice of the adoption hearing will be provided to:
• the petitioner;
• the agency, if any;
• the person or agency conducting the required social study;
• any person or agency required to give consent, unless consent with a waiver of notice of hearing has been filed;
• any person who has initiated a paternity action pursuant to statute.
(Ariz. Rev. Stat. §8-111)
The notice will inform the putative father of the following:
• The planned adoption;
• The potential father’s right to consent or withhold consent to the adoption;
• the potential father’s responsibility to initiate and to proceed to judgment in the paternity proceedings as required by statute; (Ariz. Rev. Stat. § 8-106(G)(4))
• the potential father’s right to seek custody;
• the potential father’s responsibility to provide financial support for the child if paternity is established
(Ariz. Rev. Stat. § 8-106(G)
The potential father’s failure to file a paternity action bars him from bringing an action at a later time (Ariz. Rev. Stat. § 8-106(G)(7))
Form and Filing of Petition
The potential adoptive parent(s), an agency or the department may file a petition to adopt, which shall include:
• the prospective adoptive parent's full name, age and place of residence, the date and place of marriage, if applicable, and any relationship to the child;
• a dated certificate of acceptability to adopt issued in favor of the prospective adoptive parent (or the reason pre-adoption certification is not required);
• the date when, and from whom, the prospective adoptive parent acquired custody of the child; if not in custody, the present custodial circumstances ;
• the child's date and place of birth;
• the child's name or the fictitious name to be used in the proceedings; if a change of name is desired, the child's new name;
• a statement affirming that it is the desire of the prospective adoptive parent to adopt the child;
• a full description and statement of the value of all property owned or possessed by the child;
• if the potential adoptee is a ward of the court, written consent to adopt given by the department or the agency that has been given custody of the ward or any reason that consent need not be given;
• full disclosure of any fees or anything of value given or paid to any person or organization in connection with the child's adoption.
(Ariz. Rev. Stat. § 8-109(A))
Any required written consent may be attached to the petition or filed after the petition is filed, at or before the hearing. (Ariz. Rev. Stat. § 8-109(B)).
In an adult adoption, a written adoption agreement will be executed by the prospective adoptive parent(s), stating the parties' agreement to assume the legal parent-child relationship, with all the rights, duties and obligations connected to that relationship. (Ariz. Rev. Stat. § 14-8101(B)).
In an adult adoption, the petition shall state:
• length and nature of the relationship between the prospective adoptive parent and the potential adoptee;
• any degree of kinship;
• the reason adoption is sought, with a statement why the adoption is in the parties' best interest and the public interest;
• the names and addresses of any living parents or adult children of the potential adoptee; and
• whether the prospective adoptive parent has previously adopted another adult and, if so, identification of that adult.
(Ariz. Rev. Stat. § 14-8101(F), see also Ariz. Rev. Stat. § 14-8101(D)).
Investigation of Placement
Before a certification application from a prospective adoptive parent is accepted, the applicant must be given an adoption orientation as specified by regulation. (Ariz. Admin. Code § r. 6-5-6603))
A social study shall be conducted and submitted to the court 10 days before the adoption hearing. The court has the discretion to order an additional social study or waive the requirement entirely. (Ariz. Rev. Stat. § 8-112(A))
The social study must include the following:
• the child's, and his/her parents', social history, heritage and mental and physical condition;
• the child’s current adoptive placement and the child’s adjustment to that home;
• the prospective adoptive parent’s suitability to adopt;
• the existing and proposed arrangements regarding the child’s custody;
• any financial arrangement concerning the proposed adoption made by the birth parents, the department, an agency, an attorney or the prospective adoptive parents;
• any other information that is pertinent to the proceedings; and.
• a definite recommendation for or against the proposed adoption and the reasons for that recommendation.
• a state and federal criminal records check of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent except a birth or legal parent with custody of the child and a central registry records check.
(Ariz. Rev. Stat. § 8-112(B)-(C)).
The social study must include a state and federal criminal records check and a Registry records check if:
• the prospective adoptive parent is the child’s stepparent legally married to the child’s natural/legal parent for at least one year and the child has resided with the stepparent and parent for at least one year; or
• the prospective adoptive parent is the child’s adult sibling, by whole or half blood, or the child’s aunt, uncle, or grandparent and the child has resided with the prospective adoptive parent for at least one year.
• The social study may consist of only the criminal records and registry check if either of the above conditions apply.
(Ariz. Rev. Stat. § 8-112(D))
If the child has lived with the prospective adoptive parent for at least 6 months and the prospective adoptive parent either has adopted a child or was appointed the permanent guardian of the child within three years preceding the current application, or is a licensed foster parent, the social study may consist of:
• the results of the Registry records check;
• a review of any material changes in circumstances that have occurred that affect the prospective adoptive parent’s ability to adopt the child or for the child to be placed in the prospective adoptive parent’s home.
(Ariz. Rev. Stat. § 8-112(E))
Collection of Information
Upon request, personally identifiable Registry information may be provided to:
• licensed adoption agencies, including out-of-state agencies;
• adoption registries and exchanges; and
• the court.
(Ariz. Admin. Code r. 6-5-6502(B)). Before the information is provided, the Department must obtain specific information from the requesting party. (Ariz. Admin. Code r. 6-5-6502(C)).
The licensed adoption agency shall maintain a case record for each adoptive family, including
• documentation that the adoptive parent(s) received the required orientation;
• the application for certification;
• the certification/recertification reports;
• the nonidentifying information provided by the agency to the adoptive parent; and
• summary of the adoptive placement decision, and pre- and post-placement contacts with family and adoptee.
(Ariz. Admin. Code r. 6-5-7027).
The licensed adoption agency shall also maintain a case record on each child, divided into two sections:
• non-identifying information as required by Ariz. Rev. Stat. § 8-129; and
• identifying information, including
• tapes, videos or photos of the adoptive child or birth parent;
• legal documents and report required for adoption;
• the birth family's social, physical, mental and educational history;
• the adoptee's social, physical, mental and educational history;
• summary of all action taken to prepare the child for the adoptive placement.
(Ariz. Admin. Code r. 6-5-7026).
Hearing on Petition
The prospective adoptive parent, his/her spouse, and the potential adoptee must attend the hearing unless the court orders otherwise. Only those with a direct interest in the case will be allowed to attend the hearing. (Ariz. Rev. Stat. § 8-115(A), see also Ariz. Rev. Stat. § 14-8101(D)).
If the court is satisfied, based upon a preponderance of the evidence, that requirements have been met and that adoption is in the child's best interests, the court will order the adoption. The written order must include the findings of fact on which it is based, including the court’s jurisdiction and the adoptee's date and place of birth. If the exact place of birth is unknown, the court must designate a place of birth according to the best information known. If the exact date of birth is unknown, the order must establish a date of birth based on the medical evidence as to the child's probable age. (Ariz. Rev. Stat. § 8-116(A)-(C)).
In an adult adoption, if the court determines after a hearing that the adoption is in the parties' best interest and the public interest, the agreement of adoption will be approved and an adoption decree entered. (Ariz. Rev. Stat. § 14-8101(E)).
Finality of Decree
The order is conclusive and binding on all persons from the date of entry, subject to appeal as provided by statute. (Ariz. Rev. Stat. § 8-116(D))
Effect of Decree
The adoption order may change the child's name to that of the adoptive parent(s). (Ariz. Rev. Stat. § 8-116(A)).
Once the court issues the adoption decree, a certificate of adoption shall be prepared containing the information required by regulation. Information necessary to prepare the certificate shall be provided by the petitioner when the adoption petition is filed. (Ariz. Rev. Stat. § 36-336).
A new birth certificate amended by the state registrar upon receipt of the required documentation. (Ariz. Rev. Stat. §§ 36-337(A)).
Expenses and Accountings
The court may approve reasonable and necessary expenses be paid to the birth parent in connection with the adoption. (Ariz. Rev. Stat. § 8-114(A)) A person who wishes to pay the birth parent's living expenses in excess of $1,000 must file a motion for permission; unless waived, a hearing will be scheduled within 10 days. An affidavit must be filed, signed by the birth mother, that receiving the money does not require the birth mother to place the child for adoption and that valid consent can only be given after the child is born. A consideration of reasonable and necessary expenses includes:
• the birth parent's current standard of living;
• the standard of living necessary to preserve the health and welfare of the birth parent and the unborn child;
• the existence of alternative financial resources for the birth parent.
(Ariz. Rev. Stat. § 8-114(B), see also Ariz. Admin. Code r. 6-5-6503(G)). Except as provided above, a person shall not be directly or indirectly compensated for giving or obtaining consent to place a child for adoption. (Ariz. Rev. Stat. § 8-114(C))
An attorney may be paid for services in connection with the adoption in an amount approved by the court as reasonable and necessary. (Ariz. Rev. Stat. § 8-114(D))
At least 10 days before the adoption hearing, the prospective adoptive parent must file a verified accounting of all fees, payments, disbursements, or commitments of anything of value made or agreed to be made by the prospective adoptive parent or for the benefit of the prospective adoptive parent in connection with the adoption. (Ariz. Rev. Stat. § 8-114(E)). The person filing this required accounting must include the following information:
• the adoptee's name and date of birth and, if relevant, the child's AHCCS number;
• the petitioning adoptive parent's name;
• the case number, court and jurisdiction where case is pending;
• the name and address of any agency or attorney for petitioner;
• an itemized breakdown of payments petitioner made or agreed to make for adoption costs;
• the signature of the petitioner filing the form and his attorney, and a representative from the petitioner's agency.
(Ariz. Admin. Code r. 6-5-6503(A)). If the actual amount is unknown when the accounting is filed, an estimated amount may be listed, identified as such, with an explanation as to how the actual figure will be determined. (Ariz. Admin. Code r. 6-5-6503(C)). The Department may require the petitioner to submit additional documentation to supplement the accounting. (Ariz. Admin. Code r. 6-5-6503(E)-(F)).
A licensed agency cannot:
• condition a client's eligibility to adopt on the client's donation of, or agreement to donate, anything of value other than regular scheduled adoptee fees, to the agency or an agency affiliate;
• obstruct or withhold finalization of the adoption solely for nonpayment of fees;
• charge a fee not listed on the agency's fee schedule, included in the fee policy, and disclosed in the client's fee agreement letter; or
• charge a prospective adoptive parent advance fees contrary to Ariz. Admin. Code r. 6-5-6603(C)).
(Ariz. Admin. Code r. 6-5-7030(D)).
The Department, in providing adoption services, may charge fees as provided by regulation. (Ariz. Admin. Code r. 6-5-6509(A)). The fee may be waived or deferred, at the Department's discretion, if it is determined the fee would:
• cause the applicant a financial hardship;
• be detrimental to the adopted child; or
• preclude the applicant from applying to adopt.
(Ariz. Admin. Code r. 6-5-6509(B)).
Safe Surrender Laws
A "safe haven provider" is any of the following:
• an on-duty firefighter;
• an on-duty emergency medical technician;
• a staff member at a health care institution that is statutorily classified as a hospital or an outpatient treatment center;
• a staff member at any of the following that posts a public notice that it is willing to accept a newborn infant pursuant to the safe haven laws:
o a private child welfare agency licensed pursuant to statute;
o an adoption agency licensed pursuant to statute;
o a church; meaning a building erected or converted for use as a church, with regular services, used primarily for religious worship and schooling, reasonably construed as a church.
A person leaving an unharmed newborn infant with one of these providers is not guilty of abuse of a child based solely this action. (Ariz. Rev. Stat. § 13-3623.01(G)(2)).
A safe haven provider receiving a newborn infant voluntarily from a parent or agent of a parent voluntarily shall take custody such infant if the parent did not express an intent to return for the newborn infant and the provider reasonably believes that the child is a newborn infant. (Ariz. Rev. Stat. § 13-3623.01(B)). A newborn infant is one is seventy-two hours old or younger. (Ariz. Rev. Stat. § 13-3623.01(G)(1)).
Receipt of a newborn infant shall be reported to child protective services of the Department as soon as practicable after taking custody. (Ariz. Rev. Stat. § 13-3623.01(C)).
A parent (or his/her agent) leaving a newborn infant with a safe haven provider may remain anonymous, and the safe haven provider shall not require the person leaving the baby to answer any questions. (Ariz. Rev. Stat. § 13-3623(D)).
Records Access
At the time adoption consent is obtained, an agency, division or lawyer participating in a direct placement adoption shall:
• obtain a notarized statement granting or withholding permission for the adopted child to obtain identifying and non-identifying information about the child and the consenting birth parent when the child reaches eighteen years of age; and
• shall inform the birth parent when obtaining the notarized statement that a decision to grant or withhold may be changed by filing a notarized statement with the court at any time. The most recent notarized statement operates as consent for the court to grant or withhold identifying and non-identifying information.
(Ariz. Rev. Stat. §§ 8-106 (E)).
A licensed agency must have a written policy regarding the maintenance and security of their adoption records, consistent with statutory requirements. The policy must specify:
• personnel responsible for records supervision and maintenance;
• personnel having access to records; and
• procedures for releasing the records.
(Ariz. Admin. Code r. 6-5-7025)
Recognition of Foreign
An agency may not place a foreign child for adoption without authorization from the child's country of origin. (Ariz. Admin. Code r. 6-5-7040(A)).
The Department shall provide the names of international adoption agencies to prospective adoptive parents interested in adopting a foreign-born child. (Ariz. Admin. Code r. 6-5-6510(A)). The Department will not supervise such agencies unless the country in which the agency is provides no resources for such supervision. (Ariz. Admin. Code r. 6-5-6510(B)).
Financial Issues
Adoption Subsidies and Assistance
An adoption subsidy is a grant provided to a special needs child. (Ariz. Rev. Stat. § 8-141(A)(1), see also Ariz. Admin. Code r. 6-5-6704). The subsidized adoption program will be administered by the department. (Ariz. Rev. Stat. § 8-142(A)) As determined by the child's needs, the subsidy may be for special services and/or money payments, for a limited period or until the child is age 18. (Ariz. Admin. Code r. 6-5-6703).
A child is considered to be a special needs child when he/she is under age 18 and legally free to be adopted, who may otherwise not be adopted because of certain circumstances including:
• physical or mental disability;
• emotional disturbance;
• high risk of physical or mental disease;
• age;
• sibling relationship;
• racial or ethnic factors; or
• any combination of these circumstances.
(Ariz. Admin. Code r. 6-5-6704(D), see also Ariz. Admin. Code r. 6-5-6707(C)).
Money payments shall not exceed the current rate for foster family care and shall be automatically adjusted whenever foster family care rates are changed. The payments will be made on a monthly basis and issued to the adoptive parents. (Ariz. Admin. Code r. 6-5-6706(A)(1)).
If the subsidy is "time limited," payments will be for a specified period of time. A "long term" subsidy is paid for an unspecified period of time, not to continue after the child reaches age 18. A "delayed" subsidy is an agreement regarding anticipated future needs for money payment(s). (Ariz. Admin. Code r. 6-5-6706(A)(2)).
A special services subsidy is paid for expenses incurred in the provision of various services to meet the child's pre-existing or health-related needs/risks. (Ariz. Admin. Code r. 6-5-6704(G)). Claims for special service subsidies submitted more than 9 months after the date of the service will not be paid. (Ariz. Rev. Stat. § 8-142(B)) To be considered for a special services subsidy, the child must have a known, pre-existing condition that will require ongoing treatment after adoptive placement or, because of his/her genetic background or medical or social history, face a recognized high risk that a related physical or mental condition may later develop. (Ariz. Admin. Code r. 6-5-6706(B)(1)). Covered services covered include treatment of medical, dental and emotional conditions and other health related services, including physical therapy, rehabilitation training, speech and hearing therapy, and purchase or rental of wheelchairs, braces, crutches, prostheses, glasses and hearing aids. (Ariz. Admin. Code r. 6-5-6706(B)(2)). Attempts must be made to have these costs covered by other available public and voluntary resources. If the costs are fully covered by other resources, subsidy may still be approved to guarantee continued services to the child should the resources fail in the future. If a special education program is determined necessary, and no appropriate program is provided by a local district that can cover the costs in a non-public school program, the Department may supplement or pay full tuition. Before payment is approved, all authorized methods for payment by the Public School and the Department of Education must be exhausted. (Ariz. Admin. Code r. 6-5-6706(B)(3)).
Payments of the subsidy for health-related services and day treatment and special education are as limited by regulation. They will be paid directly to the adoptive parents, who will then pay the provider, with certain exceptions made for high cost health-related services. (Ariz. Admin. Code r. 6-5-6706(B)(4)). The adoption subsidy program may reimburse hospitals directly for inpatient and outpatient services. (Ariz. Rev. Stat. § 8-142.01)
Prospective adoptive parents, including foster parents who are already caring for a child, may apply to have the child certified for adoption subsidy. (Ariz. Admin. Code r. 6-5-6705(A)). If the child is in the custody of the Department or a licensed child-placing agency in Arizona when certified, he/she shall remain eligible and may receive the subsidy regardless of the domicile or residence of the adopting parents at any time in the adoption process. (Ariz. Admin. Code r. 6-5-6705(B)).
During the certification process, the special needs child shall be evaluated by qualified specialists before an adoptive family is selected. (Ariz. Admin. Code r. 6-5-6707(A)). To be classified as emotionally attached to his/her foster parents, the foster child shall:
• currently live in a foster home meeting the standards for adoption certification, except for the financial ability required; and
• have a psychiatric or psychological evaluation indicating the child has established such significant emotional ties with the foster parents as to be unable to readily accept another family; or
• have established such a meaningful relationship with the foster parents that the most appropriate plan is adoption by the foster parents, as determined by the Social Services Worker and Social Services Supervisor.
(Ariz. Admin. Code r. 6-5-6707(B)).
Department certification of a child appropriate for adoption subsidy shall be initiated by the child's Social Services Worker (Ariz. Admin. Code r. 6-5-6707(D)) or upon application by the adoptive parents. (Ariz. Admin. Code r. 6-5-6708(C)). Certification grounds may change at anytime after subsidy is approved and the adoptive placement made but prior to entry of the adoption. (Ariz. Admin. Code r. 6-5-6707(E)).
Each request for certification will be approved or denied by the Department and the approval may be made before the adoptive placement is made. (Ariz. Admin. Code r. 6-5-6707(F)-(G)). The decision must be made within 30 days of receipt of the application. (Ariz. Admin. Code r. 6-5-6708(D)).
To be approved for the subsidy program, the prospective adoptive parents must meet adoption agency standards, except for the requirement of financial ability to support the child. (Ariz. Admin. Code r. 6-5-6705(C), see also Ariz. Admin. Code r. 6-5-6708(A)-(B)). In order to be eligible for subsidy, the child must be in the custody of the Department and a ward of the court or in the custody of a licensed Arizona child-placing agency and legally free for adoption. (Ariz. Admin. Code r. 6-5-6705(D)).
An adoption subsidy agreement must be signed before the adoption order is entered. (Ariz. Admin. Code r. 6-5-6705(E)). The conditions and terms of the adoption subsidy may be set forth as specified by regulation. (Ariz. Admin. Code r. 6-5-6705(F)). Any direct benefits payable to the child shall be subtracted from the subsidy. (Ariz. Admin. Code r. 6-5-6705(G)).
The Department shall annually review all subsidies to determine the need for continuing or adjusting the subsidy. (Ariz. Admin. Code r. 6-5-6705(H)). Upon a material change of the child's or family's circumstances, the original subsidy agreement may be modified at the request of the family or the Department. (Ariz. Admin. Code r. 6-5-6710).
The subsidy will be suspended if the care, custody, and control of the child is changed to an agency or individual other that the adoptive parents, if the child's needs no longer exist. If the child is placed in foster care the subsidy shall be suspended while the child is out of the home. (Ariz. Admin. Code r. 6-5-6705(I)).
If the adoptive parents move out of state, the subsidy shall be continued so long as the child's need is confirmed and documented. (Ariz. Admin. Code r. 6-5-6705(J)).
The Department's responsibility for the administration of and management of the open cases in the adoption subsidy program is as defined by regulation. (Ariz. Admin. Code r. 6-5-6709, 6-5-6711).
Employee Benefits
Any group health plan providing coverage for dependent children shall provide the same benefits to any children placed with the plan's participants or beneficiaries for adoption, regardless of whether the adoption has become final. (Ariz. Rev. Stat. § 20-1692.01(A)). A child is an individual under age 18 as of the date of the adoption or placement for adoption. Ariz. Rev. Stat. § 20-1692(2).
Placement for adoption is the assumption and retention of a legal obligation for total or partial support of a child in anticipation of that child's adoption by a person. (Ariz. Rev. Stat. § 20-1692(4)).
There can be no restrictions made based on conditions preexisting at the time of the placement. (Ariz. Rev. Stat. § 20-1692.01(B)).
Inheritance Rights
An adoptee is the child of his/her adoptive parent(s), not of the natural parents. A child's adoption by the spouse of either natural parent has no effect on the relationship between the child and that natural parent or on the child's right (or a descendant of the child) to inherit from or through the other natural parent. (Ariz. Rev. Stat. § 14-2114(B)).
www.azleg.state.az.us/ArizonaRevisedStatutes.asp
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