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

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

   1. 1. Help the family obtain resources such as emergency food, shelter, clothing, or utilities, so that the child may safely remain in the home;
   2. 2. Enter into an agreement with the child’s parent, guardian, or custodian that provides for the alleged abuser to leave the home and for remaining family members to protect the child;
   3. 3. Help the protective parent, guardian, or custodian and the child leave the home of the alleged abuser; and
   4. 4. Place the child in a voluntary placement agreement as provided in A.R.S. § 8-806.
3. C. A DCS Investigator shall submit the reasons for temporary custody and the supporting information to a DCS Supervisor and obtain approval from the DCS Supervisor prior to taking temporary custody of a child, except as provided in A.R.S. § 8-822.
4. D. A DCS Investigator may take a child into temporary custody for a period of not more than 12 hours to have the child examined by a medical doctor or psychologist, if the circumstances indicate that there is reasonable likelihood to believe that a child has suffered serious physical or emotional harm as provided in A.R.S. § 8-821.
5. E. Under A.R.S. § 8-515.05, a DCS Investigator may remove a foster child from an out-of-home placement on an emergency basis to protect the child from harm or risk of harm without prior notification of the Department’s intent to remove.

Historical Note

New Section made by final exempt rulemaking at 21 A.A.R. 3252, effective January 26, 2016 (Supp. 15-4).