1. A. A provider may provide children’s behavioral health respite services for up to four recipients if at least two of the recipients are siblings.

2. B. For a behavioral health respite home that provides children’s behavioral health respite services, a provider shall:

   1. 1. Have a valid fingerprint clearance card according to A.R.S. § 36-425.03; and

   2. 2. Ensure that:

      1. a. If an adult other that a provider is present in the behavioral health respite home, the provider supervises the adult when and where a recipient is present;

      2. b. A recipient does not share a bedroom with:

         1. i. An individual that, based on the other individual’s developmental levels, social skills, verbal skills, and personal history, may present a threat to the recipient;
         2. ii. Except as provided in subsection (C), an adult; or
         3. iii. Except as provided in subsection (B)(2)(c), an individual that is not the same gender;
      3. c. A recipient may share a bedroom with an individual that is not the same gender if the individual is the recipient’s sibling;

      4. d. A bedroom used by a recipient:

         1. i. If the bedroom is a private bedroom, contains at least 60 square feet of floor space, not including the closet; or

         2. ii. If the bedroom is a shared bedroom:

            1. (1) Contains at least 100 square feet of floor space, not including a closet, for two individual occupying the bedroom or contains at least 140 square feet of floor space, not including a closet, for three individuals occupying the bedroom;
            2. (2) If there are four siblings occupying the bedroom, contains at least 140 square feet of floor space, not including a closet;
            3. (3) Provides space between beds or bunk beds; and
            4. (4) Provides sufficient space for an individual in the bedroom to have unobstructed access to the bedroom door;
         3. iii. For a recipient under three years of age, may contain a crib;
         4. iv. Except for a recipient under three years of age who has a crib, contains a bed for the recipient that is at least 36 inches wide and at least 72 inches long, and consists of at least a frame and mattress and clean linens; and
         5. v. Contains individual storage space for personal effects and clothing such as shelves, a dresser, or chest of drawers;
      5. e. Clean linens for a bed include a mattress pad, sheets large enough to tuck under the mattress, pillows, pillow cases, waterproof mattress covers as needed, and blankets to ensure warmth and comfort of a recipient;
      6. f. A recipient older than three years of age does not sleep in a crib;
      7. g. Clean and non-hazardous toys, educational materials, and physical activity equipment are available and accessible to recipients in a quantity sufficient to meet each recipient’s needs and are appropriate to each recipient’s age and developmental level; and
      8. h. The following are stored in a labeled container separate from food storage areas and inaccessible to a recipient:

      9. i. Materials and chemicals labeled as a toxic substance, and

         1. ii. Substances that have a child warning label and may be a hazard to a recipient.
3. C. If a recipient is younger than 2 years of age and sleeps in a crib, the recipient may sleep in a crib placed in a provider’s bedroom.

Historical Note

New Section R9-10-1612 renumbered from R9-10-1611 and amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2).