The Arizona Revised Statutes have been updated to include the revised sections from the 57th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 57th Legislature, 2nd Regular Session, which convenes in January 2026.
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This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
36-418.01 - Behavioral health facilities; dependent children; placement; report; definition
36-418.01. Behavioral health facilities; dependent children; placement; report; definition
A. If a foster child who is in the care, custody and control of the department of child safety is approved for placement in a behavioral health facility licensed pursuant to this chapter, the behavioral health facility may not deny or refuse placement of the foster child if, subject to the availability of a bed or space in the behavioral health facility, all of the following apply:
1. The foster child's behavioral needs are within the scope of services.
2. The foster child's placement in the behavioral health facility is clinically appropriate.
3. The foster child's placement in the behavioral health facility does not disrupt the environment of the behavioral health facility, including the behaviors and needs of other residents of the behavioral health facility.
4. The foster child's primary condition is a behavioral health condition.
B. If a behavioral health facility denies or refuses placement of the foster child pursuant to subsection A of this section, the behavioral health facility shall do both of the following:
1. Document the specific clinical reason for denying or refusing placement of the foster child.
2. Within twenty-four hours after denying or refusing placement of the foster child, notify the placement agency that the behavioral health facility's denial or refusal is necessary.
C. When possible, a behavioral health facility that denies or refuses placement of a foster child shall work collaboratively with the placement agency to explore alternative placements or additional supports for the foster child that may facilitate a successful placement of the foster child. The behavioral health facility shall document efforts made with the placement facility for successful placement of the foster child.
D. A behavioral health facility may not deny the placement of a foster child who requires medication management for a chronic physical health condition.
E. For the purposes of this section, "placement agency" means the department of child safety or any other agency that is authorized to approve a foster child for placement in a behavioral health facility or program.