A. When the division has reason to believe that an agency or foster home is being conducted or maintained without a license, it shall make an investigation, and, if necessary, the division shall take action to prevent such continued operation.

Terms Used In Arizona Laws 8-507

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • department: means the department of child safety. See Arizona Laws 8-501
  • Foster home: means a home that is 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. See Arizona Laws 8-501
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

B. If an agency provides treatment or permits restrictive behavior techniques to be used, the agency shall obtain a license issued by the department of health services pursuant to Title 36, Chapter 4 or a child welfare agency license issued pursuant to this article.

C. The superior court shall have jurisdiction to issue an injunction restraining the operation of a child welfare agency or foster home without a license.

 

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