Chapter 0006 - 462S - C Ver of HB2024

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-201, Arizona Revised Statutes, is amended to read:

START_STATUTE8-201. Definitions

In this title, unless the context otherwise requires:

1. "Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.

2. "Abuse" means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist pursuant to section 8‑821 and is caused by the acts or omissions of an individual having care, custody and control of a child. Abuse shall include includes:

(a) Inflicting or allowing sexual abuse pursuant to section 13‑1404, sexual conduct with a minor pursuant to section 13‑1405, sexual assault pursuant to section 13‑1406, molestation of a child pursuant to section 13‑1410, commercial sexual exploitation of a minor pursuant to section 13‑3552, sexual exploitation of a minor pursuant to section 13‑3553, incest pursuant to section 13‑3608 or child prostitution pursuant to section 13‑3212.

(b) Physical injury to a child that results from abuse as described in section 13-3623, subsection C.

3. "Adult" means a person who is eighteen years of age or older.

4. "Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8‑327 and 13‑501.

5. "Award" or "commit" means to assign legal custody.

6. "Child", "youth" or "juvenile" means an individual who is under the age of eighteen years.

7. "Complaint" means a written statement of the essential facts constituting a public offense that is any of the following:

(a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer.

(b) Made pursuant to section 13‑3903.

(c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13‑4261.

8. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court.

9. "Delinquency hearing" means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition.

10. "Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13‑501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.

11. "Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act.

12. "Department" means the department of economic security.

13. "Dependent child":

(a) Means a child who is adjudicated to be:

(i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.

(ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care, or.

(iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian, or any other person having custody or care of the child.

(iii) (iv) Under the age of eight years and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.

(iv) (v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13‑604.

(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.

14. "Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.

15. "Incorrigible child" means a child who:

(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.

(b) Is habitually truant from school as defined in section 15‑803, subsection C.

(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.

(e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.

(f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.

16. "Independent living program" includes a residential program with supervision of less than twenty‑four hours a day.

17. "Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.

18. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.

19. "Medical director of a mental health agency" means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director. The term includes the superintendent of the state hospital.

20. "Mental health agency" means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints.

21. "Neglect" or "neglected" means the inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent or guardian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.

22. "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.

23. "Prevention" means the creation of conditions, opportunities and experiences that encourage and develop healthy, self‑sufficient children and that occur before the onset of problems.

24. "Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible.

25. "Referral" means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act.

26. "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress.

27. "Serious emotional injury" means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:

(a) seriously Impairs mental faculties.

(b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment.

(c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child prostitution pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.

28. "serious physical injury" means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:

(a) Creates a reasonable risk of death.

(b) Causes serious or permanent disfigurement.

(d) Causes serious impairment of health.

(e) Causes the loss or protracted impairment of an organ or limb.

(f) Is the result of sexual abuse pursuant to section 13‑1404, sexual conduct with a minor pursuant to section 13‑1405, sexual assault pursuant to section 13‑1406, molestation of a child pursuant to section 13‑1410, child prostitution pursuant to section 13‑3212, commercial sexual exploitation of a minor pursuant to section 13‑3552, sexual exploitation of a minor pursuant to section 13‑3553 or incest pursuant to section 13‑3608.

27. 29. "Shelter care" means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community. END_STATUTE

Sec. 2. Section 8-201.01, Arizona Revised Statutes, is amended to read:

START_STATUTE8-201.01. Prohibitions

Notwithstanding any other provision of this chapter or chapter 3 or 10 of this title, :

1. no A child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall not, for that reason alone, be considered to be an abused, neglected or dependent child.

2. A child whose parent, guardian or custodian refuses to put the child on a psychiatric medication or questions the use of a psychiatric medication shall not be considered to be an abused, neglected or dependent child for that reason alone. END_STATUTE

Sec. 3. Title 8, chapter 2, article 2, Arizona Revised Statutes, is amended by adding sections 8-223 and 8-224, to read:

START_STATUTE8-223. Jury trials

A hearing to terminate parental rights that is held pursuant to section 8-537 or 8-863 shall be tried to a jury if a jury is requested by a parent, guardian or custodian whose rights are sought to be terminated. END_STATUTE

START_STATUTE8-224. Request for open hearing

A. A person who is the subject of an investigation under chapter 10 of this title may request that a hearing or trial relating to the dependency proceeding be open to the public. The court shall order the hearing to be open to the public unless the court determines for good cause that all or part of the hearing or trial should be closed. The court may receive evidence and shall make written findings in support of its decision.

B. The court shall notify a person who is the subject of an investigation under chapter 10 of this title of the right to request an open hearing or trial. END_STATUTE

Sec. 4. Section 8-304, Arizona Revised Statutes, is amended effective from and after June 30, 2004, to read:

START_STATUTE8-304. Investigation of alleged acts of delinquency, dependency, and incorrigibility

A. The law enforcement officer having jurisdiction in the place in which an act of delinquency or incorrigibility is alleged to have occurred shall have the responsibility for the complete investigation surrounding the alleged commission of the act.

B. A child protective services specialist of the ~~state~~ department of ~~economic security~~ shall have the responsibility for the complete investigation of all complaints of alleged dependency, and an extremely serious conduct allegation shall be investigated in cooperation with the appropriate law enforcement agencies and according to the protocols established pursuant to section 8-817. The ~~state~~ department shall be responsible for the disposition of such child unless the matter requires the intervention of the court. For the purposes of this subsection, "extremely serious conduct allegation" has the same meaning prescribed in section 8‑801.END_STATUTE

Sec. 5. Section 8-515.05, Arizona Revised Statutes, is amended to read:

START_STATUTE8-515.05. Removal of child from foster parent's home; requirements; notification; review

A. Unless a child is removed from a licensed foster parent, excluding a shelter care provider and receiving foster parent, to protect the child from harm or risk of harm, to place a child in a permanent placement, to reunite siblings, to place a child in a kinship foster home, to place a child in the least restrictive setting, to place a child in a therapeutic setting or to place a child in accordance with the Indian child welfare act (title 25 United States Code subsection 1915), the department shall inform the licensed foster parent of the department's intent to remove a child and place the child in another foster care placement. The department shall inform the licensed foster parent of the specific reason for the child's planned removal from the licensed foster parent.

B. If the licensed foster parent disagrees with the removal, the licensed foster parent shall inform the department within twenty‑four hours of being informed. If the licensed foster parent disagrees with the plan to remove the child and place the child in another foster home placement, the department shall convene a case conference to review the reasons for the removal. The licensed foster parent and a member two members of the foster care review board who participates participate in a removal review team shall participate in the case conference. A child shall not be removed unless a majority of the members of the review team agree that removal is necessary.

C. The department shall inform the licensed foster parent and the foster care review board of the time, date and location of the case conference to review the planned removal. The case conference shall be held within seventy‑two hours of the licensed foster parent informing the department that the licensed foster parent disagrees with the planned removal, excluding weekends and holidays. The child shall remain in the current placement pending the outcome of the case conference.

D. If, as a result of the case conference, it is the department's continued intent to move the child pursuant to subsection A and the licensed foster parent continues to disagree and the child:

1. Is in the court ordered physical custody of the licensed foster parent, a foster care review board member shall provide a recommendation to the court regarding the removal of the child before the change of physical custody. The child shall remain in the current placement pending a court order for removal.

2. Is not in the physical custody of the licensed foster parent, the licensed foster parent shall be advised of the department's conflict resolution process. The department shall expedite the conflict resolution process. The child shall remain in the current placement pending the outcome of the conflict resolution process. End_statute

Sec. 6. Section 8-517, Arizona Revised Statutes, is amended to read:

START_STATUTE8-517. Withdrawal from foster home

The division or agency that placed the child may withdraw a child from a foster home only when the division or agency determines that withdrawal is according to written, specific standards and is clearly necessary for the child's interests and welfare. The division may change the placement of a child made pursuant to section 8‑514.02 if such the change is necessary for the child's best interests and welfare. END_STATUTE

Sec. 7. Section 8-522, Arizona Revised Statutes, is amended to read:

START_STATUTE8-522. Dependency actions; special advocate; appointment; duties; immunity

A. The presiding judge of the juvenile court in each county may appoint an adult as a special advocate to be the guardian ad litem for a child who is the subject of a dependency action. The court shall make this appointment at the earliest possible stage in the proceedings. A child, through the child's guardian ad litem or attorney, has the right to be informed of, to be present at and to be heard in any proceeding involving dependency or termination of parental rights.

B. The supreme court shall certify special advocates pursuant to rules adopted by the court. Court rules for certification shall include compliance with qualification standards prescribed by the court.

C. The appointment of the special advocate continues until the court relieves the advocate of the advocate's responsibilities or until the court dismisses the action before it.

D. A special advocate serves without compensation but is entitled to reimbursement of expenses pursuant to guidelines prescribed by the supreme court by rule.

E. A special advocate shall:

1. Meet with the child.

2. Advocate for the child's safety as the first priority.

1. 3. Gather and provide independent, factual information to aid the court in making its decision regarding what is in the child's best interest and in determining if reasonable efforts have been made to prevent removal of the child from the child's home or in reunifying to reunite the child with the child's family.

2. 4. Provide advocacy to ensure that appropriate case planning and services are provided for the child.

3. 5. Perform other duties prescribed by the supreme court by rule.

F. A special advocate shall have access to all documents and information regarding the child and the child's family without obtaining prior approval of the child, the child's family or the court. All records and information the special advocate acquires, or reviews during the course of the advocate's appointment and all work products and reports produced by the special advocate are confidential and or produces may only be disclosed as provided for in section 41‑1959.

G. The special advocate shall receive notice of all hearings, staffings, investigations and other matters concerning the child. The special advocate shall have a right to participate in the formulation of any agreement, stipulation or case plan entered into regarding the child.

H. A special advocate is immune from civil or criminal liability for the advocate's acts or omissions in connection with the authorized responsibilities the special advocate performs in good faith. END_STATUTE

Sec. 8. Section 8-531, Arizona Revised Statutes, is amended to read:

START_STATUTE8-531. Definitions

In this article, unless the context otherwise requires:

1. "Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.

2. "Abuse" means the infliction of or allowing physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist pursuant to section 8‑821 and which is caused by the acts or omissions of an individual having care, custody and control of a child. Abuse shall include Inflicting or allowing sexual abuse pursuant to section 13‑1404, sexual conduct with a minor pursuant to section 13‑1405, sexual assault pursuant to section 13‑1406, molestation of a child pursuant to section 13‑1410, commercial sexual exploitation of a minor pursuant to section 13‑3552, sexual exploitation of a minor pursuant to section 13‑3553, incest pursuant to section 13‑3608 or child prostitution pursuant to section 13‑3212.

3. 2. "Agency" means an agency licensed by the division to place children for adoption.

4. 3. "Child" means a person less than eighteen years of age.

5. 4. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court of competent jurisdiction.

6. 5. "Custody" or "legal custody" means a status embodying all of the following rights and responsibilities:

(a) The right to have physical possession of the child.

(b) The right and the duty to protect, train and discipline the child.

(c) The responsibility to provide the child with adequate food, clothing, shelter, education and medical care, provided that such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person and subject to the residual parental rights and responsibilities if they have not been terminated by judicial decree.

7. 6. "Division" means the department of economic security.

8. 7. "Guardian ad litem" means a person appointed by the court to protect the interest of a minor or an incompetent in a particular case before the court.

9. 8. "Guardianship of the person" with respect to a minor means the duty and authority to make important decisions in matters affecting the minor including but not necessarily limited either in number or kind to:

(a) The authority to consent to marriage, to enlistment in the armed forces of the United States and to major medical, psychiatric and surgical treatment, to represent the minor in legal actions, and to make other decisions concerning the child of substantial legal significance.

(b) The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order.

(c) The rights and responsibilities of legal custody, except where legal custody has been vested in another individual or in an authorized agency.

(d) When the parent‑child relationship has been terminated by judicial decree with respect to the parents, or only living parent, or when there is no living parent, the authority to consent to the adoption of the child and to make any other decision concerning the child which the child's parents could make.

10. 9. "Juvenile court" means the juvenile division of the superior court.

11. "Neglect" or "neglected" means the inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, unless the inability of a parent or guardian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.

12. 10. "Parent" means the natural or adoptive mother or father of a child.

13. 11. "Parent‑child relationship" includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights.

14. 12. "Parties" includes the child, the petitioners and any parent of the child required to consent to the adoption pursuant to section 8‑106.

15. "Serious physical or emotional injury" means an injury diagnosed by a medical doctor or a psychologist that:

(a) Creates a reasonable risk of death.

(b) Causes serious or permanent disfigurement.

(d) Causes serious impairment of health.

(e) Causes the loss or protracted impairment of an organ or limb.

(f) Impairs mental faculties.

(g) Causes anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers severe dysfunction that requires treatment.

(h) Causes the infliction of or allows multiple or repeated acts of sexual abuse pursuant to section 13‑1404, sexual conduct with a minor pursuant to section 13‑1405, sexual assault pursuant to section 13‑1406, molestation of a child pursuant to section 13‑1410, commercial sexual exploitation of a minor pursuant to section 13‑3552, sexual exploitation of a minor pursuant to section 13‑3553, incest pursuant to section 13‑3608 or child prostitution pursuant to section 13‑3212.END_STATUTE

Sec. 9. Section 8-537, Arizona Revised Statutes, is amended to read:

START_STATUTE8-537. Termination adjudication hearing

A. If a petition for terminating the parent‑child relationship is contested, the court shall hold a termination adjudication hearing. The general public shall be excluded and only such persons admitted whose presence the judge finds to have a direct interest in the case or the work of the court, provided that such person so admitted shall not disclose any information secured at the hearing. The court may require the presence of any parties and witnesses it deems necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 8‑535, or has relinquished the parent's rights to the child shall not be required to appear at the hearing.

B. The court's or jury's findings with respect to grounds for termination shall be based upon clear and convincing evidence under the rules applicable and adhering to the trial of civil causes. The court or jury may consider any and all reports required by this article or ordered by the court pursuant to this article and such reports are admissible in evidence without objection.

C. If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8‑535, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent‑child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court. END_STATUTE

Sec. 10. Section 8-537, Arizona Revised Statutes, as amended by this act, is amended effective from and after December 31, 2006, to read:

START_STATUTE8-537. Termination adjudication hearing

Sec. 11. Title 8, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 8-800, to read:

START_STATUTE8-800. Purpose of child protective services

The primary purposes of child protective services are to protect children by investigating allegations of abuse and neglect, promoting the well-being of the child in a permanent home and coordinating services to strengthen the family and prevent, intervene in and treat abuse and neglect of children. END_STATUTE

Sec. 12. Section 8-801, Arizona Revised Statutes, is amended to read:

START_STATUTE8-801. Definitions

In this chapter, unless the context otherwise requires:

1. "Child protective services worker" or "worker" means a person who has been selected by and trained under the requirements prescribed by the department and who assists in carrying out the provisions of this article.

2. "Extremely serious conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child that, if true, would constitute any of the following:

(a) A violation of section 13-3623 involving child abuse.

(b) A felony offense that constitutes domestic violence as defined in section 13-3601.

(d) A violation of section 13-1405, 13-1410 or 13-1417.

(e) Any other act of abuse that is classified as a felony.

3. "In-home intervention" means a program of services provided pursuant to article 7 of this chapter while the child is still in the custody of the parent, guardian or custodian.

1. 4. "Protective services" means an identifiable and a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent dependency, intervene in and treat abuse and neglect, to promote the well‑being of the child in a permanent home and to coordinate services to strengthen the family. exploitation of children by reaching out with social services to stabilize family life and that seeks to preserve the family unit by focusing on families in which unresolved problems have produced visible signs of dependency or abuse and the home situation presents actual and potential hazards to the physical or emotional well‑being of children. The program shall seek to strengthen parental capacity and ability to provide child care.

2. "Protective services worker" or "worker" means a person who has been selected by and trained under the requirements prescribed by the department of economic security and who assists in carrying out the provisions of this article. END_STATUTE

Sec. 13. Section 8-802, Arizona Revised Statutes, is amended to read:

START_STATUTE8-802. Child protective services worker; powers and duties; alteration of files; violation; classification

A. The department shall employ child protective services workers shall be employed by the state department of economic security. The department shall not hire a person as a child protective services worker if the person has been convicted of an offense described in section 41‑1758.03, subsection B or C.

B. The department may cooperate with county agencies and community social services agencies to achieve the purposes of this section.

C. A child protective services worker shall:

1. Promote the safety and protection of children.

2. accept, screen and assess reports of abuse or neglect pursuant to section 8-817.

1. 3. Be prepared to Receive reports of dependent, abused or abandoned children and be prepared to provide temporary foster care for such children on a twenty‑four hour basis.

2. 4. Receive from any source oral or written information regarding a child who may be in need of protective services. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:

(a) The child initiates contact with the worker.

(b) The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to paragraph 3 5, subdivision (b) of this subsection.

3. 5. After the receipt and initial screening pursuant to rules adopted by the department under title 41, chapter 6 of any report or information pursuant to paragraph 1 2, 3 or 2 4 of this subsection, immediately do both of the following:

(a) Notify the municipal or county law enforcement agency.

(b) Make a prompt and thorough investigation of the nature, extent and cause of any condition which that would tend to support or refute the allegation that the child should be adjudicated dependent and the name, age and condition of other children in the home. An extremely serious conduct allegation shall be investigated according to the protocols established pursuant to section 8-817 with the appropriate municipal or county law enforcement agency as provided in section 8-817.

4. 6. Take a child into temporary custody as provided in section 8‑821. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary.

5. 7. After investigation, evaluate conditions created by the parents, guardian or custodian which that would support or refute the allegation that the child should be adjudicated dependent. The child protective services worker shall then determine whether any child is in need of protective services.

6. 8. Offer to the family of any child who is found to be a child in need of protective services those services that are designed to correct unresolved problems which that would indicate a reason to adjudicate the child dependent.

7. 9. Submit a written report of the worker's investigation to:

(a) The department's case management information system within twenty‑one days after receipt of the initial information except as provided in section 8‑811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department of economic security under this title, a copy of the report and any additional investigative or other related reports shall be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports.

(b) The appropriate court forty‑eight hours prior to before a dependency hearing pursuant to a petition of dependency or within twenty‑one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel.

8. 10. Accept a child into voluntary placement pursuant to section 8‑806.

D. No child shall remain in temporary custody for a period exceeding seventy‑two hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed. If no petition is filed and the child is released to the child's parent, guardian or custodian, the worker shall file a report of removal with the central registry within seventy‑two hours of the child's release. The report shall include:

1. The dates of previous referrals, investigations or temporary custody.

2. The dates on which other children in the family have been taken into temporary custody.

E. The department shall provide Child protective services workers who investigate allegations of abuse and neglect with training in forensic interviewing and processes, the protocols developed pursuant to section 8‑817 and relevant law enforcement procedures. All child protective services workers shall be trained in their duty to protect the legal rights of children and families from the time of the initial contact through treatment. The training for child protective services workers shall also include instruction on the legal rights of parents and the requirements for legal search and seizure by law enforcement officers.

E. F. Any person who alters a client file for the purpose of fraud or misrepresentation is guilty of a class 2 misdemeanor. END_STATUTE

Sec. 14. Section 8-803, Arizona Revised Statutes, is amended to read:

START_STATUTE8-803. Limitation of authority; duty to inform

A. Upon initial contact with a parent, guardian or custodian under investigation pursuant to this article, a Child protective services worker shall inform the family that the family is under investigation by the department, shall inform the parent, guardian or custodian of the specific complaint or allegation made against that person and shall make clear that the protective services worker has no legal authority to compel the family to cooperate with the investigation or to receive protective services offered pursuant to the investigation. The protective services worker shall inform the family of the worker's authority to petition the juvenile court for a determination that a child is dependent. The protective services worker shall inform the parent, guardian or custodian of that person's right to participate in the mediation program in the attorney general's office, to file a complaint with the ombudsman‑citizens aide pursuant to section 41‑1376 and to appeal determinations made by child protective services. The worker shall provide the telephone numbers of these state agencies. The protective services worker shall supply the information prescribed in this subsection and information outlining parental rights under the laws of this state in writing and shall make all reasonable efforts to receive written acknowledgment from the parent, guardian or custodian.

B. The Child protective services worker shall also inform the person about whom the report was made about that person's right to respond to the allegations either verbally or in writing, including any documentation, and to have this information considered in determining if the child is in need of protective services. The protective services worker shall tell the person that anything the person says or writes can be used in a court proceeding. If the person makes a verbal response, the protective services worker shall include the response in the written report of the investigation. If the person makes a written response, including any documentation, the protective services worker shall include this response and the documentation in the case file. Information provided in response to the allegations shall be considered during the investigation by the protective services worker. The protective services worker shall maintain the response and documentation in the case file and provide this information to the court before a hearing or trial relating to the dependency petition.

C. If the family declines to cooperate with the investigation or to accept or to participate in the offered services, or if the worker otherwise believes that the child should be adjudicated dependent, the worker may file with the juvenile court a petition requesting that the child in need of protective services be adjudicated dependent.

D. Refusal to cooperate in the investigation or to participate in the offered services does not constitute grounds for temporary custody of a child except if there is a clear necessity for temporary custody as provided in section 8‑821.END_STATUTE

Sec. 15. Section 8-804, Arizona Revised Statutes, is amended to read:

START_STATUTE8-804. Central registry; notification

A. The department of economic security shall maintain a central registry of reports of child abuse and neglect that are substantiated and the outcome of the investigation of these reports made under this article. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports.

B. Information contained in the central registry shall be used by the department only for the following purposes:

1. To conduct background checks as one factor to determine qualifications for foster home licensing, adoptive parent certification, child care home certification, registration of unregulated child care homes with the child care resource and referral system, and home and community based services certification for services to children.

2. To conduct background checks as one factor to determine qualifications for persons applying for employment with this state in positions that provide direct service to children or vulnerable adults and persons applying for contracts with this state, including employees of the potential contractor, for positions that provide direct service to children or vulnerable adults.

2. 3. To identify and review reports concerning individual children and families, in order to facilitate the assessment of risk.

3. 4. To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect.

4. 5. To allow comparisons of this state's statistical data with national data.

5. 6. To comply with section 8‑804.01, subsection B.

C. If the department received a report before September 1, 1999 and determined that the report was substantiated, the department shall maintain the report in the central registry until eighteen years from the child victim's date of birth.

D. If the department received a report on or after September 1, 1999 and determined that the report was substantiated, the department shall maintain the report in the central registry for twenty‑five years after the date of the report.

E. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections C and D of this section.

F. Any person who was the subject of a child protective services investigation may request confirmation that the department has purged information about the person pursuant to subsection E of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person. END_STATUTE

Sec. 16. Section 8-804.01, Arizona Revised Statutes, is amended to read:

START_STATUTE8-804.01. Maintenance of reports; records

A. All reports of child abuse and neglect and related records shall be maintained in the department's case management information system in accordance with the time frames established in the department's records retention schedule.

B. In addition to the purposes prescribed in section 8‑807, reports and related records maintained pursuant to subsection A of this section shall be used by the department only for the following purposes:

1. To assess the safety and risk to a child when conducting an investigation or identification of abuse or neglect.

2. To determine placement for a child that is the least restrictive setting.

3. To determine the type and level of services and treatment provided to the child and the child's family.

4. To assist in a criminal investigation or prosecution of child abuse or neglect.

5. To meet state and federal reporting requirements.

C. Notwithstanding section 8‑807 and except as otherwise provided by law, reports and related records maintained pursuant to subsection A of this section shall not be used for purposes of employment or background checks, except for background checks conducted pursuant to section 8‑804, subsection B, paragraph 1.

D. If probable cause exists that abuse or neglect of a child has occurred, the department shall record this finding. The department may make this finding independent of whether a specific person is identified as responsible for the abuse or neglect.

E. If the department is unable to locate a child who is the subject of a report of abuse or neglect, the department shall record its findings this finding separate from its other findings.

F. Subject to the requirements of sections 8‑804 and 8‑811, whenever possible, the department shall determine if a specific person is responsible for the abuse or neglect of a child.

G. For the purposes of this section, "records" has the same meaning prescribed in section 8‑807. END_STATUTE

Sec. 17. Repeal

Section 8-807, Arizona Revised Statutes, is repealed.

Sec. 18. Title 8, chapter 10, article 1, Arizona Revised Statutes, is amended by adding a new section 8-807, to read:

START_STATUTE8-807. CPS information; public record; use; confidentiality; violation; classification; definitions

A. CPS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to this state. All exceptions for the public release of cps information shall be construed as openly as possible under federal law.

B. If there is a reasonable need for the CPS information, the department, or a person who receives CPS information pursuant to this subsection, shall provide CPS information to a federal agency, a state agency, a tribal agency, a county or municipal agency, a county attorney, a school, a community service provider, a contract service provider or any other person that is providing services pursuant to this chapter:

1. To meet its duties to provide for the safety, permanency and well‑being of a child, provide services to a parent, guardian or custodian or provide services to family members to strengthen the family pursuant to this chapter.

2. To enforce or prosecute any violation involving child abuse or neglect, including provision of the CPS information to a defendant after a criminal charge has been filed.

C. The department shall disclose CPS information to a court, a party in a dependency or termination of parental rights proceeding or the party's attorney, the foster care review board or a court appointed special advocate for the purposes of and as prescribed in this title.

D. The department shall disclose CPS information to a domestic relations, family or conciliation court if the CPS information is necessary to promote the safety and well‑being of children. The court shall notify the parties that it has received the CPS information.

E. A person or agent of a person who is the subject of CPS information shall have access to CPS information concerning that person.

F. The department:

1. May provide CPS information to confirm, clarify or correct information concerning an allegation or actual instance of child abuse or neglect that has been made public by sources outside the department.

2. May provide and, on request, shall provide summary information regarding a fatality or near fatality caused by abuse or neglect.

3. May provide CPS information to a person who is conducting bona fide research, the results of which might provide CPS information that is beneficial in improving child protective services.

4. May provide access to CPS information to the parent, guardian or custodian of a child if the CPS information is reasonably necessary to promote the safety, permanency and well-being of the child.

G. Access to CPS information in the central registry shall be provided as prescribed in section 8-804.

H. To provide oversight of child protective services, the department shall provide access to CPS information to the following persons, if the CPS information is reasonably necessary for the person to perform the person’s official duties:

1. Federal or state auditors.

2. Persons conducting any accreditation deemed necessary by the department.

3. A standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives for purposes of conducting investigations related to the legislative oversight of the department of economic security. This information shall not be further disclosed.

4. A legislator who is responsible for oversight of the enabling or appropriating legislation to carry out these functions. This information shall not be further disclosed. To request a file pursuant to this paragraph:

(a) The legislator shall submit a written request for cps information to the presiding officer of the body of which the state legislator is a member. The request shall state the name of the person whose case file is to be reviewed and any other information that will assist the department in locating the file. The request shall also include the office of the department at which the legislator wants to review the file.

(b) The presiding officer shall forward the request to the department within five working days of the receipt of the request.

(c) The department shall make the necessary arrangements for the legislator to review the file at an office of the department, chosen by the legislator, within ten working days.

(d) The legislator shall sign a form, before reviewing the file, that outlines the confidentiality laws governing child protective services files and penalties for further release of the information.

5. A citizen review panel as prescribed by federal law, a child fatality review team as provided in title 36, chapter 35 and the office of ombudsman-citizen's aide.

I. A person who is not specifically authorized by this section to obtain CPS information may petition a judge of the superior court to order the department to release that CPS information. The Court shall balance the rights of the parties entitled to confidentiality pursuant to this section against the rights of the parties seeking release of the CPS information. The court may release otherwise confidential CPS information only if the rights of the parties seeking the CPS information and any benefits from releasing the CPS information sought outweigh the rights of the parties entitled to confidentiality and any harm that may result from releasing the CPS information sought.

J. Except as provided in subsection K of this section, Before it releases records under this section, the department shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of a person who reports child abuse or neglect and to protect any other person if the department believes that disclosure of the CPS information would be likely to endanger the life or safety of the person. The department is not required by this section to disclose CPS information if the disclosure would compromise the integrity of a child protective services or criminal investigation.

K. A person who is the subject of an unfounded report or complaint made pursuant to this chapter and who believes that the report or complaint was made in bad faith or with malicious intent may petition a judge of the superior court to order the department to release the CPS information. The petition shall specifically set forth reasons supporting the person's belief that the report or complaint was made in bad faith or with malicious intent. The court shall review the cps information in camera and the person filing the petition shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the person making the report or complaint would not be likely to endanger the life or safety of the person making the report or complaint, it shall provide a copy of the cps information to the person filing the petition and the original cps information is subject to discovery in a subsequent civil action regarding the making of the report or complaint.

L. The department shall provide the person who conducts a forensic medical evaluation with any records the person requests, including social history and family history regarding the child, the child's siblings and the child's parents or guardians.

M. The department shall provide CPS information on request to a prospective adoptive parent, foster parent or guardian, if the information concerns a child the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care for.

N. If the department receives information that is confidential by law, the department shall maintain the confidentiality of the information as prescribed in the applicable law.

O. A person may authorize the release of CPS information about the person but may not waive the confidentiality of CPS information concerning any other person.

P. The department may provide a summary of the outcome of a child protective services investigation to the person who reported the suspected child abuse or neglect.

Q. The department shall adopt rules to facilitate the accessibility of CPS information.

R. The department may charge a fee for copying costs required to prepare CPS information for release pursuant to this section.

S. A person who violates this section is guilty of a class 2 misdemeanor.

T. For the purposes of this section:

1. "CPS information" includes all information the department gathers during the course of a child protective services investigation conducted under this chapter from the time a file is opened and until it is closed. CPS information does not include information that is contained in child welfare agency licensing records.

2. "Near fatality" means an act that, as certified by a physician, places a child in serious or critical condition. END_STATUTE

Sec. 19. Section 8-808, Arizona Revised Statutes, is amended to read:

START_STATUTE8-808. Parent assistance program

A. A parent assistance program is established in the administrative office of the supreme court for the purpose of providing information to and assisting parents or guardians in understanding the process of removal of a child from the home. The administrative office of the supreme court shall establish parent assistance offices in counties having a population of four hundred thousand persons or more and shall provide twenty‑four hour telephone hot line access statewide.

B. The administrative office of the supreme court shall hire and employ staff, subject to legislative appropriation, for purposes relating to the functions of the parent assistance program.

C. The parent assistance program shall provide the following information to parents or guardians:

1. The parents' or guardians' legal rights, including the right to attend court or foster care review board hearings, and the child's legal rights.

2. The means for accessing personnel who can provide information on:

(a) The well‑being of the child who is removed from the home.

(b) The community resources that are available.

3. The procedures for requesting an attorney or a temporary custody hearing and the consequences of failure to make the request.

D. The administrative office of the supreme court shall maintain current statistics on the utilization of and types of calls received by the parent assistance program. The administrative office of the supreme court shall make the information available to the public on request and on the administrative office of the supreme court's web site.

E. The administrative office of the supreme court shall coordinate efforts with the department of economic security to provide each parent or guardian with written notice of the services offered by the parent assistance program at the time initial contact is made with a family. END_STATUTE

Sec. 20. Section 8-811, Arizona Revised Statutes, is amended to read:

START_STATUTE8-811. Hearing process; definitions

A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8‑804 and of that person's right:

1. To receive a copy of the report containing the allegation.

2. To a hearing before the entry into the central registry pursuant to section 8‑802, subsection C B, paragraph 7 9, subdivision (a).

B. The department shall send the notice prescribed in subsection A of this section by first class mail no more than fourteen days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the department within fourteen days after receipt of the notice.

D. The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8‑802, 8‑807 and 13‑3620.

E. If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation. If the department determines that there is no probable cause that the accused person engaged in the alleged conduct, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.

F. Notwithstanding section 41‑1092.03, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection E of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless:

1. The person is a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.

2. A court or administrative law judge has made findings as to the alleged abuse or neglect.

G. If the department does not amend the information or finding in the report as prescribed in subsection E of this section, the department shall notify the office of administrative hearings of the request for a hearing no later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days. The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.

H. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

1. A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.

2. A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

3. The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.

4. The reporting source is not required to testify.

5. A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

I. On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the accused engaged in the alleged conduct. If the administrative law judge determines that probable cause does not exist to sustain the department's finding, the administrative law judge shall order the department to amend the information or finding in the report.

J. When the department is requested to verify pursuant to section 8‑807, if the child protective services central registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998. If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding. If the child protective services report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing. The department shall not send this notification if the person was a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect were at issue. The provisions of this section shall apply to the person's appeal.

K. The department shall provide the parent, guardian or custodian who is the subject of the investigation and the person who reported the suspected child abuse or neglect if that person is the child's parent, guardian or custodian with a copy of the outcome of the investigation at one of the following times:

1. If the report is unsubstantiated.

2. If probable cause exists that abuse or neglect has occurred but a specific person is not identified as having abused or neglected the child.

3. After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.

4. After a final administrative decision has been made pursuant to section 41‑1092.08.

L. For the purposes of this section:

1. "Amend the finding" means to change the finding from substantiated to unsubstantiated.

2. "Amend the information" means to change information identifying the accused of having abused or neglected a child. END_STATUTE

Sec. 21. Section 8-816, Arizona Revised Statutes, is amended effective from and after June 30, 2004, to read:

START_STATUTE8-816. Family builders program; services; program termination; definitions

A. The family builders program is established in the department of economic security. The department shall implement the program through collaborative partnerships between child protective services, community social service agencies, family support programs and other community organizations, which may include faith‑based organizations, to establish a triage system that, :

1. Accepts, screens and assesses reports of abuse or neglect by using protocols developed by the department to determine which reports require investigation and intensive intervention by child protective services and which reports require referral for response or services by another agency, program or project. The department may investigate any report but shall conduct an investigation if the child’s situation is reported to be a high or moderate risk, appears to require immediate out‑of‑home placement or is related to allegations of sexual abuse by a parent, guardian or custodian.

2. through referral to a network of contracted neighborhood‑based agencies, provides a variety of community‑linked family preservation and support services to assist families to prevent and remedy conditions or circumstances that cause child abuse or neglect.

3. Provides further investigation and intensive intervention by child protective services of reports referred to another agency, program or project if the child is in imminent danger of abuse or neglect or if the child is at sufficient risk to require a child protective services investigation.

B. The department shall contract with neighborhood‑based agencies and organizations to conduct family assessments, provide case management and provide the necessary services to protect the child and support the family on referral from the department.

C. During the initial contact with a family, the provider shall:

1. Verbally inform the prospective program participants that child protective services referred the family to the provider because after investigation of a report of abuse or neglect.

2. Verbally inform the prospective program participants that they do not have to accept services.

3. Obtain the written, informed consent of the prospective program participants who choose to accept the services offered. The consent form shall include a description of the services offered and the rights and responsibilities of the program participants and a statement that emphasizes the voluntary nature of the program.

D. Contracts shall require that the provider establish a continuum of services for families through written agreements with community agencies and organizations to provide required services to families. The provider may purchase or obtain without cost the services of any agency or organization that may provide resources to assist the family.

E. Contracts shall require that the provider initiate a thorough family assessment and necessary services within forty‑eight hours, excluding weekends and holidays, after the provider receives the referral from the department.

F. The department shall provide information to the provider concerning the current report and may provide any information from records it deems appropriate. All information received by the provider regarding the report of abuse or neglect and department records is subject to the confidentiality requirements of section 8‑807. Information in the records of the provider concerning the families served by the program is available for the purposes of evaluating the program.

G. On receipt of a referral from child protective services, within forty‑eight hours the provider shall attempt to contact the family in person, initiate a family assessment with the consent of the family and offer to assist the family to obtain the services that are necessary to reduce or eliminate the causes for the initial information being received by child protective services and other identified needs of the family.

H. If at any time during the initial contact or during the course of service delivery the provider determines that the child is in imminent danger of abuse or neglect, the provider shall immediately report the case to the department or the appropriate law enforcement agency, or both, for appropriate action. In all cases the provider and any agency under subcontract to the provider shall retain records of information on initial and ongoing contact with the family and the final disposition of the case and shall provide this information to the department.

I. A family who is offered services by the provider may refuse to accept those services. The provider shall document the family’s refusal of services in the case record.

J. The provider shall conduct an assessment in the home and with the family's participation shall develop an initial plan within thirty days based on the family’s needs. The provider shall assist the family in identifying and providing appropriate services. The provider shall monitor the progress made by the family based on the plan expectations and shall conduct home visits to determine the safety of the child and any other children in the home at the time of the visit.

K. The department shall require that the provider establish a local advisory board composed of appropriate community representatives, including representation from families in the community and local public agencies. The local advisory board shall ensure that a continuum of services is provided for families and shall provide oversight to the program.

L. The department shall identify goals, objectives and outcomes for family builders programs.

M. If the department expands the program to new geographic areas, it shall hold at least one informational meeting to inform potential providers of the opportunity to bid on the contract. The department shall provide adequate public notice of each meeting to potential providers in the same manner as provided in section 41‑2533.

N. If a report is made pursuant to subsection A of this section, the department may direct the report to the contract provider. The department is then considered to have met the requirements of section 8‑304, subsection B and section 8‑802, subsection C. The department shall develop performance standards for the contracts, provide training to the provider or organization staff involved in service delivery to these families regarding child abuse and neglect and monitor the performance of the providers.

O. The program established by this section ends on July 1, 2010 pursuant to section 41‑3102.

P. For the purposes of this section:

1. "Department" means the department of economic security.

2. "Provider" means a community social services agency, family support program or community organization, including a faith‑based organization, that is awarded a contract by the department.

3. "Services" includes:

(a) Family assessment.

(b) Case management.

(d) Housing search and relocation.

(e) Parenting skills training.

(f) Supportive intervention and guidance counseling.

(g) Transportation.

(h) Emergency services.

(i) Intensive family preservation.

(j) Parent aide services.

(k) Respite services.

(l) Shelter services with parental consent.

(m) Additional services that the department determines are necessary to meet the needs of the families. END_STATUTE

Sec. 22. Title 8, chapter 10, article 1, Arizona Revised Statutes, is amended by adding sections 8-817, 8-818 and 8-819, to read:

START_STATUTE8-817. Initial screening and safety assessment and investigation protocols; investigations

A. The department shall develop initial screening and safety assessment protocols in consultation with the attorney general and statewide with county attorneys, chiefs of police, sheriffs, medical experts, victims' rights advocates, domestic violence victim advocates and mandatory reporters. Any initial screening and safety assessment tools shall be based on sound methodology and shall ensure valid and reliable responses. The department shall establish written policies and procedures to implement the use of the initial screening and safety assessment protocols.

B. In each county, the county attorney, the sheriff, the chief law enforcement officer for each municipality in the county and the department shall develop and implement protocols for cooperation in investigations of allegations involving extremely serious conduct. The protocols shall include:

1. The process for notification of receipt of extremely serious conduct allegations.

2. The standards for interdisciplinary investigations of specific types of abuse and neglect, including timely forensic medical evaluations.

3. The standards for interdisciplinary investigations involving native american children in compliance with the Indian child welfare act.

4. Procedures for sharing information.

5. Procedures for coordination of screening, response and investigation with other involved professional disciplines and notification of case status.

6. The training required for the involved child protective service workers, law enforcement officers and prosecutors to execute the investigation protocols, including forensic interviewing skills.

7. The process to ensure review of and compliance with the INVESTIGATION protocols and the reporting of activity under the protocols.

8. Procedures for an annual report to be transmitted within forty‑five days after the end of each fiscal year to the governor, the speaker of the house of representatives and the president of the senate.

9. Procedures for dispute resolution.

C. The department, the appropriate county attorney and the appropriate law enforcement agency shall cooperate in the investigation of every extremely serious conduct allegation in accordance with the investigation protocols established pursuant to this section.END_STATUTE

START_STATUTE8-818. Child protective services; financial and program accountability

A. The department, the office of strategic planning and budgeting and the joint legislative budget committee shall develop a financial and program accountability reporting system for child protective services.

B. The accountability reporting system shall include the following accountability factors:

1. Success in meeting training requirements.

2. Caseloads for child protective services workers.

3. The number of new cases, cases that remain open and cases that have been closed.

4. The ratio of child protective services workers to immediate supervisors.

5. Employee turnover, including a breakdown of employees who remain with the department and employees who leave the department.

6. The source and use of federal monies in child protective services.

7. The source and use of state monies in child protective services.

8. Any additional factor deemed necessary by the department, office and committee.

C. The department shall issue a financial and program accountability report to the governor and the chairpersons of the house of representatives appropriations and human services committees and the senate appropriations and family services committees, or their successor committees, on or before February 1 and August 1 of each year.

D. The department shall issue the first financial and program accountability report on or before August 1, 2004. In developing the financial and program accountability reporting system, the department, the office of strategic planning and budgeting and the joint legislative budget committee shall review the current reporting requirements of the department to eliminate duplication of reporting requirements and to coordinate reporting requirements. The department, the office of strategic planning and budgeting and the joint legislative budget committee shall also review the current information processing capabilities to report timely and accurate information. On or before July 1, 2004, the department shall report to the governor and the chairpersons of the house of representatives appropriations and human services committees and the senate appropriations and family services committees the measures to be used to report the accountability factors, including a definition of and the methods for determining these measures. END_STATUTE

START_STATUTE8-819. Determination of neglect

In determining if a child is neglected, consideration shall be given to:

1. the drug or alcohol abuse of the child’s parent, guardian or custodian.

2. The use by the mother of a dangerous drug, a narcotic drug or alcohol during pregnancy if the child, at birth or within a year after birth, is demonstrably adversely affected by this use. For the purposes of this paragraph, "dangerous drug" and "narcotic drug" have the same meaning prescribed in section 13‑3401. END_STATUTE

Sec. 23. Section 8-821, Arizona Revised Statutes, is amended to read:

START_STATUTE8-821. Taking into temporary custody; medical examination; placement; interference; classification

A. A child shall be taken into temporary custody in proceedings to declare a child a temporary ward of the court to protect the child, pursuant to an order of the juvenile court on a petition by an interested person, a peace officer or a child protective services worker under oath that reasonable grounds exist to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect. If a child is taken into temporary custody pursuant to this section, the child's sibling shall also be taken into temporary custody only if reasonable grounds independently exist to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect.

B. A child may be taken into temporary custody by a peace officer or a child protective services worker if temporary custody is clearly necessary to protect the child because probable cause exists to believe that the child is either:

1. Suffering A victim or will imminently suffer become a victim of abuse or neglect.

2. Suffering serious physical or emotional damage injury that can only be diagnosed by a medical doctor or psychologist.

3. physically injured as a result of Living on premises where dangerous drugs or narcotic drugs are being manufactured. For the purposes of this paragraph, "dangerous drugs" and "narcotic drugs" have the same meaning prescribed in section 13-3401.

C. In determining if a child should be taken into temporary custody, the interested person, peace officer or child protective services worker may take into consideration as a mitigating factor the participation of the parent or guardian in the healthy families program established by section 8‑701.

D. In determining if a child should be taken into temporary custody, the interested person, peace officer or child protective services worker shall take into consideration:

1. As a paramount concern the child's health and safety and shall consider as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.

2. Whether the parent is willing to participate in services provided pursuant to section 8-830.

E. A person who takes a child into custody pursuant to subsection B, paragraph 2 of this section shall immediately have the child examined by a medical doctor or psychologist. After the examination the person shall release the child to the custody of the parent or guardian of the child unless the examination reveals abuse or neglect. Temporary custody of a child taken into custody pursuant to subsection B, paragraph 2 of this section shall not exceed twelve hours.

F. A child who is taken into temporary custody pursuant to this article shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.

G. A child shall not remain in temporary custody for more than seventy‑two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed.

H. A person who knowingly interferes with the taking of a child into temporary custody under this section is guilty of a class 2 misdemeanor.END_STATUTE

Sec. 24. Section 8-822, Arizona Revised Statutes, is amended to read:

START_STATUTE8-822. Removal of child from home; review; review teams

The department of economic security shall adopt rules and establish clear policies and procedures, where appropriate, to:

1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian.

2. Ensure the immediate notification and timely interview of the child's parents, guardian or custodian regarding the removal of the child from home, school or child care and the timely interview of the child and the child’s parent, guardian or custodian.

3. Review each removal of a child which that is expected to result in a dependency petition to assess options other than continued out‑of‑home placement including in‑home services to the family. Such reviews shall be conducted before the dependency petition is filed. The review team shall consist of a protective services worker, a worker's supervisor and a member two members of the local foster care review board. If the child has a medical need or a chronic illness, the review team shall include the child's physician. If all reasonable efforts to reach the child's physician have been made and the physician is not available, the team shall include a physician who is licensed pursuant to title 32, chapter 13 or 17 and who is familiar with children's health care. A child shall not be removed unless a majority of the members of the review team agree that removal is necessary. If a majority of the members of the review team do not agree that removal is necessary, the child shall not be removed or, if the child has already been removed, the child shall be returned to the home.END_STATUTE

Sec. 25. Section 8-823, Arizona Revised Statutes, is amended to read:

START_STATUTE8-823. Notice of taking into temporary custody

A. If a child is taken into temporary custody pursuant to this article, the interested person, peace officer or child protective services worker taking the child into custody shall provide written notice within six hours to the parent or guardian of the child, unless:

1. The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.

2. The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty‑four hours.

3. The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.

B. The written notice shall contain a signature line for the parent or guardian to acknowledge receipt of the notice and both written and verbal notices. The written and verbal notices shall contain the name of the person and agency taking the child into custody, the location from which the child was taken and all of the following information:

1. Specific reasons as to why the child is being removed. The notice shall list the specific factors that caused the determination of imminent danger.

2. Services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman‑citizen's aide office and an explanation of the services that office offers.

3. The date and time of the taking into custody.

4. The name and telephone number of the agency responsible for the child.

5. A statement of the reasons for temporary custody of the child.

6. A statement that the child must be returned within seventy‑two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed and a statement that a child in temporary custody for examination pursuant to section 8‑821, subsection B, paragraph 2 must be returned within twelve hours unless abuse or neglect is diagnosed.

7. One of the following:

(a) If a dependency petition has not been filed or if the information prescribed in subdivision (b) is not available, a statement that if a dependency petition is filed, the parent or guardian will be provided a written notice no later than twenty‑four hours after the petition is filed that contains the information prescribed in subdivision (b).

(b) In all other cases, the date, time and place of the preliminary protective hearing to be held pursuant to section 8‑824 and the requirements of subsection D of this section.

8. A statement of the right of the parent or guardian to counsel and that counsel will be appointed pursuant to section 8‑221 through the juvenile court if a dependency petition is filed and the person is indigent.

9. Information regarding the ability of the person about whom the report was made to provide a verbal, telephonic or written response to the allegations. A verbal response shall be included in the written report of the investigation. A written response, including any documentation, shall be included in the case file. The response shall be provided to the removal review team if the response is made before the team considers the removal.

10. A statement that the hearing may result in further proceedings to terminate parental rights.

C. The protective services worker shall provide the parent or guardian with the notice even if the parent or guardian refuses to sign the acknowledgment.

D. Immediately before the time of the preliminary protective hearing, the persons described in section 8‑824, subsection B shall meet and attempt to reach an agreement about placement of the child, services to be provided to the child, parent or guardian and visitation of the child. The parties shall meet with their counsel, if any, before this meeting. Consideration shall be given to the availability of reasonable services to the parent or guardian and the child's health and safety shall be a paramount concern. The persons described in section 8‑824, subsection C may attend the meeting to reach an agreement.

E. If a dependency petition is filed by the department, the child protective services worker is responsible for delivering the notice of the preliminary protective hearing prescribed in subsection B, paragraph 7 of this section to the parent or guardian. In all other cases, the person who files the dependency petition is responsible for delivery of this notice to the parent or guardian. If the location of the parent or guardian is unknown, the person who is responsible for serving this notice shall make reasonable efforts to locate and notify the parent or guardian. END_STATUTE

Sec. 26. Section 8-829, Arizona Revised Statutes, is amended to read:

START_STATUTE8-829. Judicial determinations; timing; documentation

A. If a child has been removed from the child's home, the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods:

1. In the court's first order that sanctions the removal, whether continuation of the child's residence in the home would be contrary to the welfare of the child shall be made in the court's first order that sanctions the removal. This order may be the temporary order that the court issues on the filing of a dependency petition.

2. Within sixty days after the child is removed from the child's home, whether reasonable efforts have been made to prevent removal of the child or whether it was reasonable to make no efforts to prevent removal of the child shall be made within sixty days after the child is removed from the child's home.

3. Within twelve months after the child is removed from the child's home and once every twelve months thereafter, whether reasonable efforts have been made to finalize the existing permanency plan shall be made within twelve months after the child is removed from the child's home and once every twelve months after that determination.

B. The court shall make each determination described in subsection A on a case‑by‑case basis and shall set forth in its written order the specific factual basis for each determination. In making its determination, the court shall consider documentation that is reasonably available at the time of the determination.END_STATUTE

Sec. 27. Title 8, chapter 10, article 2, Arizona Revised Statutes, is amended by adding section 8-830, to read:

START_STATUTE8-830. Residential drug treatment center; services; program termination; definitions

A. The department shall contract with a provider to conduct family assessments, provide case management and provide the necessary services, including residential drug treatment services, to protect the child and support the family on referral from the department pursuant to section 8‑821.

B. The contract shall require that the provider establish a continuum of services for families through written agreements with community agencies and organizations to provide required services to families. The provider may purchase or obtain without cost the services of any agency or organization that may provide resources to assist the family.

C. The contract shall require that the provider initiate a thorough family assessment and necessary services as soon as PRACTICABLE after the provider receives the referral from the department.

D. The department shall provide information to the provider concerning the current report and may provide any information from records it deems appropriate. All information received by the provider regarding the report of abuse or neglect and department records is subject to the confidentiality requirements of section 8‑807. Information in the records of the provider concerning the families served by the program is available for the purposes of evaluating the program.

E. If at any time during the course of service delivery the provider determines that the child is in imminent danger of abuse or neglect, the provider shall immediately report the case to the department or the appropriate law enforcement agency, or both, for appropriate action. In all cases the provider and any agency under subcontract to the provider shall retain records of information on initial and ongoing contact with the family and the final disposition of the case and shall provide this information to the department.

F. The department shall require that the provider establish a local advisory board composed of appropriate community representatives, including representation from families in the community and local public agencies. The local advisory board shall ensure that a continuum of services is provided for families and shall provide oversight to the program.

G. The department shall develop performance standards for the contracts, provide training to the provider or organization staff involved in service delivery to these families regarding child abuse and neglect and monitor the performance of the providers.

H. The contract entered into pursuant to this section shall be for a term of ten years. The program established by this section ends on July 1, 2014 pursuant to section 41‑3102.

I. For the purposes of this section:

1. "Department" means the department of economic security.

2. "Provider" means a community or faith‑based provider that is awarded a contract by the department.

3. "Services" includes:

(a) Family assessment.

(b) Case management.

(d) Housing search and relocation.

(e) Parenting skills training.

(f) Supportive intervention and guidance counseling.

(g) Transportation.

(h) Emergency services.

(i) Intensive family preservation.

(j) Parent aide services.

(k) Residential drug treatment services.

(l) Additional services that the department determines are necessary to meet the needs of the families.END_STATUTE

Sec. 28. Section 8-842, Arizona Revised Statutes, is amended to read:

START_STATUTE8-842. Initial dependency and dependency adjudication hearings; deadlines

A. Except as provided in section 8‑826, the court shall set the initial dependency hearing within twenty‑one days after the petition is filed. If service by publication is required, the court may set an initial dependency hearing within a time period to allow for publication pursuant to the rules of procedure for the juvenile court.

B. The court may continue the initial dependency hearing for good cause, but, unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition. The time limit for completing the dependency adjudication hearing may be extended for up to thirty days if the court finds good cause or in extraordinary cases as prescribed by the supreme court by rule.END_STATUTE

Sec. 29. Section 8-843, Arizona Revised Statutes, is amended to read:

START_STATUTE8-843. Initial dependency hearing; rights

A. AT any dependency hearing, the court's primary consideration shall be the protection of a child from abuse or neglect.

A. B. At the initial dependency hearing, the court shall ensure that the parent or guardian has been advised of the following rights:

1. The right to counsel, including appointed counsel if the parent or guardian is indigent.

2. The right to trial by the court on the allegations in the petition.

3. The right to cross‑examine all witnesses that are called to testify against the parent or guardian.

4. The right to use the process of the court to compel the attendance of witnesses.

B. C. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection A of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.

C. D. If the parent or guardian denies the allegations in the petition, the court shall set the settlement conference, pretrial conference or mediation prescribed in section 8‑844.

D. E. The court shall also determine if reasonable efforts were made to prevent or eliminate the need for removal of a child from the child's home and if services are available that would eliminate the need for continued removal. If the child is:

1. In the custody of the department, the court shall order the department to make reasonable efforts to provide services to the child and parent to facilitate the reunification of the family, except as provided in section 8‑846.

2. Not in the custody of the department and the department is not a party, the court may direct the parties to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child. The court shall not require the department to provide services pursuant to this paragraph.

F. Notwithstanding any other provision of this section, the court may stay the proceedings and order in-home intervention as provided in article 7 of this chapter. END_STATUTE

Sec. 30. Section 8-846, Arizona Revised Statutes, is amended to read:

START_STATUTE8-846. Services provided to the child and family

A. Except as provided in subsection B of this section, if the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's parent to facilitate reunification of the family.

B. The court shall consider the following factors and reunification services are not required to be provided if the court finds by clear and convincing evidence that:

1. One or more of the following aggravating circumstances exist:

(a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.

(b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home.

(c) The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse.

(d) A child has suffered is the victim of serious physical or emotional injury as defined in section 8‑531 by the parent or guardian or by any person known by the parent or guardian, if the parent or guardian knew or reasonably should have known that the person was abusing the child.

(e) The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities.

(f) After a finding that a child is dependent, all of the following are true:

(i) A child has been removed from the parent or guardian on at least two previous occasions.

(ii) Reunification services were offered or provided to the parent or guardian after the removal.

(iii) The parent or guardian is unable to discharge parental responsibilities.

2. The parent or guardian of a child has been convicted of murder or manslaughter of a child, or of sexual abuse, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, or luring a minor for sexual exploitation.

3. The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in subsection B, paragraph 2 of this section subsection. END_STATUTE

Sec. 31. Section 8-847, Arizona Revised Statutes, is amended to read:

START_STATUTE8-847. Periodic review hearings

A. After the disposition hearing, the court shall hold periodic review hearings at least once every six months as required by federal law.

B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding:

1. The authorized agency charged with the child's care and custody.

2. Any foster parents in whose home the child resided within the last six months or resides at present, except for those foster parents who maintain a receiving foster home where the child has resided for thirty days or less. The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute.

3. A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than thirty days. The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph.

3. 4. The child's parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in section 8‑107.

4. 5. The child, if twelve years of age or older.

5. 6. The child's relative, as defined in section 8‑501, if that relative files a written notice of right of participation with the court.

6. 7. A person permitted by the court to intervene as a party in the dependency proceeding.

7. 8. A physical custodian of the child within the preceding six months.

8. 9. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster‑adoptive placement.

9. 10. Any other person as the court may direct.

C. At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern. END_STATUTE

Sec. 32. Section 8-863, Arizona Revised Statutes, is amended to read:

START_STATUTE8-863. Hearing to terminate parental rights; notice; grounds

A. At least ten days before the initial hearing on the termination of parental rights pursuant to this article, the party who is responsible for filing a motion pursuant to section 8‑862, subsection D shall serve the motion on all parties as prescribed in rule 5(c) of the Arizona rules of civil procedure, including any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster‑adoptive placement.

B. The court or jury may terminate the parental rights of a parent if the court or jury finds by clear and convincing evidence one or more of the grounds prescribed in section 8‑533.

C. If a parent does not appear at the hearing, the court, after determining that the parent has been served as provided in subsection A of this section, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent‑child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

D. Sections 8‑538 and 8‑539 apply to orders of termination issued pursuant to this section.END_STATUTE

Sec. 33. Section 8-863, Arizona Revised Statutes, as amended by this act, is amended effective from and after December 31, 2006, to read:

START_STATUTE8-863. Hearing to terminate parental rights; notice; grounds

B. The court or jury may terminate the parental rights of a parent if the court or jury finds by clear and convincing evidence one or more of the grounds prescribed in section 8‑533.

D. Sections 8‑538 and 8‑539 apply to orders of termination issued pursuant to this section.END_STATUTE

Sec. 34. Title 8, chapter 10, Arizona Revised Statutes, is amended by adding article 7, to read:

ARTICLE 7. IN-HOME INTERVENTION

START_STATUTE8-891. In-home intervention

A. After the filing of a dependency petition, the court may order in‑home intervention if all of the following are true:

1. the child has not been removed pursuant to article 2 of this chapter.

2. In-home intervention appears likely to resolve the risk issues described in paragraph 4.

3. The parent, guardian or custodian agrees to a case plan and participation in services.

4. one of the following conditions exist:

(a) The child is at risk of harm due to the inability or unwillingness of the parent, guardian or custodian to provide food, clothing, shelter or medical care.

(b) The parent, guardian or custodian is unable to provide proper care, control and supervision of the child.

B. The in-home intervention order may include a training or treatment plan for the parent, guardian or custodian and the child.

C. The in-home intervention shall include a specific time for completion of the in-home intervention, which shall not exceed one year without review and approval by the court. The court shall dismiss the dependency petition if the specific time for completion of the in-home intervention has expired without being extended by the court and a dependency adjudication hearing has not been set as provided in section 8‑892. END_STATUTE

START_STATUTE8-892. Compliance

If the parent, GUARDIAN or custodian violates the in-home intervention order, the court may take whatever steps it deems necessary to obtain compliance or may rescind the order and set the dependency adjudication hearing as provided in sections 8-842 and 8-843.END_STATUTE

Sec. 35. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2907.02, to read:

START_STATUTE13-2907.02. False reporting of child abuse or neglect; classification

A person who knowingly and intentionally makes a false report of child abuse or neglect knowing the report is false or a person who coerces another person to make a false report of child abuse or neglect knowing the report is false is guilty of a class 1 misdemeanor.END_STATUTE

Sec. 36. Section 25-403, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403. Custody; drug offenses; best interests of child; joint custody; domestic violence; modification of decree; fees

A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:

1. The wishes of the child's parent or parents as to custody.

2. The wishes of the child as to the custodian.

3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.

4. The child's adjustment to home, school and community.

5. The mental and physical health of all individuals involved.

6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.

7. Whether one parent, both parents or neither parent has provided primary care of the child.

8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.

9. Whether a parent has complied with chapter 3, article 5 of this title.

10. whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

B. In awarding child custody, the court may order sole custody or joint custody. This section does not create a presumption in favor of one custody arrangement over another. The court in determining custody shall not prefer a parent as custodian because of that parent's sex.

C. The court may issue an order for joint custody of a child if both parents agree and submit a written parenting plan and the court finds such an order is in the best interests of the child. The court may order joint legal custody without ordering joint physical custody.

D. The court may issue an order for joint custody over the objection of one of the parents if the court makes specific written findings of why the order is in the child's best interests. In determining whether joint custody is in the child's best interests, the court shall consider the factors prescribed in subsection A of this section and all of the following:

1. The agreement or lack of an agreement by the parents regarding joint custody.

2. Whether a parent's lack of agreement is unreasonable or is influenced by an issue not related to the best interests of the child.

3. The past, present and future abilities of the parents to cooperate in decision‑making about the child to the extent required by the order of joint custody.

4. Whether the joint custody arrangement is logistically possible.

E. Notwithstanding subsection N of this section, joint custody shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section 13‑3601 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.

F. Before an award is made granting joint custody, the parents shall submit a proposed parenting plan that includes at least the following:

1. Each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.

2. A schedule of the physical residence of the child, including holidays and school vacations.

3. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.

4. A procedure for periodic review of the plan's terms by the parents.

5. A statement that the parties understand that joint custody does not necessarily mean equal parenting time.

G. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.

H. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child's education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this subsection. A parent who attempts to restrict the release of documents or information by the custodian under this subsection without a prior court order is subject to appropriate legal sanctions.

I. The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child for the purposes of defining eligibility for public assistance. This finding does not diminish the rights of either parent and does not create a presumption for or against either parent in a proceeding for the modification of a custody order.

J. In a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.

K. If the court determines that a parent has been convicted of any drug offense under title 13, chapter 34 or any violation of section 28‑1381, 28‑1382 or 28‑1383 within twelve months before the petition or the request for custody is filed, there is a rebuttable presumption that sole or joint custody by that parent is not in the child's best interests. In making this determination the court shall state its:

1. Findings of fact that support its determination that the parent was convicted of the offense.

2. Findings that the custody or parenting time arrangement ordered by the court appropriately protects the child.

L. To determine if the person has rebutted the presumption established under subsection K of this section, at a minimum the court shall consider the following evidence:

1. The absence of any conviction of any other drug offense during the previous five years.

2. Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by title 13, chapter 34.

M. The court shall consider evidence of domestic violence as being contrary to the best interests of the child. The court shall consider the safety and well‑being of the child and of the victim of the act of domestic violence to be of primary importance. The court shall consider a perpetrator's history of causing or threatening to cause physical harm to another person.

N. If the court determines that a parent who is seeking custody has committed an act of domestic violence against the other parent, there is a rebuttable presumption that an award of custody to the parent who committed the act of domestic violence is contrary to the child's best interests. This presumption does not apply if both parents have committed an act of domestic violence. For the purposes of this subsection, a person commits an act of domestic violence if that person does any of the following:

1. Intentionally, knowingly or recklessly causes or attempts to cause sexual assault or serious physical injury.

2. Places a person in reasonable apprehension of imminent serious physical injury to any person.

3. Engages in a pattern of behavior for which a court may issue an ex parte order to protect the other parent who is seeking child custody or to protect the child and the child's siblings.

O. To determine if the parent has rebutted the presumption the court shall consider all of the following:

1. Whether the parent has demonstrated that being awarded sole custody or joint physical or legal custody is in the child's best interests.

2. Whether the parent has successfully completed a batterer's prevention program.

3. Whether the parent has successfully completed a program of alcohol or drug abuse counseling, if the court determines that counseling is appropriate.

4. Whether the parent has successfully completed a parenting class, if the court determines that a parenting class is appropriate.

5. If the parent is on probation, parole or community supervision, whether the parent is restrained by a protective order that was granted after a hearing.

6. Whether the parent has committed any further acts of domestic violence.

P. If the court finds that a parent has committed an act of domestic violence, that parent has the burden of proving to the court's satisfaction that parenting time will not endanger the child or significantly impair the child's emotional development. If the parent meets this burden to the court's satisfaction, the court shall place conditions on parenting time that best protect the child and the other parent from further harm. The court may:

1. Order that an exchange of the child must occur in a protected setting as specified by the court.

2. Order that an agency specified by the court must supervise parenting time. If the court allows a family or household member to supervise parenting time, the court shall establish conditions that this person must follow during parenting time.

3. Order the parent who committed the act of domestic violence to attend and complete, to the court's satisfaction, a program of intervention for perpetrators of domestic violence and any other counseling the court orders.

4. Order the parent who committed the act of domestic violence to abstain from possessing or consuming alcohol or controlled substances during parenting time and for twenty‑four hours before parenting time.

5. Order the parent who committed the act of domestic violence to pay a fee to the court to defray the costs of supervised parenting time.

6. Prohibit overnight parenting time.

7. Require a bond from the parent who committed the act of domestic violence for the child's safe return.

8. Order that the address of the child and the other parent remain confidential.

9. Impose any other condition that the court determines is necessary to protect the child, the other parent and any other family or household member.

Q. In determining whether the absence or relocation of a parent shall be weighed against that parent in determining custody or parenting time, the court may consider whether the absence or relocation was caused by an act of domestic violence by the other parent.

R. The court shall not order joint counseling between a victim and the perpetrator of domestic violence. The court may refer a victim to appropriate counseling and shall provide a victim with written information about available community resources related to domestic violence.

S. To determine if a person has committed an act of domestic violence the court, subject to the rules of evidence, shall consider all relevant factors including the following:

1. Findings from another court of competent jurisdiction.

2. Police reports.

3. Medical reports.

4. Child protective services records.

5. Domestic violence shelter records.

6. School records.

7. Witness testimony.

T. A person shall not make a motion to modify a custody decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health. At any time after a joint custody order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence pursuant to section 13‑1201 or 13‑1204, spousal abuse or child abuse occurred since the entry of the joint custody order. Six months after a joint custody order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. A motion or petition to modify a custody order shall meet the requirements of sections 25‑408 and 25‑411. Except as otherwise provided in subsection U of this section, if a custodial parent is a member of the United States armed forces, the court shall consider the terms of that parent's military family care plan to determine what is in the child's best interest during the custodial parent's military deployment.

U. For the purposes of a motion to modify a custody decree, the military deployment of a custodial parent who is a member of the United States armed forces is not a change in circumstances that materially affects the welfare of the child if the custodial parent has filed a military family care plan with the court at a previous custody proceeding and if the military deployment is less than six months.

V. The court shall assess attorney fees and costs against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment.

W. In a proceeding regarding sole custody or joint custody, either party may request attorney fees, costs and expert witness fees to enable the party with insufficient resources to obtain adequate legal representation and to prepare evidence for the hearing. If the court finds there is a financial disparity between the parties, the court may order payment of reasonable fees, expenses and costs to allow adequate preparation.

X. For any custody order entered under this section, the court shall determine an amount of child support in accordance with section 25‑320 and guidelines established pursuant to that section. An award of joint custody does not diminish the responsibility of either parent to provide for the support of the child.

Y. The court shall not request or order the services of the division of children and family services in the department of economic security unless it believes that a child may be the victim of child abuse or neglect as defined in section 8‑201. END_STATUTE

Sec. 37. Section 41-1291, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1291. Joint legislative committee on children and family services

A. The joint legislative committee on children and family services is established consisting of the following members who have an interest in and familiarity with issues and programs concerning children and family services:

1. Five members of the senate appointed by the president of the senate, not more than three of whom shall be members of the same political party. The president shall designate one member as cochairperson.

2. Five members of the house of representatives appointed by the speaker of the house of representatives, not more than three of whom shall be members of the same political party. The speaker shall designate one member as cochairperson.

B. The committee shall meet within thirty days of the presentation by a member of the legislature of a written constituent complaint and a written request to review. The committee shall also meet whenever committee members consider it necessary except that the committee shall not meet more than ten times each year unless the president of the senate and the speaker of the house of representatives agree to additional meetings. The committee shall meet at least annually to review child fatalities related to abuse or neglect. If the committee meets pursuant to a legislator's request to review, the legislator who made the request may be present when the committee reviews the case and may receive and review all information presented pertaining to the matter requested to be reviewed. On request of the person who is the subject of an investigation under review, the committee may meet with that person in executive session pursuant to section 38‑431.03 and without the presence of any representative of the department of economic security.

C. Six members constitute a quorum.

D. The committee shall:

1. Review reports of child abuse, neglect and dependency and actions taken by the department to protect children.

2. Have access to all child protective services records of the department on request of a chairperson of the committee or a majority vote of the committee.

1. 3. Monitor children and family services and legislative recommendations concerning children and family services.

2. 4. Provide a forum for persons to express their concerns about state programs that relate to children and family services.

3. 5. Make administrative and legislative recommendations concerning children and family services.

4. 6. Work with the ombudsman-citizens aide office to make systemic recommendations to improve the system that delivers services to children and families.

E. The committee has the authority conferred by law on legislative committees.

F. The committee may use the services of legislative staff. END_STATUTE

Sec. 38. Section 41-1953, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1953. Department organization; deputy director; assistant directors

A. The director may establish, abolish or reorganize the positions or organizational units within the department to carry out the functions provided by section 41‑1954, subject to legislative appropriation, if in the director's judgment the modification of organization would make the operation of the department more efficient, effective or economical. The director or the director's deputy shall enforce cooperation among the divisions in the provision and integration of all functions on the district and local level.

B. The director shall appoint a deputy director of the department with the advice and consent of the governor. The deputy director shall serve at the pleasure of the director. The deputy director shall be directly responsible for the operation and coordination of those services of the department concerning initial intake, screening, evaluation and referral of persons served by the department.

C. The director shall appoint an assistant director to head each organizational unit that the director may establish. Each assistant director shall serve at the pleasure of the director.

D. To the maximum extent possible, The director shall establish separate investigation units for the purpose of investigating allegations of dependency, abuse and neglect according to protocols established pursuant to section 8-817.

D. E. The department succeeds to the authority, powers, duties and responsibilities of the following:

1. The employment security commission of Arizona and its Arizona state employment service, unemployment compensation and administrative service divisions.

2. The state department of public welfare.

3. The division of vocational rehabilitation.

4. The state office of economic opportunity.

5. The state office of manpower planning.

6. The state department of mental retardation.

E. F. In the statutes, references to the agencies and departments listed in subsection D E shall be deemed to be references to the department of economic security or its appropriate divisions, offices or organizational units.END_STATUTE

Sec. 39. Section 41-1954, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1954. Powers and duties

A. In addition to the powers and duties of the agencies listed in section 41‑1953, subsection D E, the department shall:

1. Administer the following services:

(a) Employment services, which shall include manpower programs and work training, field operations, technical services, unemployment compensation, community work and training and other related functions in furtherance of programs under the social security act, as amended, the Wagner‑Peyser act, as amended, the federal unemployment tax act, as amended, 33 United States Code, the family support act of 1988 (P.L. 100‑485) and other related federal acts and titles.

(b) Individual and family services, which shall include a section on aging, services to children, youth and adults and other related functions in furtherance of social service programs under the social security act, as amended, title IV, grants to states for aid and services to needy families with children and for child‑welfare services, title XX, grants to states for services, the older Americans act, as amended, the family support act of 1988 (P.L. 100‑485) and other related federal acts and titles.

(c) Income maintenance services, which shall include categorical assistance programs, special services unit, child support collection services, establishment of paternity services, maintenance and operation of a state case registry of child support orders, a state directory of new hires, a support payment clearinghouse and other related functions in furtherance of programs under the social security act, title IV, grants to states for aid and services to needy families with children and for child‑welfare services, title XX, grants to states for services, as amended, and other related federal acts and titles.

(d) Rehabilitation services, which shall include vocational rehabilitation services and sections for the blind and visually impaired, communication disorders, correctional rehabilitation and other related functions in furtherance of programs under the vocational rehabilitation act, as amended, the Randolph‑Sheppard act, as amended, and other related federal acts and titles.

(e) Administrative services, which shall include the coordination of program evaluation and research, interagency program coordination and in‑service training, planning, grants, development and management, information, legislative liaison, budget, licensing and other related functions.

(f) Manpower planning, which shall include a state manpower planning council for the purposes of the federal‑state‑local cooperative manpower planning system and other related functions in furtherance of programs under the comprehensive employment and training act of 1973, as amended, and other related federal acts and titles.

(g) Economic opportunity services, which shall include the furtherance of programs prescribed under the economic opportunity act of 1967, as amended, and other related federal acts and titles.

(h) Mental retardation and other developmental disability programs, with emphasis on referral and purchase of services. The program shall include educational, rehabilitation, treatment and training services and other related functions in furtherance of programs under the developmental disabilities services and facilities construction act, Public Law 91‑517, and other related federal acts and titles.

(i) Nonmedical home and community based services and functions including department designated case management, housekeeping services, chore services, home health aid, personal care, visiting nurse services, adult day care or adult day health, respite sitter care, attendant care, home delivered meals and other related services and functions.

2. Provide a coordinated system of initial intake, screening, evaluation and referral of persons served by the department.

3. Adopt rules it deems necessary or desirable to further the objectives and programs of the department.

4. Formulate policies, plans and programs to effectuate the missions and purposes of the department.

5. Employ, determine the conditions of employment and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons as may be necessary in the performance of its duties, contract for the services of outside advisors, consultants and aides as may be reasonably necessary and reimburse department volunteers, designated by the director, for expenses in transporting clients of the department on official business.

6. Make contracts and incur obligations within the general scope of its activities and operations subject to the availability of funds.

7. Contract with or assist other departments, agencies and institutions of the state, local and federal governments in the furtherance of its purposes, objectives and programs.

8. Be designated as the single state agency for the purposes of administering and in furtherance of each federally supported state plan.

9. Accept and disburse grants, matching funds and direct payments from public or private agencies for the conduct of programs which are consistent with the overall purposes and objectives of the department.

10. Provide information and advice on request by local, state and federal agencies and by private citizens, business enterprises and community organizations on matters within the scope of its duties subject to the departmental rules on the confidentiality of information.

11. Establish and maintain separate financial accounts as required by federal law or regulations.

12. Advise with and make recommendations to the governor and the legislature on all matters concerning its objectives.

13. Have an official seal which shall be judicially noticed.

14. Annually estimate the current year's population of each county, city and town in this state, using the periodic census conducted by the United States department of commerce, or its successor agency, as the basis for such estimates and deliver such estimates to the economic estimates commission before December 15.

15. Estimate the population of any newly annexed areas of a political subdivision as of July 1 of the fiscal year in which the annexation occurs and deliver such estimates as promptly as is feasible after the annexation occurs to the economic estimates commission.

16. Establish and maintain a statewide program of services for persons who are both hearing impaired and visually impaired and coordinate appropriate services with other agencies and organizations to avoid duplication of these services and to increase efficiency. The department of economic security shall enter into agreements for the utilization of the personnel and facilities of the department of economic security, the department of health services and other appropriate agencies and organizations in providing these services.

17. Establish and charge fees for deposit in the department of economic security prelayoff assistance services fund to employers who voluntarily participate in the services of the department which provide job service and retraining for persons who have been or are about to be laid off from employment. The department shall charge only those fees necessary to cover the costs of administering the job service and retraining services.

18. Establish a focal point for addressing the issue of hunger in Arizona and provide coordination and assistance to public and private nonprofit organizations which aid hungry persons and families throughout this state. Specifically such activities shall include:

(a) Collecting and disseminating information regarding the location and availability of surplus food for distribution to needy persons, the availability of surplus food for donation to charity food bank organizations, and the needs of charity food bank organizations for surplus food.

(b) Coordinating the activities of federal, state, local and private nonprofit organizations that provide food assistance to the hungry.

(c) Accepting and disbursing federal monies, and any state monies appropriated by the legislature, to private nonprofit organizations in support of the collection, receipt, handling, storage and distribution of donated or surplus food items.

(d) Providing technical assistance to private nonprofit organizations that provide or intend to provide services to the hungry.

(e) Developing a state plan on hunger which, at a minimum, identifies the magnitude of the hunger problem in this state, the characteristics of the population in need, the availability and location of charity food banks and the potential sources of surplus food, assesses the effectiveness of the donated food collection and distribution network and other efforts to alleviate the hunger problem, and recommends goals and strategies to improve the status of the hungry. The state plan on hunger shall be incorporated into the department's state comprehensive plan prepared pursuant to section 41‑1956.

(f) Establishing a special purpose advisory council on hunger pursuant to section 41‑1981.

19. Establish an office to address the issue of homelessness and to provide coordination and assistance to public and private nonprofit organizations that prevent homelessness or aid homeless individuals and families throughout this state. These activities shall include:

(a) Promoting and participating in planning for the prevention of homelessness and the development of services to homeless persons.

(b) Identifying and developing strategies for resolving barriers in state agency service delivery systems that inhibit the provision and coordination of appropriate services to homeless persons and persons in danger of being homeless.

(c) Assisting in the coordination of the activities of federal, state and local governments and the private sector that prevent homelessness or provide assistance to homeless people.

(d) Assisting in obtaining and increasing funding from all appropriate sources to prevent homelessness or assist in alleviating homelessness.

(e) Serving as a clearinghouse on information regarding funding and services available to assist homeless persons and persons in danger of being homeless.

(f) Developing an annual state comprehensive homeless assistance plan to prevent and alleviate homelessness.

(g) Submitting an annual report by January 1, 1992 and each year thereafter to the governor, the president of the senate and the speaker of the house of representatives on the status of homelessness and efforts to prevent and alleviate homelessness.

20. Cooperate with the Arizona‑Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona‑Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona‑Mexico region.

B. If the department has responsibility for the care, custody or control of a child or is paying the cost of care for a child, it may serve as representative payee to receive and administer social security and veterans administration benefits and other benefits payable to such child. Notwithstanding any law to the contrary, the department:

1. Shall deposit, pursuant to sections 35‑146 and 35‑147, such monies as it receives to be retained separate and apart from the state general fund on the books of the department of administration.

2. May use such monies to defray the cost of care and services expended by the department for the benefit, welfare and best interests of the child and invest any of the monies that the director determines are not necessary for immediate use.

3. Shall maintain separate records to account for the receipt, investment and disposition of funds received for each child.

4. On termination of the department's responsibility for the child, shall release any funds remaining to the child's credit in accordance with the requirements of the funding source or in the absence of such requirements shall release the remaining funds to:

(a) The child, if the child is at least eighteen years of age or is emancipated.

(b) The person responsible for the child if the child is a minor and not emancipated.

C. Subsection B of this section does not pertain to benefits payable to or for the benefit of a child receiving services under title 36.

D. Volunteers reimbursed for expenses pursuant to subsection A, paragraph 5 of this section are not eligible for workers' compensation under title 23, chapter 6.

E. In implementing the temporary assistance for needy families program pursuant to Public Law 104‑193, the department shall provide for cash assistance to two parent families if both parents are able to work only upon documented participation by both parents in work activities described in title 46, chapter 2, article 5, except that payments may be made to families who do not meet the participation requirements if:

1. It is determined on an individual case basis that they have emergency needs.

2. The family is determined to be eligible for diversion from long‑term cash assistance pursuant to title 46, chapter 2, article 5.

F. The department shall provide for cash assistance under temporary assistance for needy families pursuant to Public Law 104‑193 to two parent families for no longer than six months if both parents are able to work, except that additional assistance may be provided on an individual case basis to families with extraordinary circumstances. The department shall establish by rule the criteria to be used to determine eligibility for additional cash assistance.

G. The department may establish a representative payee program to provide representative payee services to manage social security or supplemental security income benefits for persons who are receiving general assistance benefits pursuant to section 46‑233 and who require the services of a representative payee to manage social security or supplemental security income benefits. The department may use not more than an average of eight hundred fifty dollars for any one person annually from monies appropriated for general assistance benefits for the purpose of paying persons or agencies to provide representative payee services.

H. The department shall adopt the following discount medical payment system no later than October 1, 1993 for persons who the department determines are eligible and who are receiving rehabilitation services pursuant to subsection A, paragraph 1, subdivision (d) of this section:

1. For inpatient hospital admissions and outpatient hospital services the department shall reimburse a hospital according to the tiered per diem rates and outpatient cost‑to‑charge ratios established by the Arizona health care cost containment system pursuant to section 36‑2903.01, subsection H.

2. The department's liability for a hospital claim under this subsection is subject to availability of funds.

3. A hospital bill is considered received for purposes of paragraph 5 of this subsection upon initial receipt of the legible, error‑free claim form by the department if the claim includes the following error‑free documentation in legible form:

(a) An admission face sheet.

(b) An itemized statement.

(d) A discharge summary or an interim summary if the claim is split.

(e) An emergency record, if admission was through the emergency room.

(f) Operative reports, if applicable.

(g) A labor and delivery room report, if applicable.

4. The department shall require that the hospital pursue other third party payors before submitting a claim to the department. Payment received by a hospital from the department pursuant to this subsection is considered payment by the department of the department's liability for the hospital bill. A hospital may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.

5. For inpatient hospital admissions and outpatient hospital services rendered on and after October 1, 1997, if the department receives the claim directly from the hospital, the department shall pay a hospital's rate established according to this section subject to the following:

(a) If the hospital's bill is paid within thirty days of the date the bill was received, the department shall pay ninety‑nine per cent of the rate.

(b) If the hospital's bill is paid after thirty days but within sixty days of the date the bill was received, the department shall pay one hundred per cent of the rate.

(c) If the hospital's bill is paid any time after sixty days of the date the bill was received, the department shall pay one hundred per cent of the rate plus a fee of one per cent per month for each month or portion of a month following the sixtieth day of receipt of the bill until the date of payment.

6. For medical services other than those for which a rate has been established pursuant to section 36‑2903.01, subsection H, the department shall pay according to the Arizona health care cost containment system capped fee‑for‑service schedule adopted pursuant to section 36‑2904, subsection L or any other established fee schedule the department determines reasonable.

I. The department shall not pay claims for services pursuant to this section that are submitted more than nine months after the date of service for which the payment is claimed.

J. To assist in the location of persons or assets for the purpose of establishing paternity, establishing, modifying or enforcing child support obligations and other related functions, the department has access, including automated access if the records are maintained in an automated data base, to records of state and local government agencies, including:

1. Vital statistics, including records of marriage, birth and divorce.

2. State and local tax and revenue records, including information on residence address, employer, income and assets.

3. Records concerning real and titled personal property.

4. Records of occupational and professional licenses.

5. Records concerning the ownership and control of corporations, partnerships and other business entities.

6. Employment security records.

7. Records of agencies administering public assistance programs.

8. Records of the motor vehicle division of the department of transportation.

9. Records of the state department of corrections.

10. Any system used by a state agency to locate a person for motor vehicle or law enforcement purposes, including access to information contained in the Arizona criminal justice information system.

K. Notwithstanding subsection J of this section, the department or its agents shall not seek or obtain information on the assets of an individual unless paternity is presumed pursuant to section 25‑814 or established.

L. Access to records of the department of revenue pursuant to subsection J of this section shall be provided in accordance with section 42‑2003.

M. The department also has access to certain records held by private entities with respect to child support obligors or obligees, or individuals against whom such an obligation is sought. The information shall be obtained as follows:

1. In response to a child support subpoena issued by the department pursuant to section 25‑520, the names and addresses of these persons and the names and addresses of the employers of these persons, as appearing in customer records of public utilities and cable television companies.

2. Information on these persons held by financial institutions.

N. Pursuant to department rules, the department may compromise or settle any support debt owed to the department if the director or an authorized agent determines that it is in the best interest of the state and after considering each of the following factors:

1. The obligor's financial resources.

2. The cost of further enforcement action.

3. The likelihood of recovering the full amount of the debt.

O. Notwithstanding any law to the contrary, a state or local governmental agency or private entity is not subject to civil liability for the disclosure of information made in good faith to the department pursuant to this section.END_STATUTE

Sec. 40. Title 41, chapter 14, article 1, Arizona Revised Statutes, is amended by adding section 41-1966, to read:

START_STATUTE41-1966. Department of economic security; audit team; duties

A. The auditor general shall establish an audit team to be located in the department of economic security to provide ongoing performance review and analyses.

B. Pursuant to an audit plan adopted after review by the joint legislative audit committee, The audit team may:

1. Determine the validity and accuracy of information reported by the division to the legislature.

2. Perform other reviews and analyses relating to child protective services as set forth in the audit plan.

3. Review a specific division function or process relating to child protective services as requested by the joint legislative audit committee.

C. Pursuant to section 41-1279.04, the department shall provide the auditor general access to any data from the department, including electronic data, the auditor general deems necessary to perform the duties outlined in this section. this data shall be provided in the manner and format prescribed by the auditor general. END_STATUTE

Sec. 41. Laws 2003, chapter 208, section 1 is amended to read:

Section 1. Open juvenile proceedings; pilot projects; confidential records; report

A. The department of economic security, in collaboration with the superior court juvenile division in Maricopa county counties with a population of more than five hundred thousand persons shall implement a pilot project to open to the public at least five per cent but no more than ten per cent of the dependency, guardianship and termination of parental rights proceedings filed in the division and to determine if opening these proceedings to the public will promote due process while safeguarding privacy rights. In counties with a population of five hundred thousand or fewer persons but more than one hundred fifty thousand persons, the department of economic security, in collaboration with the superior court juvenile division shall implement a pilot project to open to the public at least five per cent of the dependency, guardianship and termination of parental rights proceedings filed in the division and to determine if opening these proceedings to the public will promote due process while safeguarding privacy rights. in counties with a population of one hundred fifty thousand or fewer persons, The department of economic security, in collaboration with the superior court juvenile division for each county shall implement a pilot project to open to the public at least five per cent but not more than ten per cent of the dependency, guardianship and termination of parental rights proceedings filed in the division and to determine if opening these proceedings to the public will promote due process while safeguarding privacy rights. The pilot project projects must comply with federal requirements that are prescribed as a condition to the allocation of federal monies to this state.

B. Except as provided in section 8-807, Arizona Revised Statutes, records relating to a proceeding that is open to the public pursuant to this section are not open to public inspection. available for public inspection, except that the following information shall not be accessible to the public:

1. Audiotapes or videotapes of a child alleging or describing physical abuse, sexual abuse or neglect of any child.

2. Portions of child protective services case records that identify reporters of abuse or neglect.

3. HIV test results.

4. Medical records, chemical dependency evaluations and records, psychological evaluations and records and psychiatric evaluations and records.

5. Sexual offender treatment program reports.

6. Portions of photographs that identify a child or records or portions of records that specifically identify a minor victim of an alleged or adjudicated sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13‑1406, molestation of a child pursuant to section 13-1410, child prostitution pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13‑3608.

7. Any document that the court, on its own motion or the motion of a party, orders inaccessible to serve the best interest of the child.

8. Records or portions of records that identify the name, address, home or location of any shelter care or foster care facility in which a child is placed pursuant to temporary custody care placement, foster care placement, preadoptive placement, adoptive placement or any other type of court ordered placement.

9. Personally identifiable information including the name, address, date of birth, social security number, tribal enrollment number, telephone or fax number, driver license number, places of employment, school identification or military identification number or any other distinguishing characteristic that tends to identify a particular person.

C. At the beginning of any proceeding, the court must ask the parties if there are any reasons the proceeding should be closed.

D. Before opening a proceeding to the public, the court shall consider:

1. Whether doing so is in the child's best interests.

2. Whether doing so would endanger the child's physical or emotional well-being or the safety of any other person.

3. The privacy rights of the child, the child's siblings, parents, guardians and caregivers and any other person whose privacy rights the court determines need protection.

4. Whether all parties have agreed to allow the proceeding to be open.

E. The court shall consider the request of a child to close the proceeding if the child is at least twelve years of age and a party to the proceeding.

F. If a hearing is open, at the beginning of the hearing the court shall admonish all attendees that they are prohibited by order of the court from disclosing outside the hearing personally identifiable information about the child, the child’s siblings, parents, guardians, or caregivers and any others mentioned in the hearing. A person who knowingly and voluntarily remains in the courtroom after the admonition submits to the jurisdiction of the court and shall abide by the orders of the court prohibiting disclosure of that information. Failure to abide by the orders shall be deemed contempt of court. The court shall explain contempt of court to all attendees, including observers, and the possible consequences of violating an order of the court. For the purposes of this subsection, "personally identifiable information" includes name, address, date of birth, social security number, tribal enrollment number, telephone or telefacsimile number, driver license number, places of employment, school identification or military identification number or any other distinguishing characteristic that tends to identify a particular person.

G. The court may close an open hearing at any time during the proceeding.

H. The department of economic security in collaboration with the superior court juvenile division in Maricopa county and the administrative office of the courts shall evaluate the impact and effectiveness of the pilot program and shall submit a written interim report of its findings to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court by January 1, 2004 and a final report on or before October November 15, 2004 2005.

I. The interim report shall include:

1. The number and type of proceedings that were open to the public.

2. The number of proceedings in which a person objected to the proceeding being open to the public.

3. The number and type of proceedings ordered closed by the court and the reason for this action.

4. The number and type of proceedings ordered closed at the request of a child who was at least twelve years of age.

5. The number of proceedings attended by a person who was not a party to the proceeding.

6. The satisfaction of participants in proceedings open to the public.

7. Whether and to what extent the opening of any proceedings resulted in an adverse effect upon the child or children who were the subject of the proceedings.

J. The final report shall include the information prescribed in subsection I of this section for the period ending on June September 30, 2004 2005 and a detailed analysis of the operational and fiscal implications of a statewide implementation of open court proceedings.

K. The department of economic security in collaboration with the appropriate superior court juvenile division and the administrative office of the courts shall evaluate the impact and effectiveness of the pilot program in each participating county other than Maricopa county and shall submit a written report of its findings to the governor, the president of the senate and the speaker of the house of representatives on or before November 15, 2005. The report may be submitted with the final report of the Maricopa County pilot project as required by subsection H of this section and The report shall contain the information prescribed in subsection I of this section for the period ending September 30, 2005.

Sec. 42. Laws 2003, chapter 208, section 3 is amended to read:

Sec. 3. Delayed repeal

Section 1 of this act is repealed from and after December 31, 2004 2005.

Sec. 43. Protocols for initial screening and safety assessments

The department of economic security shall develop the protocols for initial screening and safety assessments of child abuse and neglect allegations pursuant to section 8-817, Arizona Revised Statutes, as added by this act, on or before July 1, 2004.

Sec. 44. Protocols for joint investigations

The county attorney in each county, the county sheriff, the chief law enforcement officers of each municipality in the county and the department of economic security shall develop the protocols for joint investigations of extremely serious conduct allegations pursuant to section 8-817, Arizona Revised Statutes, as added by this act, on or before July 1, 2004.

Sec. 45. Delayed repeal

Section 8-223, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2006.

Sec. 46. Stipend; child protective services workers

The director of the department of economic security shall pay, from monies currently available to the department, a monthly stipend to each child protective services worker who has at least three years of experience as a child protective services worker and who investigates at least six allegations of dependency, abuse or neglect in a month. The amount of the stipend shall be ten per cent of the child protective services worker's monthly salary.

Sec. 47. Conforming legislation

The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the forty-sixth legislature, second regular session.

Sec. 48. Department of economic security; deficit plan exception

Notwithstanding section 35-131, Arizona Revised Statutes, until July 1, 2004, the department of economic security shall not be required to meet the provisions of section 35-131, subsection D, paragraph 2, Arizona Revised Statutes, with respect to child protective services. This exception is due to the substantial reforms enacted by the legislature pursuant to this act.

Sec. 49. Child protective services; caseload standards

The department of economic security shall develop and adopt its own specific child protective services caseload standards before July 1, 2004 and report these standards to the joint legislative committee on children and family services.

Sec. 50. Child protective services; evaluation criteria

A. The department of economic security shall establish evaluation criteria for child protective services. These criteria shall include:

1. Performance measures for employees to evaluate child protective services based on rankings of excellent, good, satisfactory or poor. The evaluation shall provide a mechanism for employees to provide suggestions for improvement of child protective services and the foster parent system.

2. Performance measures for foster parents to evaluate child protective services based on rankings of excellent, good, satisfactory or poor. The evaluation shall provide a mechanism for foster parents to provide suggestions for improvement of child protective services and the foster parent system.

3. Evaluations of ongoing improvements in child protective services made using scientific methodology. The department shall measure its success compared to other states using data that is offset for demographics and income. In an effort to improve performance, the department shall evaluate states that have performance with the greatest success.

B. The department shall conduct the evaluations pursuant to subsection A, paragraphs 1 and 2 twice a year. The department shall conduct the evaluations pursuant to subsection A, paragraph 3 once.

C. This section is repealed from and after December 31, 2005.

Sec. 51. Appropriations; purpose; exemption

A. The sum of $350,000 is appropriated from the state general fund in fiscal year 2003-2004, the sum of $250,000 is appropriated from the state general fund in fiscal year 2004-2005 and the sum of $75,000 is appropriated from the state general fund in fiscal year 2005-2006 to the department of economic security for the purpose of entering into the contract required by section 8-830, Arizona Revised Statutes, as added by this act.

B. Monies remaining unexpended and unencumbered from the appropriations made in this section on July 1 immediately following the end of the fiscal year for which the monies were appropriated revert to the state general fund on July 1 immediately following the end of the fiscal year for which the monies were appropriated.

Sec. 52. Appropriations; department of economic security; department of health services; purposes

A. The following sums are appropriated from the state general fund in fiscal year 2003-2004 to the department of economic security for the following child protective services:

1. $6,304,300 for the following purposes:

(a) $1,953,500 for 93 annual FTE positions and related expenses to meet national staffing standards for child protective service caseloads. The 93 annual FTE positions shall include 60 investigator and case manager positions and 33 support staff.

(b) $1,674,200 for 67 annual FTE positions and related expenses to fund a one hundred per cent investigation rate. The 67 annual FTE positions shall include 44 investigator and case manager positions and 23 support staff.

(c) $1,562,400 for performance-based compensation adjustments, classification adjustments or both at the discretion of the director of the department.

(d) $103,500 to replace obsolete information technical support equipment.

(e) $1,010,700 for family home foster care rate increase.

2. $10,300,000 to maintain current staffing and service levels for child protective services including adoption services, permanent guardianship and children services.

B. The sum of $25,000 and 1 FTE position is appropriated in fiscal year 2003-2004 from the state general fund to the department of health services for licensing.

C. Monies remaining unexpended and unencumbered from the appropriations made in this section revert to the state general fund on July 1, 2004.

D. The auditor general shall report monthly to the staff director of the joint legislative budget committee on the expenditure of the appropriations made in this section.

Sec. 53. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.