HB2794 - 502R

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

Section 1. 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 section 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 notify 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 two members of the foster care review board who 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 who participate in the case conference 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 after the licensed foster parent informing notifies 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. 2. Section 8-822, Arizona Revised Statutes, is amended to read:

START_STATUTE8-822. Removal of child from home; review

The department 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 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 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 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 or registered nurse practitioner. If all reasonable efforts to reach the child's physician or registered nurse practitioner have been made and the physician or registered nurse practitioner is not available, the team shall include a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 and who is familiar with children's health care. If the child suffers from a chronic illness, at least one member of the team shall be a physician licensed pursuant to title 32, chapter 13 or 17. 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. 3. 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 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.

11. A statement that the parent or guardian must immediately provide to the department the names, type of relationship and all available information necessary to locate persons related to the child or who have a significant relationship with the child. If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent shall inform the department of this fact. If the parent or guardian obtains information regarding the existence or location of a relative or person with a significant relationship with the child the parent or guardian shall immediately provide that information to the department.

12. A statement that the parent or guardian must be prepared to provide to the court at the preliminary protective hearing the names, type of relationship and all available information necessary to locate persons related to the child or who have a significant relationship with the child.

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. 4. Section 8-828, Arizona Revised Statutes, is amended to read:

START_STATUTE8-828. Family advocacy office; duties; program termination

A. The family advocacy office is established in the department of economic security pursuant to rules adopted by the department. The director shall administer the office and shall provide staff for the office.

B. The office shall:

1. Respond to complaints regarding individual cases that involve the child welfare system.

2. On request immediately review the removal of a child before a petition for dependency is filed pursuant to this chapter.

3. 2. Assemble a multidisciplinary case consultation team to assist the office in its review of complaints. The team shall include public members who are appointed by the director and who are not department employees and who do not have a contract with the department. Public members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

4. 3. Establish a system to track all complaints it receives.

5. 4. Based on the information it receives pursuant to paragraph 4 3, submit a monthly report to the director on the following:

(a) The number, type and source of complaints received by each district office.

(b) The result of its investigations of each complaint.

C. The program established pursuant to this section ends on July 1, 2005 pursuant to section 41‑3102. END_STATUTE