COMMITTEE ON REFORM AND HUMAN SERVICES
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1365
(Reference to Senate engrossed bill)
Page 1, line 7, after "5" insert a period strike remainder of line; strike lines 8 through 10
Line 11, strike "provide" insert "make available to"; strike "with all"; strike lines 12 through 14, insert "information as described in section 41‑1376.01, subsection C and section 41‑1378, subsection D."
Line 16, after "complainant" strike remainder of line; strike lines 17 through 36, insert "pursuant to title 41, chapter 8, article 5.
Sec. 2. Section 8-530, Arizona Revised Statutes, is amended to read:
8-530. Foster parents; rights
A. A foster parent in this state has the following rights:
1. To be treated with consideration and respect for the foster parent's personal dignity and privacy.
2. To be included as a valued member of the team that provides services to the foster child.
3. To receive support services that assist the foster parent to care for the child in the foster home, including open and timely responses from agency personnel.
4. To be informed of all information regarding the child that will impact the foster home or family life during the care of the foster child.
5. To contribute to the permanency plan for the child in the foster home.
6. To have placement information kept confidential when it is necessary to protect the foster parent and the members of the foster parent's household.
7. To be assisted in dealing with family loss and separation when a child leaves the foster home.
8. To be informed of all agency policies and procedures that relate to the foster parent's role as a foster parent.
9. To receive training that will enhance the foster parent's skills and ability to cope as a foster parent.
10. To be able to receive services and reach personnel on a twenty‑four hour, seven days per week basis.
11. To be granted a reasonable plan for respite from the role of foster parent.
12. To confidentiality regarding issues that arise in the foster home.
13. To not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age or physical handicap.
14. To receive an evaluation on the foster parent's performance.
B. This section does not establish any legally enforceable right or cause of action on behalf of any person.
C. A foster parent in this state has the right to file a complaint with the ombudsman-citizens aide pursuant to section 41‑1376. The child protective services department, upon placing a child with a foster parent, shall provide a written form with the telephone number, address and email address of the ombudsman-citizens aide and an explanation of the services that office offers.
Sec. 3. Section 41-1376, Arizona Revised Statutes, is amended to read:
41-1376. Powers and duties
A. The ombudsman‑citizens aide shall:
1. Investigate the administrative acts of agencies pursuant to section 41‑1377, subsections A and B except as provided in section 41‑1377, subsections C, D and E. The ombudsman‑citizens aide shall investigate the administrative acts of an agency without regard to the finality of the administrative act.
2. Annually before January 1 prepare a written report to the governor, the legislature and the public that contains a summary of the ombudsman‑citizens aide's activities during the previous fiscal year. The ombudsman‑citizens aide shall semiannually present this report before the legislative council. This report shall include:
(a) The ombudsman‑citizens aide's mission statement.
(b) The number of matters that were within each of the categories specified in section 41‑1379, subsection B.
(c) Legislative issues affecting the ombudsman‑citizens aide.
(d) Selected case studies that illustrate the ombudsman‑citizens aide's work and reasons for complaints.
(e) Ombudsman‑citizens aide's contact statistics.
(f) Ombudsman‑citizens aide's staff.
3. Before conducting the first investigation adopt rules that ensure that confidential information that is gathered will not be disclosed.
4. Appoint a deputy ombudsman and prescribe the duties of employees or, subject to appropriation, contract for the services of independent contractors necessary to administer the duties of the office of ombudsman‑citizens aide. All staff serves at the pleasure of the ombudsman‑citizens aide, and they are exempt from chapter 4, articles 5 and 6 of this title. All staff shall be subject to the conflict of interest provisions of title 38, chapter 3, article 8.
5. Before conducting the first investigation, adopt rules that establish procedures for receiving and processing complaints, including guidelines to ensure each complainant has exhausted all reasonable alternatives within the agency, conducting investigations, incorporating agency responses into recommendations and reporting findings.
6. Notify the chief executive or administrative officer of the agency in writing of the intention to investigate unless notification would unduly hinder the investigation or make the investigation ineffectual.
7. Appoint an assistant assistants to help the ombudsman‑citizens aide investigate complaints relating to child protective services in the department of economic security. The assistant assistants shall have expertise in child protective services procedures and laws. Notwithstanding any law to the contrary, the ombudsman‑citizens aide and the assistant assistants have access to child protective services records and to any automated case management system used by child protective services in the department of economic security. Child protective services in the department of economic security shall adhere to section 41‑1376.01, subsection C and section 41‑1378, subsection D and may not edit their database to withhold information from the ombudsman-citizens aide.
B. After the conclusion of an investigation and notice to the head of the agency pursuant to section 41‑1379, the ombudsman‑citizens aide may present the ombudsman‑citizens aide's opinion and recommendations to the governor, the legislature, the office of the appropriate prosecutor or the public, or any combination of these persons. The ombudsman‑citizens aide shall include in the opinion the reply of the agency, including those issues that were resolved as a result of the ombudsman‑citizens aide's preliminary opinion or recommendation.
Sec. 4. Section 41-1379, Arizona Revised Statutes, is amended to read:
41-1379. Procedures after an investigation
A. If an opinion or recommendation of the ombudsman‑citizens aide is critical of a person or agency, the ombudsman‑citizens aide shall first consult with the person or agency before rendering the opinion or recommendation. A preliminary opinion or preliminary recommendation is confidential and shall not be publicly disclosed by any party.
B. The ombudsman‑citizens aide shall report the ombudsman‑citizens aide's opinion and recommendations to an agency, if the ombudsman‑citizens aide finds, after investigation, that:
1. A matter should be further considered by that agency.
2. A matter should be referred to the presiding officers of both houses of the legislature for further investigation or legislative action.
3. A statute or rule on which an administrative act is based should be amended.
4. An administrative act should be modified or cancelled.
5. Reasons should be given for an administrative act.
6. There are no grounds or there are insufficient grounds for action by the agency.
7. Any other action should be taken by the agency.
8. The agency's action was arbitrary or capricious, constituted an abuse of discretion or was not according to law.
9. A matter should be referred to the presiding judge of the county superior court, or that person's designee, for further judicial review and action.
C. The ombudsman‑citizens aide may request the agency to notify the office within a specified time of any action taken on his recommendations.
D. The ombudsman‑citizens aide shall notify the complainant of the ombudsman‑citizens aide's recommendations and the actions taken by the agency.
E. If the ombudsman‑citizens aide believes there is a breach of duty or misconduct by an officer or employee of an agency in the conduct of the officer's or employee's duty, the ombudsman‑citizens aide shall refer the matter to the chief executive officer of the agency, to the presiding officer of both houses of the legislature, to a prosecutor's office or to another appropriate official or agency."
Amend title to conform