SB1078 - 512R

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

Section 1. Title 8, Arizona Revised Statutes, is amended by adding chapter 14, to read:

CHAPTER 14

DEPARTMENT OF CHILD SERVICES

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE8-1201. Definition of director

In this chapter, unless the context otherwise requires, "director" means the director of the department of child services. END_STATUTE

START_STATUTE8-1202. Department; purpose

A. The department of child services is established.

B. The purposes of the department are to encompass the various institutions, facilities and programs that are now or may become a part of the children and families program of this state and to provide the supervisory staff and administrative functions at the state level of matters relating to children and families including:

1. Child protective services.

2. Services to children who have entered the juvenile corrections system.

3. The licensing and regulation of child care programs.

4. The licensing and regulation of foster homes.

5. Adoption certification. END_STATUTE

START_STATUTE8-1203. Director; appointment; qualifications; compensation

A. The governor shall appoint the director of the department pursuant to section 38-211. The director serves at the pleasure of the governor.

B. At a minimum, the director shall have qualifications and training that enable the director to manage the affairs of the department.

C. The director is eligible to receive compensation pursuant to section 38-611. END_STATUTE

START_STATUTE8-1204. Powers and duties

A. The director shall:

1. pROTECT CHILDREN.

2. sTRENGTHEN FAMILIES without COMPROMISING CHILD SAFETY.

3. Be open and accountable to the public for the actions of the department.

4. Maintain open public records, except that the department shall protect the identity and location of an alleged victim of abuse or neglect.

5. Employ deputy directors and other key personnel based on qualifications that are prescribed by the director.

6. Adopt rules to implement the purposes of the department and the duties and powers of the director.

B. The director may take any administrative action to improve the efficiency of the department.

C. The department shall administer individual and family services, including sections on 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.

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

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

2. May spend monies received pursuant to paragraph 1 of this subsection to defray the cost of care and services spent 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 monies received for each child.

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

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

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

E. Subsection D of this section does not pertain to benefits that are payable to or for the benefit of a child receiving services under title 36.

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

Sec. 2. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3025.01, to read:

START_STATUTE41-3025.01. Department of child services; termination July 1, 2025

A. The department of child services terminates on July 1, 2025.

B. Title 8, chapter 14 is repealed on January 1, 2026. END_STATUTE

Sec. 3. Succession

A. As provided by this act, the department of child services succeeds to the authority, powers, duties and responsibilities of the department of economic security and the department of health services as to those functions that are specifically enumerated in this act.

B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the department of economic security or the department of health services in existence before July 1, 2015.

C. Administrative rules and orders that were adopted by the department of economic security and the department of health services continue in effect until superseded by administrative action by the department of child services.

D. All administrative matters, contracts and judicial and quasi‑judicial actions that are related to the functions that are specifically enumerated in this act, whether completed, pending or in process, of the department of economic security and the department of health services on July 1, 2015 are transferred to and retain the same status with the department of child services.

E. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the department of economic security or the department of health services and that are related to the functions that are specifically enumerated in this act retain their validity as provided by law.

F. All equipment, records, furnishings and other property, all data and investigative findings and all appropriated monies that remain unexpended and unencumbered on July 1, 2015 of the department of economic security and the department of health services that are related to the functions that are specifically enumerated in this act, are transferred to the department of child services.

G. All personnel who are under the state personnel system, who are employed by the department of economic security or the department of health services and who perform functions that are specifically enumerated in this act are transferred to comparable positions and pay classifications in the respective administrative units of the department of child services on July 1, 2015.

Sec. 4. 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 fifty-second legislature, first regular session.

Sec. 5. Intent

A. The purpose of this act is to ensure that the first priority of the government of this state is to provide services to children and to protect children from abuse and neglect.

B. This act shall be liberally construed to effectuate the purposes of this act.

Sec. 6. Purposes of department of child services

Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the purposes of the department of child services are to encompass the various institutions, facilities and programs that are now or may become a part of the children and families program of this state and to provide the supervisory staff and administrative functions at the state level of all matters relating to children and families.

Sec. 7. Effective date

This act is effective from and after June 30, 2015.