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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SENATE BILL 1365 |
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AN ACT
amending title 8, chapter 5, article 1, Arizona Revised Statutes, by adding section 8-515.06; relating to child welfare and placement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 8-515.06, to read:
8-515.06. Accountability; complaint review; court review; failure to comply with court order
A. The department shall establish a mechanism to direct complainants to the ombudsman-citizens aide pursuant to title 41, chapter 8, article 5 for review of complaints concerning the failure of the department to comply with statutes or rules that are applicable to a specific case that arises under this chapter or chapter 10 of this title.
B. The department shall provide the ombudsman-citizens aide with all the information in its possession relevant to the specific case that is the subject of the complaint, including CPS information pursuant to section 8‑807, subsection C.
C. The ombudsman-citizens aide shall review the information provided by the complainant and the department to determine if there is a reasonable basis for the complaint. If the ombudsman-citizens aide finds that there is a reasonable basis for the complaint, the ombudsman-citizens aide shall forward the complaint and information to the court.
D. a judge shall review the complaint and the information. If the judge needs more information, the judge may set an emergency hearing within three court days of notice of the hearing to accept additional evidence and hear testimony.
E. If the judge finds by a preponderance of the evidence that the department has not followed a statute or rule, the judge shall order the department to comply immediately with the statute or rule. Failure by the department to obey the order constitutes contempt of court.
F. If an employee of the department fails to comply with a court order issued pursuant to this section, the employee is subject to:
1. Discipline by suspension or termination.
2. Civil damages caused to any person aggrieved by the failure to comply with the court order.
G. The court's determination that the department failed to comply with a statute or rule in a specific case may be admitted in any action that examines the merits of the specific case as evidence of bad faith by the department.