Second Regular Session S.B. 1365
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1365
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"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 boards; complaint review; superior court review; failure to comply with court order
A. The state foster care review board shall establish one or more accountability boards as necessary to review 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 accountability board 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 accountability board shall review the information provided by the complainant and the department to determine if there is a reasonable basis for the complaint. If the accountability board finds that there is a reasonable basis for the complaint, the board shall forward the complaint and information to the superior court in the county in which the specific case is filed or in which it could be filed if it has not been filed.
D. If possible, a judge who does not hear cases pursuant to this chapter or chapter 10 of this title 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."
Amend title to conform
RICK MURPHY |