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REFERENCE TITLE: DCS; misconduct; temporary custody; removal |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2507 |
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Introduced by Representative Townsend
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AN ACT
amending Title 8, chapter 4, article 1, Arizona Revised Statutes, by adding section 8-466; amending section 8‑821, Arizona Revised Statutes; amending title 8, chapter 4, article 9, Arizona Revised Statutes, by adding section 8‑821.01; amending section 8‑822, Arizona Revised Statutes; relating to the department of child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-466, to read:
8-466. Employee misconduct; violation; classification
A. A department employee may not knowingly do any of the following in regard to the employee's official duties on a matter before the department or the juvenile court pursuant to this chapter to influence the outcome of the matter:
1. Lie about the matter.
2. Withhold material information in regard to the matter.
3. Fabricate evidence.
B. An employee who violates this section is guilty of a class 6 felony.
Sec. 2. Section 8-821, Arizona Revised Statutes, is amended to read:
8-821. Taking into temporary custody; medical examination; placement; interference; violation; classification
A. A child shall be taken into temporary custody in proceedings to declare a child a temporary ward of the court to protect the child, pursuant to an order of the juvenile court on a petition by an interested person, a peace officer or a child safety worker under oath that reasonable grounds exist to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect. If a child is taken into temporary custody pursuant to this section, the child's sibling shall also be taken into temporary custody only if reasonable grounds independently exist to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect.
B. Except as provided in section 8‑821.01, a child may be taken into temporary custody by a peace officer, a child welfare investigator or a child safety worker if temporary custody is clearly necessary to protect the child because probable cause exists to believe that the child is either:
1. A victim or will imminently become a victim of abuse or neglect.
2. Suffering serious physical or emotional injury that can only be diagnosed by a medical doctor or psychologist.
3. Physically injured as a result of living on premises where dangerous drugs or narcotic drugs are being manufactured. For the purposes of this paragraph, "dangerous drugs" and "narcotic drugs" have the same meanings prescribed in section 13‑3401.
4. Reported by the department to be a missing child at risk of serious harm.
C. In determining if a child should be taken into temporary custody, the interested person, peace officer, child welfare investigator or child safety worker shall take into consideration:
1. As a paramount concern the child's health and safety.
2. Whether the parent is willing to participate in any services that are offered to the parent.
D. In addition to the considerations prescribed in subsection C of this section, before the department removes a child from the home without the consent of the parent or guardian of the child, the department shall consider whether the family can be provided emergency assistance or an opportunity to rectify the nonlife threatening issues of neglect in a reasonable amount of time to allow the child to remain safely at home. Nonlife threatening issues of neglect include presence of feces, undisposed garbage or exposed wiring and access to dangerous objects or harmful substances that present a substantial risk or harm. If the department determines that the child cannot be left safely at home under current conditions, the department shall consider whether the family can be provided emergency assistance to:
1. Allow the person alleged to have created the conditions of neglect to leave the home so other family members may provide the child protection.
2. Place the child with another relative or friend who can provide temporary care so that the court intervention is not necessary.
3. Allow the child and caregiver to leave the residence of the person alleged to have created the conditions of neglect.
4. Facilitate voluntary foster care placement.
D. E. A person who takes a child into custody pursuant to subsection B, paragraph 2 of this section shall immediately have the child examined by a medical doctor or psychologist. After the examination the person shall release the child to the custody of the parent or guardian of the child unless the examination reveals abuse or neglect. Temporary custody of a child taken into custody pursuant to subsection B, paragraph 2 of this section shall not exceed twelve hours.
E. F. A child who is taken into temporary custody pursuant to this article shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.
F. G. A child shall not remain in temporary custody for more than seventy‑two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed.
G. H. A person who knowingly interferes with the taking of a child into temporary custody under this section is guilty of a class 2 misdemeanor.
Sec. 3. Title 8, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 8-821.01, to read:
8-821.01. Removed from a child's home or school; warrant; definition
A. A peace officer, a child welfare investigator or a child safety worker may not remove a child from the child's home or school unless at least one of the following applies:
1. The peace officer, child welfare investigator or child safety worker obtains a warrant pursuant to this section.
2. Exigent circumstances exist.
3. The peace officer, child welfare investigator or child safety worker obtains a court order as provided in section 8‑821, subsection A.
4. The peace officer, child welfare investigator or child safety worker obtains the consent of the child's parent or guardian.
B. The juvenile court may issue a warrant authorizing a peace officer, child welfare investigator or child safety worker to remove a child from the child's home or school if it appears to the court that there is probable cause to believe that the child meets any of the conditions prescribed in section 8‑821, subsection B.
C. For the purposes of this section, "exigent circumstances" means circumstances in which a reasonable person would believe that a child is in danger of suffering severe bodily harm or death in the time it would take to obtain a warrant.
Sec. 4. Section 8-822, Arizona Revised Statutes, is amended to read:
8-822. Removal of child from home; rules and policies; approval; definition
A. 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.
B. The department shall apply its rules, policies and safety and risk assessment tools uniformly across this state.
C. Except as provided in subsection D of this section, the department may not remove a child from the custody of the child's parents, guardian or custodian unless both of the following occur before the removal:
1. The child safety worker who is recommending the removal submits the reasons for removal and supporting information to the worker's supervisor.
2. The worker's supervisor reviews the reasons and supporting information and approves the removal.
D. If an emergency exigent circumstance as defined in section 8‑821.01 exists affecting the health or safety of a child, a child safety worker may remove the child before notifying the worker's supervisor. The child safety worker shall submit the reasons for removal and supporting information to the worker's supervisor for the supervisor's review and approval within two hours after the removal of the child or, if the removal occurs after regular working hours, by 8:30 a.m. the next day.
E. For the purposes of this section, "supervisor" includes the permanent supervisor of a child safety worker and a temporary supervisor assigned to the child safety worker in the absence of the permanent supervisor.