|
REFERENCE TITLE: DCS report consolidation |
|
State of Arizona Senate Fifty-third Legislature First Regular Session 2017
|
|
SB 1361 |
|
|
|
Introduced by Senator Brophy McGee
|
AN ACT
amending sections 8‑462, 8‑471, 8‑514.03, 8‑521, 8‑526, 8‑812 and 8‑817, Arizona Revised Statutes; repealing section 8‑818, 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. Section 8-462, Arizona Revised Statutes, is amended to read:
8-462. Housing assistance
A. Notwithstanding any other provision in this title, the department may provide special housing assistance in the form of vendor payments to achieve permanency for children who are involved in open child safety services cases. The child's family may qualify for this special housing assistance only if the lack of adequate housing is a significant barrier preventing the child from being reunited with or being able to remain with the child's family or other caretakers who will provide permanency for the child. The amount of housing assistance provided by the department for each family for an incident shall not exceed one thousand eight hundred dollars during a six month period. The housing assistance may only be used for rent, utilities, deposits and arrears. The department may provide housing assistance only if other resources are unavailable.
B. The case plan for the child and family shall contain a reference to the lack of adequate housing.
C. The case notes shall reflect barriers that the family faces in obtaining adequate housing, a specific, time oriented plan for phasing out the need of the family for continued housing assistance, the actions that are being taken by the family for economic self‑sufficiency and a complete financial picture of the family at the time of application to the program, including housing related expenses and income, including entitlements.
D. For the period a family is receiving housing assistance, the department shall provide case management services that include monitoring the financial situation of the family.
E. The department shall make the following information regarding the housing assistance program available to the public on request and on the department's web site:
1. The number of children and families, by district, receiving services through this program during the previous fiscal year.
2. The total amount of monies spent on the program by district.
3. A programmatic and fiscal evaluation of the effectiveness of this program which includes the amount of monies saved by reducing foster care expenditures.
F. The department may adopt rules to carry out this section.
Sec. 2. Section 8-471, Arizona Revised Statutes, is amended to read:
8-471. Office of child welfare investigations; training; responsibilities
A. The director shall establish the office of child welfare investigations within the department. The director is responsible for the direction, operation and control of the office.
B. The duties of the office include investigating criminal conduct allegations, coordinating with other parts of the department and law enforcement, establishing task forces for the investigation of criminal conduct and other duties as may be assigned by the director.
C. The office shall employ child welfare investigators who have received training to understand law enforcement's role in cases of criminal child abuse or neglect and in social services offered by the department. The office may employ research analysts and peace officers for the purpose of obtaining an originating agency identification number to have direct access to criminal history report information. Each person hired by the office is an employee of the department, is subject to title 41, chapter 4, article 4 and shall comply with the fingerprint requirements of section 8‑802.
D. The department, in coordination with the Arizona peace officer standards and training board, shall provide child welfare investigators with training. The training shall be, at a minimum, in the following areas:
1. First responder training on responding to reports of child abuse.
2. Forensic interviewing and processes.
3. Child physical and sexual abuse investigation.
4. The protocols established pursuant to section 8‑817.
5. Relevant law enforcement procedures, including the collection and preservation of evidence.
6. A child's constitutional rights as a victim of a crime pursuant to article II, section 2.1, Constitution of Arizona.
7. Impact and intervention practices related to adverse childhood experiences, culturally and linguistically appropriate service delivery, domestic violence, family engagement, communication with special populations and trauma informed responses.
8. Any other training as directed by the director.
E. A child welfare investigator shall:
1. Protect children.
2. Assess, respond to or investigate all criminal conduct allegations, which shall be a priority, but not otherwise exercise the authority of a peace officer.
3. Not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:
(a) The child initiates contact with the investigator.
(b) The child who is interviewed is the subject of, is the sibling of or is living with the child who is the subject of an abuse or abandonment investigation pursuant to paragraph 4, subdivision (b) of this subsection.
(c) The interview is conducted pursuant to the terms of the protocols established pursuant to section 8‑817.
4. After the receipt of any report or information pursuant to paragraph 2 of this subsection, immediately do both of the following:
(a) Notify the appropriate municipal or county law enforcement agency if they have not already been notified.
(b) Make a prompt and thorough investigation of the nature, extent and cause of any condition that would tend to support or refute the report of child abuse or neglect when investigating allegations pursuant to paragraph 2 of this subsection. A criminal conduct allegation shall be investigated with the appropriate municipal or county law enforcement agency according to the protocols established pursuant to section 8‑817.
5. Take a child into temporary custody as provided in section 8‑821. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian pursuant to section 8‑821. A child welfare investigator who is responding to or investigating a report containing a criminal conduct allegation shall have the primary responsibility for making the decision whether to take a child into temporary custody.
6. Evaluate conditions created by the parents, guardian or custodian that would support or refute the allegation that the child should be adjudicated dependent. The investigator shall then determine whether any child is in need of child safety services.
7. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel within the department to preclude violations of a court order in the provision of any services.
8. On initial contact with the parent, guardian or custodian of a child who is the subject of an investigation pursuant to this section, provide the parent, guardian or custodian with the allegation received by the department. This paragraph does not require the department to disclose details or information that would compromise an ongoing criminal investigation.
9. Have access to all records and information of the department necessary to carry out this section.
F. Unless a dependency petition is filed, a child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding Saturdays, Sundays and holidays. If a petition is not filed, the child shall be released to the child's parent, guardian or custodian.
G. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.
H. The office of child welfare investigations shall submit a report by August 15 each year to the governor, the speaker of the house of representatives, the president of the senate and the secretary of state that includes the following information for the most recently completed fiscal year:
1. The number of DCS reports that involve criminal conduct allegations.
2. The number of joint investigations conducted pursuant to section 8‑817.
3. For each case in which a joint investigation did not occur pursuant to section 8‑817, the reasons why the joint investigation did not occur.
I. H. All records gathered or created by the department during an investigation conducted under this section are confidential and shall be protected and released as prescribed in sections 8‑807 and 8‑807.01, except the department shall not release records if the department determines that the release of these records may compromise an ongoing investigation.
J. I. Notwithstanding any other law, the office of child welfare investigations is not responsible for conducting the criminal investigation of a criminal conduct allegation.
Sec. 3. Section 8-514.03, Arizona Revised Statutes, is amended to read:
8-514.03. Kinship foster care; requirements; investigation
A. The department shall establish kinship foster care services for a child who has been removed from the child's home and is in the custody of the department. The program shall promote the placement of the child with the child's relative for kinship foster care.
B. A kinship foster care parent applicant who is not a licensed foster care parent shall be at least eighteen years of age. The applicant and each member of the applicant's household who is at least eighteen years of age shall submit a full set of fingerprints to the department of child safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of child safety shall determine if the applicant is able to meet the child's health and safety needs by conducting one or more home visits and interviewing the applicant. The department of child safety may interview other household members, review the applicant's personal and professional references and conduct department of child safety central registry checks.
C. If the department determines that a kinship foster care placement is not in the best interest of the child, the department shall provide written notification to the applicant within fifteen business days. The notice shall include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision.
D. A kinship foster care parent may be eligible to receive the following financial services for the child:
1. Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home.
2. Temporary assistance for needy families cash assistance payments for a child only case and supplemental financial support.
E. The department shall establish procedures for child welfare workers to inform kinship foster care families about available financial and nonfinancial services and eligibility requirements and shall assist the families in completing the necessary application.
F. If a family declines to apply for financial services, the family shall sign a statement indicating that the family declined services. The statement does not prevent the family from making application in the future. The worker shall provide a copy of the statement to the family.
G. The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include:
1. Family assessment.
2. Case management.
3. Child day care.
4. Housing search and relocation.
5. Parenting skills training.
6. Supportive intervention and guidance counseling.
7. Transportation.
8. Emergency services.
9. Parent aid services.
10. Respite services.
11. Additional services that the department determines are necessary to meet the needs of the child and family.
H. The department of child safety shall evaluate biannually the performance of the kinship foster care program. On or before November 1, the department shall submit a report to the speaker of the house of representatives, the president of the senate and the governor and shall provide a copy of this report to the secretary of state. The report shall contain the following information:
1. The demographics and number of children placed with relative caregivers.
2. The demographics of kinship foster caregivers.
3. The number of relative children per kinship foster care family.
4. The department's success at maintaining kinship foster care placements.
5. The type of services provided to kinship foster care families.
6. The cost of services provided to kinship foster care families compared to the cost of out-of-home placements.
7. Recommendations regarding program improvement.
Sec. 4. Section 8-521, Arizona Revised Statutes, is amended to read:
8-521. Independent living program; conditions; eligibility; rules; case management unit
A. The department or a licensed child welfare agency may establish an independent living program for youths who are the subject of a dependency petition or who are adjudicated dependent and are all of the following:
1. In the custody of the department, a licensed child welfare agency or a tribal child welfare agency.
2. At least seventeen years of age.
3. Employed or full‑time students.
B. The independent living program may consist of a residential program of less than twenty‑four hours' hours a day supervision for youths under the supervision of the department through a licensed child welfare agency or a foster home under contract with the department. Under the independent living program, the youth is not required to reside at a licensed child welfare agency or foster home.
C. The director or the director's designee shall review and approve any recommendation to the court that a youth in the custody of the department be ordered to an independent living program.
D. For a youth to participate in an independent living program, the court must order such a disposition pursuant to section 8‑845.
E. The department of child safety, a licensed child welfare agency or a tribal child welfare agency having custody of the youth shall provide the cost of care as required by section 8‑453, subsection A, paragraph 9, subdivision (b), item (iii) for each child placed in an independent living program pursuant to this section, except that the monthly amount provided shall not exceed the average monthly cost of purchased services for the child in the three months immediately preceding placement in an independent living program.
F. The department shall adopt rules pursuant to title 41, chapter 6 to carry out this section.
H. The local foster care review boards shall review at least once every six months the case of each youth participating in the independent living program.
I. The department shall establish an educational case management unit within the division consisting of two case managers to develop and coordinate educational case management plans for youths participating in the independent living program and to assist youths in the program to do the following:
1. Graduate from high school.
2. Pass the Arizona instrument to measure standards test.
3. Apply for postsecondary financial assistance.
4. Apply for postsecondary education.
J. The department shall prepare a report on or before March 1 of each year that contains the following information for the previous calendar year:
1. The number of children in the program.
2. The number of children in the program by age and grade.
3. The number of children in the program by county of residence.
4. The number of children in the program who graduated from high school.
5. The number of children in the program who received a general equivalency diploma.
6. The number of children in the program enrolled in postsecondary education.
K. The department shall submit a copy of the report prescribed in subsection J of this section to the governor, the president of the senate, the speaker of the house of representatives and the secretary of state.
Sec. 5. Section 8-526, Arizona Revised Statutes, is amended to read:
8-526. Child welfare; reporting requirements
A. The department shall compile the following information on a semiannual basis ending March 31 and September 30 of each year: make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and is conducive to analysis.
B. The department shall make available the following information on a quarterly basis:
1. Caseloads for child safety workers.
2. The number of new cases, cases that remain open and cases that have been closed.
C. The department shall make available the following information on a semiannual basis:
1. The total number of reports received, by major category and by priority. The report shall include a description of some of those incoming communications determined not to meet the criteria of a report as chosen by a random sample.
2. The number of reports not responded to, by priority, by county and statewide. The report shall include a description of some of these cases as chosen by random sample.
3. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
4. The number of investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods. and as categorized by investigations that resulted in:
(a) A substantiated report.
(b) A report currently proposed for substantiation.
(c) An unsubstantiated report.
5. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
6. Of the number of reports assigned for investigation, the percentage of reports that resulted in a child being placed in out-of-home care by county and statewide.
7. The number of newborn infants delivered to safe haven providers pursuant to section 13‑3623.01.
8. 7. The number of children entering out‑of‑home care by county during the reporting period, and the number and percentage of the children entering out‑of‑home care by county during the reporting period who are voluntary placements for children under eighteen years of age.
9. 8. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care:
(a) Within the previous twelve months.
(b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph.
10. 9. The number and percentage of children who have remained in a shelter or receiving home for more than twenty‑one consecutive days, by the child's age group.
11. 10. The number and type of licensed foster homes and the number of licensed and available spaces in those homes.
12. 11. The number and type of licensed foster homes that leave the foster care system and the reason for the exit.
13. 12. The number of licensed foster homes that receive the required visitation by case managers pursuant to section 8‑516.
14. 13. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8‑516.
15. 14. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out‑of‑home placement and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Case plan goal.
(d) Type of out‑of‑home placement, categorized by age.
(e) Length of time in out‑of‑home placement of less than thirty days, thirty‑one days to twelve consecutive months, twelve to twenty‑four consecutive months and more than twenty‑four consecutive months, including the median, average and range of the number of out-of-home placements.
(f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status.
16. 15. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.
17. 16. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Number of placements.
(d) Average length of time in care.
18. 17. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.
19. 18. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Average length of time in care.
(d) Legal status.
20. 19. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Average length of time in out‑of‑home placement.
(d) Length of time from change of case plan goal to adoptive placement.
(e) Legal status.
(f) Marital status and relationship of the adoptive parent or parents to the child.
21. 20. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Cause of the disruption.
(d) Marital status and relationship of the adoptive parent or parents to the child.
22. 21. The number of children whose adoptions were finalized during the reporting period and as categorized by:
(a) Average length of time in out‑of‑home placement before adoptive placement.
(b) Average length of time in adoptive placement before the final order of adoption.
(c) Marital status and relationship of the adoptive parent or parents to the child.
23. 22. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:
(a) The cause of death.
(b) The type of out-of-home placement at the time of death.
24. 23. The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows:
(a) Biological parent or parents.
(b) Other family member.
(c) Adoptive parent or parents.
(d) Foster care parent or parents.
(e) Other out-of-home care provider.
25. 24. The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 24 of this subsection.
B. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children.
C. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records.
D. The department shall make available the following information on an annual basis:
1. The number of newborn infants delivered to safe haven providers pursuant to section 13‑3623.01.
2. The number of investigations that resulted in:
(a) A substantiated report.
(b) A report currently proposed for substantiation.
(c) An unsubstantiated report.
3. In regard to criminal conduct allegations:
(a) The number investigated.
(b) The number of the criminal conduct allegations that were conducted jointly pursuant to the investigation protocols established pursuant to section 8‑817.
(c) Information from each county attorney regarding all of the following:
(i) The number of cases presented for review.
(ii) The number of persons charged in those cases.
(iii) If charges were not pursued, the reasons why the charges were not pursued.
(d) For each case in which a joint investigation did not occur pursuant to section 8-817, the reasons why the joint investigation did not occur.
4. The demographics and number of children placed with relative caregivers.
5. The demographics of kinship foster caregivers.
6. The number of relative children per kinship foster care family.
7. The department's success at maintaining kinship foster care placements.
8. The type of services provided to kinship foster care families.
9. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year.
10. The number of children in the independent living program by age, county and education status.
Sec. 6. Section 8-812, Arizona Revised Statutes, is amended to read:
8-812. Child safety expedited substance abuse treatment fund
A. The child safety expedited substance abuse treatment fund is established consisting of monies appropriated by the legislature. The department shall administer the fund.
B. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
C. Monies in the fund shall be used to provide expedited substance abuse treatment to parents or guardians with a primary goal of facilitating family preservation or reunification, including, if necessary, services that maintain the family unit in a substance abuse treatment setting. Fund monies shall not be spent on behalf of a parent or guardian unless all of the following are true:
1. The parent or guardian is a party to a dependency action concerning a child of the parent or a child under the care of the guardian.
2. The parent or guardian is not eligible for benefits under title XIX of the social security act (P.L. 89‑97; 79 Stat. 344) or private insurance, or the necessary substance abuse treatment service is not available under title XIX of the social security act or private insurance.
3. The case plan provides for the child to either remain with or return to the parent or guardian.
4. The treatment is necessary for the case plan to be accomplished.
D. The department shall give preference in using fund monies to pay for treatment for parents or guardians who are parties in cases that are part of any judicially or legislatively created program for expedited proceedings in dependency determinations.
E. The fund is the payor of last resort for treatment. Fund monies shall not be spent to pay for treatment if other monies are available to pay for the treatment. If it is determined after fund monies are spent to pay for treatment that other monies were available to pay for the treatment, the department may seek to have the fund reimbursed for the payment.
F. The department shall make the following information available to the public on request and on the department's website:
1. The number and percentage of parents and guardians who are offered treatment paid for with fund monies and who complete treatment.
2. The number of cases and children who are able to remain with or are returned to the custody of their parents or guardians as a result, in whole or in part, of treatment paid for with fund monies.
3. The number of children who receive expedited permanent placement as a result of the availability of services paid for with fund monies.
4. Data for cases that are part of expedited proceedings as described in subsection D of this section.
G. F. The department shall provide services pursuant to this section in collaboration with the department of health services.
H. g. A recipient of services that are paid for with fund monies shall sign a written statement that is substantially in the following form:
By signing this document, I indicate my understanding of the seriousness of my substance abuse problem and its effects on my ability to parent my child or children. I understand that this expedited substance abuse treatment program is paid for with monies that were specifically provided to speed the resolution of the case plan that may return the child or children to the parent. I acknowledge that successful completion of this treatment program will be a significant factor in my future relationship with my child or children, the state of Arizona and the department of child safety. I fully intend to complete the substance abuse treatment program as part of the case plan to obtain custody of my child or children.
Sec. 7. Section 8-817, Arizona Revised Statutes, is amended to read:
8-817. Initial screening and safety assessment and investigation protocols
A. The department shall develop, establish and implement initial screening and safety assessment protocols in consultation with the attorney general and statewide with county attorneys, chiefs of police, sheriffs, medical experts, victims' rights advocates, domestic violence victim advocates and mandatory reporters. Any initial screening and safety assessment tools shall be based on sound methodology and shall ensure valid and reliable responses. The department shall establish written policies and procedures to implement the use of the initial screening and safety assessment protocols.
B. To ensure thorough investigations of those accused of crimes against children, in each county, the county attorney, in cooperation with the sheriff, the chief law enforcement officer for each municipality in the county and the department shall develop, adopt and implement protocols to guide the conduct of investigations of allegations involving criminal conduct. The protocols shall include:
1. The process for notification of receipt of criminal conduct allegations.
2. The standards for interdisciplinary investigations of specific types of abuse and neglect, including timely forensic medical evaluations.
3. The standards for interdisciplinary investigations involving native American children in compliance with the Indian child welfare act.
4. Procedures for sharing information and standards for the timely disclosure of information.
5. Procedures for coordination of screening, response and investigation with other involved professional disciplines and notification of case status and standards for the timely disclosure of related information.
6. The training required for the involved child safety workers, law enforcement officers and prosecutors to execute the investigation protocols, including forensic interviewing skills.
7. The process to ensure review of and compliance with the investigation protocols and the reporting of activity under the protocols.
8. Procedures for annual reports to be transmitted within forty‑five days after the end of each fiscal year independently from the department and each county attorney to the governor, the speaker of the house of representatives and the president of the senate and a copy of this report to be provided to the secretary of state. Each agency must submit a separate report. Each report made pursuant to this paragraph must be independently prepared and submitted without any input from or communication with the other reporting entities. Each report is a public document and shall include:
(a) The number of criminal conduct allegations investigated and how many of these investigations were conducted jointly pursuant to the investigation protocols established in this subsection.
(b) Information from each county attorney regarding the number of cases presented for review, the number of persons charged in those cases, the reasons why charges were not pursued and the disposition of these cases.
(c) The reasons why a joint investigation did not take place.
9. 8. Procedures for dispute resolution.
C. The department shall cooperate with the county attorney and the appropriate law enforcement agency pursuant to the investigation protocols adopted in this section. In instances of criminal conduct against a child, the department shall protect the victim's rights of the children in its custody against harassment, intimidation and abuse, as applicable, pursuant to article II, section 2.1, Constitution of Arizona.
D. The county attorney and the law enforcement agency shall cooperate with the department pursuant to the investigation protocols adopted in this section.
Sec. 8. Repeal
Section 8-818, Arizona Revised Statutes, is repealed.