Chapter 0338 - 531R - C Ver of SB1360

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

Section 1. Section 8-530.01, Arizona Revised Statutes, is amended to read:

START_STATUTE8-530.01. Placement of a child returning to foster care; notification

A. If a child who has been in foster care is returned to the child's home then removed again from the child's home, the department shall notify all foster homes in which the child previously resided that the child has been removed from the child's home, unless the previous foster Home has substantiated or outstanding allegations, reports or investigations known by the department.

B. The department shall place the child in a foster home in which the child has resided, unless the placement is not in the best interests of the child or none of the prior foster homes wants the placement. If the child has previously resided in more than one foster home, the department shall give preference for placement based on which placement is most recent. END_STATUTE

Sec. 2. Section 8-846, Arizona Revised Statutes, is amended to read:

START_STATUTE8-846. Services provided to the child and family

A. Except as provided in subsections D, E and F of this section, if the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's parent.

B. If the court determines that services supplemental to those provided through the department are available from another source at no cost to this state, the court may order the services on agreement of the provider.

C. The court may employ an individual or individuals to facilitate collaboration between the parties and to ensure the delivery of court‑ordered services. An employee acting in that capacity has access to all documents and information necessary to ensure service delivery regarding the child and the child's family without obtaining prior approval from the child, the child's family or the court. The employee may disclose documents and information the employee acquires, reviews or produces only as prescribed pursuant to section 41‑1959 8‑807.

D. The court shall consider the following factors in determining whether reunification services are required to be provided. Reunification services are not required to be provided if the court finds by clear and convincing evidence that:

1. One or more of the following aggravating circumstances exist:

(a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.

(b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home.

(c) The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse.

(d) The parent or guardian committed an act that constitutes a dangerous crime against children as defined in section 13‑705 or caused a child to suffer serious physical injury or emotional injury or the parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in section 13‑705 or caused a child to suffer serious physical injury or emotional injury.

(e) The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities.

(f) After a finding that a child is dependent, all of the following are true:

(i) A child has been removed from the parent or guardian on at least two previous occasions.

(ii) Reunification services were offered or provided to the parent or guardian after the removal.

(iii) The parent or guardian is unable to discharge parental responsibilities.

2. The parent or guardian of a child has been convicted of a dangerous crime against children as defined in section 13‑705, murder or manslaughter of a child, or of sexual abuse of a child, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor or luring a minor for sexual exploitation.

3. The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of this subsection.

E. The court shall consider any criminal prosecution relating to the offenses that led to the child's removal from the home and shall abide by any orders of the criminal court. Information may be provided by law enforcement or the county attorney.

F. If a dependency petition was filed pursuant to section 8‑873.01 or 8‑874, subsection J, the court may direct the division not to provide reunification services to the child's parents unless the court finds by clear and convincing evidence that these services would be in the child's best interests. END_STATUTE

Sec. 3. Section 8-871, Arizona Revised Statutes, is amended to read:

START_STATUTE8-871. Permanent guardianship of a child

A. The court may establish a permanent guardianship between a child and the guardian if the prospective guardianship is in the child's best interests and all of the following apply:

1. The child has been adjudicated a dependent child or is the subject of a pending dependency petition filed by the department. If the child has not been adjudicated dependent, all parties must consent to the permanent guardianship. If the child has not been adjudicated dependent and any party objects to a motion for permanent guardianship, the court may schedule a settlement conference or mediation or may strike the motion and proceed with the dependency petition.

2. The child has been in the custody of the prospective permanent guardian for at least nine months as a dependent child. The court may waive this requirement for good cause.

3. If the child is in the custody of the division department or agency, the division department or agency has made reasonable efforts to reunite the parent and child and further efforts would be unproductive. The court may waive this requirement if it finds that one or more of the following:

(a) Reunification efforts are not required by law. or if

(b) Reunification of the parent and child is not in the child's best interests because the parent is unwilling or unable to properly care for the child.

4. The likelihood that the child would be adopted is remote or termination of parental rights would not be in the child's best interests.

B. The court may consider any adult, including a relative or foster parent, as a permanent guardian. An agency or institution may not be a permanent guardian. The court shall may appoint a person nominated by the child if the child is at least twelve years of age, unless the court finds that the appointment would not be in the child's best interests. The court shall consider the child's objection to the appointment of the person nominated as permanent guardian.

C. In proceedings for permanent guardianship, the court shall give primary consideration to the physical, mental and emotional needs and safety of the child.

D. Unless otherwise set forth in the final order of permanent guardianship, a permanent guardian is vested with all of the rights and responsibilities set forth in section 14‑5209 relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities of the birth or adoptive parent, if any, that are set forth in the decree of permanent guardianship.

E. At the guardianship hearing, or by notice filed after the appointment of a permanent guardian or a successor permanent guardian pursuant to section 8-874, the guardian may advise the court as to the identity and contact information of potential successor permanent guardians.

F. The division department or agency shall not be responsible for the requirements pursuant to subsection A, paragraph 3 of this section for a petition concerning a child who is not in the care, custody and control of the division department or agency. END_STATUTE

Sec. 4. Section 8-872, Arizona Revised Statutes, is amended to read:

START_STATUTE8-872. Permanent guardianship; procedure

A. Any party to a dependency proceeding or a pending dependency proceeding may file a motion for permanent guardianship. The motion shall be verified by the person who files the motion and shall include the following:

1. The name, sex, residence and date and place of birth of the child.

2. The facts and circumstances supporting the grounds for permanent guardianship.

3. The name and address of the prospective guardian and a statement that the prospective guardian agrees to accept the duties and responsibilities of guardianship.

4. The basis for the court's jurisdiction.

5. The relationship of the child to the prospective guardian.

6. Whether the child is subject to the federal Indian child welfare act of 1978 (P.L. 95‑608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963) and if so:

(a) The tribal affiliations of the child's parents.

(b) The specific actions the person who files the motion has taken to notify the parents' tribes and the results of those contacts, including the names, addresses, titles and telephone numbers of the persons contacted. The person shall attach to the motion as exhibits any correspondence with the tribes.

(c) The specific efforts that were made to comply with the placement preferences under the federal Indian child welfare act of 1978 or the placement preferences of the appropriate Indian tribes.

7. The name, address, marital status and date of birth of the birth parents, if known.

B. The person who files the motion shall serve notice of the hearing and a copy of the motion on all parties as prescribed in rule 5(c) of the Arizona rules of civil procedure, including any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster‑adoptive placement. In addition to the requirements of rule 5(c) of the Arizona rules of civil procedure, the notice shall be sent by registered mail, return receipt requested, to any parent, Indian custodian and tribe of an Indian child as defined by the federal Indian child welfare act of 1978 (25 United States Code section 1903).

C. The person who files the motion shall provide a copy of the notice of hearing to the following persons if the person has not been served pursuant to subsection B of this section:

1. The child's current physical custodian.

2. Any foster parent with whom the child has resided within six months before the date of the hearing.

3. The prospective guardian if the guardian is not the current physical custodian.

4. Any other person the court orders to be provided notice.

D. In a proceeding for permanent guardianship, on the request of a parent, the court shall appoint counsel for any parent found to be indigent if the parent is not already represented by counsel. The court may also appoint one for the child if a guardian ad litem has not already been appointed.

E. Before a final hearing, the division department, the agency or a person designated as an officer of the court shall conduct an investigation addressing the factors set forth in section 8‑871, whether the prospective permanent guardian or guardians are fit and proper persons to become permanent guardians and whether the best interests of the child would be served by granting the permanent guardianship. The findings of this investigation shall be set forth in a written report provided to the court and all parties before the hearing. The court may require additional investigation if it finds that the welfare of the child will be served or if additional information is necessary to make an appropriate decision regarding the permanent guardianship. The court may charge a reasonable fee for this investigation pursuant to section 8‑133, if performed by an officer of the court. The court may waive the requirements of this subsection for good cause.

F. Before the court may appoint a guardian, the court shall require the prospective guardian to furnish either a valid fingerprint clearance card or a full set of fingerprints to enable the court to determine the applicant's suitability as guardian. If the prospective guardian does not submit a valid fingerprint clearance card, the prospective guardian shall submit a full set of fingerprints to the court 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.

F. G. The person who files the motion has the burden of proof by clear and convincing evidence. In any proceeding involving a child who is subject to the federal Indian child welfare act of 1978, the person who files the motion has the burden of proof by beyond a reasonable doubt.

G. H. A court order vesting permanent guardianship with an individual divests the birth or adoptive parent of legal custody of or guardianship for the child but does not terminate the parent's rights. A court order for permanent guardianship does not affect the child's inheritance rights from and through the child's birth or adoptive parents.

H. I. On finding that grounds exist for a permanent guardianship, the court may incorporate into the final order provisions for visitation with the natural parents, siblings or other relatives of the child if this order would be in the child's best interests and any other provision that is necessary to rehabilitate the child or to provide for the child's continuing safety and well‑being. The court may order a parent to contribute to the support of the child to the extent it finds the parent is able.

I. J. On the entry of the order establishing a permanent guardianship, the dependency action shall be dismissed. If the child was in the legal custody of the division department during the dependency, the court may order the division department to conduct the investigation and prepare the report for the first report and review hearing. If the child was not in the legal custody of the department, the court may order the child's attorney or guardian ad litem to file a report for the report and review hearing. The court shall retain jurisdiction to enforce its final order of permanent guardianship. The court shall cause may order a report and shall set a review to be held within one year following the entry of the final order and may set such other and further proceedings as may be in the best interests of the child. Before a report and review hearing, the court may cause an investigation to be conducted of the facts and circumstances surrounding the welfare and best interests of the child and a written report to be filed with the court. The court may charge a reasonable fee for this investigation pursuant to section 8‑133, if performed by an officer of the court.

J. K. The division department or agency shall not be responsible for the requirements pursuant to subsections E, H and I and J of this section for a motion concerning a child not in the care, custody and control of the division department or agency.

K. L. The court shall provide the guardian with written notice of the sibling information exchange program established pursuant to section 8‑543. END_STATUTE

Sec. 5. Section 8-873, Arizona Revised Statutes, is amended to read:

START_STATUTE8-873. Revocation of permanent guardianship

A. The child, a parent of the child, the guardian of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including:

1. The child's parent is able and willing to properly care for the child.

2. The child's permanent guardian is unable to properly care for the child.

B. The court shall appoint a guardian ad litem for the child in any proceeding for the revocation of permanent guardianship.

C. The court may revoke the order granting permanent guardianship of a child who previously has been adjudicated a dependent child if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is in the child's best interest. When making this determination, the court shall consider all of the following:

1. The child's position on the revocation of the guardianship if the child is at least twelve years of age.

2. The duration of the guardianship and the level of contact between the parent and the child during the guardianship.

3. Any other relevant factor.

D. The court may revoke the order granting permanent guardianship of a child who has been the subject of a dependency petition but who has not been adjudicated a dependent child and order that the child be returned to the child's parent if all of the following are true:

1. The child, parent of the child, party to the dependency petition or guardian petitions the court for revocation.

2. The court finds by clear and convincing evidence that the parent has remedied the grounds alleged in the guardianship motion.

3. The court finds by clear and convincing evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. When making this determination, the court shall consider all of the following:

(a) The child's position on the revocation of the guardianship if the child is at least twelve years of age.

(b) The duration of the guardianship and the level of contact between the parent and the child during the guardianship.

E. The court may set a case plan of guardianship after revocation of a permanent guardianship even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent. END_STATUTE

Sec. 6. Title 8, chapter 4, article 12, Arizona Revised Statutes, is amended by adding section 8-873.01, to read:

START_STATUTE8-873.01. Permanent guardianship dependency proceedings; reunification services

A. If a dependency petition is filed on a permanent guardian, the court shall order reunification services in the pending dependency proceeding for the parent whose child was previously adjudicated dependent resulting in the appointment of the permanent guardian if, after receiving notice, the parent meets all of the following:

1. Is willing to care for the child.

2. Makes a written or oral request to the court to participate in reunification services at the parent's initial appearance.

3. Proves by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services are in the child's best interests.

B. If the parent is willing to care for the child and requests to participate in reunification services, the court shall set a hearing to determine if there has been a significant change of circumstances that indicates that the parent may be able to care for the child and if reunification services are in the child's best interests.

C. If the court finds by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that reunification services are in the child's best interests, the court shall order the department to provide reunification services to the parent. END_STATUTE

Sec. 7. Section 8-874, Arizona Revised Statutes, is amended to read:

START_STATUTE8-874. Appointment of successor permanent guardian

A. If a permanent guardian appointed pursuant to section 8‑872 is unable or unwilling to continue to serve as permanent guardian, the permanent guardian, the division or an interested party may file a motion for appointment of a successor permanent guardian. The motion shall be verified by the person filing the motion and shall include the following:

1. The name, sex, address and date and place of birth of each child who is the subject of the motion.

2. The name and address of the permanent guardian.

3. The reason why the permanent guardian is no longer able or willing to serve as permanent guardian of the child.

4. The name and address of the proposed successor permanent guardian, if any.

B. If the motion identifies a proposed successor permanent guardian, the motion shall be accompanied by an affidavit by the proposed successor permanent guardian that states:

1. The relationship between the proposed successor permanent guardian and the child.

2. The proposed successor guardian's agreement to assume the duties and responsibilities of permanent guardian, including compliance with all court orders.

C. On the filing of a motion pursuant to subsection A of this section, the court shall:

1. Set a date for an initial guardianship review hearing within thirty days after the motion is filed.

2. Appoint an attorney for the child and appoint an attorney for the proposed successor guardian, if necessary. The court is not required to appoint an attorney for the parent of the child.

3. Enter temporary orders, which may include:

(a) Placing the child in the temporary custody of an individual or agency or the division and directing the division to provide necessary services as may be necessary for the safety and well-being of the child.

(b) Directing the division to complete a criminal records check and home study to determine the suitability of the proposed successor permanent guardian to serve as the permanent guardian of the child.

D. The court shall order the person filing the motion to give notice of the hearing and to provide a copy of the motion together with the court's temporary orders to the permanent guardian, the division, the child's attorney, the child's parents and any other interested person as ordered by the court. The person filing the motion shall provide notice by first class mail unless the court orders that notice be given by other means. If the child is subject to the Indian child welfare act of 1978, the person filing the motion shall provide notice, pursuant to 25 United States Code section 1912, to the Indian parent, the Indian custodian and the child's tribe. If the identity or location of the Indian child's parent cannot be determined, the person filing the motion shall provide notice to the United States secretary of the interior pursuant to 25 United States Code section 1912.

E. If the child is at least twelve years of age, the court shall consider the child's objection to the proposed successor permanent guardian.

F. At the hearing, if the court finds that the proposed successor permanent guardian is suitable to assume the responsibilities of permanent guardian and that appointment would be in the child's best interests, the court shall grant the motion, terminate the appointment of the current permanent guardian and enter any other orders as may be necessary for the safety and well-being of the child, including:

1. Appointing the proposed successor permanent guardian as a provisional permanent guardian of the child for a period not to exceed nine months and setting a hearing to determine whether the appointment should be made permanent.

2. Appointing the proposed successor permanent guardian as permanent guardian of the child if the court finds by clear and convincing evidence that the proposed successor permanent guardian is suitable to serve as the child's permanent guardian and that the appointment would be in the child's best interests.

3. Directing the division to monitor the placement during the period of provisional appointment and to provide necessary services to support the provisional placement, including assisting the provisional permanent guardian to make an application for guardianship subsidy and other available benefits.

G. If the court enters an order appointing a successor permanent guardian, the court shall set a review hearing within one year after the appointment and may order the division or an agency to conduct an investigation and submit a written report before the hearing.

H. A successor permanent guardian is vested with all of the rights and responsibilities prescribed in section 14-5209 relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities of a birth or adoptive parent prescribed in the order appointing the successor permanent guardian.

I. The order appointing the successor permanent guardian may provide for contact between the child and the natural or adoptive parents, siblings and other relatives or kin if contact is in the child's best interests. The court may order the parent to contribute to the support of the child and to pay any costs for visitation to the extent it finds the parent able to contribute.

J. If the motion to appoint a successor permanent guardian does not comply with this section, or if the court does not appoint a provisional or permanent successor permanent guardian, the court may order the division department or the child's attorney to file a dependency petition regarding the child and may enter temporary orders that are necessary for the safety and well-being of the child. In these cases, the court may direct the division department not to provide reunification services to the child's parents parent unless the court finds by clear and convincing evidence that there has been a significant change of circumstances that indicates that the parent may be able to care for the child and that it reunification services for the parent would be in the child's best interests. The court shall set a hearing to make this determination if, after receiving notice, the parent meets both of the following:

1. Is willing to care for the child.

2. Makes a written or oral request to the court to participate in reunification services at the parent's initial appearance.

K. The court may order that the case plan of guardianship remain in place even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent. END_STATUTE

Sec. 8. Title 41, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 41-1292, to read:

START_STATUTE41-1292. Joint legislative oversight committee on the department of child safety; committee termination

A. The joint legislative oversight committee on the department of child safety is established consisting of the following members:

1. The chairperson of the senate committee that addresses child safety issues.

2. The chairperson of the house of representatives committee that addresses child safety issues.

3. Two members of the senate who are appointed by the president of the senate and who are members of different political parties.

4. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties.

B. The chairperson of the senate committee that addresses child safety issues and the chairperson of the house of representatives committee that addresses child safety issues shall serve as cochairpersons.

C. The committee shall meet at least biannually, and a majority of the members constitutes a quorum for the transaction of business.

D. The committee shall review:

1. The department's implementation of policy and procedures and program effectiveness.

2. All reports on program outcomes released by the department to the legislature for trends and areas for statutory improvement and audits issued by the office of the auditor general related to the department.

3. Policies and procedures relating to guardianships and dependency proceedings.

4. The committee established by this section ends on july 1, 2025 pursuant to section 41-3103. END_STATUTE

Sec. 9. Department of child safety; review of reporting requirements

On or before December 31, 2017, the department of child safety shall do all of the following:

1. Post the proposed consolidated report generated from the recommendations required by Laws 2014, second special session, chapter 1, section 160 on the department's website.

2. Hold meetings with stakeholders to discuss potential reports on longer metric outcome data in addition to any other reports prescribed by law.

3. Identify metrics, if any, that stakeholders want but that have been omitted from the reports prepared by the department.

4. Submit a report to the joint legislative budget committee and the joint legislative oversight committee on the department of child safety established by section 41-1292, Arizona Revised Statutes, as added by this act, on all of the following:

(a) The implementation of the new reporting structure.

(b) The outcome of stakeholder meetings.