Assigned to FS                                                                                                     FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2696

adoption

Purpose

            Gives married couples priority over single persons in the adoption placement of foster children, with some exceptions. 

Background

            Any adult resident of Arizona is eligible to qualify to adopt children, regardless of marital status, and a husband and wife may jointly adopt children (A.R.S. § 8-103). 

            Before a prospective adoptive parent (parent) may petition to adopt a foster child, the parent must submit a written application for adoption certification to the court, the Department of Economic Security (DES) or a private adoption agency contracted by DES.  DES is not required to accept every application for adoption certification.  In considering which certification applications to accept, DES may give priority to applications filed by persons wishing to adopt a child with special needs (A.R.S. § 8-105).  Special needs children include children age six or older; sibling groups; children with physical, mental or developmental disability or a high risk of a disability; children with emotional disturbance; and children with a high risk of severe emotional disturbance if removed from the care of the foster parents.  H.B. 2696 requires DES to give first priority to certification applications filed jointly by married couples and allows DES to give secondary priority to certification applications filed by parents wishing to adopt a special needs child.  

            After an application for adoption certification is accepted, the court, DES or private adoption agency investigates the parents to determine if they are fit and proper persons to adopt.  The investigation considers the applicant’s financial condition, physical and mental health, and any other factors relevant to the fitness of the applicant (A.R.S. § 8-105).  Once the investigation is complete, the agency recommends to the court whether the parents should be certified. 

            When DES determines that a foster child should not be reunited with his or her parents, the case plan goal for that child changes to termination of the parent-child relationship and adoption of the child.  At this point, DES determines the appropriate prospective adoptive placement for the foster child.  DES currently prioritizes prospective adoptive homes as follows: relatives, the foster family where the child has been residing and certified adoptive homes that meet the needs of the foster child.  H.B. 2696 requires DES or a private adoption agency to give primary consideration to placement with married couples when placing a foster child in a prospective adoptive home, with exceptions for relatives and a foster family that has established a meaningful and healthy relationship with the child.

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires DES to give priority to applications for adoption certification that are filed jointly by a husband and wife, and allows secondary priority for applicants wishing to adopt a special needs child.

2. Requires DES or a private adoption agency to give primary consideration to placement with married couples when placing a foster child in a prospective adoptive home, if the child has a case plan goal of adoption.

3. Allows DES or a private adoption agency to consider a single person for prospective adoptive placement of foster children only if a qualified married couple is not available, unless any of the following apply:

a) the single person is a legal relative or has established a meaningful and healthy relationship with the child.

b) the alternative for the child is extended foster care.

c) the child’s parent or guardian gave direct consent to the single person to adopt the child.

d) the child’s best interests require the adoption by the single person.

4. Requires the court, in adoption proceedings, to make specific written findings regarding the best interests of the child.

5. Requires DES to adopt rules relating to adoptive placement for foster children.

6. Makes technical and conforming changes.

7. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Requires priority to be given when the child has a case plan goal of adoption instead of when the child is available for adoption.

2. Requires findings by the court to be written.

3. Eliminates references to applications to adopt.

4. Makes technical changes.

House Action Senate Action

JUD                 2/16/06     DP     6-3-0                        FS                    3/20/06     DPA     3-2-0

3^rd Read           3/9/06                 32-25-3

Prepared by Senate Research

March 24, 2006

KM/jas