Bill
Number: H.B. 2099
Barto Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
Allows the Department of Economic Security to certify a regular foster home as a child developmental certified home to care for specific foster children with developmental disabilities, codifying current practice.
Second Regular Session H.B. 2099
BARTO FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2099
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 8-501, Arizona Revised Statutes, is amended to read:
8-501. Definitions
A. In this article, unless the context otherwise requires:
1. "Child developmental certified home" means a regular foster home that is licensed pursuant to section 8‑509 and that is certified by the department of economic security pursuant to section 36‑593.01.
1. 2. "Child welfare agency" or "agency":
(a) Means:
(i) Any agency or institution that is maintained by a person, firm, corporation, association or organization to receive children for care and maintenance or for twenty‑four hour social, emotional or educational supervised care or who have been adjudicated as a delinquent or dependent child.
(ii) Any institution that provides care for unmarried mothers and their children.
(iii) Any agency that is maintained by this state, a political subdivision of this state or a person, firm, corporation, association or organization to place children or unmarried mothers in a foster home.
(b) Does not include state operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to title 36, chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques.
2. 3. "Division" or "department" means the department of child safety.
3. 4. "Former dependent child" means a person who was previously adjudicated a dependent child in a dependency proceeding that has been dismissed by order of the juvenile court.
4. 5. "Foster child" means a child placed in a foster home or child welfare agency.
5. 6. "Foster home" means a home that is maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.
6. 7. "Foster parent" means any individual or individuals maintaining a foster home.
7. 8. "Group foster home" means a licensed regular or special foster home that is suitable for placement of more than five minor children but not more than ten minor children.
8. 9. "Out‑of‑home placement" means the placing of a child in the custody of an individual or agency other than with the child's parent or legal guardian and includes placement in temporary custody pursuant to section 8‑821, subsection A or B, voluntary placement pursuant to section 8‑806 or placement due to dependency actions.
9. 10. "Parent" means the natural or adoptive mother or father of a child.
10. 11. "Reason for leaving care" means one of the following:
(a) Reunification with a parent or primary caretaker.
(b) Living with another relative.
(c) Adoption by a relative.
(d) Adoption by a foster parent.
(e) Adoption by another person.
(f) Age of majority.
(g) Guardianship by a relative.
(h) Guardianship by another person.
(i) Transfer to another agency.
(j) Runaway.
(k) Death.
11. 12. "Receiving foster home" means a licensed foster home that is suitable for immediate placement of children when taken into custody or pending medical examination and court disposition.
12. 13. "Regular foster home" means a licensed foster home that is suitable for placement of not more than five minor children.
13. 14. "Relative" means a grandparent, great‑grandparent, brother or sister of whole or half blood, aunt, uncle or first cousin.
14. 15. "Restrictive behavior management" means an intervention or procedure that attempts to guide, redirect, modify or manage behavior through the use of any of the following:
(a) Physical force to cause a child to comply with a directive. Physical force does not include physical escort. For the purposes of this subdivision, "physical escort" means temporarily touching or holding a child's hand, wrist, arm, shoulder or back to induce the child to walk to a safe location.
(b) A device, action or medication to restrict the movement or normal function of a child in order to control or change the child's behavior and that includes:
(i) Chemical restraint. For the purposes of this item, "chemical restraint" means the use of any psychoactive medication as a restraint to control the child's behavior or to restrict the child's freedom of movement and that is not a standard treatment for the child's medical or psychiatric condition.
(ii) Mechanical restraint. For the purposes of this item, "mechanical restraint" means the use of any physical device to limit a child's movement and to prevent the child from causing harm to self or to others. Mechanical restraint does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets or any other method that involves the physical holding of a child to conduct a routine physical examination or test or to protect the child from falling out of bed or to permit the child to participate in activities in order to reduce the risk of physical harm to the child.
(iii) Physical restraint. For the purposes of this item, "physical restraint" means applying physical force to reduce or restrict a child's ability to freely move the child's arms, legs or head. Physical restraint does not include temporarily holding a child to permit the child to participate in activities of daily living if this holding does not involve the risk of physical harm to the child.
(iv) Seclusion. For the purposes of this item, "seclusion" means placing a child against the child's will in a room in which the child is unable to open the door in order to prevent the child from doing harm to self or others.
15. 16. "Special foster home" means a licensed foster home that is capable of handling not more than five minor children who require special care for physical, mental or emotional reasons or who have been adjudicated delinquent. Special foster home includes any home handling foster children aged twelve through seventeen.
B. A foster home or any classification of foster home defined in subsection A of this section includes a home having the care of persons who are under twenty‑one years of age and the cost of whose care is provided pursuant to section 8‑521.01."
Renumber to conform
Page 2, line 20, before "All" insert "A."
Between lines 28 and 29, insert:
"B. A regular foster home shall apply for certification as a child developmental certified home pursuant to section 36‑593.01 if either of the following applies:
1. the department of child safety has placed a foster child with a developmental disability in the foster home.
2. A foster child in the foster home has been determined by the department of economic security to have a developmental disability.
C. Subsection B of this section does not apply to a regular foster home or group foster home with a foster child with a developmental disability who was placed in the home before the effective date of this amendment to this section. Any such placements shall continue to be licensed, certified and monitored by both the department of child safety and the department of economic security."
Page 8, between lines 20 and 21, insert:
"11. "Child developmental certified home" means a regular foster home as defined in section 8-501 that is licensed pursuant to section 8‑509 and that is certified by the department pursuant to section 36‑593.01."
Renumber to conform
Page 15, line 33, strike "development" insert "developmental"
Line 40, strike "and" insert "an"
Page 16, line 32, after "or" insert "a"
Line 33, strike "it" insert "the facility"
Page 18, between lines 2 and 3, insert:
"Sec. 13. Title 36, chapter 5.1, article 3, Arizona Revised Statutes, is amended by adding section 36-593.01, to read:
36-593.01. Child developmental certified homes; certification; requirements; renewal; rules; definitions
A. The department may certify as a child developmental certified home a regular foster home as defined in section 8‑501 that is licensed pursuant to section 8‑509 to care for specific foster children with developmental disabilities.
B. A regular foster home that is applying to be a child developmental certified home shall meet the requirements of this section. The child developmental certification terminates when all children with developmental disabilities leave the home or are adopted by the foster parents.
C. The department of child safety shall restrict the regular foster home license and the department of economic security shall restrict certification under this section to the specific children in the home at the time of certification consistent with the following:
1. The department of child safety may not place any additional foster child in the home after certification unless the department of economic security recertifies the home for the new placement.
2. If the department of economic security recertifies the home for the additional foster child placement, the department of child safety shall amend the restrictions on the regular foster home license and the department of economic security shall amend the restrictions on the certification to include the new placement.
D. Notwithstanding subsection C of this section, the maximum number of foster children who may be placed in a child developmental certified home at any one time may not exceed five foster children, not more than three of whom have developmental disabilities.
E. A regular foster home that is certified as a child developmental certified home under this section shall comply with the training, life safety and monitoring requirements specified by the department of economic security.
F. The department of child safety and the department of economic security shall coordinate and share all of the following information regarding each child developmental certified home:
1. Monitoring information.
2. Unusual incident reports.
3. Department of child safety information, investigations and reports pursuant to section 8‑807.
4. Licensing information.
5. Changes in household composition and foster child placements.
6. Any other information necessary for the department of child safety and the department of economic security to coordinate the licensure and certification of the child developmental certified home.
G. The department of economic security shall conduct an initial and subsequent life safety inspection and monitor the child developmental certified home for compliance with the certification requirements under this section. The results of the department of economic security's life safety inspection shall satisfy the life safety inspection requirements of the department of child safety foster home license.
H. The department of child safety shall continue to monitor the child developmental certified home for compliance with regular foster home requirements.
I. The department of child safety shall pay for the cost of care of a foster child, except for a foster child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title. The department of economic security shall pay for the cost of care of a child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title.
J. In determining whether to grant a certification under this section, The department of economic security shall consider all of the following:
1. The number of household members, including the foster parent's natural and adopted children.
2. Any special needs or developmental disabilities of household members.
3. Any other consideration determined by the department of economic security in rule that may impact a foster parent's ability to provide care for a child with a developmental disability.
K. If the foster home does not meet the requirements for certification as a child developmental certified home, the home may remain licensed as a regular foster home and continue to serve a foster child with a developmental disability who is already placed in the home if the department of child safety determines it is in the best interests of the foster child.
L. If the foster home does not meet the certification requirements under this section and the department assesses a foster child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title as needing home and community based services, the foster parent may work with the department to coordinate the provision of the assessed and authorized services.
M. A certification under this section expires annually and is subject to renewal by the department on the annual anniversary date of the regular foster home license.
N. A decision by the department to deny certification of a regular foster home for a specific foster child under this section is not appealable.
O. The department may suspend or revoke a certification under this section pursuant to title 41, chapter 6, article 6 for any one or a combination of the reasons specified in section 36‑594.
P. A decision of the department of child safety to deny, suspend or revoke the underlying regular foster home license of a child developmental certified home is appealable pursuant to section 8‑506. A denial, suspension or revocation of the regular foster home license is a denial, suspension or revocation of the certification under this section.
Q. The department of child safety and the department of economic security shall adopt rules to implement this section.
R. For the purposes of this section, "foster child", "foster home", "foster parent" and "regular foster home" have the same meanings prescribed in section 8-501."
Renumber to conform
Page 22, after line 44, insert:
"Sec. 19. Rulemaking exemption
For the purposes of this act, the department of economic security and the department of child safety are exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for eighteen months after the effective date of this act. The departments shall jointly solicit public comment on the proposed rules."
Amend title to conform