State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1473: kinship care; aggravated circumstances; dependency

PRIME SPONSOR: Senator Barto, LD 15

BILL STATUS: Chaptered

              

Legend: DCS – Department of Child Safety Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to DCS and child placement.

Provisions

1.       Requires DCS to maintain a goal to place infants in their custody into a prospective permanent placement within one year of filing a dependency petition. (Sec. 1)

2.       Requires DCS to place a child consistent with the best interests of the child, rather than the needs of the child. (Sec. 2)

3.       Stipulates that if a child under the age of three has lived with a foster parent or kinship caregiver for at least nine months, the child is presumed to have a significant relationship with the foster parent or kinship caregiver. (Sec. 2)

4.       Requires DCS to consider the following criteria when determining if a placement is in the best interest of a child:

a.       Interest of a caregiver in providing permanence if reunification fails;

b.       The legal wishes of the child and birth parent;

c.        The relationship of the child and child's family with the caregiver;

d.       The nearness of the child's family or school to the placement home;

e.       The child's behavior and needs in relation to the caregiver's strengths and parenting style;

f.         The caregiver's openness to communicate and interact with the birth family;

g.       The caregiver's readiness to:

i.         Accept the child or child's siblings;

ii.       Provide or assist in maintaining visitation or other forms of contact between siblings, if the siblings are placed separately;

h.       The child's fit with the placement family;

i.         The child's behavioral health needs and how they will affect the caregiver and other children; and

j.         Compliance with applicable federal law. (Sec. 2)

5.       Requires DCS placement of a child in kinship foster care to be determined by the best interests of the child. (Sec. 3)

6.       Requires the Kinship Foster Care Program to promote the best interests of a child. (Sec. 4)

7.       Removes the requirement that the Kinship Foster Care Program promote the placement of a child with a relative. (Sec. 3)

8.       Requires DCS, in a kinship foster care situation, to conduct an initial search with due diligence within 30 days of taking custody of a child to identify and notify adult relatives or persons with a significant relationship with the child.

a.       Specifies that the search is ongoing. (Sec. 5)

9.       States that DCS must file information with the courts relating to attempts to identify and notify relatives or persons with a significant relationship with a child. (Sec. 5)

10.   Requires a dependency petition to include whether DCS believes an aggravating circumstance exists. (Sec. 6)

11.   Stipulates that DCS must give the court and other parties written notice at least 15 days before a disposition hearing, if they intend on presenting evidence to show that an aggravating circumstance exists. (Sec. 7)

12.   Removes the following placement options for a dependent child being placed by the court:

a.       A suitable institution;

b.       An association willing to receive a child; and

c.        A reputable citizen of good moral character. (Sec. 8)

13.   Permits the court to place a dependent child with a licensed foster home if placing the child with its parents is contrary to the child's welfare. (Sec. 8)

14.   Requires DCS to file a motion to terminate parental rights within 10 days of the court making a finding that an aggravating circumstance exists, unless it is not in the best interest of the child. (Sec. 8)

15.   Modifies the list of aggravating circumstances to include:

a.       A child under six months old being exposed to a drug or substance as outlined in statute and both of the following are true:

i.         The parent is unable to care for the child because of chronic drug abuse: and

ii.       Reasonable grounds exist to believe that the parent's drug abuse will continue for a prolonged or indeterminate amount of time.

Ř  Specifies that an experienced licensed health care provider needs to make the determination regarding a parent's drug abuse. (Sec. 9)

16.   Defines licensed health care provider. (Sec. 9)

17.   Makes technical and conforming changes. (Sec. 1-3, 6, 8)

Current Law

DCS may place take temporary custody of a child and place the child in a foster home for care or adoption. DCS is required to place a child in the least restrictive type of available placement. The placement of a child must adhere to a statutorily defined order of placement (A.R.S. § 8-514). DCS runs a Foster Kinship Care Program which promotes children being placed with a family member. Statute outlines requirements for Program applicants which include criminal records checks, home visits and interviews of household members (A.R.S. § 8-514.03).

The court is required to consider specified factors to determine if parental unification is to be provided. Reunification is not required if the court finds, by clear and convincing evidence, that an aggravating circumstance exists (A.R.S. § 8-846).

 

 

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Fifty-third Legislature                  SB 1473

Second Regular Session                               Version 4: Chaptered

 

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