Assigned to HHS AS
PASSED BY COMMITTEE
Assigned to HHS AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
dependency, kinship care, aggravated circumstances
Purpose
Modifies requirements for termination of parental rights (TPR) proceedings. Establishes requirements for the Department of Child Safety (DCS) to place a child in kinship foster care.
Background
Any person or agency with a legitimate interest in the welfare of a child, including relatives, foster parents, DCS or a private child welfare agency, may file a petition for TPR with the juvenile court. According to statute, grounds for TPR include: 1) abuse or neglect; 2) abandonment; 3) inability to discharge parental responsibilities due to mental illness or chronic substance abuse; 4) conviction of a felony proving the unfitness of that parent to have custody of a child; 5) proof that the parent has had parental rights to another child terminated within the past two years for the same cause; or 6) demonstration that the child has been in out-of-home placement for longer than nine months, or if the child is under three years of age, longer than six months and the parent neglected or refused to remedy the problems. The court must also consider the best interests of the child when considering grounds for TPR. An order terminating parental rights eliminates all legal rights, privileges, duties and obligations the parent and the child have with respect to each other, with certain exceptions. If a petition for TPR is contested, the court holds a termination adjudication hearing to determine whether there is clear and convincing evidence of grounds for TPR (A.R.S. § 8-533).
Children who have been removed from home by the Department of Child Safety (DCS) are placed in temporary out-of-home care, commonly called foster care, with a goal of permanent placement established for each child. The federal Adoption and Safe Families Act (ASFA) declares that a child’s health and safety must be the paramount concern when making decisions about a child's out-of-home placement and permanency planning. The ASFA also requires that a child be placed in the least restrictive, or most family-like, setting possible. Similarly, Arizona statute requires DCS to place a child in the least restrictive type of placement available, consistent with the needs of the child. The order of preference for placement is as follows: with a parent, with a grandparent, in kinship care with another member of the child’s family including a person who has a significant relationship with the child, in family foster care, in therapeutic foster care, in a group foster home and in a residential treatment facility (A.R.S. § 8-514).
DCS has established kinship foster care services to promote the placement of children removed from their homes with a relative, including a person who has a significant relationship with the child. An individual who seeks to become a kinship care foster parent must apply with DCS, be at least 18 years of age, sign an agreement outlining the conditions of placement and submit to a criminal record check and DCS central registry check. Additionally, DCS is required to determine if kinship care applicants can meet a child's health and safety needs by conducting at least one home visit and interviewing the kinship foster care applicant. Kinship foster care parents are not required to be licensed foster homes, however, they may choose to become licensed foster parents (A.R.S. § 8-514.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Kinship Foster Care
1. Permits DCS to give preference to an adult relative over a non-relative caregiver when determining a child's placement.
2. Requires DCS to establish kinship foster care services if placement with a child's adult relative is established.
3. Directs DCS to use due diligence, including contracting with private investigators, to identify and notify adult relatives of a child DCS takes into temporary custody within 30 days.
4. Requires DCS, within 30 days of completion, to file the results of the adult relative identification and notification requirement with the court including a summary of all contacts made with all identified adult relatives.
5. Establishes, if DCS identifies an adult relative in Arizona who is a suitable placement for a child, that the child must be placed with the relative within 30 days after DCS notifies the court, with certain exceptions.
6. Establishes factors that the court must consider when determining whether a kinship placement is in the best interests of a child.
Termination of Parental Rights
7. Establishes the following as sufficient evidence to justify TPR: a) evidence of in utero substance exposure with egregious circumstances involving dangerous drugs; and
b) in utero substance exposure with evidence of long-standing drug use.
8. Requires that an initial hearing regarding TPR take place within 30 days after a petition for termination has been filed.
9. Requires that a TPR adjudication hearing concludes within 90 days after the initial hearing, and provides that an adjudication hearing may be extended for 30 days if the court finds an extraordinary cause.
10. Requires the court to determine if an aggravating circumstance exists if a child who is taken into temporary custody by DCS is under three years of age, and requires that the determination be made within 30 days from the date a child is taken into temporary custody.
11. Directs DCS to file a notice of aggravating circumstances within 14 days after a child is taken into custody that states whether DCS finds that an aggravating circumstance exists and a description of the circumstance or an explanation of the basis for the determination.
12. Requires, if the court finds an aggravating circumstance exists, that DCS file a petition for TPR within ten days of the court's aggravating circumstance determination.
13. Establishes that, upon a determination by the court that TPR or permanent guardianship is in the best interest of the child and if the case plans specifies adoption, that the adoption by the prospective placement must proceed expeditiously and be finalized within six months after a permanency hearing, if possible.
Miscellaneous
14. Requires that the placement of a child in DCS custody be determined by the best interests of the child.
15. Asserts the presumption, if a child has been in foster placement for six months or more, that remaining in the placement is in the child's best interests unless there is a confirmed safety or welfare concern for the child.
16. Requires, rather than permits, the presiding judge of the juvenile court in each county to appoint an adult as special advocate to be the guardian ad litem for a child who is the subject of a dependency action.
17. Directs a guardian ad litem for a child who is affected by a failure by DCS to perform specified duties to file a notice of failure with the court.
18. Directs DCS to maintain a goal that substance-exposed infants taken into DCS custody be placed permanently within one year after a dependency petition is filed.
19. Directs DCS, by July 1, 2019, to develop a system to track dependency information on children age zero to three.
20. Defines relevant terms.
21. Makes technical and conforming changes.
22. Becomes effective on the general effective date.
Amendments Adopted by Committee
1) Permits, rather than requires, DCS to give preference to an adult relative when determining a child's placement.
2) Requires DCS to establish kinship foster care services if placement with a child's adult relative is established.
3) Removes requirement that a child be placed with an out-of-state adult relative within 90 days.
4) Restores language regarding the ability of DCS to alter a child's placement.
5) Eliminates the requirement that the court appoint a guardian ad litem for any child monitored by or in DCS custody.
6) Restores language regarding information that must be included in a social study ordered by the court.
7) Requires that a TPR adjudication hearing occur within 90 days, rather than 60 days, of the completion of an initial hearing.
8) Restores language regarding written findings that must be made by the court if placement with a relative is found to be contrary to a child's best interests.
9) Removes the requirement that the court award a guardian ad litem who files a notice of failure reasonable attorney fees.
10) Requires the court to determine if an aggravating circumstance exists within 30 days from the date a child is taken into temporary custody.
11) Eliminates the requirement that a hearing be held within 48 hours after an aggravating circumstance notice is filed.
12) Modifies the definition of in utero substance exposure with evidence of long-standing drug use.
13) Removes proposed language regarding reunification services.
14) Modifies child safety data that DCS must track.
Senate Action
HHS 2/7/18 DPA 4-3-0
Prepared by Senate Research
February 12, 2018
CRS/lat