Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
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
Relative Identification
1. Requires that DCS gives preference to an adult relative when determining a child's placement.
2. 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.
3. 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.
4. Establishes, if DCS identifies an adult relative who is a suitable placement for a child, that the child must be placed with the relative as follows:
a) within 30 days after DCS notifies the court if the placement is in Arizona; and
b) within 90 days after DCS notifies the court if the placement is outside of Arizona.
5. Establishes factors that the court must consider when determining whether a kinship placement is in the best interest of a child.
6. 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 interest unless there is a confirmed safety or welfare concern for the 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 60 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 DCS to determine if an aggravating circumstance exists if a child who is taken into temporary custody by DCS is under three years of age.
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 DCS finds an aggravating circumstance exists, that DCS file a petition for TPR within ten days of filing the notice of aggravating circumstances with the court.
13. Requires the court, if DCS is unable to determine if an aggravating circumstance exists, to hold a hearing within 48 hours after notice is filed to determine if an aggravating circumstance exists and specifies that a determination must be made within 3 days of the hearing.
14. Prohibits reunification services from being provided if the court finds by clear and convincing evidence that specified aggravated circumstances exist.
15. Directs DCS to file an affidavit of reasonable services within ten days after filing a notice of aggravating circumstance if reunification services are provided to a parent or guardian, and specifies that the affidavit must include information regarding the reasonable services offered.
16. Requires that a parent or guardian begin services within 30 days after the affidavit is filed.
17. Directs DCS to notify the court, within 165 days of the affidavit being filed, if the parent or guardian has substantially complied with the service requirement and provides criteria for substantial compliance.
18. Permits DCS to continue services for a parent or guardian who does comply with requirements within 90 days after the request to begin services.
19. Directs DCS to discontinue services and file for TPR if a parent or guardian does not comply with specified service requirements within 90 days after the request to begin services.
20. 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
21. Requires that DCS place a child in a manner that is consistent with the best interest of a child.
22. 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.
23. Requires the court to appoint a guardian ad litem for any child who is in DCS custody or an in-home program monitored by DCS.
24. 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.
25. Requires the court to award a guardian ad litem reasonable attorney fees for filing a notice of failure and permits the court to sanction DCS for failure to perform a prescribed duty.
26. Directs DCS to maintain goals that provide protections for infants exposed to dangerous drugs and that substance-exposed infants taken into DCS custody be placed permanently within one year of after a dependency petition is filed.
27. Directs DCS, by July 1, 2019, to develop a system to track infants who are taken into DCS custody because of in utero controlled substance exposure on an individual and aggregate basis, and specifies that the system must identify how the child enters and leaves DCS custody.
28. Defines relevant terms.
29. Makes technical and conforming changes.
30. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2018
CRS/lat