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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2378 |
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AN ACT
amending sections 8‑112 and 8‑113, Arizona Revised Statutes; amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8‑514.08; amending sections 8‑807.01 and 8‑810, Arizona Revised Statutes; relating to child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-112, Arizona Revised Statutes, is amended to read:
8-112. Social studies; requirements
A. The division, an agency or an officer of the court shall conduct and submit a social study to the court ten days before the hearing on the petition to adopt. Notwithstanding any other provisions of this section, the court may order an additional social study or waive the social study if it determines that this is in the child's best interests because of special circumstances.
B. Except as provided in subsection D or E of this section, the social study shall include the following:
1. The social history, heritage and mental and physical condition of the child and the child's birth parents.
2. The child's current placement in the prospective adoptive parent's home and the child's adjustment to that home.
3. The prospective adoptive parent's suitability to adopt.
4. The existing and proposed arrangements regarding the child's custody.
5. Any financial arrangement concerning the proposed adoption made by the birth parents, the division, an agency, an attorney or the prospective adoptive parents.
6. A state and federal criminal records check of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent except a birth or legal parent with custody of the child. A valid fingerprint clearance card that is issued pursuant to section 41‑1758.07 satisfies this requirement. The court may order an additional state and federal criminal records check for good cause.
7. A central registry records check, including any history of child welfare referrals, with the division of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent.
8. Any other information that is pertinent to the adoption proceedings.
C. The social study conducted pursuant to subsection A of this section is part of the case file and shall contain a definite recommendation for or against the proposed adoption and the reasons for that recommendation.
D. The social study conducted pursuant to subsection A of this section shall consist only of the results of the state and federal criminal records check and the central registry records check conducted pursuant to subsection B of this section if either of the following is true:
1. The prospective adoptive parent is the child's stepparent who has been legally married to the child's birth or legal parent for at least one year and the child has resided with the stepparent and parent for at least six months.
2. The prospective adoptive parent is the child's adult sibling, by the whole or half blood, or the child's aunt, uncle, grandparent or great‑grandparent and the child has resided with the prospective adoptive parent for at least six months.
E. If the child being considered for adoption has resided with the prospective adoptive parent for at least six months and the prospective adoptive parent either has adopted a child or was appointed the permanent guardian of the child within three years preceding the current application, or is a foster parent who is licensed by this state, the social study conducted pursuant to subsection A of this section may consist only of the following:
1. The results of the central registry records check conducted pursuant to subsection B of this section.
2. A review of any material changes in circumstances that have occurred since the previous adoption, permanent guardianship or license renewal that affect the prospective adoptive parent's ability to adopt the child or for the child to be placed in the prospective adoptive parent's home.
F. The department shall complete any required social study within six months after receiving a completed application to adopt a child if all of the following apply to the child:
1. The child is free for adoption and is at least sixteen years of age.
2. The department has placed the child with a prospective adoptive parent.
3. The child consents to the adoption.
Sec. 2. Section 8-113, Arizona Revised Statutes, is amended to read:
8-113. Removal from home; expedited hearings; probationary period; rights and responsibilities; visitation limitations
A. A child who has been placed in a certified adoptive home by any agency or the division shall not be removed from the home except on order of the juvenile court. The agency or the division may request a hearing for removal before the juvenile court, and in those cases, a hearing shall be held not less than ten days after notice has been given to the certified prospective adoptive parent or parents.
B. This section does not prohibit prospective adoptive parents from voluntarily returning any child to the placing agency or the division or does not prevent the removal of a child pursuant to section 8‑456 or 8‑821.
C. Pending the final adoption hearing, the child is subject to further investigation by the division, an officer of the court or an agency that is required to do the social study pursuant to section 8‑105.
D. The court shall hold the hearing on the petition:
1. Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
2. Within ninety days if the child is under three years of age or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
3. In all other cases, within six months after the filing of the petition for adoption.
E. If subsection D, paragraph 1 or 2 of this section applies, the petitioner shall file a notification of that fact with the petition to adopt.
F. The court shall postpone a hearing scheduled to be held pursuant to subsection D of this section if the court has not received the results of the criminal records check at least forty‑eight hours before the final hearing. The court shall reschedule the hearing within twenty‑one days after receiving the results.
G. The court or the petitioner may postpone the final hearing up to sixty days in order to give notice to any interested party or for other good cause.
H. The court shall hold an expedited hearing on a motion that is supported by a sworn affidavit that the expedited hearing is in the child's best interests and that any of the following is true:
1. The child is suffering from a chronically debilitating, progressive or fatal disease as diagnosed by a licensed physician.
2. A prospective adoptive parent, birth parent or legal parent is terminally ill, as diagnosed by a licensed physician.
3. The child is free for adoption, is at least sixteen years of age, consents to the adoption and has lived with the prospective adoptive parent for at least six months.
3. 4. The court finds other compelling reasons relating to the special needs and welfare of the child to expedite the hearing.
I. During the probationary period or any extension, prospective adoptive parents who have complied with the provisions of this chapter have the following rights and responsibilities with respect to the child:
1. The right to physical custody of the child unless the child is removed by order of the juvenile court after notice and a hearing.
2. The right to consent to necessary medical procedures for the child.
3. The right to consent to participation in social and athletic activities for the child.
4. The responsibility to provide proper care and support for the child in addition to that already provided by the placing agency or division.
5. The right to refuse visitation between the child and a birth parent if that parent's rights have been terminated pending appeal unless the juvenile court orders visitation.
6. On request, the right to be notified by the agency or the division of and to participate in all meetings in which the division is making decisions relating to the child in the prospective adoptive home.
7. On request, the right to notification from the agency or the division of an appeal of the termination of the birth parent's parental rights.
Sec. 3. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-514.08, to read:
8-514.08. Educational decisions; parent contact information; failure to participate
A. If a child is in the custody of the department and the parental rights of the child's parents have not been terminated, the department shall promptly provide to the school that the child attends the current known contact information for the child's biological or adoptive parents, unless a court has ordered otherwise.
B. If the biological or adoptive parents of a child do not attempt to participate in educational decisions, a foster parent or kinship care parent authorized by the department may make educational decisions concerning the child.
Sec. 4. Section 8-807.01, Arizona Revised Statutes, is amended to read:
8-807.01. Incidents involving fatality or near fatality; definition
A. The department shall promptly provide DCS information to the public regarding a case of child abuse, abandonment or neglect that has resulted in a fatality or near fatality as follows:
1. The department shall provide preliminary information including at a minimum:
(a) In the case of a fatality, the name of the child who has died.
(b) The age, gender, county and general location of the residence of the child who has suffered a fatality or a near fatality.
(c) The fact that a child suffered a fatality or near fatality as the result of abuse, abandonment or neglect.
(d) The name, age and city, town or general location of the residence of the alleged perpetrator, if available, unless the disclosure would violate the privacy of victims of crime pursuant to article II, section 2.1, Constitution of Arizona.
(e) Whether there have been reports, or any current or past cases, of abuse, abandonment or neglect involving the child or the alleged perpetrator.
(f) Actions taken by the department in response to the fatality or near fatality of the child.
(g) A detailed synopsis of prior reports or cases of abuse, abandonment or neglect involving the child or the alleged perpetrator and of the actions taken or determinations made by the department in response to these reports or cases.
2. On request by any person, the department shall promptly provide additional DCS information to the requestor in a case of child abuse, abandonment or neglect that has resulted in a fatality or a near fatality. Before releasing additional DCS information, the department shall promptly notify the county attorney of any decision to release that information, and the county attorney shall promptly inform the department if it believes the release would cause a specific, material harm to a criminal investigation or prosecution. After consulting with the county attorney, pursuant to paragraph 3 of this subsection, the department shall produce to the requestor as much additional DCS information as promptly as possible about a case of child abuse, abandonment or neglect that resulted in a fatality or near fatality.
3. On request, the department shall continue to provide DCS information promptly to the public about a fatality or near fatality unless:
(a) After consultation with the county attorney, the county attorney demonstrates that release of particular DCS information would cause a specific, material harm to a criminal investigation or prosecution.
(b) The release would violate section 8‑807, subsection A or L or the privacy of victims of crime pursuant to article II, section 2.1, Constitution of Arizona.
4. If any person believes that the county attorney has failed to demonstrate that release would cause a specific, material harm to a criminal investigation or prosecution, that person may file an action in superior court pursuant to title 39, chapter 1, article 2 and section 8‑807, subsection J and request the court to review the DCS information in camera to determine if disclosure should be ordered.
5. Within ninety days after the date of the DCS report for a case involving a fatality or a near fatality, the department shall provide to the public a summary report that:
(a) May include any actions taken by the department in response to the case, any changes in policies or practices that have been made to address any issues raised in the review of the case and any recommendations for further changes in policies, practices, rules or statutes to address those issues.
(b) Shall include the information prescribed in subsection B of this section if the child was residing in the child's home and in subsection C of this section if the child was placed in an out‑of‑home placement.
B. If the summary report prescribed in subsection A, paragraph 5 of this section involves a child who was residing in the child's home, the summary report shall contain a summary of all of the following:
1. Whether services pursuant to this chapter were being provided to the child, a member of the child's family or the person suspected of the abuse or neglect at the time of the incident and the date of the last contact before the incident between the entity providing the services and the person receiving the services.
2. Whether the child, a member of the child's family or the person suspected of the abuse or neglect was the subject of a DCS report at the time of the incident.
3. All involvement of the child's parents and of the person suspected of the abuse or neglect in a situation for which a DCS report was made or in services provided pursuant to this chapter in the five years preceding the incident involving a fatality or a near fatality.
4. Any investigation pursuant to a DCS report concerning the child, a member of the child's family or the person suspected of the abuse or neglect or services provided to the child or the child's family since the date of the incident involving a fatality or a near fatality.
5. Whether a report was made pursuant to section 13-3620 and substantiated that the child was substance exposed.
C. If the summary report prescribed in subsection A, paragraph 5 of this section involves a child who was in out‑of‑home placement, the summary report shall include the name of any agency the licensee was licensed by, the licensing history of the out‑of‑home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed and a summary of all violations by the licensee and any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety and welfare of a child.
D. For the purposes of this section, "near fatality" means an act that, as certified by a physician, including the child's treating physician, places a child in serious or critical condition.
Sec. 5. Section 8-810, Arizona Revised Statutes, is amended to read:
8-810. Missing children; notification; entry into databases
A. If the department receives a report made pursuant to section 13‑3620 or receives information during the course of providing services that indicates a child is at risk of serious harm and the child's location is unknown, the department shall notify the appropriate law enforcement agency and provide the information required to make the record entry into the Arizona crime information center and the national crime information center missing person databases. This includes information about the child and child's parent, guardian, or custodian or a person of interest.
B. The appropriate law enforcement agency shall immediately enter the information provided by the department pursuant to subsection A of this section into the Arizona crime information center and the national crime information center missing person databases.
C. The department may not petition for the dismissal of a dependency action CONCERNING a child whose location is unknown before the child becomes eighteen years of age.