HB2378 - 541R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-112, Arizona Revised Statutes, is amended to read:

START_STATUTE8-112. 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 in each state in which a prospective adoptive parent or an adult who is living permanently with the prospective adoptive parent has resided during the prior five years, 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 any 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.

3. The child is at least sixteen years of age.

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. END_STATUTE

Sec. 2. Section 8-113, Arizona Revised Statutes, is amended to read:

START_STATUTE8-113. 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 at least sixteen years of age.

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. END_STATUTE

Sec. 3. Section 8-509, Arizona Revised Statutes, is amended to read:

START_STATUTE8-509. Licensing of foster homes; renewal of license; provisional license; exemption from licensure; immunization requirements

A. The department shall license and certify foster homes. Licenses are valid for a period of two years.

B. The department shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8‑503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to section 41‑1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

C. The department shall not renew a license without satisfactory proof that the foster parent or parents have completed twelve actual hours of approved ongoing foster parent training during the two‑year period of licensure as set forth in section 8‑503.

D. Before issuing a license, the department shall request a child safety central registry check for the applicant or any other adult residing in the foster home from any state in which the applicant or other adult member of the household has resided during the prior five years.

D. E. If the department determines that completing the training required in subsections B and C of this section would be a hardship to the foster parent or parents, the department may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.

E. F. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the department. The department shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the department, the agency shall submit an application stating the foster home's qualifications to the department. The agency may also recommend the types of licensing and certification to be granted to the foster home.

F. G. The department shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.

G. H. This section does not apply if the child is placed in a home by a means other than by court order and if the home does not receive compensation from this state or any political subdivision of this state.

H. I. The department may not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with this state.

I. J. The department shall not require a foster parent to immunize the foster parent's natural or adoptive children as a condition of foster home licensure.

J. K. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the department on a form prescribed by the department. The licensee must specify the new month of renewal on the application. The modified renewal date must be before, but not more than six months earlier than, the existing renewal date.

K. L. The foster care review board shall review the cases of children placed by the department in foster homes licensed pursuant to this section as required by section 8‑515.03. END_STATUTE

Sec. 4. Section 8-514.02, Arizona Revised Statutes, is amended to read:

START_STATUTE8-514.02. Placement of child

A. The department may place a child with a parent, a relative or a person who has a significant relationship with a child.

B. During an emergency situation when a child must be placed, the department shall not place a child with a relative or a person who has a significant relationship with the child unless each adult member of the relative's or person's household consents to and participates in both of the following:

1. A preliminary state and federal name‑based background check before the placement of the child.

2. Within fifteen calendar days from after the date the name‑based background check is conducted placement of the child, the submission of a full set of the person's fingerprints to obtain a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Except for a placement pursuant to section 8‑861, before a child who has been in out-of-home care is placed with a parent, the department shall conduct a background check pursuant to section 41‑1750 of all adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home. The results of this background check shall be considered when making a safety assessment of the placement.

D. The department shall immediately remove a child from a home if either of the following occurs:

1. Any adult household member fails to provide fingerprints as provided in subsection B of this section.

2. Unless on petition to a court the court finds good cause for the placement, an adult household member or an adult who has caregiving responsibilities for the child is required to register as a sex offender in any state or has been convicted in any state of one or more of the following:

(a) Felony child abuse or neglect.

(b) Spousal or domestic abuse.

(d) A crime involving violence, including sexual assault, homicide and any other assault or battery.

E. If placement of the child in the home was ordered by the court, the department shall immediately request a change of physical custody from the court if one of the actions described in subsection D of this section occurs.

E. F. Unless approved in writing by the department, the parent, or relative or person who has a significant relationship with a child shall not allow the child to:

1. Be placed with any other person.

2. Have any contact with the allegedly abusive or neglectful parent, guardian or custodian or other person designated by the department.

3. Leave this state.

F. G. If a child is placed with a parent, or relative or person who has a significant relationship with a child pursuant to this section, the department shall inform the parent, or relative or person who has a significant relationship with a child about available financial and nonfinancial services and eligibility requirements and shall assist the parent, or relative or person who has a significant relationship with a child to complete the necessary applications. END_STATUTE

Sec. 5. Section 8-514.03, Arizona Revised Statutes, as amended by Laws 2018, chapter 153, section 3, is amended to read:

START_STATUTE8-514.03. Kinship foster care; requirements; investigation; report

A. The department shall establish kinship foster care services for a child who has been removed from the child's home and who is in the custody of the department. The placement of a child who is in the custody of the department shall be determined by the best interests of the child.

B. A kinship foster care parent applicant who is not a licensed foster care parent shall be at least eighteen years of age. The applicant and each member of the applicant's household who is at least eighteen years of age shall submit a full set of fingerprints to the department of child safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of child safety shall determine if the applicant is able to meet the child's health and safety needs by conducting one or more home visits and interviewing the applicant. The department of child safety may interview other household members, review the applicant's personal and professional references and conduct department of child safety central registry checks in each state in which the applicant resided during the prior five years.

C. If the department determines that a kinship foster care placement is not in the best interest of the child, the department shall provide written notification to the applicant within fifteen business days. The notice shall include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision.

D. A kinship foster care parent may be eligible to receive the following financial services for the child:

1. Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home.

2. Temporary assistance for needy families cash assistance payments for a child only case and supplemental financial support.

E. The department shall establish procedures for child welfare workers to inform kinship foster care families about available financial and nonfinancial services and eligibility requirements and shall assist the families in completing the necessary application.

F. If a family declines to apply for financial services, the family shall sign a statement indicating that the family declined services. The statement does not prevent the family from making application in the future. The worker shall provide a copy of the statement to the family.

G. The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include:

1. Family assessment.

2. Case management.

3. Child day care.

4. Housing search and relocation.

5. Parenting skills training.

6. Supportive intervention and guidance counseling.

7. Transportation.

8. Emergency services.

9. Parent aid services.

10. Respite services.

11. Additional services that the department determines are necessary to meet the needs of the child and family.

H. The department of child safety shall evaluate biannually the performance of the kinship foster care program. On or before November 1, the department shall submit a report to the speaker of the house of representatives, the president of the senate and the governor and shall provide a copy of this report to the secretary of state. The report shall contain the following information:

1. The demographics and number of children placed with relative caregivers.

2. The demographics of kinship foster caregivers.

3. The number of relative children per kinship foster care family.

4. The department's success at maintaining kinship foster care placements.

5. The type of services provided to kinship foster care families.

6. The cost of services provided to kinship foster care families compared to the cost of out-of-home placements.

7. Recommendations regarding program improvement. END_STATUTE

Sec. 6. Repeal

Section 8-514.03, Arizona Revised Statutes, as amended by laws 2018, chapter 110, section 2, is repealed.

Sec. 7. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-514.08, to read:

START_STATUTE8-514.08. Educational decisions; parental notification; failure to participate

A. The department shall notify a biological or adoptive parent whose child is in the custody of the department and whose parental rights have not been terminated of any meeting involving educational decisions concerning the child, unless a court has ordered otherwise.

B. If the biological or adoptive parents of a child do not participate in educational decisions, any of the following persons may make educational decisions concerning the child:

1. A foster parent, unless the laws of this state or contractual obligations otherwise prohibit the foster parent from making educational decisions.

2. A guardian other than this state who is generally authorized to act on behalf of the child or is specifically authorized to make educational decisions for the child.

3. An individual who is acting in place of a biological or adoptive parent and with whom the child lives. END_STATUTE

Sec. 8. Section 8-533, Arizona Revised Statutes, is amended to read:

START_STATUTE8-533. Petition; who may file; grounds

A. Any person or agency that has a legitimate interest in the welfare of a child, including, but not limited to, a relative, a foster parent, a physician, the department or a private licensed child welfare agency, may file a petition for the termination of the parent‑child relationship alleging grounds contained in subsection B of this section.

B. Evidence sufficient to justify the termination of the parent‑child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child:

1. That the parent has abandoned the child.

2. That the parent has neglected or wilfully abused a child. This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child.

3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.

4. That the parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child, including murder of another child of the parent, manslaughter of another child of the parent or aiding or abetting or attempting, conspiring or soliciting to commit murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.

5. That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8‑106, subsection G.

6. That the putative father failed to file a notice of claim of paternity as prescribed in section 8‑106.01.

7. That the parents have relinquished their rights to a child to an agency or have consented to the adoption.

8. That the child is being cared for in an out‑of‑home placement under the supervision of the juvenile court, the division or a licensed child welfare agency the subject of a dependency action, that the agency responsible for the care of the child has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists:

(a) The child has been in an out‑of‑home placement the subject of a dependency action for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to section 8‑806 and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out‑of‑home placement.

(b) The child who is under three years of age has been in an out‑of‑home placement the subject of a dependency action for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.

(c) The child has been in an out‑of‑home placement the subject of a dependency action for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to section 8‑806, the parent has been unable to remedy the circumstances that cause the child to be in an out‑of‑home placement the subject of a dependency action and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.

9. That the identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent.

10. That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.

11. That all of the following are true:

(a) The child was cared for in an out‑of‑home placement pursuant to court order.

(b) The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services.

(c) The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed.

(d) Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent's legal custody, the child is being cared for in an out‑of‑home placement under the supervision of the juvenile court, the division or a licensed child welfare agency and the parent is currently unable to discharge parental responsibilities.

C. Evidence considered by the court pursuant to subsection B of this section shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.

D. In considering the grounds for termination prescribed in subsection B, paragraph 8 or 11 of this section, the court shall consider the availability of reunification services to the parent and the participation of the parent in these services.

E. In considering the grounds for termination prescribed in subsection B, paragraph 8 of this section, the court shall not consider the first sixty days of the initial out‑of‑home placement pursuant to section 8‑806 in the cumulative total period.

F. The court shall consider the best interests of the child in applying the grounds for termination prescribed in subsection B of this section.

F. G. The failure of an alleged parent who is not the child's legal parent to take a test requested by the department or ordered by the court to determine if the person is the child's natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure. END_STATUTE

Sec. 9. Section 8-807.01, Arizona Revised Statutes, is amended to read:

START_STATUTE8-807.01. 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.

(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.

(h) Whether the alleged perpetrator was receiving substance abuse services, if known.

(i) Whether, at the time of the fatality or near fatality, the alleged perpetrator was under the influence of alcohol or of a drug or substance listed in section 13‑3401 and the drug or substance was not administered to the alleged perpetrator as part of medical treatment by a health professional.

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.

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. END_STATUTE

Sec. 10. Section 8-810, Arizona Revised Statutes, is amended to read:

START_STATUTE8-810. 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 or 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 shall not petition for the dismissal of a dependency action concerning a child whose location is unknown before the child becomes eighteen years of age. END_STATUTE