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REFERENCE TITLE: kinship foster care; provisional license |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2644 |
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Introduced by Representatives Rodriguez: Allen J, Andrade, Blanc, Bolding, Cano, Chávez, Cobb, Cook, Engel, Epstein, Espinoza, Fernandez, Friese, Gabaldón, Lieberman, Osborne, Pawlik, Peten, Rivero, Salman, Teller, Terán, Tsosie
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AN ACT
amending section 8‑514.03, Arizona Revised Statutes, as amended by laws 2018, chapter 153, section 3; repealing section 8‑514.03, Arizona Revised Statutes, as amended by laws 2018, chapter 110, section 2; relating to kinship foster care.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-514.03, Arizona Revised Statutes, as amended by Laws 2018, chapter 153, section 3, is amended to read:
8-514.03. Kinship foster care; requirements; investigation; stipend
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.
C. The department shall issue a provisional foster home license to the kinship foster care parent for a period of six months if all of the following are true:
1. The kinship foster care parent completes both of the following:
(a) An application for a foster home license.
(b) The initial foster parent licensing training as set forth in section 8‑503.
2. The kinship foster care home is acceptable to the department for placement.
3. A child is placed in the home.
D. During the six‑month provisional license period the kinship foster care parent:
1. Is eligible to receive full foster care benefits, including the foster care maintenance payment.
2. Shall complete any foster home licensing requirements that have not previously been achieved, except that the department may waive any nonsafety licensing requirement if compliance with the nonsafety requirement would be a hardship on the kinship foster care parent.
E. The department may extend a provisional license issued pursuant to subsection C of this section if both of the following are true:
1. The department determines that a kinship foster care parent is meeting the child's health and safety needs.
2. The kinship foster care parent or any other adult resident in the child's household:
(a) Has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
(b) Is eligible pursuant to section 41‑1758.07, subsection C to petition the board of fingerprinting for a good cause exception.
(c) Provides documentation that the kinship foster care parent or other adult has applied for a good cause exception pursuant to section 41‑619.55 and is awaiting a decision.
C. F. 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. G. A If a kinship care foster parent has not agreed to a provisional license or fulfilled the requirements for a foster care license pursuant to this section, the 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 for a child only case and supplemental financial support.
E. H. 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. I. 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. J. 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.
Sec. 2. Repeal
Section 8-514.03, Arizona Revised Statutes, as amended by Laws 2018, chapter 110, section 2, is repealed.