State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2378: adoption; child welfare; placement; dependency

S/E: child welfare; adoption; placement; dependency

PRIME SPONSOR: Representative Barto, LD 15

BILL STATUS: Health and Human Services

                               

 

Summary of the Strike-Everything Amendment to HB 2378

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteHB 2378 makes changes to the child welfare statutes.

History

Title 8 of the Arizona Revised Statutes contains the laws related to Child Safety. Outlined within are the requirements for a social study to be submitted to the court prior to an adoption hearing and provisions for expedited adoption hearing.  Further, the Department of Child Safety (DCS) is required to provide specified information to the public regarding a case of child abuse, abandonment or neglect that resulted in a fatality or near fatality. If DCS receives information that a child's location is unknown, DCS must notify the appropriate law enforcement agency.

Provisions

1.       Limits the social study to only the results of the state and federal criminal records check and the central registry records check if the child is free for adoption and a ward of the court, at least 16 years of age, consents to the adoption and has been placed by DCS with and lived with the prospective adoptive parent for at least six months. (Sec. 1)

2.       Requires the court to hold an expedited adoption hearing on a motion that is supported by a sworn affidavit that the expedited hearing is in the child's best interest and the child is free for adoption and a ward of the court, at least sixteen years of age, consents to the adoption and has been placed by the division with and lived with the prospective adopted parents for at least six months. (Sec. 2)

3.       Requires DCS to notify and invite a biological or adoptive parent whose child is in the custody of DCS and whose parental rights have not been terminated of any meeting involving educational decisions concerning the child, unless a court has ordered otherwise. (Sec. 3)

4.       Provides that if the biological or adoptive parents of a child do not attempt to participate in educational decisions a foster or kinship parent authorized by DCS may make educational decisions concerning the child. (Sec. 3)

5.       Requires DCS when providing information to the public on a fatality or near fatality to include a summary report on whether the child was substance exposed. (Sec. 4)

6.       Prohibits DCS from petitioning for the dismissal of a dependency action concerning a child whose location is unknown before the child becomes 18 years of age. (Sec. 5)

7.       Makes technical and conforming changes. (Sec. 1, 2 and 5)

 

 

 

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Fifty-fourth Legislature                               HB 2378

First Regular Session                    Version 1: Health and Human Services

 

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