State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2378: adoption; child welfare; placement; dependency

NOW: child welfare; adoption; placement; dependency

PRIME SPONSOR: Representative Barto, LD 15

BILL STATUS: House Engrossed

                               

 

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.       Requires DCS to complete any required social study within six months after receiving a completed application to adopt a child if all of the following apply:

a.       The child is free for adoption and is at least 16 years of age;

b.       DCS has placed the child with a prospective adoptive parent; and

c.        The child consents to the adoption. (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, at least sixteen years of age, consents to the adoption and has lived with the prospective adopted parents for at least six months. (Sec. 2)

3.       Provides that if a child is in the custody of DCS and the parental rights of the child's parents have not been terminated, DCS must promptly provide to the school that the child attends the current known contact information for the child's biological or adoptive parents, unless the 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 a report was made pursuant to A.R.S. § 13-3620 (duty to report abuse and neglect) and substantiated that 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 3: House Engrossed

 

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