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: Senate 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)

 

Senate Amendments

1.       Removes sections of the bill related to educational decisions, incidents involving fatality or near fatality, and missing children notification. (Sec. 3-5)

2.       Specifies that if a child in the custody of DCS is in out-of-home care and receiving or in need of services pursuant to Title 15, Chapter 7, Article 4 (education – instruction – special education for exceptional children), DCS must promptly notify the child's public education agency of the name and contact information for the child's parent, unless a court has ordered otherwise. (Sec. 3)

3.       Provides that if a public education agency notifies DCS that the child requires an initial evaluation for special education and related services and the parent cannot be located or does not attempt to participate, DCS must promptly notify the public education agency of a parent who can consent to or refuse the initial evaluation in accordance with federal law. (Sec. 3)

4.       States that when the biological or adoptive parent of the child attempts to act as the parent, the biological or adoptive parent is presumed to be the parent. (Sec. 3)

5.       Requires DCS to make the following information available annually:

a.       Beginning with the 2022 data period, the statewide number of children in substantiated reports for investigation that are received in the 12 months before the current annual reporting period and that allege neglect and the number of children in these reports who were:

                              i.      Removed within 30 days after the date the report is received; and

                            ii.      Removed within six months after the date the report is received. (Sec. 3)

                          iii.       

                          iv.       

                                                                                                                             v.      ---------- DOCUMENT FOOTER ---------

                          vi.      Fifty-fourth Legislature                 HB 2378

                        vii.      First Regular Session                      Version 4: Senate Engrossed

                      viii.       

                                                                                                                           ix.      ---------- DOCUMENT FOOTER ---------