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: Transmitted

                               

 

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.       States that if a child in DCS custody and is receiving or in need of educational services, 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)

4.       Specifies that if a public education agency notifies DCS that the child requires an initial evaluation for special education and related services and the parent identified 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. (Sec. 3)

5.       Provides 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)

6.       Requires DCS to make available annually, beginning with the 2022 data period, the statewide numbers 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:

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

b.       Removed within six months after the date the report is received. (Sec. 4)

c.         

d.        

e.       ---------- DOCUMENT FOOTER ---------

f.         Fifty-fourth Legislature                           HB 2378

g.       First Regular Session                Version 5: Transmitted

h.        

i.         ---------- DOCUMENT FOOTER ---------