State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1539: extended foster care program

PRIME SPONSOR: Senator Brophy McGee, LD 28

BILL STATUS: House Engrossed

                               

 

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows the Arizona Department of Child Safety (DCS) to establish an extended foster care program for qualified young adults.

History

DCS' mission is to successfully engage children and families to ensure safety, strengthen families and achieve permanency. DCS' stated vision is: children thrive in family environments free from abuse and neglect.

A.R.S. § 8-144 states that the family entering into subsidized adoption and DCS must sign a subsidy agreement that contains a provision for periodic review before the final adoption decree is issued. Adoption subsidies may commence with the adoption placement or after the adoption decree and will vary with the needs due to the special circumstances of the adopted child as well as the availability of other resources.

The adoption subsidy may continue through the age of 21 if the individual is enrolled in and regularly attending school unless the person has received a high school diploma or certificate of equivalency. The subsidy may be for special services only or for money payments, and either for a limited period of time or for a long term, or for any combination thereof. There must be a periodic review to determine the appropriateness and reasonableness of all subsidies and to ascertain the need for continuing or adjusting the subsidy.   

Provisions

1.       Allows the adoption subsidy to continue through the age of 20, if the individual is adopted at 16 or 17 years of age and is one or more of the following:

a.       Completing secondary education or an educational program that leads to an equivalent credential or is enrolled in an institution that provides postsecondary or vocational education;

b.       Employed at least 80 hours a month;

c.        Participating in a program or activity that promotes employment or removes barriers to employment; and

d.       Unable to be a full-time student or be employed because of a documented medical condition. (Sec. 1)

2.       Includes a definition for qualified young adult and young adult administrative review. (Sec. 2)

3.       States the juvenile court has jurisdiction to make the initial determination whether the voluntary participation of a qualified young adult in an extended foster care program is in the child's best interests.  (Sec. 3)

4.       Allows DCS to establish an extended foster care program for qualified young adults. To participate in the program, a qualified young adult must meet all of the following requirements:

a.       Have been in the custody of DCS as a dependent child when the young adult became 18 years of age;

b.       Be 18, 19 or 20 years of age and be one or more of the following:

i.         Completing secondary education or an educational program leading to an equivalent credential or be enrolled in an institution that provides postsecondary or vocational education;

ii.       Employed at least 80 hours per month;

iii.     Participating in a program or activity that promotes employment or removes barriers to employment; and

iv.     Be unable to be a full-time student or to be employed because of a documented medical condition. (Sec. 4)

c.        Sign a voluntary extended foster care agreement with DCS on or after the qualified young adult's 18th birthday and before the young adult's 21st birthday.

5.       Requires DCS to provide a progress report every six months to the Young Adult Administrative Review Panel (Panel) for each qualified young adult who participates in the extended foster care program. (Sec. 4)

6.       Mandates that the Panel review, at least once every six months, the qualified young adult's voluntary extended foster care case plan, including the services and supports provided and needed to assist the young adult in the young adult's successful transition to adulthood. (Sec. 4)

7.       Requires DCS to develop and coordinate educational case management plans for a qualified young adult participating in the extended foster care program to assist the qualified young adult to accomplish the following:

a.       Graduate from high school;

b.       Pass the statewide assessment to measure pupil achievement;

c.        Apply for postsecondary education financial assistance;

d.       Apply for postsecondary education; and

e.       Complete postsecondary education classes. (Sec. 4)

8.       Requires the juvenile court to determine whether the participation in the program is in the young adult's best interests within 120 days after DCS submits a signed agreement by the young adult to participate in the program. (Sec. 5)

9.       Clarifies that DCS may file a petition to commence proceedings in the juvenile court alleging that a child is dependent. (Sec. 6)

10.   Prohibits an interested party from filing a dependency petition concerning a child who has been adjudicated delinquent and is under the jurisdiction of the juvenile court, who is awaiting delinquency adjudication or disposition or who has been released from the Department of Juvenile Corrections within the previous six months, unless both of the following occur:

a.       The interested party contacts DCS at least 14 days before filing the petition and provides DCS with notice of the intent to file a petition, the allegations contained in the petition and the factual basis supporting the allegations; and

b.       The interested party affirms in the petition that the requirements have been met.

11.   Requires a person who files a petition to serve notice on DCS.

12.   Provides that if a petition is filed, the court may not issue any temporary orders with respect to DCS, including placing the child in DCS's legal or physical custody, joining DCS as a party or ordering DCS to provide any services to the child or the family, without first conducting a hearing.

13.   Specifies at the hearing the court must take evidence on the request of DCS and a party.

14.   Requires the court to provide DCS and a party at 72-hours written or electronic notice of the hearing and an opportunity to be heard as to any proposed orders. If the DCS is provided notice and fails to appear, the court may proceed with the hearing.

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18.   Fifty-fourth Legislature                       SB 1539

19.   First Regular Session                            Version 3: House Engrossed

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