 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
extended foster care program
Purpose
Authorizes the Department of Child Safety (DCS) to establish an Extended Foster Care Program (Program) for qualified young adults and establishes Program requirements. Requires the Juvenile Court to make a determination on whether the voluntary participation of a qualified young adult in the Program is in the young adult's best interest. Prohibits an interested party from filing a dependency petition regarding a child who is adjudicated delinquent unless the interested party contacts and notifies DCS of the intent to file a petition.
Background
Children who have been removed from their home by DCS are placed in
temporary
out-of-home care, commonly called foster care, with a goal of permanent
placement established for each child. The federal Adoption and Safe Families
Act (ASFA) declares that a child’s health and safety must be the paramount
concern when making decisions about a child's out-of-home placement and
permanency planning. The ASFA also requires that a child be placed in the least
restrictive, or most family-like, setting possible. DCS coordinates services to
achieve and maintain permanency on behalf of the child, strengthen the family
and provide prevention, intervention and treatment services (A.R.S.
§ 8-451). Currently, DCS is permitted to provide out-of-home care services
and supervision to a foster-youth who is less than 21 years of age, who reached
the age of 18 years of age while in custody of DCS and in out-of-home care,
when the foster-youth:
1) requests out-of-home care; 2) has residency in Arizona; 3) participates in
developing an individual case plan agreement for out-of-home care; and 4)
demonstrates acceptance of personal responsibility for his or her part of the
agreement through active participation in the individual case plan (A.A.C.
R21-5-205).
A dependent child
is a child who is adjudicated to be: 1) in need of proper and effective
parental care and control and who has no parent or guardian, or who has no
parent or guardian willing to exercise or capable of exercising such care and
control; 2) destitute or who is not provided with the necessities of life,
including adequate food, clothing, shelter or medical care;
3) a child whose home is unfit by reason of abuse, neglect, cruelty or
depravity by a parent, guardian or any other person having custody or care of
the child; 4) under 18 years of age and who is found to have committed an act
that would result in adjudication as a delinquent juvenile or incorrigible
child if committed by an older juvenile or child; or 5) incompetent or not
restorable to competency and who is alleged to have committed a serious
offense. A delinquent juvenile is a child who is adjudicated to have
committed a delinquent act (A.R.S. § 8-201). The Juvenile Court has jurisdiction over all delinquency and
dependency proceedings. Currently, if a child has been removed from their home,
the Juvenile Court must prioritize protecting the child from abuse or neglect.
The Juvenile Court determines whether continuation of the child's residence in
the home would be contrary to the welfare of the child.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows DCS to establish a Program for qualified young adults.
2. Grants the Juvenile Court the authority to make the initial determination whether voluntary participation in the Program is in a qualified young adult's best interest.
3. Requires a participant of the Program to be a qualified young adult who:
a) is in the custody of DCS as a dependent child when the young adult becomes 18 years of age;
b) is 18, 19 or 20 years of age and is:
i. completing secondary education or an educational program that leads to an equivalent credential or enrolled in an institution that provides postsecondary or vocational education;
ii. employed at least 80 hours a month;
iii. participating in a program or activity that promotes employment or removes barriers to employment; or
iv. unable to be a fulltime student or to be employed because of a documented medical condition; and
c) signs a voluntary participation agreement with DCS on or after the qualified young adult's 18th birthday and before the young adult's 21st birthday.
4. Requires DCS to provide a progress report every six months to the Young Adult Placement Review Panel (Panel) for each qualified young adult who participates in the Program.
5. Requires the Panel to 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's successful transition to adulthood.
6. Requires DCS to develop and coordinate educational case management plans for a qualified young adult participating in the Program to assist the qualified young adult to:
a) graduate from high school;
b) pass the statewide assessment to measure pupil achievement pursuant to rules adopted in statute;
c) apply for postsecondary education financial assistance;
d) apply for postsecondary education; and
e) complete postsecondary education classes.
7. Requires the Juvenile Court, within 120 days after the submission of a young adult's voluntary participation agreement, to determine whether participation in the Program is in the qualified young adult's best interest.
8. Allows an adoption subsidy to continue through 20 years of age, if the individual was adopted at 16 or 17 years of age and is:
a) completing secondary education or an educational program that leads to an equivalent credential or enrolled in an institution that provides post-secondary 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; or
d) unable to be a fulltime student or to be employed because of a documented medical condition.
9. Allows DCS to file a petition to commence proceedings in the Juvenile Court alleging that a child is dependent.
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 Arizona Department of Juvenile Corrections (ADJC) within the previous six months, unless the interested party:
a) contacts DCS at least 14 days before filing the petition and provides DCS with notice of the allegations contained in the petition and the factual basis supporting the allegations; and
b) affirms in the petition that the notification requirements have been met.
11. Requires a person who files 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 ADJC within the previous six months to have the petition and notice served on DCS.
12. Requires the court to conduct a hearing prior to issuing any temporary orders with respect to DCS, if a dependency petition is filed 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 ADJC within the previous six months.
13. Requires the court to take evidence on the request of DCS or a party and provide DCS and a party at least 72 hours written or electronic notice of a hearing and an opportunity to be heard.
14. Allows the court to proceed with a hearing, if DCS is provided proper notice and fails to appear.
15. Defines qualified young adult and young adult placement review.
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Continues the adoption subsidy for an individual who is adopted at 16 or 17 years of age and who meets prescribed criteria.
2. Modifies education criteria for Program participants.
3. Requires the Panel to review a qualified young adult's voluntary extended foster care case plan.
4. Directs the Juvenile Court to determine if an out-of-home placement or an independent living program is in a young adult's best interest.
5. Removes the requirement that the Program consist of a residential program with certain supervision requirements.
6. Defines young adult placement review.
7. Makes conforming changes.
Amendment Adopted by Committee of the Whole
1. Requires the Juvenile Court to determine whether participation in the Program is in a qualified young adult's best interest.
2. Makes technical and conforming changes.
Amendment Adopted by the House of Representatives
1. 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 ADJC within the previous six months, unless certain conditions are met.
2. Requires a person who files 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 ADJC within the previous six months to have the petition and notice served on DCS.
Senate Action House Action
HHS 2/20/19 DPA 7-0-1 HHS 3/28/19 DP 9-0-0-0
3rd Read 3/4/19 30-0-0 3rd Read 5/20/19 31-29-0
Prepared by Senate Research
May 20, 2019
CRS/AG/kja