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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
adoption; child welfare; placement; dependency
(NOW: adoption; child welfare; dependency)
Purpose
Requires the Department of Child Safety (DCS) to complete a social study within six months if certain conditions are met. Directs DCS to provide a school with a child's biological or adoptive parent's contact information under specified circumstances.
Background
Any adult Arizona resident is eligible to qualify to adopt children, regardless of marital status, and a husband and wife may jointly adopt children. At least 10 days before an adoption hearing, DCS, an adoption agency or an officer of the court must conduct and submit a social study on the adoption to the court. The social study must include: 1) state and federal criminal records checks, and a central registry check, of the prospective adoptive parent and any adult living in the prospective adoptive home; 2) the social history and heritage and mental and physical condition of the child and the child's birth parents; and 3) the prospective adoptive parent's suitability to adopt. Additionally, the social study must also contain a recommendation for or against the proposed adoption and the reasons for the recommendation (A.R.S. § 8-112).
The court must hold a hearing on an adoption petition: 1) within 60 days if the child has resided in the prospective adoptive parent's home for at least one year; 2) within 90 days if the child is under three years of age or has resided in the prospective adoptive parent's home for at least six months; or 3) in all other cases, within six months after the adoption petition is filed. The court is authorized to hold or expedite a hearing under certain circumstances (A.R.S. § 8-113).
Statute requires DCS to provide information to the public regarding cases of child abuse, abandonment and neglect that result in a fatality or near fatality, including the name, age, gender and general location of a child who suffers a fatality or near fatality and the child's alleged perpetrator. Within 90 days after DCS receives a report for a case involving a child fatality or near fatality, DCS is required to provide the public with a summary report that includes actions taken by DCS in response to the case (A.R.S. § 8-807.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS to complete any required social study within six months after receiving a completed application to adopt a child if:
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.
2. Requires the court to hold an expedited hearing on a motion that is supported by a sworn affidavit that the hearing is in the child's best interests if the child:
a) is free for adoption;
b) is at least 16 years of age;
c) consents to the adoption; and
d) has lived with the prospective adoptive parents for at least six months.
3. Directs DCS to promptly provide a school with current contact information for a child's biological or adoptive parents if:
a) the child is in DCS custody;
b) the child's parent's parental rights have not been terminated; and
c) a court has not ordered otherwise.
4. Permits a foster parent or kinship care parent, who is authorized by DCS, to make a child's educational decisions if the child's biological or adoptive parents do not attempt to participate in educational decisions.
5. Requires a summary report regarding a fatality or near fatality case that involves a child who was residing in the child's home to include whether the report was made pursuant to mandatory reporting requirements and whether the report substantiated that the child was substance exposed.
6. Precludes 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.
7. Makes technical changes.
8. Becomes effective on the general effective date.
House Action
HHS 2/7/19 DPA/SE 7-1-0-1
3rd Read 3/4/19 50-9-1
Prepared by Senate Research
March 26, 2019
CRS/kja