 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
adoption; child welfare; placement; dependency
(NOW: adoption; child welfare; dependency)
Purpose
Requires the Department of Child Safety (DCS) to complete a social study within 6 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 3 years old or has resided in the prospective adoptive parent's home for at least 6 months; or 3) in all other cases, within 6 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 6 months after receiving a completed application to adopt a child if:
a) the child is free for adoption and is at least 16 years old;
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 old;
c) consents to the adoption; and
d) has lived with the prospective adoptive parents for at least 6 months.
3. Directs DCS to promptly provide a public education agency with current contact information for a child's biological or adoptive parents if:
a) the child is in DCS custody and in out-of-home care;
b) the child is receiving or in need of special education services; and
c) a court has not ordered otherwise.
4. Directs DCS to promptly notify a public education agency of a parent who can consent to or refuse a child's initial evaluation for special education services if the public education agency notifies DCS that a child requires an initial evaluation for special education and related services and the identified parent cannot be located or does not attempt to participate.
5. Requires DCS, beginning with the 2022 data period, to make the following information available annually:
a) the statewide number of children in substantiated reports for investigation that are received in the 12 months before the reporting period that allege neglect;
b) the number of children in the reports who were removed within 30 days after receipt of the report; and
c) the number of children in the reports who were removed within 6 months after receipt of the report.
6. Makes technical changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Outlines criteria requiring that DCS provide a public education agency with a child's parental contact information if the child needs special education services or an initial evaluation for special education services.
2. Establishes DCS data reporting requirements relating to reports alleging prenatal substance exposure.
3. Eliminates proposed language precluding DCS from petitioning for the dismissal of a dependency action concerning a child whose location is unknown before the child becomes 18 years old.
4. Makes a technical change.
House Action Senate Action
HHS 2/7/19 DPA/SE 7-1-0-1 HHS 3/28/19 DPA 8-0-0
3rd Read 3/4/19 50-9-1
Prepared by Senate Research
April 1, 2019
CRS/kja