ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: HHS DP 9-0-0-0

HB 2010: adoption; health information; update

Sponsor: Representative Kavanagh, LD 23

House Engrossed

Overview

An emergency measure that requires the Department of Child Safety (DCS), an agency or person placing a child to notify an adoptee or if under 18, the adoptees parents of the receipt of any supplemental information received from a member of the birth family.

History

Before placing a child for adoption, DCS, an agency or the person placing the child must compile and provide to the prospective adoptive parents detailed written information including a health and genetic history and all nonidentifying information about the birth parents or members of a birth parent's family set forth in a document that is separate from any document containing identifying information. This does not apply if the birth parents are deceased, their whereabouts are unknown or the information is not otherwise reasonably available.

Current law states records containing the information can be supplemented with information supplied by any member of the birth family, any member of the adoptive family, an adult adoptee or the family of an adult adoptee. Supplemental information supplied to DCS or the agency or the person who placed the child must be filed with all other information concerning the adoption (A.R.S. § 8-129).

Provisions

1. Stipulates that DCS, an agency or person placing a child must notify the adoptee, if the adoptee is at least 18 years of age, or the adoptive parents, if the adoptee is under 18 years of age, of the receipt of any supplemental information from a member of the birth family. (Sec. 1)

2. Specifies that records containing detailed written nonidentifying information, including a health and genetic history and all nonidentifying information about the birth parents or members of a birth parent's family must be:

a) Retained by DCS, an agency or a person placing the child for 99 years.

b) Available on request throughout the 99-year period to an adoptee who is 18 years old or more, including a qualified young adult who was previously adopted and is participating in an independent living or extended foster care program. (Sec. 1)

3. States the DCS, in order to receive federal funding under the Social Security Act:

a) Must not allow any young adult who was discharged from foster care due to age during the COVID-19 pandemic to voluntarily reenter foster care;

b) Cannot require a child who is in foster care to leave solely by reason of the child's age before October 1, 2021;

c) Must provide to any youth who was discharged due to age during the COVID-19 pandemic notice of the option to return to foster care and must facilitate the youth's voluntary return to foster care;

d) Must conduct a public awareness campaign about the option to voluntarily reenter foster care for youth who are under 22 years old, aged out of foster care during FY 2020 or 2021 and eligible to return to foster care. (Sec. 2)

4. Repeals the outlined requirements on September 30, 2021. (Sec. 2)

5. Makes technical changes. (Sec. 1)

6. Contains a retroactivity clause of January 1, 2021. (Sec. 3)

7. Contains an emergency clause. (Sec. 4)

10. ---------- DOCUMENT FOOTER ---------

11. HB 2010

12. Initials EB/IR Page 0 House Engrossed

13.

14. ---------- DOCUMENT FOOTER ---------