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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
adoption; health information; update
Purpose
An emergency measure that requires specified entities that place children for adoption to provide notification when supplemental information is received from an adoptee's birth family. Requires the Department of Child Safety (DCS) to permit any young adult who was discharged from foster care due to age during the Coronavirus Disease 2019 (COVID-19) public health emergency to reenter foster care.
Background
Prior to placing a child for adoption, DCS, an agency or a person who is placing the child is required to compile and provide the prospective adoptive parents with detailed written nonidentifying information, including a health and genetic history, and all nonidentifying information about the birth parents or members of the birth parents' family. The information must be included in a document that is separate from any other document that contains identifying information. The aforementioned requirement is not applicable if the adoptee's birth parents are deceased, their location is unknown or the information is otherwise unavailable. Statute allows records that contain the prescribed information to be supplemented with additional information that is supplied by a member of the adoptee's birth family, a member of the adoptive family, an adult adoptee or the family of an adult adoptee. Any such supplemental information must be filed with all other information regarding the adoption (A.R.S. § 8-129).
DCS and licensed child welfare agencies are authorized to establish independent living programs for specified youths who are the subject of a dependency petition or are adjudicated dependent. Independent living programs can be residential programs that provide supervision for less than 24 hours a day for youths who are under the supervision of DCS through a licensed child welfare agency or a contracted foster home. DCS is also authorized to establish a transitional independent living program for specified individuals that provides care and services that complement the person’s efforts to achieve self-sufficiency and to accept personal responsibility for preparing for and making the transition to adulthood. Additionally, DCS is authorized to establish an Extended Foster Care Program (EFC Program) for qualified young adults who meet prescribed criteria and to coordinate case management plans to assist Program participants to graduate from high school and pursue outlined post-secondary education goals (A.R.S. §§ 8-521; 8-521.01; and 8.521.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS, an agency or a person placing a child for adoption to notify an adoptee who is at least 18 years old, or the adoptive parents of an adoptee who is under 18 years old, of the receipt of any supplemental information from a member of the adoptee's birth family.
2. Permits a qualified young adult who was previously adopted and who is participating in an independent living program, a transitional independent living program or the EFC Program to request records containing the outlined nonidentifying information.
3. Requires DCS to do the following, until October 1, 2021, in order to obtain specified monies from the Social Security Act:
a) permit
any young adult who was discharged from foster care due to age during the
COVID-19 public health emergency to reenter foster care voluntarily;
b) provide notice to any youth who was discharged from foster care due to age during the COVID-19 public health emergency to make the youth aware of the option to return to foster care;
c) facilitate the voluntary return of a qualified youth to foster care; and
d) conduct a public awareness campaign about the option to voluntarily return to foster care for youths who are younger than 22 years old, who aged out of foster care during FYs 2020 or 2021 or who are otherwise eligible to return to foster care.
4. Prohibits DCS from requiring a child to leave foster care solely due to age prior to October 1, 2021.
5. Repeals requirements and prohibitions related to foster care reentry on October 1, 2021.
6. Makes technical changes.
7. Becomes effective on signature of the Governor, if the emergency clause is enacted, retroactive to December 22, 2020.
House Action
HHS 1/25/21 DP 9-0-0-0
3rd Read 2/4/21 59-0-0-0-1
Prepared by Senate Research
March 1, 2021
CRS/kja