ARIZONA STATE SENATE

CHERIE STONE

LEGISLATIVE RESEARCH ANALYST

HEALTH & HUMAN SERVICES COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

HEALTH & HUMAN SERVICES COMMITTEE

DATE:            March 23, 2021

SUBJECT:      Strike everything amendment to H.B. 2247, relating to DCS; data; access

Purpose

            Directs the Department of Child Safety (DCS) to provide the Arizona Supreme Court and the Ombudsman-Citizen's Aide with direct remote access to any automated case management system used by DCS.

Background

            Established in 2014, DCS's primary purpose is to protect children through investigation, assessment and support for the safety of children from abuse, neglect and other criminal conduct allegations. DCS is required to coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services without compromising child safety (A.R.S. § 8-451).

            The FCRB is part of the Dependent Children's Services Division of the Arizona Supreme Court, Administrative Office of the Courts. Established in 1978, the FCRB is tasked with reviewing and coordinating activities of local boards that advise the juvenile court regarding progress made toward permanent placement of children have been placed in out-of-home care by the DCS (A.R.S. §§ 8-515.01 and 8-515.05).

            The Office of the Ombudsman-Citizens Aide was established in 1995 to service citizens' complaints by investigating the administrative acts of state agencies and annually reporting to the Governor, Legislature and public on its activities (Laws 1995, Chapter 281). The
Ombudsman-Citizens Aide must be an Arizona resident for at least six months, be 25 years old and have investigatory experience (A.R.S. § 41-1374). Upon receiving a complaint, the Ombudsman-Citizens Aide may investigate or refuse to investigate based on specified statutory criteria (A.R.S. § 41-1377). The Ombudsman-Citizens Aide must notify a complainant of the decision to investigate or not investigate within 30 days of receiving a complaint (A.R.S.
§ 41-1378).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Obligates DCS to provide the Supreme Court direct remote access to any DCS automated case management system for the purpose of assisting local FCRBs in performing their prescribed duties.

2. Obligates DCS to provide the FCRB with direct remote online access to any dependency case records identified by the FCRB as necessary for the performance of FCRB duties.

3. Specifies that an alternate member of a local FCRB must receive the same level of access to all necessary records, reports and data as a regular local FCRB member.

4. Stipulates that the Ombudsman-Citizens Aide and the assistant have direct remote access to any DCS automated case management system.

5. Requires DCS or a licensed child welfare agency to provide the FCRB with progress reports resulting from reviews of placements and progress concerning children in foster homes.

6. Removes the requirement that the juvenile court send outlined information to local FCRBs.

7. Makes technical and conforming changes.

8. Becomes effective on the general effective date.