REFERENCE TITLE: oversight committee; residential care; children

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

HB 2217

Introduced by

Representatives Butler: Fernandez B, Jermaine, Powers Hannley

AN ACT

Establishing the independent oversight committee on residential care facilities that provide services to migrant children.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Independent oversight committee on residential care facilities that provide services to migrant children; membership; duties; report; delayed repeal

A. The independent oversight committee on residential care facilities that provide services to migrant children is established.  The department of health services shall provide staff support to the independent oversight committee. 

B. The independent oversight committee consists of the following members:

1. Two members of the senate who are appointed by the president of the senate, one from each political party.  The president of the senate shall designate one of the members as chairperson of the committee.  The chairperson and the vice chairperson shall be from different political parties.

2. Two members of the house of representative who are appointed by the speaker of the house of representatives, one from each political party. The speaker of the house of representatives shall designate one of the members as vice chairperson of the committee.  The chairperson and the vice chairperson shall be from different political parties.

3. The chairperson of the board of fingerprinting or the chairperson's designee.

4. The following members who are appointed by the governor:

(a) A representative of an organization that provides legal services to immigrant children and youth.

(b) A representative of an organization that provides advocacy for children rights.

(c) A representative of an organization that provides counseling to children or youth.

(d) A licensed social worker who has experience working with immigrant children or youth.

(e) Two members who have a valid teaching certificates and have at least five years' experience in teaching, at least one of whom has an endorsement in bilingual education, English as a second language or structured English immersion.

(f) One member who has experience in psychology.

(g) One member who has law enforcement experience.

(h) One member who is or was in the last five years employed with United States immigration and customs enforcement, the United States customs and border protection or the United States citizenship and immigration services.

(i) A licensed pediatrician in this state.

(j) One member who has experience or knowledge in the needs of children in foster care placements and who is not a state employee.

(k) A representative of one of the consulate offices for Mexico or a country in Central America.

C. The independent oversight committee shall:

1. Recommend improvements to delivering services in residential care facilities that provide services to migrant children, including medical care, counseling, case management, education, legal representation and recreation.

2. Review residential care facility records, including employee records, complaints filed and records of services provided to children in the facilities and data relating to the length of stay.

3. Make recommendations to the director of the department of health services and the legislature regarding laws, rules, policies, procedures and practices to ensure the protection of the rights of children in these residential care facilities.

D. On or before December 31, 2022 and December 31, 2023, the independent oversight committee shall issue a report with the committee's recommendations to the governor, the president of the senate, the speaker of the house of representatives, the chairpersons of the health and human services committees in the senate and the house of representatives, or their successor committees, and the director of the department of health services. The committee shall provide a copy of the reports to the secretary of state.

E. Subject to federal law, independent oversight committee members shall:

1. Have access to review:

(a) Employee information and records, including applications, reviews, employee investigations and outcomes relating to employee complaints, and any reports filed with the department of health services or a law enforcement agency relating to employees working at residential care facilities.

(b) Records regarding services and lengths of stay for children in residential care facilities.

2. Have the ability to tour residential care facilities with reasonable notice provided to the facility.

F. Any information relating to a child in a residential care facility shall be released to the independent oversight committee without designating personally identifiable information unless it is required for the official purposes of the committee. For purposes of this subsection, "personally identifiable information" means a person's name, address, date of birth, school identification number or other assigned number, country of birth, names and addresses of parents or next of kin or any other distinguishing characteristic that tends to identify a particular person.

G. Members of the independent oversight committee are not eligible to receive compensation, but members appointed by the governor are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

H. This section is repealed from and after June 30, 2024.