ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: HHS DPA 8-0-0-1

HB 2084: kinship care; fingerprint requirement; waiver

Sponsor: Representative Osborne, LD 13

House Engrossed

Overview

Allows the Department of Child Safety (DCS) to waive the fingerprint clearance card requirement for kinship foster parents and provide them with a restricted license if it is waived. Repeals changes to statute made by Laws 2018, Chapter 153, Section 3.

History

DCS may place a child in a licensed foster home for care or for adoption. DCS is required to place a child in the least restrictive type of available placement. The placement of a child must adhere to a statutorily defined order of placement (A.R.S. § 8-514). DCS runs a Foster Kinship Care Program (Program) which promotes children being placed with a family member. Statute outlines requirements for the Program applicants which include criminal records checks, home visits and interviews of household members (A.R.S. § 8-514.03).

Laws 2018, Chapter 153, Section 3 removed the requirement that the Program promote the placement of the child with the child's relative for kinship foster care, but rather requires the placement of a child in kinship foster care to be determined by the best interest of the child.

DCS cannot issue a license to foster homes without satisfactory proof that: 1) the foster parent or parents have completed six hours of approved initial foster parent training; and 2) each foster parent and adult member of the household has a valid fingerprint clearance card. The foster parent and each adult member of the household must certify on notarized forms provided by DCS whether the foster parent or other adult member of the household is awaiting trial or has ever been convicted of specified criminal offenses (A.R.S. §§ 8-509 and 41-1758.07). 

 

Provisions

1.   Requires a kinship foster care parent to apply for a fingerprint clearance card. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows DCS, in its discretion and for good cause, to waive the requirement for a kinship foster care parent to obtain a fingerprint clearance card. (Sec. 1)

3.   Directs DCS to use specified criteria to determine if good cause exists to waive the fingerprint clearance card requirement. (Sec. 1)

4.   Requires DCS to issue a restricted license to the kinship foster care parent that applies only to children placed with the parent for kinship foster care if DCS waives the fingerprint requirement. (Sec. 1)

5.   Specifies that a kinship foster care parent with a restricted license is still eligible for full foster care benefits, including payment. (Sec. 2)

6.   Repeals changes made to statue by Laws 2018, Chapter 153, Section 3. (Sec. 3)

7.   Makes conforming changes. (Sec. 1, 2)

 

 

 

 

 

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                  HB 2084

Initials AG/JB        Page 0 House Engrossed

 

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