ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

 

HB 2313: child placement; relative search; notice.

Sponsor: Representative Jones, LD 17

Committee on Health & Human Services

Overview

Expands the Arizona Department of Child Safety (DCS) procedures when conducting due diligence searches to identify and notify adult relatives or persons with a significant relationship with a child taken into temporary custody.

History

The primary purpose of DCS is to protect children. To achieve this, DCS will do and focus equally on: 1) investigating reports of abuse and neglect; 2) assessing, promoting and supporting the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse and neglect; 3) cooperating with law enforcement regarding reports that include allegations of criminal conduct; and 4) coordinating services to achieve and maintain permanency for the child, strengthen the family and provide prevention, intervention and treatment services without compromising the child's safety (A.R.S. § 8-451).

If a child is taken into temporary custody, as part of the ongoing search, DCS must use due diligence in its initial search to identify and notify adult relatives and persons with a significant relationship with the child within 30 days after the child is taken into temporary custody. Additionally, DCS must file with the court its attempts to identify and notify adult relatives and persons with a significant relationship with the child (A.R.S. § 8-514.07).

A child can be taken into temporary custody for only one of the following: 1) upon order of the superior court; 2) by a peace officer, child welfare investigator or child safety worker if necessary to protect the child; or 3) by the consent of the child's parent or guardian. The court must hold a preliminary protective hearing to review the taking of a child into temporary custody not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays Sundays and holidays (A.R.S. §§ 8-821 and 8-824).

Provisions

DCS's Due Diligence Search Procedures

1.   Asserts that if a child is taken into temporary custody the court must order DCS to initiate a due diligence search. (Sec. 2)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires DCS's search when identifying adult relatives or persons with a significant relationship with the child to include:

a)   an interview with the child's parent;

b)   an interview with the child;

c)   interviews with identified adult relatives;

d)   interviews with other persons likely to have information regarding the location of adult relatives or persons with a significant relationship with the child;

e)   a comprehensive search of databases;

f) thorough inquiries by the court of the parties during case hearings; and

g)   any other means likely to identify adult relatives or persons with a significant relationship with the child. (Sec. 1)

3.   Directs DCS to file with the court documentation regarding attempts made to identify and notify adult relatives or persons with a significant relationship with the child within 30 days after the child is taken into temporary custody and at each subsequent hearing. (Sec. 1)

4.   Requires the document to include:

a)   a narrative explaining that adult relatives or persons with a significant relationship with the child have accepted or rejected consideration for the child's placement and the status of the DCS's efforts to consider potential replacement; and

b)   documentation of unresponsiveness from adult relatives and persons with a significant relationship with the child who received notice. (Sec. 1)

5.   Requires DCS, unless domestic violence or other safety concerns exist, to provide notice by certified mail to adult relatives or persons with a significant relationship with the child who are identified through DCS's search. (Sec. 1)

6.   Outlines the responses that must be provided in the notice. (Sec. 1)

7.   Instructs DCS to continue to conduct an ongoing search for adult relatives or persons with a significant relationship with the child for six months following the child's out-of-home placement, even if the child's first placement is with an adult relative or person with a significant relationship with the child. (Sec. 1)

8.   Requires DCS to resume search efforts if ordered by the court, a change in the child's placement occurs or a party shows that continuing the search is in the best interests of the child. (Sec. 1)

9.   Specifies that on conclusion of DCS's due diligence search efforts, DCS must file with the court documentation of both of the following:

a)   the completed due diligence search efforts containing specified information; and

b)   all documented efforts for placement of the child through an interstate compact agreement, including specified information. (Sec. 1)

10.  Specifies that if an out-of-state placement option exists and DCS has failed to file a request with the receiving state pursuant to the interstate compact agreement, the court must enter a finding that DCS has not made a due diligence search and must order them to file a request with the receiving state. (Sec. 1)

11.  Stipulates that if an adult relative or a person with a significant relationship with the child receives notice, either fails to respond or responds and declines to be considered as placement for the child and later petitions the court for a change in placement, they must provide evidence that such change is in the child's best interest. (Sec. 1)

Miscellaneous

12.  Directs DCS to submit a written report to the court disclosing their efforts to identify, notify and assess adult relatives and persons with a significant relationship with the child no later than the day before the preliminary protective hearing. (Sec. 4)

13.  Requires the court to:

a)   determine at the initial dependency hearing, rather than order, if the parent or guardian is providing the court and DCS with all available information necessary to locate persons who are related to the child or have a significant relationship with the child; and

b)   determine that DCS is conducting a due diligence search. (Sec. 5)

14.  Removes the requirement that if there is not sufficient information available to locate a relative or persons with a significant relationship with the child, the parent or guardian must inform the court of this fact. (Sec. 5)

15.  Removes the requirement that the court must order the parent or guardian to inform DCS immediately if the parent or guardian becomes aware of information related to the existence or location of a relative or persons with a significant relationship with the child (Sec. 5)

16.  Makes technical and conforming. (1-3, 5)

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20.                    HB 2313

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