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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
Senate: HHS DPA 7-0-0-0 | 3rd Read 23-7-0-0
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SB 1186: foster care; children; parents; rights
Sponsor: Senator Bennett, LD 1
Transmitted to the Governor
Overview
Applies the rights of foster care children and parents to kinship foster care children and parents and expands those rights. Prescribes the rights of parents, guardians and custodians that are under investigation for an allegation of abuse or neglect or when a child is placed in the custody of the Arizona Department of Child Safety (DCS).
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 or 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).
Laws 2009, Chapter 159, the Bill of Rights for Children And Youth in Foster Care Act, grants foster care children various rights, including the right to: 1) live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm, appropriate privacy for personal needs and is treated with respect; 2) attend community, school and religious services and activities; 3) personal space in the foster home, preferably in the child's bedroom for storing clothing and belongings; 4) appropriate care and treatment in the least restrictive setting available; 5) report a violation of personal rights without fear of punishment, interference, coercion or retaliation; 6) have the child's records and personal information kept private and discussed only when it is about the child's care; and 7) understand and have a copy of the listed rights.
Additionally, Laws 2010, Chapter 89, established several rights for foster care parents, including the right to: 1) be included as a valued member of the team that provides services to the foster child; 2) be informed of all information regarding the child that will impact the foster home or family during the care of the foster child; 3) be informed of all agency policies and procedures that relate to the foster parent's role as a foster parent; 4) be able to receive services and reach personnel on a 24-hour, seven days per week basis; 5) confidentiality regarding issues that arise in the foster hone; 6) receive support services that assist them to care for the child; and 7) not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age or physical disability.
Laws 1995, Chapter 281, created the Office of the Ombudsman-Citizens Aide (OCA) to investigate the administrative acts of state agencies and annually report to the Governor, Legislature and public on its activities by January 1. The OCA has an appointed assistant to investigate complaints relating to DCS. The Ombudsman Citizens-Aide and appointed assistant have access to DCS's records and direct remote access to any automated case management system used by the agency (A.R.S. § 41-1376).
Provisions
Rights of Children in Foster Care or Kinship Foster Care
1. 
Applies the rights of foster care
children to kinship foster care children.
(Sec. 1)
2. Entitles children in foster care or kinship foster care to the following rights:
a) to be placed with a relative when such placement is in the best interest of the child;
b) to be placed with or in close proximity to the child's siblings when possible and to visit and have contact with siblings and family when it is in the best interest of the child;
c) to not be subject to physical discipline;
d) to attend extracurricular activities;
e) to be enrolled in the least restrictive school if remaining in the child's current school is not in the child's best interest;
f) to be represented by an attorney in all child-safety initiated proceedings; and
g) to receive medical, dental, vision and mental health services and be informed about diagnoses and treatment options as is developmentally appropriate. (Sec. 1)
3. Extends the prescribed additional rights for a foster care child to a kinship foster care child and changes the age to whom these rights apply to from 16 to 14 years old. (Sec. 1)
4. Grants the following rights to foster or kinship foster care children who are at least 14 years of age:
a) to be informed of information regarding assistance and funding for postsecondary and vocational education;
b) to receive help obtaining credit reports as well as assistance in interpreting and resolving inaccuracies in the reports; and
c) to participate in or reenter extended foster care when the child is between 18 and 21 years of age. (Sec. 1)
5. Repeals the right that a child's personal possession cannot be offensive to the foster family. (Sec. 1)
6. Repeals the specification that a child's right to be informed of educational opportunities be provided to them only before leaving foster care. (Sec. 1)
7. Directs DCS to provide information regarding a child's rights and assistance in understanding and enforcing these rights to each child that enters foster care, kinship foster care or when there is a change in the child's foster care plan. (Sec. 1)
8. Requires a copy of the rights of foster care and kinship foster care children to be posted in a conspicuous place in all foster care and group homes. (Sec. 1)
9. Permits a child or their representative, if the child believes their rights have been violated, to:
a) file a complaint with DCS, DCS Ombudsman or the OCA; or
b) notify the juvenile court in the child's ongoing dependency, severance or adoption proceeding, either orally or in writing, that the child's rights are being violated and request appropriate equitable relief. (Sec. 1)
Rights of Foster Care Parents and Kinship Foster Care Parents
10. Applies the rights of foster care parents to kinship foster care parents. (Sec. 2)
11. Entitles foster care and kinship foster care parents to the following rights:
a) to be included as a valued member of the team providing services to the child, including participation in meetings that involve the child's service team;
b) to report a violation of rights without fear of punishment, interference, coercion or retaliation; and
c) to be notified when a child is returning to foster care or when a child is currently placed in foster care or kinship foster care becomes available for adoption. (Sec. 2)
12. Directs DCS to provide information regarding a foster parent or kinship foster care parent's rights and assistance in understanding and enforcing these rights when a child is placed in their care or when there is a change in the child's foster care or kinship foster care plan. (Sec. 2)
13. Allows foster and kinship foster care parents, or their representatives, if they believe their rights have been violated to file a complaint with DCS, DCS Ombudsman or the OCA and notify the juvenile court and all parties to the child's ongoing dependency, severance or adoption proceeding orally or in writing of the complaint. (Sec. 2)
Child Safety Workers
14. Adds that a child safety worker must inform a foster family of the following information:
a) that absent a court order, the family may deny the worker entry into the family's home;
b) that the family has the right to seek the advice of an attorney and have an attorney present when questioned by a worker;
c) that anything the person says or writes may be used in a court proceeding;
d) that the family may refuse to sign a release of information document, consent to take a drug or alcohol test or submit to a mental health evaluation; and
e) the OCA email address. (Sec. 3)
15. Directs child safety workers to provide information to the family about the investigation and child safety decision-making process and document that the information has been provided and make reasonable efforts to receive written acknowledgement of its receipt. (Sec. 3)
16. Requires child safety workers to document the reasons why their efforts to obtain written acknowledgement were unsuccessful. (Sec. 3)
Rights of Parents, Guardians or Custodians Under Investigation
17. Entitles, on initial contact with a child safety worker, parents, guardians or custodians under investigation for an allegation of abuse or neglect to the following rights:
a) to be informed of the specific complaint or allegation against that person and that any responses to the complaint or allegation may be used in a subsequent court proceeding;
b) to refuse to cooperate with the investigation or receive child safety services offered;
c) to deny the worker entry into the parent's, guardian's or custodian's home, unless otherwise ordered by the court;
d) to respond to allegations either verbally or in writing and to have this information considered in determining if the child requires child safety services;
e) to report a violation of these rights without fear of punishment, interference, coercion or retaliation;
f) to appeal determinations made by DCS;
g) to seek the advice of an attorney and to have an attorney present when questioned by a worker;
h) to refuse to sign a release of information document, consent to take a drug or alcohol test or submit to a mental health evaluation, unless otherwise ordered by the court;
i) to receive information about the investigation and DCS's decision-making process; and
j) to be informed both verbally and in writing of these rights and any parental rights under state law and to provide written acknowledgement of receipt of these rights. (Sec. 5)
18. Prohibits a child from being removed based solely on a parent's, guardian's, or custodian's refusal to cooperate with the investigation. (Sec. 5)
19. Directs child safety workers to take all lawful measures to protect the child before providing the notice of rights, if they have probable cause to believe that exigent circumstances exist that present an imminent danger to the child. (Sec. 5)
20. Permits foster and kinship foster care parents, guardians or custodians, if they believe their rights have been violated, to:
a) file a complaint with DCS, DCS Ombudsman or the OCA; or
b) notify the juvenile court in the child's ongoing dependency or severance proceeding, either orally or in writing, that their rights are being violated and request appropriate equitable relief. (Sec. 5)
Rights of Parents, Guardians or Custodians Whose Child is in DCS Custody
21. Grants parents, guardians or custodians whose child is placed in DCS's custody, unless parental rights have been terminated, exigent circumstances exist or as otherwise ordered by the court to the following rights:
a) to not have the child taken into custody without DCS providing the reasons for the removal and information supporting the removal;
b) to the extent practicable, be immediately notified verbally or in writing that the child was taken into custody;
c) to receive information on the services available to the child, parent, guardian or custodian and the dependency process and timeliness;
d) to have an attorney present or an attorney appointed by the court to all court proceedings;
e) to be timely notified of the date, time and location of all hearings and to participate in all hearings;
f) to participate in the development of a case plan whenever possible;
g) to receive services if the child has been removed from the home, including services that facilitate reunification of the family;
h) to maintain contact with the child, unless it is determined by DCS or the court to be harmful to the child's safety or well-being;
i) to be consulted about the child's medical care, education and grooming; and
j) to request that the child be returned if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. (Sec. 5)
22. Directs DCS to provide information regarding parent's, guardian's or custodian's rights and assistance in understanding and enforcing these rights to each parent, guardian and custodian on initial contact with a child safety worker or when there is a change in the child's case plan. (Sec. 5)
23. Permits foster and kinship foster care parents, guardians or custodians, if they believe their rights have been violated, to:
a) file a complaint with DCS, DCS Ombudsman or the OCA; or
b) notify the juvenile court in the child's ongoing dependency or severance proceeding, either orally or in writing, that their rights are being violated and request appropriate equitable relief. (Sec. 5)
Miscellaneous
24. Lists the information that DCS must provide to foster care or kinship foster care children and parents:
a) DCS's telephone number and email address;
b) the child's assigned case manager;
c) the DCS Ombudsman; and
d) the OCA. (Sec. 1, 2 and 5)
25. Permits formal grievances to be initiated with the Ombudsman at any time. (Sec. 1, 2 and 5)
26. Directs the court to act on notification, as necessary, within its discretion to promote the best interest of the child. (Sec. 1, 2 and 5)
27. Requires DCS to provide on its website information on the rights of parents, guardians or custodians that are under investigation or when their child is placed in DCS custody. (Sec. 4)
28. Makes technical and conforming changes. (Sec. 1-4)
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32. SB 1186
33. Initials AG Page 0 Transmitted
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