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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
foster care; children; parents; rights
Purpose
Extends the rights of foster care children and parents to kinship foster care children and parents. Expands the rights of foster and kinship foster care children and parents. Establishes and outlines the rights of parents, guardians and custodians that are under investigation for an allegation of abuse or neglect.
Background
The Department
of Child Safety's (DCS) primary purpose is to protect children. Required DCS
duties necessary to achieve that purpose include: 1) investigating reports of
abuse and neglect; 2) assessing, promoting and supporting the safety of a child
in a safe and stable family;
3) working cooperatively with law enforcement regarding reports that include
criminal conduct allegations; and 4) without compromising child safety,
coordinating services to achieve and maintain permanency on behalf of the
child, strengthen the family and provide child-safety prevention, intervention
and treatment services (A.R.S.
§ 8-451).
A child in
foster care has various outlined rights, including the right to: 1) appropriate
care and treatment in the least restrictive setting available; 2) live in a
safe, healthy and comfortable placement; 3) attend community, school and
religious services and activities; 4) have personal possessions at home that
are not offensive to the foster family; 5) personal space, in the foster home
preferably, in the child's bedroom for storing clothing and belongings; 6)
report a violation of personal rights without fear of punishment, interference,
coercion or retaliation; and
7) understand and have a copy of all outlined rights (A.R.S.
§ 8-529).
A foster parent has various outlined rights, including the right to: 1) be included as a valued member of the team that provides services to the foster child; 2) be treated with consideration and respect for the foster parent's personal dignity and privacy; 3) be informed of all agency policies and procedures that relate to the foster parent's role as a foster parent; 4) receive training that will enhance their skills and ability to cope as a foster parent; and 5) be able to receive services and reach personnel on a twenty-four hour, seven days per week basis (A.R.S. § 8-530).
The Office of the Ombudsman-Citizens’ Aide (OCA) was established to make government more responsive to Arizona citizens. It is the office that Arizona citizens can turn to when they feel they have been treated unfairly by a state administrator, agency, department, board or commission (OCA). The OCA has an appointed assistant to investigate complaints relating to DCS (A.R.S. § 41-1376).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Rights of Children in Foster Care or Kinship Foster Care
1. Extends the rights of a child in foster care to a child in kinship foster care.
2. Declares that it is a right of a child in foster care or kinship foster care to:
a) be placed with a relative when such placement is in the best interest of the child;
b) 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) not be subjected to physical discipline;
d) attend extracurricular activities;
e) be enrolled in the least restrictive school if remaining in the child's current school is not in the child's best interest;
f) be represented by an attorney in all child-safety initiated proceedings; and
g) receive medical, dental, vision and mental health services and be informed about diagnoses and treatment options, as is developmentally appropriate.
3. Removes the specification that a child's personal possessions cannot be offensive to the foster family.
4. Extends the additional rights of a foster child who is at least 16 years of age to a foster or kinship foster care child who is at least 14 years of age.
5. Declares that it is a right of a foster or kinship foster care child who is at least 14 years of age to:
a) be informed of information regarding assistance and funding for postsecondary and vocational education opportunities;
b) receive help obtaining credit reports as well as assistance in interpreting and resolving inaccuracies in the credit reports; and
c) participate in or reenter extended foster care for children between 18 and 21 years of age.
6. Removes the requirement that information relating to educational opportunities be provided to a child only before leaving foster care.
7. Requires DCS to provide information regarding a child's rights and assistance in understanding and enforcing these rights to each child who enters foster care or kinship foster care or when there is a change in the child's foster care plan.
8. Requires the information provided by DCS to include the telephone number and email address of DCS, the child's assigned case manager, the DCS Ombudsman and the OCA.
9. Requires a copy of the rights of a child in foster care or kinship foster care to be posted in a conspicuous place in all foster care and group homes.
10. Allows a child or child's representative, if the child believes that the child's rights have been violated, to:
a) file a complaint with DCS, the 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.
11. Allows a formal grievance to be initiated with the Ombudsman at any time.
12. Requires the court to act on the violation of rights notification, as necessary and within its discretion, to promote the best interest of the child.
Rights of a Foster Care Parent or Kinship Foster Care Parent
13. Extends the rights of a foster care parent to a kinship foster care parent.
14. Declares that it is a right of a foster care parent or a kinship foster care parent to:
a) 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) report a violation of rights without fear of punishment, interference, coercion or retaliation; and
c) be notified when a child is returning to foster care or when a child who is currently placed in foster care or kinship foster care becomes available for adoption.
15. Requires DCS to provide information regarding a foster or kinship foster care parent's rights and to assist the parent 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.
16. Requires the information provided by DCS to include the telephone number and email address of DCS, the DCS Ombudsman and the OCA.
17. Allows foster and kinship foster care parents, or their representatives, that believes that their rights have been violated to:
a) file a complaint with DCS, the 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 foster or kinship foster care parent's rights are being violated and request appropriate equitable relief.
18. Allows a formal grievance to be initiated with the Ombudsman at any time.
19. Requires the court to act on the violation of rights notification, as necessary and within its discretion, to promote the best interest of the child.
Child Safety Worker
20. Expands the required information a child safety worker must inform a foster family of, including:
a) absent a court order, that the family may deny the worker entry into the family's home;
b) the family's 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) the email address of the OCA; and
e) that the family may refuse to sign a release of information document, to consent to take a drug or alcohol test or to submit to a mental health evaluation.
21. Requires a child safety worker to provide information to the foster family about the investigation and child safety decision-making process, document that this information has been provided and make reasonable efforts to receive written acknowledgement of its receipt.
22. Requires a child safety worker, if the worker's reasonable efforts to obtain written acknowledgement of receipt of the information are unsuccessful, to document the reasons why.
Rights of a Parent, Guardian or Custodian Under Investigation
23. Declares, on initial contact with a child safety worker, that a parent, guardian or custodian under investigation for an allegation of abuse or neglect has the right to:
a) 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) refuse to cooperate with the investigation or receive child safety services offered in accordance with the investigation;
c) unless otherwise ordered by the court, deny the worker entry into the parent's, guardian's or custodian's home;
d) respond to allegations, either verbally or in writing, and to have this information considered in determining if the child requires child safety services;
e) report a violation of rights without fear of punishment, interference, coercion or retaliation;
f) appeal DCS determinations;
g) receive information about the investigation and DCS's decision-making process;
h) be informed, both verbally and in writing, of their legal rights and to provide written acknowledgement of receipt of these rights;
i) seek the advice of an attorney and to have an attorney present when questioned by a worker; and
j) unless otherwise ordered by the court, refuse to sign a release of information document, to consent to take a drug or alcohol test or to submit to a mental health evaluation.
24. States that a child may not be temporarily removed based solely on a parent's, guardian's or custodian's refusal to cooperate with the investigation.
25. Requires a child safety worker, if the worker has probable cause to believe that exigent circumstances exist that present an imminent danger to a child, to take all lawful measures to protect the child before providing the notice of rights.
Rights of a Parent, Guardian or Custodian Whose Child is in DCS Custody
26. States that, unless parental rights have been terminated, exigent circumstances exist or as otherwise ordered by the court, a parent, guardian or custodian whose child is placed in DCS's custody has the right to:
a) not have the child taken into DCS custody without DCS providing the reasons for removal and information supporting the removal;
b) the extent practicable, be immediately notified, verbally or in writing, that the child was taken into custody;
c) receive information on the services available to the child, parent, guardian or custodian and the dependency process and timelines;
d) have an attorney present or an attorney appointed by the court at all court proceedings;
e) be timely notified of the date, time and location of all hearings and to participate in the hearings;
f) whenever possible, participate in the development of a case plan;
g) receive services if the child has been removed from the home, including services that facilitate reunification of the family;
h) 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) be consulted about the child's medical care, education and grooming; and
j) request that the child be returned if the court finds 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.
27. Requires DCS to provide information regarding a parent's, guardian's or custodian's rights as well as assistance in understanding and enforcing these rights on initial contact with a child safety worker or when there is a change in the child's case plan.
28. Requires the information provided by DCS to include the telephone number and email address of DCS, the DCS Ombudsman and the OCA.
29. Allows a parent, guardian or custodian, or their representative, that believes that their rights have been violated to:
a) file a complaint with DCS, the 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 parent's, guardian's or custodian's rights are being violated and request appropriate equitable relief.
30. Requires the court to act on the violation of rights notification, as necessary and within its discretion, to promote the best interest of the child.
31. Allows a formal grievance to be initiated with the Ombudsman at any time.
Miscellaneous
32. Makes technical and conforming changes.
33. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Modifies the rights of foster and kinship foster care children and parents.
2. Removes the requirement that foster rights be posted in kinship foster care homes.
3. Requires a child safety worker that believes a child is in imminent danger to have probable, rather than reasonable, cause to believe that exigent circumstances exist that present a danger to the child.
4. Declares that a parent whose child was placed in DCS custody has the right to be immediately notified that the child was taken into custody, only to the extent practicable.
5. Requires information regarding a foster or kinship foster child’s rights to include contact information for their assigned case manager.
6. Declares that foster and kinship foster parents have the right to participate in any meetings that involve their foster child’s service team, rather than participating in decision-making meetings.
Senate Action
HHS 2/7/23 DPA 7-0-0
Prepared by Senate Research
February 8, 2023
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