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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
child placement; relative search; notice.
Purpose
Prescribes procedures for the Department of Child Safety (DCS) when conducting a due diligence search to identify and notify a child's adult relatives or any persons with a significant relationship with the child (kinship caregivers), if the child has been taken into temporary custody.
Background
DCS's 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).
If a child is taken into temporary custody, as part of the ongoing search, DCS must use due diligence in an initial search to identify and notify any kinship caregivers within 30 days. DCS must file information with the court regarding attempts made to identify and notify any kinship caregivers. The placement of a child who is in DCS custody is determined by the best interests of the child, and DCS must establish kinship foster care services for a child who has been removed from the child's home (A.R.S. §§ 8-514.03 and 8-514.07).
Statute requires a child to be taken into temporary custody pursuant to one of the following: 1) a superior court order; 2) without a court order by a peace officer, child welfare investigator or child safety worker, if custody is clearly necessary to protect the child because of exigent circumstances; or 3) the consent of the child's parent or guardian. An exigent circumstance means there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and other prescribed criteria are met. The court must hold a preliminary protective hearing to review the temporary custody of a child between five to seven days after the child is taken into custody. If the child is in the temporary custody of DCS, DCS must submit to the court, by the day before the hearing, a written report that includes whether the child has any relatives or other interested parties who may be willing to take temporary custody (A.R.S. § 8-821).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court to order DCS to initiate a due diligence search for a kinship caregiver if a child is taken into temporary custody.
2. Includes, in DCS's written report to the court prior to a preliminary protective hearing, DCS's efforts to identify, notify and assess kinship caregivers through a due diligence search.
3. Requires a search to identify a kinship caregiver 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 who are likely to have information regarding the location of kinship caregivers;
e) a comprehensive search of available records that are likely to help identify and locate a person being sought, including:
i. employment records;
ii. vehicle registration records;
iii. utility accounts;
iv. previous residential addresses;
v. law enforcement records; and
vi. Arizona Department of Corrections, Rehabilitation and Reentry records;
f) thorough inquiries by the court of the parties during case hearings; and
g) any other means DCS deems likely to identify kinship caregivers.
4. Requires DCS, within 30 days after a child is taken into temporary custody and at each subsequent hearing, to file documentation with the court regarding attempts made to identify and notify the child's kinship caregivers.
5. Requires the documentation filed with the court to include a detailed narrative explaining DCS's efforts to consider each potential placement and the specific outcome.
6. Requires DCS to notify a child's kinship caregivers who are identified through the search requirements and requires the notice to:
a) specify that the child has been or is being removed from parental custody;
b) explain the options for participating in the care or placement of the child, including any options that may be lost by not responding to the notice;
c) explain that financial assistance and other forms of support are available to kinship caregivers with whom the child is placed;
d) describe the process for becoming a licensed foster parent and the additional services and support available for children placed in approved foster homes; and
e) require a response within 30 days after receiving the notice.
7. Requires DCS to file with the court documentation of:
a) the completed due diligence search efforts, including:
i. the names of and relevant information about any kinship caregivers;
ii. steps taken by DCS to locate and contact any kinship caregivers;
iii. responses received from any kinship caregivers;
iv. dates of each attempted or completed contact with a kinship caregiver; and
v. reasons why a kinship caregiver was not considered for temporary or permanent placement of the child;
b) all efforts for placement of the child through the Interstate Compact on the Placement of Children (ICPC), including:
i. the names of kinship caregivers who were considered for an interstate placement;
ii. any pending placement of the child through an ICPC agreement; and
iii. all potential out-of-state placements outside of an interstate compact agreement and the reasons such placements have not been initiated.
8. Requires the court, if an out-of-state placement option exists and DCS failed to file a request with the receiving state pursuant to the ICPC, to enter a finding that DCS has not made a due diligence search and to order DCS to file a request with the receiving state pursuant to the ICPC.
9. Requires the court, at an initial dependency hearing, to:
a) determine, rather than order, if the parent or guardian is providing the court and DCS with information necessary to locate kinship caregivers; and
b) determine whether DCS is conducting a due diligence search.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
House Action
HHS 2/13/23 DPA 9-0-0-0
3rd Read 2/22/23 48-12-0
Prepared by Senate Research
March 16, 2023
MG/slp