Chapter 0036 - 562R - H Ver of HB2454

House Engrossed

kinship foster care; hearings; reports

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

CHAPTER 36

HOUSE BILL 2454

An Act

amending section 8-514.07, Arizona Revised Statutes; relating to kinship foster care.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-514.07, Arizona Revised Statutes, is amended to read:

START_STATUTE8-514.07. Kinship foster care; relative identification and notification; due diligence search

A. If a child is taken into temporary custody, as part of the ongoing search, the department shall use due diligence in an initial search to identify and notify adult relatives of the child and persons with a significant relationship with the child within thirty days after the child is taken into temporary custody.

B. The search to identify adult relatives of the child or persons with a significant relationship with the child must include:

1. An interview with the child's parent.

2. An interview with the child.

3. Interviews with identified adult relatives.

4. Interviews with other persons who are likely to have information regarding the location of adult relatives of the child or persons with a significant relationship with the child.

5. A comprehensive search of available records that are likely to help identify and locate a person being sought, including:

(a) Employment records.

(b) Vehicle registration records.

(d) Utility accounts.

(e) Previous residential addresses.

(f) Law enforcement records.

(g) State department of corrections records.

6. Thorough inquiries by the court of the parties during case hearings.

7. Any other means the department deems likely to identify adult relatives of the child or persons with a significant relationship with the child.

C. Within thirty days after the child is taken into temporary custody and at each subsequent review and report hearing or permanency planning hearing, the department shall file with the court documentation regarding attempts made pursuant to this section or as otherwise required by the court to identify and notify adult relatives of the child and persons with a significant relationship with the child. This documentation shall include a detailed narrative explaining the department's efforts to consider each potential placement and the specific outcome.

D. The department shall provide notice to adult relatives of the child and persons with a significant relationship with the child who are identified through the search requirements of this section. The notice shall do the following:

1. Specify that the child has been or is being removed from the child's parental custody.

2. Explain the options an adult relative of the child or a person with a significant relationship with the child has to participate in the care or placement of the child.

3. Explain that financial assistance and other forms of support are available to adult relatives of the child and persons with a significant relationship with the child with whom the child is placed.

4. Describe the process for becoming a licensed foster parent and the additional services and support that are available for children placed in approved foster homes.

5. Require an adult relative of the child or a person with a significant relationship with the child to respond within thirty days after receiving notice that the child has been removed from the home.

E. If the child is not placed with an adult relative of the child or person with a significant relationship with the child or the child is placed with an adult relative or person with a significant relationship with the child who is unable or unwilling to provide permanent placement for the child, the department shall continue to conduct an ongoing search for adult relatives of the child or persons with a significant relationship with the child. The department shall engage in search efforts if ordered by the court, a change in the child's placement occurs or a party shows that the search is in the best interest of the child.

F. The department shall file with the court documentation of both of the following:

1. The completed due diligence search efforts. This documentation shall include:

(a) The names of and relevant information about adult relatives of the child or persons with a significant relationship with the child.

(b) the steps taken by the department to locate and contact adult relatives of the child or persons with a significant relationship with the child.

(d) the dates of each attempted or completed contact with an adult relative of the child or a person with a significant relationship with the child.

(e) the reasons why an adult relative of the child or a person with a significant relationship with the child was not considered for temporary or permanent placement of the child.

2. All efforts for placement of the child through an interstate compact agreement pursuant to section 8-548. This documentation shall include:

(a) The names of adult relatives of the child or persons with a significant relationship with the child who were considered for an interstate placement.

(b) Any pending placement of the child through an interstate compact agreement.

(c) All potential out-of-state placements outside of an interstate compact agreement and the reasons such placements have not been initiated.

G. If an out-of-state placement option exists and the department has failed to file a request with the receiving state pursuant to the requirements of an interstate compact agreement pursuant to section 8-548, the court shall enter a finding that the department has not made a due diligence search and shall order the department to file a request with the receiving state pursuant to the terms of the interstate compact agreement. END_STATUTE