ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: HHS DP 9-0-0-1

HB 2480: group homes; random drug screening

Sponsor: Representative Parker B, LD 10

House Engrossed

Overview

Requires the Arizona Department of Child Safety (DCS) to develop and implement policies and procedures to conduct random quarterly drug screening for group foster home employees.

History

A group foster home is a licensed regular or special foster home that is suitable for placement of five or more minor children but not more than ten minor children (A.R.S. § 8-501). DCS must place a child in the least restrictive type of placement available, consistent with the best interests of the child. The order for placement preference is as follows:

1) with a parent;

2) with a grandparent;

3) in kinship care with another member of the child's extended family, including a person who has a significant relationship with the child;

4) in licensed family foster care;

5) in therapeutic foster care;

6) in a group home; and

7) in a residential treatment facility (A.R.S. § 8-514).

Laws 1994, Chapter 246 established drug testing of employees. Currently, in order to testify reliably for the presence of drugs or alcohol impairment, an employer can require samples from its employees and prospective employees and require presentation of reliable individual identification from the person being tested to the person collecting the samples. An employer may take adverse employment action based on a positive drug test or alcohol impairment test. As well as impose disciplinary or rehabilitative actions if an employee returns with a positive drug test or alcohol impairment test or refuses to provide a drug testing sample or alcohol impairment sample. Disciplinary or rehabilitative actions include: 1) a requirement that the employee enroll in an employer provided or employer approved rehabilitation, treatment or counseling program which may include additional drug testing and alcohol impairment testing, participation in which may be a condition of continued employment and the costs of which may or may not be covered by the employer's health plan or policies; 2) suspension of the employee, with or without pay, for a designated period of time; 3) termination of employment; 4) in the case of drug testing, refusal to hire prospective employee; and 5) other adverse employment action.

All communications received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program are confidential communications and cannot be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding unless certain criteria are met (A.R.S. §§ 23-493.01 23-493.05, 23-493.07 and 23-493.09).

Provisions

1. Instructs DCS to develop and implement policies and procedures to conduct random quarterly drug screening of group foster home employees that must comply with statutory requirements relating to drug testing of employees. (Sec. 1)

2. Prohibits an employee of a group foster home from having contact with any child living at the group foster home before an initial drug screening. (Sec. 1)

3. Allows DCS to conduct random drug screening of any group foster home employee if the employee is involved in an accident or incident in which a child that lives at the group foster home is injured. (Sec. 1)

4. Requires a group foster home to submit the results of all random drug screening to DCS within 48-hours after receiving the drug screening results. (Sec. 1)

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8. HB 2480

9. Initials AG/MT Page 0 House Engrossed

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