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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
DCS; parents' rights; vaccinations
Purpose
Prohibits the Department of Child Safety (DCS), foster parents, group home and foster home staff, relatives or other persons or agencies responsible for the care of a child from consenting to vaccination of the child without the written consent of the child's parents.
Background
DCS oversees and investigates reports of child abuse and neglect. When necessary, DCS also provides interventions to protect children alleged to be abused and neglected, including taking temporary custody of a child or placing a child in foster care. DCS coordinates services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services (DCS).
DCS may, if acting as the temporary custodian of a child, consent to specified medical procedures, including evaluation, routine or emergency medical treatment, routine dental treatment, surgery, blood transfusions, general anesthesia or testing for the human immunodeficiency virus (HIV). However, DCS may not consent to abortions on behalf of a child. Foster parents, group home staff, foster care staff, relatives of a child or other persons or agencies responsible for the care of a child may consent to, on the child's behalf, evaluation and treatment for non-life-threatening emergency conditions, routine medical and dental treatment and procedures, as well as testing for HIV. However, these care providers may not consent to general anesthesia, surgery, blood transfusions or abortions (A.R.S. § 8-514.05).
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 custody maintains the rights to: 1) not have the child taken without being
provided reasons for removal by DCS; 2) be immediately notified that the child
was taken into custody; 3) receive information on available services; 4) have
an attorney present or appointed by the court at all proceedings; 5) be able to
participate in and be timely notified of the date, time and location of all
hearings;
6) participate in the development of a case plan; 7) receive services,
including services that facilitate reunification of the family; 8) maintain
contact with the child unless the court determines it is harmful to the child;
9) be consulted about the child's medical care, education and grooming; and 10)
request that the child be returned if the court determines it would not create
substantial risk of physical, mental or emotional harm to the child (A.R.S.
§ 8-809.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits each of the following from consenting to vaccination of a child without the written consent of the child's parents:
a) DCS;
b) foster parents;
c) group home staff;
d) foster home staff;
e) relatives of the child; or
f) other persons or agencies responsible for the care of a child.
2. Grants a parent, guardian or custodian of a child in DCS custody, unless parental rights have been terminated or under order of the court, the right to make decisions about vaccination of the child.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2024
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