SB1333 - 571R

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

Section 1. Section 8-469.02, Arizona Revised Statutes, is amended to read:

START_STATUTE8-469.02. Foster youth permanency project team; duties; confidentiality

A. The department shall establish a foster youth permanency pilot project team. The foster youth permanency pilot project team shall:

1. Develop a methodology to identify children who are believed to be at risk of exiting the department's custody without a permanency placement.

2. Implement solutions to remove barriers to permanency for children who are likely to be in the custody of the department when the child turns eighteen years of age or to begin participating in the extended foster care program pursuant to section 8-521.02.

B. The foster youth permanency pilot project team consists of the following members:

1. Members who have expertise or experience in social work.

2. Members who are attorneys and who have expertise in representing children or experience in child welfare law.

3. Members who have served as guardians ad litem.

4. Members who have served as court appointed special advocates.

5. Members who are familiar with the child's case and who have an understanding of the child's permanency plan preferences.

6. Members of national organizations with experience in permanency planning policy and best practices.

7. Members who have personal experience in foster care, including former foster care youth or members of a foster care family.

C. The foster youth permanency pilot project team shall do all of the following:

1. Thoroughly review the child's case file.

2. Convene foster youth permanency pilot project team meetings that include the child, the child's caregivers, the child's attorney and members of the foster youth permanency pilot project team who are appointed pursuant to subsection B of this section and who agree to participate in the child's case, as applicable and necessary. At the initial meeting, the foster youth permanency pilot project team shall identify barriers to permanency for each child selected and determine the assistance, resources and tools needed for the child to achieve permanency.

3. Review and discuss the permanency plan for the child.

4. Convene ongoing meetings of the foster youth permanency pilot project team to evaluate the child's progress towards permanency and to amend the child's permanency action plan as necessary.

5. Identify specific options to place a child with individuals or families who are willing and able to provide permanency to a child selected by the foster youth permanency pilot project team.

D. The foster youth permanency pilot project team shall have access to all department documents and personnel that are necessary to perform the duties of the foster youth permanency pilot project team.

E. The foster youth permanency pilot project team may enter into contracts with any of the following:

1. A child or adolescent psychiatrist who has expertise in effective therapies and assessing proper use of psychotropic medications.

2. An attorney who has expertise in social security benefits, education, immigration, disability, adoption and department and child welfare policies.

3. A private investigator who can successfully locate relatives or kin of children who were not previously identified as placement options.

4. a nonprofit organization that has demonstrated expertise and a proven record of successfully establishing permanency for youth who are at risk of exiting the department's care without achieving permanency.

F. The foster youth permanency pilot project team shall take reasonable steps to prevent unwarranted invasions of privacy and to protect the privacy and dignity of children who are the subject of a permanency action plan. END_STATUTE

Sec. 2. Section 8-509, Arizona Revised Statutes, is amended to read:

START_STATUTE8-509. Licensing of foster homes; fingerprint waiver; restricted license; renewal of license; provisional license; exemption from licensure; immunization requirements; administration of medication

A. The department shall license and certify foster homes. Licenses are valid for a period of two years.

B. The department shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8-503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to section 41-1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

C. A kinship foster care parent shall apply for a fingerprint clearance card pursuant to section 41-1758.07. In its discretion and for good cause, the department may waive the requirement for a kinship foster care parent to obtain a fingerprint clearance card. In evaluating whether good cause exists, the department shall apply the criteria prescribed in section 41-1758.07, subsections B and C. If the department waives the requirement, the department shall issue to the kinship foster care parent a restricted license that applies only to the children placed with the kinship foster care parent for kinship foster care.

D. The department shall not renew a license without satisfactory proof that the foster parent or parents have completed twelve actual hours of approved ongoing foster parent training during the two-year period of licensure as set forth in section 8-503.

E. If the department determines that completing the training required in subsections B and D of this section would be a hardship to the foster parent or parents, the department may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.

F. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the department. The department shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the department, the agency shall submit an application stating the foster home's qualifications to the department. The agency may also recommend the types of licensing and certification to be granted to the foster home.

G. The department shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.

H. This section does not apply if the child is placed in a home by a means other than by court order and if the home does not receive compensation from this state or any political subdivision of this state.

I. The department may not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with this state.

J. The department shall not require a foster parent to immunize the foster parent's natural or adoptive children as a condition of foster home licensure.

K. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the department on a form prescribed by the department. The licensee must specify the new month of renewal on the application. The modified renewal date must be before, but not more than six months earlier than, the existing renewal date.

L. The foster care review board shall review the cases of children placed by the department in foster homes licensed pursuant to this section as required by section 8-515.03.

m. If a group foster home is licensed pursuant to this section and will be administering medication to a foster child who will be placed in the group foster home, the group foster home shall have a staff member who is trained and qualified in the administration of the specific medication that is being administered to the foster child before the foster child may be placed in the group foster home. END_STATUTE

Sec. 3. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-509.02, to read:

START_STATUTE8-509.02. Licensed foster homes; minimum number required; annual report

A. The department shall establish the minimum number of licensed foster homes that are required throughout this state and within regions that are designated by the department. The minimum number of licensed foster homes shall be at least equal to the number of children who are in the care of the department in each designated region. The department may use an estimator tool to calculate the minimum number of licensed foster homes in each designated region. The department shall estimate annually the minimum number of licensed foster homes, which shall be effective at the beginning of each fiscal year. The department may not reduce the minimum number of licensed foster homes until the estimate for the next fiscal year.

b. The department, in consultation with national experts, shall design and begin a campaign to recruit at least the minimum number of licensed foster homes required in each designated region. The department shall report progress toward maintaining or exceeding the minimum number of licensed foster homes pursuant to section 8-526.

c. On or before december 31 of each year, the department shall report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative oversight committee on the department of child safety. The report must contain the following:

1. progress toward achieving the minimum number of licensed foster homes.

2. obstacles preventing the department from obtaining the minimum number of licensed foster homes.

3. solutions for recruiting and maintaining the minimum number of licensed foster homes. END_STATUTE

Sec. 4. Section 8-526, Arizona Revised Statutes, is amended to read:

START_STATUTE8-526. Child welfare; reporting requirements; definition

A. The department shall make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and that is conducive to analysis.

B. The department shall make available the following information on a semiannual basis by September 30 for the period ending the prior June 30 and by March 31 for the period ending the prior December 31:

1. Success in meeting training requirements.

2. Caseloads for child safety workers.

3. The number of new reports and reports that have been closed.

4. The number of case-carrying caseworkers in each region.

5. The number of investigations by region.

6. The number of children being served in-home and the number of children being served out-of-home by each region.

7. The total number of reports received, by major category and by priority.

8. The number of reports not responded to, by priority, by county and statewide.

9. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.

10. The number of reports for investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in:

(a) A substantiated report.

(b) A report currently proposed for substantiation.

11. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.

12. Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide.

13. The number of newborn infants delivered to safe haven providers pursuant to section 13-3623.01.

14. The number of children entering out-of-home care by county during the reporting period, and the number and percentage of the children entering out-of-home care by county during the reporting period who are voluntary placements for children under eighteen years of age.

15. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care:

(a) Within the previous twelve months.

(b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph.

16. The number and percentage of children who have remained in a shelter or receiving home for more than twenty-one consecutive days, by the child's age group.

17. The total number of licensed foster homes, the number of licensed foster homes considered kinship homes, the number of licensed community foster homes and the number of available spaces in licensed community foster homes.

18. The minimum number of licensed foster homes that are required statewide, and by designated region and what percentage of the minimum number of licensed foster homes is represented by the current number of licensed foster homes pursuant to section 8-509.02.

18. 19. The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8-516.

19. 20. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8-516.

20. 21. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out-of-home placement and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Type of out-of-home placement, categorized by age.

(e) Length of time in out-of-home placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of out-of-home placements.

(f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status.

22. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in a congregate care placement, categorized by:

(a) Age.

(b) Ethnicity.

(d) Type of congregate care placement.

(e) Reason for congregate care placement.

(f) lENGTH OF TIME IN CONGREGATE CARE PLACEMENT OF LESS THAN THIRTY DAYS, THIRTY-ONE DAYS TO TWELVE CONSECUTIVE MONTHS, TWELVE TO tWENTY-FOUR CONSECUTIVE MONTHS AND MORE THAN TWENTY-FOUR consecutive MONTHS, INCLUDING THE MEDIAN, AVERAGE AND RANGE OF THE NUMBER OF CONGREGATE CARE PLACEMENT.

(g) wHETHER THE CHILD HAS A CONGREGATE CARE PLACEMENT PLAN PURSUANT TO SECTION 8-509.02.

(h) children who had two or more congregate care placements while in the care, custody and control of the department.

21. 23. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.

22. 24. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Average length of time in care.

23. 25. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.

24. 26. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Legal status.

25. 27. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Length of time from change of case plan goal to adoptive placement.

(e) Legal status.

(f) Marital status and relationship of the adoptive parent or parents to the child.

26. 28. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(d) Marital status and relationship of the adoptive parent or parents to the child.

27. 29. The number of children whose adoptions were finalized during the reporting period and as categorized by:

(a) Average length of time in out-of-home placement before adoptive placement.

(b) Average length of time in adoptive placement before the final order of adoption.

28. 30. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:

(a) The cause of death.

(b) The type of out-of-home placement at the time of death.

29. 31. The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows:

(a) Biological parent or parents.

(b) Other family member.

(d) Foster care parent or parents.

(e) Other out-of-home care provider.

30. 32. The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 29 of this subsection.

31. 33. The ratio of supervisors to specialists by region.

32. 34. The source and use of federal monies in the department.

33. 35. The source and use of state monies in the department.

34. 36. Information regarding the educational placement of foster children pursuant to section 8-530.04, including:

(a) The number of best interest educational placement determinations conducted.

(b) The number of children who entered foster care and who did not receive a best interest educational placement determination.

C. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children.

D. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state.

E. The department shall make available the following information on an annual basis:

1. The percentage of substantiations upheld by the office of administrative hearings.

2. The demographics and number of children placed with relative caregivers.

3. The demographics of kinship foster caregivers.

4. The number of relative children per kinship foster care family.

5. The department's success at maintaining kinship foster care placements.

6. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers.

7. The cost of services provided to kinship foster caregivers compared to the cost of out-of-home placements.

8. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year.

9. The total amount of money spent on the housing assistance program by region.

10. A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided.

11. The number of children in the independent living program by age, county and education status.

12. Beginning with the 2022 data period, the statewide number of children in substantiated reports for investigation that are received in the twelve months before the current annual reporting period and that allege neglect as defined in section 8-201, paragraph 25, subdivision (c) and the number of children in these reports who were:

(a) Removed within thirty days after the date the report is received.

(b) Removed within six months after the date the report is received.

F. The department shall make available the following information on a monthly basis:

1. Operations and workforce data measures that include:

(a) Staff vacancy levels by position category and turnover.

(b) New hires, separations, turnover and voluntary attrition delineated by field position, safety specialists, hotline staff, caseworkers in training, program, program supervisors, case aides, office of child welfare investigations staff and administrative staff.

(d) Reports received by maltreatment type, priority and response time.

(e) Inactive cases by disposition.

(f) Open reports.

(g) Entries and exits from the foster care population by exit type.

(h) Support service provision.

(i) Demographics, placement types and case plan goals of the foster care population.

(j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit.

2. Financial data that compares total expenditures each month and year-to-date as compared to prior year totals, appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source.

G. The department shall make the information required pursuant to subsection F of this section available within sixty days after the end of the applicable reporting period.

H. The department shall notify the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting when an update is made on information that must be made available pursuant to subsection B or F of this section.

I. For the purposes of this section, "congregate care" means any setting that is not a licensed foster home and that cares for more than one child who is in the care, custody and control of the department. END_STATUTE

Sec. 5. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-530.08, to read:

START_STATUTE8-530.08. Congregate care; assessment; foster family recruitment plan; definition

A. Within thirty days after placing a child in a congregate care setting, the department shall do the following:

1. work with the child, if developmentally appropriate, the child's attorney and the child's family and service team to do all of the following:

(a) Establish a foster family recruitment plan if the child's family and service team recommends that the child be placed in a congregate care setting because an appropriate family-like setting is not available.

(b) Develop a foster family recruitment plan that is specific to the child and, if applicable, the child's siblings and the child's minor parent or parents to identify and recruit an appropriate family-like setting for the child.

(c) Develop a child-specific congregate care implementation plan to ensure that the child's needs are appropriately met while the child is placed in a congregate care setting.

2. conduct an on-site survey of a group home within forty-eight hours after placing a medically fragile child in a group home to ensure that all staff members who will have contact or care responsibilities for a medically fragile child have proper training.

3. Document all of the following in the child's case plan:

(a) The foster family recruitment plan, if required pursuant to paragraph 1, subdivision (b) of this subsection.

(b) The child-specific congregate care implementation plan pursuant to paragraph 1, subdivision (c) of this subsection.

(c) The results and findings of the group home on-site survey, if applicable, pursuant to paragraph 2 of this subsection.

B. If a child who is placed in a congregate care setting has been approved for a higher level of care than a congregate care or foster home setting, the department shall place the child in a facility that has an available bed and that is approved to provide the level of care required for the child. A facility may not deny or refuse placement of a child who is being placed pursuant to this subsection.

C. For the purpose of this section, "family and service team" includes any of the following:

1. Coaches.

2. Court appointed special advocates.

3. department Employees.

4. Former foster caregivers.

5. Mentors.

6. Teachers.

7. Any other individuals who have knowledge of the child. END_STATUTE