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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: HHS DP 7-0-0-0 | 3rd Read 28-0-2-0 |
SB 1333: congregate care; dependent children; placement
Sponsor: Senator Shamp, LD 29
Committee on Health & Human Services
Overview
Directs the Arizona Department of Child Safety (DCS) to establish a minimum number of licensed foster homes sufficient to place a child in a licensed foster home that best meets the needs of the child. Establishes reporting requirements and procedures that DCS must follow within 30 days of placing a child in a congregate care setting. Modifies the Foster Youth Permanency Pilot Project Team membership and duties.
History
The primary purpose of DCS is to protect children. To achieve this, DCS will do and focus equally on: 1) investigating reports of abuse and neglect; 2) assessing, promoting and supporting the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse and neglect; 3) cooperating with law enforcement regarding reports that include allegations of criminal conduct; and 4) coordinating services to achieve and maintain permanency for the child, strengthen the family and provide prevention, intervention and treatment services without compromising the child's safety (A.R.S. § 8-451).
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. § 8-514.03).
DCS is authorized to license and certify foster homes. Licenses are valid for a period of two years. DCS is prohibited from issuing a foster home license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training and that each foster parent and each other adult member of the household has a valid fingerprint clearance card through the Department of Public Safety. Child welfare agencies that submit foster homes for licensing must conduct an investigation of the foster home pursuant to DCS licensing rules and DCS must conduct investigations of all other foster homes. If the foster home meets all requirements set by DCS, the agency must submit an application stating the foster home's qualifications. The agency may also recommend the types of licensing and certification to be granted to the foster home (A.R.S. § 8-509).
The Foster Youth Permanency Pilot Project Team was created to implement solutions to remove barriers to permanency for children who are likely to be in DCS custody when the child turns 18 years old or begin to participate in the Extended Foster Care Program (Laws 2024, Chapter 256).
Provisions
Licensed Foster Homes
1. Requires a licensed group foster that will be administering medication to a foster child who will be placed in the home to develop policies and procedures identifying how the group foster home will manage administering medication to the foster child. (Sec. 3)
2. Requires the policies and procedures for medication administration of foster children to include:
a) how the group foster home will provide a foster child with qualified health care on a 24 hours a day, 7 days a week schedule;
b) the group foster home's process for administering medication to a foster child;
c) the qualifications of staff members of the group foster home who will be administering or supervising the self-administration of medication to a foster child;
d) the supervision, process and documentation of a foster child's self-administration of medication;
e) the documentation process for the administration of medication, medication errors and drug reactions;
f) the documentation and process of notification to a foster child's health care provider of a medication administration error or drug reaction;
g) the procedures for contacting law enforcement, a health care provider or a medical professional when a foster child's refusal to take prescribed medication endangers the foster child or other's health and safety; and
h) the procedures for documenting a foster child's refusal to take medication prescribed to the foster child. (Sec. 3)
3. Permits DCS to require a group foster home to employ additional staff when a medically complex child is placed in the care of the group foster home and to modify the group foster home's policies and procedures to accommodate the needs of a medically complex child. (Sec. 3)
DCS Licensed Foster Home Requirements
4. Directs DCS to:
a) establish a minimum number of licensed foster homes that are required throughout Arizona and within regions that are designated by DCS;
b) establish a minimum number of available licensed foster homes sufficient to place a child in a licensed foster home that best meets the needs of the child;
c) determine the minimum number of licensed foster homes needed; and
d) annually estimate the minimum number of licensed foster homes that are required to be effective at the beginning of each fiscal year. (Sec. 4)
5. Allows DCS to use an estimator tool to calculate the minimum number of licensed foster homes in each designated region. (Sec. 4)
6. Forbids DCS from reducing the minimum number of licensed foster homes until the estimate for the next fiscal year is complete. (Sec. 4)
7. Directs DCS to categorize the minimum number of licensed foster homes by need, including categories of foster children who:
a) have developmental disabilities;
b) have behavioral or emotional needs;
c) have medically complex conditions;
d) are over 13 years old; and
e) are part of a sibling group of three or more foster children. (Sec. 4)
8. Requires DCS, in consultation with national experts, to design and begin a campaign to recruit at least the minimum number of licensed foster homes required in each designated region. (Sec. 4)
9. Directs DCS to report progress toward maintaining or exceeding the minimum number of licensed foster homes. (Sec. 4)
10. Requires DCS, annually by December 31, to report to the Governor, President of the Senate, Speaker of the House of Representatives and the Joint Legislative Oversight Committee on DCS information that contains:
a) progress toward achieving the minimum number of licensed foster homes;
b) obstacles preventing DCS from obtaining the minimum number of licensed foster homes; and
c) solutions for recruiting and maintaining the minimum number of licensed foster homes. (Sec. 4)
11. Directs DCS to make available semiannually on its website:
a) the minimum number of licensed foster homes that are required statewide, by category and by designated region; and
b) what percentage of the minimum number of licensed foster homes is represented by the current number of licensed foster care homes. (Sec. 5)
12. Adds that DCS make available semiannually on its website the number and percentage of children who are in the care, custody and control of DCS at the end of the reporting period and who are in a congregate care placement, categorized by:
a) age;
b) ethnicity;
c) sex;
d) type of congregate care placement;
e) reason for congregate care placement;
f) length of time in congregate care placement of less than 30 days, 31 days to 12 consecutive months, 12 to 24 consecutive months and more than 24 consecutive months, including the median, average and range of the number of congregate care placements;
g) whether the child has a congregate care placement plan; and
h) children who had two or more congregate care placements while in the care, custody and control of DCS. (Sec. 5)
13. Clarifies that the prescribed requirements regarding the minimum number of licensed foster homes does not limit DCS's ability to place a child in a kinship foster care setting. (Sec. 5)
Congregate Care Assessment and Foster Family Recruitment Plan
14. Directs DCS, within 30 days after placing a child in a congregate care setting, to work with the child, if developmentally appropriate, the child's attorney and the child's family and service team to:
a) establish a plan to place the child in an appropriate family like setting; and
b) 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. (Sec. 6)
15. Specifies that the plan to place a child in an appropriate family-like setting must be specific to the child and, if applicable, the child's siblings and minor parent or parents and include steps to identify and recruit an appropriate family-like setting for the child. (Sec. 6)
16. Directs DCS to identify and consider the placement preferences of the child when developing the outlined plan. (Sec. 6)
17. Instructs DCS, within 48 hours after placing a medically complex child in a group home, to conduct an on-site visit to ensure that all staff members who will have contact or care responsibilities for the medically complex child have proper training. (Sec. 6)
18. Directs DCS, within 30 days after placing a child in a congregate care setting, to document outlined information in the child's case plan, including the:
a) child specific congregate care implementation plan; and
b) results and findings of the group home on-site survey, if applicable. (Sec. 6)
19. Deems a family and service team includes:
a) coaches;
b) court appointed special advocates;
c) DCS employees;
d) former foster caregivers;
e) mentors;
f) teachers; and
g) any other individuals who have knowledge of the child. (Sec. 6)
Foster Youth Permanency Project Team
20. Expands the Foster Youth Permanency Project Team membership to include members who have personal experience in foster care, including former foster care youth or members of a foster care family. (Sec. 1)
21. Permits the Foster Youth Permanency Project Team to enter into contracts with nonprofit organizations that demonstrate expertise and have a proven record of successfully establishing permanency for youth who are at risk of exiting DCS's care without achieving permanency. (Sec. 1)
Miscellaneous
22. Forbids secure behavioral health residential facilities and community mental health treatment programs and facilities from refusing or denying placement of a foster child who has been approved for placement in the facility or program, subject to bed availability. (Sec. 7, 8)
23. Deems financial statements that are prepared by a child welfare agency as part of the licensing process as public records and subject to statutory disclosure requirements. (Sec. 2)
24. Defines terms. (Sec. 3-6)
25. Makes technical and conforming changes. (Sec. 2, 5 and 7)
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29. SB 1333
30. Initials AG Page 0 Health & Human Services
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