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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
congregate care; dependent children; placement
Purpose
Requires the Department of Child Safety (DCS) to establish a minimum number of licensed foster homes equal to at least the number of children who are in DCS's care. Outlines reporting requirements and procedures that DCS must follow within 30 days of placing a child in a congregate care setting. Makes modifications to the Foster Youth Permanency Pilot Project Team.
Background
DCS is responsible for investigating reports of abuse and neglect relating to children and coordinating services to maintain permanency on behalf of the child, strengthening the family and providing prevention, intervention and treatment services. The placement of a child who is in DCS custody is determined by the best interests of the child, and DCS must place a child in the least restrictive type of placement available with placement preference in the following order: 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. §§ 8-451 and 8-514.03).
DCS is also responsible for licensing and certifying foster homes. Foster home licenses are valid for two years and DCS may not issue a 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).
Laws 2024, Chapter 256 required DCS to establish the Youth Permanency Pilot Project Team to develop a methodology to identify, as well as implement solutions to barriers to permanency for, children who are likely to either be in DCS custody at the time of turning 18 years old or begin participating in the Extended Foster Care Program.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Licensed Foster Homes
1. Requires DCS to:
a) establish a minimum number of licensed foster homes equal to at least the number of children who are in DCS's care in each region, as designated by DCS;
b) annually estimate the minimum number of licensed foster homes that are required to be effective at the beginning of each fiscal year;
c) in consultation with national experts, design and begin a campaign to recruit at least the minimum number of licensed foster homes required in each designated region; and
d) report progress toward maintaining or exceeding the minimum number of licensed foster homes.
2. Prohibits DCS from reducing the minimum number of licensed foster homes until the estimate for the next fiscal year is complete.
3. Allows DCS to use an estimator tool to calculate the minimum number of licensed foster homes in each designated region.
4. Directs DCS to report to the Governor, President of the Senate, Speaker of the House of Representatives and the Joint Legislative Oversight Committee on the Department of Child Safety, by December 31 of each year, and requires the report to include:
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.
5. Stipulates that if a licensed group foster home will be administering medicine to a foster child, the group foster home must have a staff member who is trained and qualified in the administration of the specific medicine before the foster child is placed in the group foster home.
6. Requires DCS to make available semiannually on DCS's website:
a) the minimum number of licensed foster homes that are required statewide 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.
Congregate Care Assessment and Foster Family Recruitment Plan
7. Requires 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 foster family recruitment plan, if the child's family and service team recommends that the child be placed in a congregate care setting as prescribed;
b) develop
a foster family recruitment plan that is specific to the child and, if
applicable, the child's siblings and minor parent or parents to identify and
recruit an appropriate
family-like setting for the child; and
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.
8. Requires DCS, within 48-hours after placing a medically fragile child in a group home, to conduct an on-site survey to ensure that all staff members who will have contact or care responsibilities for the medically fragile child have proper training.
9. Requires 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's foster family recruitment plan;
b) child specific congregate care implementation plan; and
c) results and findings of the group home on-site survey, if applicable.
10. Stipulates that if a child placed in a congregate care setting has been approved for a higher level of care than a congregate care or foster home, DCS must 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.
11. Prohibits a facility from denying or refusing placement of a child who has been approved for a higher level of care as prescribed.
12. Adds, to the information that DCS must report and make available online, 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.
13. Specifies that a child's 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.
Foster Youth Permanency Project Team
14. Renames the Foster Youth Permanency Pilot Project Team to the Foster Youth Permanency Project Team.
15. Adds members who have personal experience in foster care, including former foster care youth or members of a foster care family, to the outlined Foster Youth Permanency Project Team membership.
16. Allows 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.
Miscellaneous
17. Defines congregate care as 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 DCS.
18. Makes technical changes.
19. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
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