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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
REVISED
AMENDED
congregate care; dependent children; placement
Purpose
Requires the 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. 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.
The Joint Legislative Budget Committee fiscal note estimates that S.B. 1333 would generate both costs and savings, but there is insufficient information to determine the net magnitude of these impacts (JLBC fiscal note).
Provisions
Licensed Foster Homes
1. Requires DCS to:
a) 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;
b) determine the minimum number of licensed foster homes needed;
c) annually estimate the minimum number of licensed foster homes that are required to be effective at the beginning of each fiscal year;
d) 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
e) 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. Requires 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.
5. Specifies that the prescribed requirements related to the minimum number of licensed foster homes do not limit DCS's ability to place a child in a kinship foster care setting.
6. 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.
7. Requires a licensed group foster home that will be administering medication to a 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, including:
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.
8. Allows 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.
9. Requires DCS to make available semiannually on DCS's 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.
Congregate Care Assessment and Foster Family Recruitment Plan
10. 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 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.
11. 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.
12. Requires DCS to identify and consider the placement preferences of the child when developing the outlined plan.
13. Requires 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.
14. 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 specific congregate care implementation plan; and
b) results and findings of the group home on-site survey, if applicable.
15. Prohibits 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.
16. 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.
17. 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
18. 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.
19. 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
20. Defines congregate care as a child welfare agency that is licensed by DCS to provide 24-hour care for more than one child who is in the care, custody and control of DCS, excluding licensed foster homes and kinship care placements.
21. Defines medically complex child as a child who DCS has determined has or is at risk for a chronic physical or developmental condition and who requires health-related services beyond the health-related services that are generally required by a child.
22. Deems, as public records, financial statements prepared by a child welfare agency as part of the licensing process.
23. Makes technical and conforming changes.
24. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes the stipulation 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.
2. Requires a licensed group foster home that will administer medication to a foster child to develop policies and procedures related to how the group foster home will manage administering the medication and outlines details that must be included in the policies and procedures.
3. Allows DCS to require a group foster home to:
a) employ additional staff when a medically complex child is placed in the group foster home's care; and
b) modify the group foster home's policies and procedures to accommodate the needs of a medically complex child.
4. Modifies requirements relating to establishing a minimum number of licensed foster care homes.
5. Replaces the requirement that DCS establish a foster family recruitment plan for a child placed in a congregate care setting with the requirement that DCS establish a plan to place the child in an appropriate family-like setting.
6. Removes the requirement that DCS place a child approved for a higher level of care in an appropriate facility with an available bed and the prohibition on a facility from refusing placement of the child.
7. Prohibits 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.
8. Deems, as public records, financial records prepared by a child welfare agency as part of the licensing process.
9. Reverts the foster youth permanency project team back to the foster youth permanency pilot project team.
10. Defines medically complex child.
11. Modifies the definition of congregate care.
12. Makes technical and conforming changes.
Revisions
· Updates the fiscal impact statement.
Senate Action
HHS 2/19/25 DP 7-0-0
Prepared by Senate Research
March 17, 2025
MM/KS/slp