Bill Text: AZ HB2099 | 2015 | Fifty-second Legislature 1st Regular | Chaptered
Bill Title: Adoption; definitions; agency records
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-04-10 - Chapter 258 [HB2099 Detail]
Download: Arizona-2015-HB2099-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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CHAPTER 258
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HOUSE BILL 2099 |
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AN ACT
amending sections 8‑101 and 8‑120, Arizona Revised Statutes; relating to adoption.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-101, Arizona Revised Statutes, is amended to read:
8-101. Definitions
In this article, unless the context otherwise requires:
1. "Adult" means a person eighteen years of age or older.
2. "Agency" or "adoption agency" means a person other than the division licensed by the division to place children for adoption, including an attorney or law firm.
3. "Agency placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to an agency pursuant to section 8‑107, subsection D, paragraph 1.
4. "Child" means any person under eighteen years of age.
5. "Custody" means a status embodying all of the following rights and responsibilities:
(a) The right to have the physical possession of the child.
(b) The right and the duty to protect, train and discipline the child.
(c) The responsibility to provide the child with food, shelter, education and health care, and the authority to consent to surgery or other extraordinary medical care in an emergency.
6. "Direct placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to a particular person pursuant to section 8‑107, subsection D, paragraph 2.
7. "Division" means the department of child safety.
8. "Juvenile court" or "court" means the juvenile division of the superior court.
9. "Permanent guardian" means a legal guardian appointed by the court pursuant to section 8‑525 8‑871.
10. "Petitioner" includes both petitioners under a joint petition.
Sec. 2. Section 8-120, Arizona Revised Statutes, is amended to read:
8-120. Records; inspection; exception; destruction or transfer of certain records
A. Except as provided in section 8‑129, all files, records, reports and other papers compiled in accord with under this article, whether filed in or in possession of the court, an agency or any person or association, shall be withheld from public inspection.
B. Such files, records, reports and other papers may be open to inspection by persons and agencies having a legitimate interest in the case and their attorneys and by other persons and agencies having a legitimate interest in the protection, welfare or treatment of the child if so ordered by the court.
C. This section does not prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.
D. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8‑130 or an agency from providing partial or complete identifying information between a birth parent and adoptive parent when the parties mutually agree to share specific identifying information and make a written request to the court, the division or the agency.
E. Except for files that belong to an attorney, all files, records, reports and other papers not filed in or in the possession of the court shall not be destroyed until after a ninety‑nine year period. The files that belong to an attorney shall not be destroyed until after a seven-year period.
F. If an adoption agency ceases operations, the adoption agency shall do all of the following:
1. Transfer the documents described in subsection A of this section to the division or to another adoption agency in this state if the documents concern a matter that is closed.
2. Transfer the documents described in subsection A of this section to another adoption agency in this state if the documents concern a matter that is open.
3. Notify the division of the transfer of any documents to another adoption agency in this state pursuant to this subsection.
4. Notify all adoptive parents whose files it is transferring pursuant to this subsection of the transfer.
APPROVED BY THE GOVERNOR APRIL 10, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2015.
