Bill Text: AZ HB2236 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed


Bill Title: DCS; conforming and technical changes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-24 - Senate RULES Committee action: Held [HB2236 Detail]

Download: Arizona-2016-HB2236-Engrossed.html

 

 

 

House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

HOUSE BILL 2236

 

 

 

AN ACT

 

amending sections 8‑143, 8‑144, 8‑163, 8‑548.02 and 8‑864, Arizona Revised Statutes; relating to child safety.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 8-143, Arizona Revised Statutes, is amended to read:

START_STATUTE8-143.  Eligibility; limitation

Foster parents who are interested in adopting a child in their home or any other persons interested in adopting a child under public or private agency care, whether the adoption is through a public or private agency, may apply to the department of economic security to have the adoption of a child subsidized.  All persons approved for the program as adoptive parents shall meet adoption agency standards except for the financial ability to support the child.  A subsidy shall not be denied solely on the grounds that the child is placed for adoption through a private agency. END_STATUTE

Sec. 2.  Section 8-144, Arizona Revised Statutes, is amended to read:

START_STATUTE8-144.  Subsidy agreement; duration; amount; periodic review; confidentiality

A.  The family entering into subsidized adoption and the department shall sign a subsidy agreement which shall contain a provision for periodic review as provided in subsection C of this section before the final decree of adoption is issued, except as provided in subsection B of this section. Adoption subsidies may commence with the adoption placement or after the adoption decree, and will vary with the needs due to the special circumstances of the adopted child as well as the availability of other resources.

B.  The adoption subsidy may continue through the age of twenty‑one if the individual is enrolled in and regularly attending school unless the person has received a high school diploma or certificate of equivalency.  The subsidy may be for special services only or for money payments, and either for a limited period or for a long term, or for any combination thereof.  The amount of the subsidy shall not exceed the payments allowable under foster family care.  A special service subsidy shall not exceed the reasonable fee for the service rendered in accordance with costs and procedures for authorization of services as determined by the department.

C.  There shall be a periodic review which shall take place at least once a year by the department to determine the appropriateness and reasonableness of all subsidies and to ascertain the need for continuing or adjusting the subsidy.

D.  Notwithstanding the provisions of subsection A of this section, an application may be made and granted on behalf of a child adopted pursuant to the laws of this state at any time for a new or increased adoption subsidy upon on documentation of an undiagnosed condition which that existed before the finalization of the adoption.

E.  All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with the rules of the department of economic security. END_STATUTE

Sec. 3.  Section 8-163, Arizona Revised Statutes, is amended to read:

START_STATUTE8-163.  Eligibility

A.  Parents who have adopted a child with special needs may apply to the department of economic security for reimbursement of the nonrecurring expenses of that adoption.

B.  To be eligible for reimbursement, the application must document the following:

1.  The child cannot or should not be returned to the home of his the child's parents.

2.  The special needs of the child require financial assistance in order to place that child with the adoptive parents.

3.  Reasonable effort has been made to place the child without providing reimbursement for nonrecurring adoption expenses, unless this is against the best interests of the child.

C.  The department shall review the completed application, including supporting documentation provided by the applicant, to determine eligibility for reimbursement of nonrecurring adoption expenses. END_STATUTE

Sec. 4.  Section 8-548.02, Arizona Revised Statutes, is amended to read:

START_STATUTE8-548.02.  Interstate compact administrator

Pursuant to the compact the governor shall designate the director of the state department of economic security as the compact administrator. The compact administrator, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact.  The compact administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder. END_STATUTE

Sec. 5.  Section 8-864, Arizona Revised Statutes, is amended to read:

START_STATUTE8-864.  Timing of motions and hearings; consolidation of hearings

Notwithstanding any other statute, the court may order or permit the filing of a motion for termination or permanent guardianship before the permanency hearing is held, consolidate hearings or provide for a different order of hearings if:

1.  The permanency hearing is held no later than the time prescribed in section 8‑862, subsection A.

2.  The termination hearing is held no later than the time prescribed in section 8‑862, subsection D, paragraph 2.

3.  The permanent guardianship hearing is held no later than the time prescribed in section 8‑862, subsection F, paragraph 2. END_STATUTE

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