Bill Text: AZ HB2050 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced


Bill Title: Schools; immunizations; parental control

Spectrum: Partisan Bill (Republican 1-0)

Status: (N/A) 2019-12-11 - Prefile [HB2050 Detail]

Download: Arizona-2020-HB2050-Introduced.html

 

 

PREFILED DEC 11 2019

REFERENCE TITLE: schools; immunizations; parental control

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

HB 2050

 

Introduced by

Representative Fillmore

 

 

AN ACT

 

amending sections 1-602, 15-102, 15-871 and 15-872, Arizona Revised Statutes; repealing section 15-873, arizona revised statutes; amending sections 15-874, 36-671, 36-672, 36-673, 46-292 and 46-300, Arizona Revised Statutes; relating to immunizations.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 1-602, Arizona Revised Statutes, is amended to read:

START_STATUTE1-602.  Parents' bill of rights; definition

A.  All parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution, including:

1.  The right to direct the education of the minor child.

2.  All rights of parents identified in title 15, including the right to access and review all records relating to the minor child.

3.  The right to direct the upbringing of the minor child.

4.  The right to direct the moral or religious training of the minor child.

5.  The right to make health care decisions for the minor child, including rights pursuant to sections 15‑873 15-872, 36‑2271 and 36‑2272, unless otherwise prohibited by law.

6.  The right to access and review all medical records of the minor child unless otherwise prohibited by law or unless the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official requests that the information not be released.

7.  The right to consent in writing before a biometric scan of the minor child is made pursuant to section 15-109.

8.  The right to consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored or shared, except as required by section 36‑694, or before any genetic testing is conducted on the minor child pursuant to section 12‑2803 unless authorized pursuant to section 13-610 or a court order.

9.  The right to consent in writing before the this state or any of its political subdivisions makes a video or voice recording of the minor child, unless the video or voice recording is made during or as a part of a court proceeding, by law enforcement officers during or as part of a law enforcement investigation, during or as part of an interview in a criminal or child safety services investigation or to be used solely for any of the following:

(a)  Safety demonstrations, including the maintenance of order and discipline in the common areas of a school or on pupil transportation vehicles.

(b)  A purpose related to a legitimate academic or extracurricular activity.

(c)  A purpose related to regular classroom instruction.

(d)  Security or surveillance of buildings or grounds.

(e)  A photo identification card.

10.  The right to be notified promptly if an employee of this state, any political subdivision of this state, any other governmental entity or any other institution suspects that a criminal offense has been committed against the minor child by someone other than a parent, unless the incident has first been reported to law enforcement and notification of notifying the parent would impede a law enforcement or child safety services investigation. This paragraph does not create any new obligation for school districts and charter schools to report misconduct between students at school, such as fighting or aggressive play, that is routinely addressed as a student disciplinary matter by the school.

11.  The right to obtain information about a child safety services investigation involving the parent pursuant to section 8‑807.

B.  This section does not authorize or allow a parent to engage in conduct that is unlawful or to abuse or neglect a child in violation of the laws of this state. This section does not prohibit courts, law enforcement officers or employees of a government agency responsible for child welfare from acting in their official capacity within the scope of their authority. This section does not prohibit a court from issuing an order that is otherwise permitted by law.

C.  Any attempt to encourage or coerce a minor child to withhold information from the child's parent shall be grounds for discipline of an employee of this state, any political subdivision of this state or any other governmental entity, except for law enforcement personnel.

D.  Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section. This chapter does not prescribe all rights of parents. Unless otherwise required by law, the rights of parents of minor children shall not be limited or denied.

E.  For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child. END_STATUTE

Sec. 2.  Section 15-102, Arizona Revised Statutes, is amended to read:

START_STATUTE15-102.  Parental involvement in the school; definition

A.  The governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including:

1.  A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. The plan shall provide for the administration of a parent‑teacher satisfaction survey.

2.  Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials.

3.  Procedures by which parents who object to any learning material or activity on the basis that it is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that it is harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality or religion.

4.  If a school district offers any sex education curricula pursuant to section 15‑711 or 15‑716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate in the sex education curricula.

5.  Procedures by which parents will be notified in advance of and given the opportunity to withdraw their children from any instruction or presentations regarding sexuality in courses other than formal sex education curricula.

6.  Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school.

7.  Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following:

(a)  The right to opt in to a sex education curriculum if one is provided by the school district.

(b)  Open enrollment rights pursuant to section 15‑816.01.

(c)  The right to opt out of assignments pursuant to this section.

(d)  The right to opt out of immunizations pursuant to section 15‑873 decide whether to immunize one's child as prescribed in section 15‑872.

(e)  The promotion requirements prescribed in section 15‑701.

(f)  The minimum course of study and competency requirements for graduation from high school prescribed in section 15‑701.01.

(g)  The right to opt out of instruction on the acquired immune deficiency syndrome pursuant to section 15‑716.

(h)  The right to review test results pursuant to section 15‑743.

(i)  The right to participate in gifted programs pursuant to section 15‑779.01.

(j)  The right to access instructional materials pursuant to section 15‑730.

(k)  The right to receive a school report card pursuant to section 15‑746.

(l)  The attendance requirements prescribed in sections 15‑802, 15‑803 and 15‑821.

(m)  The right to public review of courses of study and textbooks pursuant to sections 15‑721 and 15‑722.

(n)  The right to be excused from school attendance for religious purposes pursuant to section 15‑806.

(o)  Policies related to parental involvement pursuant to this section.

(p)  The right to seek membership on school councils pursuant to section 15‑351.

(q)  Information about the student accountability information system as prescribed in section 15‑1041.

(r)  The right to access the failing schools tutoring fund pursuant to section 15-241.

B.  The policy adopted by the governing board pursuant to this section may also include the following components:

1.  A plan by which parents will be made aware of the district's parental involvement policy and this section, including:

(a)  Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records.

(b)  The parent's right to inspect the school district policies and curriculum.

2.  Efforts to encourage the development of parenting skills.

3.  The communication Communicating to parents of techniques that are designed to assist the child's learning experience in the home.

4.  Efforts to encourage access to community and support services for children and families.

5.  The promotion of Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children.

6.  Identifying opportunities for parents to participate in and support classroom instruction at the school.

7.  Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils.

8.  The recognition of Recognizing the diversity of parents and the development of developing guidelines that promote widespread parental participation and involvement in the school at various levels.

9.  The development of Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement.

10.  The development of Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education.

C.  The governing board may adopt a policy to provide to parents the information required by this section in an electronic form.

D.  A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district.  Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for the denial of denying the requested information.  If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may submit a written request for the information to the school district governing board, which shall formally consider the request at the next scheduled public meeting of the governing board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board shall formally consider the request at the next subsequent public meeting of the governing board.

E.  For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child. END_STATUTE

Sec. 3.  Section 15-871, Arizona Revised Statutes, is amended to read:

START_STATUTE15-871.  Definitions

In this article, unless the context otherwise requires:

1.  "Documentary proof" means written evidence that a pupil has been immunized or has laboratory evidence of immunity that conforms with the standards promulgated adopted pursuant to section 15‑872.

2.  "Dose" means the number in a series of immunizations that may be prescribed pursuant to section 36‑672.

3.  "Health agency" means a local health department or similar governmental agency established pursuant to the laws of another state or country and its officers and employees.

4.  "Homeless pupil" means a pupil who has a primary residence that is:

(a)  A supervised publicly or privately operated shelter designed to provide temporary living accommodations.

(b)  An institution that provides a temporary residence for individuals intended to be institutionalized.

(c)  A public or private place not designed for, or ordinarily used as a regular sleeping accommodation for, human beings.

5.  4.  "Immunization" means the process of inoculation inoculating a person with a specific antigen to promote antibody formation in the person's body.

6.  5.  "Immunized" means the required recommended initial immunization and boosters or reimmunization prescribed pursuant to section 36‑672.

7.  6.  "Laboratory evidence of immunity" means written evidence of serologic confirmation of the presence of specific antibodies against an immunization‑preventable disease that is signed by a physician or an authorized representative of a health agency.

8.  7.  "Local health department" means a local health department established pursuant to title 36, chapter 1, article 4.

9.  8.  "Physician" means a person who is licensed pursuant to title 32, chapter 13, 17 or 29 or a person who is licensed to practice allopathic or osteopathic medicine under the laws of another state or country.

10.  9.  "Pupil" means a person who is eligible to receive instruction at a school and includes pre‑kindergarten age prekindergarten‑age children receiving either services for children with disabilities or day care on a school campus that is otherwise exempt from day care rules pursuant to section 36‑884.

11.  "Registered nurse practitioner" has the same meaning prescribed in section 32-1601.

12.  10.  "School" means a public, private or parochial school that offers instruction at any level or grade through twelfth grade, except for day care facilities regulated pursuant to title 36, chapter 7.1.

13.  11.  "School administrator" means the principal or person having general daily control and supervision of the school or that person's designee.

14.  "Suspension" or "suspended" means:

(a)  For a pupil attending a public school, the temporary withdrawal of the privilege of attending school pursuant to section 15‑843.

(b)  For a pupil attending a private or parochial school, the temporary withdrawal of the privilege of attending school pursuant to the policies and procedures of the private or parochial school. END_STATUTE

Sec. 4.  Section 15-872, Arizona Revised Statutes, is amended to read:

START_STATUTE15-872.  Immunizations; parental control; nonattendance during outbreak; notification requirements; civil immunity

A.  The decision to immunize a pupil is solely the decision of the pupil's parent.  A school may not require a pupil to receive the recommended immunizations or refuse to admit or otherwise penalize a pupil because that pupil has not received the recommended immunizations. If a parent chooses to immunize the parent's pupil, the parent shall submit documentary proof to the school administrator to verify that the pupil has received the recommended immunizations if an outbreak described in subsection C of this section occurs.

A.  B.  The director of the department of health services, in consultation with the superintendent of public instruction, shall develop adopt by rule standards for documentary proof required by this section.

B.  A pupil shall not be allowed to attend school without submitting documentary proof to the school administrator unless the pupil is exempted from immunization pursuant to section 15‑873.

C.  A pupil who lacks documentary proof of immunization may be excluded from school only if the pupil lacks an immunization for which there is an active case of a disease in that pupil's school that the immunization is intended to prevent and the department of health services or a local health department has declared an outbreak of that disease for an area that includes the pupil's school.  The department of health services or local health department shall notify the school administrator responsible for excluding pupils from school attendance of its determination under this subsection.

C.  D.  Each public school shall make full disclosure of fully disclose to parents the requirements and exemptions as prescribed in of this section and section 15‑873.

D.  On enrollment, the school administrator shall suspend that pupil if the administrator does not have documentary proof and the pupil is not exempted from immunization pursuant to section 15‑873.

E.  Notwithstanding subsections B and D of this section, a pupil may be admitted to or allowed to attend a school if the pupil has received at least one dose of each of the required immunizations prescribed pursuant to section 36‑672 and has established a schedule for the completion of required immunizations.  The parent, guardian or person in loco parentis of a pupil shall present to the school administrator documentary proof of the immunizations received and a schedule prepared by the pupil's physician or registered nurse practitioner or a health agency for completion of additional required immunizations.

F.  The school administrator shall review the school immunization record for each pupil admitted or allowed to continue attendance pursuant to subsection E of this section at least twice each school year until the pupil receives all of the required immunizations and shall suspend a pupil as prescribed in subsection G of this section who fails to comply with the immunization schedule.  Immunizations received by a pupil shall be entered in the pupil's school immunization record.

G.  Unless proof of an exemption from immunization pursuant to section 15‑873 is provided, a pupil who is admitted or allowed to continue to attend and who fails to comply with the immunization schedule within the time intervals specified by the schedule shall be suspended from school attendance until documentary proof of the administration of another dose of each appropriate immunizing agent is provided to the school administrator.

H.  The provisions of subsections B, D and E of this section do not apply to homeless pupils until the fifth calendar day after enrollment.

I.  E.  A school and its employees are immune from civil liability for decisions concerning the admission, readmission admitting and suspension of a pupil excluding pupils that are based on a good faith implementation of the requirements of this article subsection C of this section. END_STATUTE

Sec. 5.  Repeal

Section 15-873, Arizona Revised Statutes, is repealed.

Sec. 6.  Section 15-874, Arizona Revised Statutes, is amended to read:

START_STATUTE15-874.  School immunization records; inspection; requirements; annual report

A.  Each If a parent chooses to immunize the parent's pupil and submits documentary proof, the pupil's immunizations shall be recorded on the pupil's school immunization record.  The school immunization record shall be a standardized form developed by the department of health services in conjunction with the department of education. and provided by The department of health services and shall be shall provide the form, which is a part of the mandatory permanent student record.  The immunization records are open to inspection by the department of health services and the local health department.

B.  Each immunization record shall contain at least the following information:

1.  The pupil's name and birth date.

2.  The date of the pupil's admission to the school.

3.  The type of immunizing agents administered to the pupil.

4.  The date each dose of immunizing agent is administered to the pupil.

5.  The established schedule for completion of immunizations if the pupil is admitted to or allowed to continue to attend a school pursuant to section 15‑872, subsection E.

6.  5.  Laboratory evidence of immunity if this evidence is presented as part of the pupil's documentary proof.

7.  If an exemption from immunization as provided in section 15‑873 is submitted to the school administrator, the date the exemption is submitted and the reason for the exemption.

8.  6.  Additional information prescribed by the director of the department of health services by rule.

C.  A school shall transfer an immunization record with the mandatory permanent student record and provide at no charge, on request, a copy of the immunization record to the parent or guardian of the pupil.

D.  By On or before November 30 of each school year, each school district and private school shall complete and file a report with the local health department and the department of health services, using forms provided by the department of health services.  The report shall state the number of pupils attending the school or school district who have completed required recommended immunizations or who have submitted laboratory evidence of immunity, the number of pupils attending with uncompleted required immunizations and the number of pupils attending with an exemption from immunization pursuant to section 15‑873. END_STATUTE

Sec. 7.  Section 36-671, Arizona Revised Statutes, is amended to read:

START_STATUTE36-671.  Definitions

In this article, unless the context otherwise requires:

1.  "Department" means the department of health services.

2.  "Director" means the director of the department of health services.

3.  "Documentary proof" means written evidence that a pupil has been immunized or has laboratory evidence of immunity which that conforms with the standards promulgated adopted pursuant to section 15‑872.

4.  "Dose" means the number in a series of immunizations which that may be prescribed pursuant to section 36‑672.

5.  "Health agency" means a local health department or similar governmental agency established pursuant to the laws of another state or country and its officers and employees.

6.  "Immunization" means the process of inoculation inoculating a person with a specific antigen to promote antibody formation in the person's body.

7.  "Immunized" means the required recommended initial immunization and boosters or reimmunization prescribed pursuant to section 36‑672.

8.  "Laboratory evidence of immunity" means written evidence of serologic confirmation of the presence of specific antibodies against an immunization‑preventable disease which that is signed by a physician or an authorized representative of a health agency.

9.  "Local health department" means a local health departments department established pursuant to chapter 1, article 4 of this title.

10.  "Physician" means a person who is licensed pursuant to title 32, chapter 13, 17 or 29 or a person who is licensed to practice allopathic or osteopathic medicine under the laws of another state or country.

11.  "Pupil" means a person who is eligible to receive instruction at a school and includes pre‑kindergarten age prekindergarten-age children receiving either services for children with disabilities or day care on a school campus that is otherwise exempt from day care rules pursuant to section 36‑884.

12.  "School" means a public, private or parochial school that offers instruction at any level or grade through twelfth grade, except for day care facilities regulated pursuant to chapter 7.1 of this title.

13.  "School administrator" means the principal or person having general daily control and supervision of the school or that person's designee. END_STATUTE

Sec. 8.  Section 36-672, Arizona Revised Statutes, is amended to read:

START_STATUTE36-672.  Recommend immunizations; department rules

A.  Consistent with section 15‑873 15-872, the director shall adopt rules prescribing required recommended immunizations for school attendance, the approved means of immunization and indicated reinforcing immunizations for diseases, and identifying types of health agencies and health care providers which that may sign a laboratory evidence of immunity.  The rules shall include the required doses, recommended optimum ages for administration of administering the immunizations, persons who are authorized representatives to sign on behalf of a health agency and other provisions necessary to implement this article.

B.  The director, in consultation with the superintendent of public instruction, shall develop adopt by rule standards for documentary proof.

C.  Immunization against the human papillomavirus is Immunizations are not required for school attendance. END_STATUTE

Sec. 9.  Section 36-673, Arizona Revised Statutes, is amended to read:

START_STATUTE36-673.  Duties of local health departments; recommend immunizations; reimbursement; training; informed consent

A.  A local health department in cooperation with each school within the county shall provide for the required recommended immunization of pupils attending school.

B.  A local health department shall provide immunizations required recommended for school attendance at no cost to the pupil or pupil's parent, guardian or person in loco parentis.  In order to receive reimbursement for the cost of the immunization from the pupil's or parent's private health insurance coverage, the local health department may enter into a contract governing the terms of reimbursement and claims with the corresponding private health care insurer.  The local health department may enter into a contract with a private health care insurer on its own, in conjunction with other local health departments or through a qualified intermediary.  If the local health department chooses not to contract with a private health care insurer, or does not respond to the request to contract from a private health care insurer within ninety days of after the request, the insurer is not required to reimburse the local health department for the immunization. If a private health care insurer declines or does not respond to a request to contract with a local health department, with a coalition of other local health departments or through a qualified intermediary within ninety days of after the request to contract, the private health care insurer must reimburse the local health department at the rate paid to an in‑network provider.

C.  A local health department, on request by a school nurse and approval by the school administrator, shall train and authorize the school nurse to administer required recommended immunizations.

D.  A pupil shall not be immunized without the informed consent of the parent, guardian or person in loco parentis of the pupil.  A pupil who is at least eighteen years of age or is emancipated may consent to immunization. END_STATUTE

Sec. 10.  Section 46-292, Arizona Revised Statutes, is amended to read:

START_STATUTE46-292.  Eligibility for assistance

A.  A family without a dependent child in the household may not receive cash assistance.

B.  Cash assistance may be given under this title to any dependent child and member of a needy family:

1.  Who has established residence in Arizona at the time of application and who is either:

(a)  A citizen by birth or naturalization.

(b)  A qualified alien who entered the United States on or before August 21, 1996.

(c)  A qualified alien who entered the United States as a member of one of the exception groups under Public Law 104‑193, section 412, in which case the person shall be determined eligible in accordance with Public Law 104‑193.

(d)  Defined as a qualified alien by the attorney general of the United States under the authority of Public Law 104‑208, section 501.

For the purposes of subdivisions (b) and (c) of this paragraph, "qualified alien" means a person who is defined as a qualified alien under Public Law 104‑193, section 431.

2.  If the parent or parents of the dependent child or the nonparent relative head of household receiving assistance, if employable, does not refuse to accept available employment.  The department shall assess the applicant's employability at the time of initial application for assistance to establish a self‑sufficiency diversion option, if appropriate, before benefit issuance. The determination of employability and the conditions under which employment shall be required shall be determined by the state department, except that claimed unemployability because of physical or mental incapacity shall be determined by the state department in accordance with this title.

3.  If the parent or parents of the dependent child or the nonparent head of household in a needy family has not, within one year before application, or while a recipient, transferred or assigned real or personal property with the intent to evade federal or state eligibility requirements.  Transfer of property with retention of a life estate for the purpose of qualifying for assistance is prohibited.  Where fair consideration for the property was received, no inquiry into motive is necessary.  A person found ineligible under this section shall be ineligible for such time as the state department determines.

4.  Who meets the requirements of this section and department rule to qualify as part of the assistance unit.

C.  Qualified aliens entering the United States after August 21, 1996 are ineligible for benefits for a period of five years beginning on their date of entry, except for Cuban and Haitian entrants as defined in section 501(e)(2) of the refugee education assistance act of 1980 and exceptions provided under Public Law 104‑193 (personal responsibility and work opportunity reconciliation act of 1996) and Public Law 105‑32 (balanced budget act of 1997).

D.  A parent or any other relative who applies for or who receives cash assistance under this title on behalf of a child shall cooperate with the department by taking the following actions:

1.  Providing information regarding the identity of the child's father and mother and other pertinent information including their names, social security numbers and current addresses or a sworn statement that attests to the lack of this information and that is accompanied by facts supporting the asserted lack of information.

2.  Appearing at interviews, hearings and legal proceedings.

3.  Submitting and having the child submit to genetic testing.

4.  Signing authorizations for third parties to release information concerning the applicant or the child, or both.

5.  In cases in which parentage has not been established, providing a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties.

6.  Supplying additional information the department requires.

E.  The department shall sanction a recipient who, without good cause as prescribed in subsection F of this section, fails to cooperate with child support enforcement efforts according to the sanction provisions of section 46‑300.

F.  One or more of the following circumstances constitute good cause for failure to cooperate with child support enforcement efforts:

1.  Cooperation may result in physical or emotional harm to the parent, child for whom support is sought or caretaker relative with whom the child is living.

2.  Legal proceedings for adoption of the child for whom support is sought are pending before a court.

3.  The participant has been working, for less than ninety days, with a public or licensed private social agency on the issue of whether to allow the child for whom support is sought to be adopted.

4.  The child for whom support is sought was conceived as a result of sexual assault pursuant to section 13‑1406 or incest.

G.  A person claiming good cause has twenty days from after the date the good cause claim is provided to the agency to supply evidence supporting the claim.  When determining whether the parent or relative is cooperating with the agency as provided in subsection D of this section, the agency shall require:

1.  If the good cause exception in subsection F, paragraph 1 of this section is claimed, law enforcement, court, medical, criminal, psychological, social service or governmental records or sworn statements from persons with personal knowledge of the circumstances that indicate that the alleged parent or obligor might inflict physical harm on the parent, child or caretaker relative.

2.  If the good cause exception in subsection F, paragraph 2 of this section is claimed, court documents that indicate that legal proceedings for adoption are pending before a court of competent jurisdiction.

3.  If the good cause exception in subsection F, paragraph 3 of this section is claimed, records from a public or licensed private social services agency showing that placing the child for whom support is sought is under consideration.

4.  If the good cause exception in subsection F, paragraph 4 of this section is claimed, law enforcement, court, medical, criminal, psychological, social service or governmental records or sworn statements from persons with personal knowledge of the circumstances surrounding the conception of the child that indicate the child was conceived as a result of sexual assault pursuant to section 13‑1406 or incest.

H.  Notwithstanding subsection B of this section and except as provided in subsection I of this section, a dependent child or children who are born during one of the following time periods are not eligible for assistance under this title:

1.  The period in which the parent or other relative is receiving assistance benefits.

2.  The temporary period in which the parent or other relative is ineligible pursuant to a penalty imposed by the department for failure to comply with benefit eligibility requirements, after which the parent or other relative is eligible for a continuation of benefits.

3.  Any period after November 1, 1995 that is less than sixty months between a voluntary withdrawal from program benefits or a period of ineligibility for program benefits which that immediately followed a period during which program benefits were received and a subsequent reapplication and eligibility approval for benefits.

I.  The following exceptions apply to subsection H of this section:

1.  The department shall allow an increase in cash assistance under the program for a dependent child or children born as a result of an act of sexual assault pursuant to section 13‑1406 or incest. The department shall ensure that the proper law enforcement authorities are notified of allegations of sexual assault or incest made pursuant to this paragraph. For the purposes of this paragraph, "an act of sexual assault" includes sexual assault of a spouse if the offense was committed before August 12, 2005.

2.  For those parents or other relatives who are currently authorized for cash assistance, the department shall allow an increase in cash assistance under the program as a result of the birth of a child or children to the parent or other relative only if the birth occurred within ten months of after the initial eligible month. The department may use only the additional child or children who are born from the pregnancies covered in this subsection in computing the additional benefit.

3.  The department shall allow an increase in cash assistance for any dependent child born to a parent who has not received cash assistance under this title for at least twelve consecutive months if the child is born within the period beginning ten months after the twelve consecutive month period and ending ten months after the parent resumes receiving cash assistance.

4.  A dependent child or children who were born during a period in which the custodial parent received cash assistance through the Arizona works program shall be eligible to receive assistance under this title.

5.  A dependent child or children who were born within ten months after the custodial parent received cash assistance through the Arizona works program shall be eligible to receive assistance under this title.

6.  The department of economic security shall allow cash assistance for an otherwise eligible dependent child during the period in which the dependent child is in the legal custody of the department of child safety, a tribal court or a tribal child welfare agency located in this state and is placed in unlicensed kinship foster care with a nonparent relative or unrelated adult.

7.  The department shall allow cash assistance for an otherwise eligible child who meets one of the following:

(a)  The court has placed the child with a nonparent relative.

(b)  The child's parents are deceased and the child is living with a nonparent relative.

(c)  A nonparent relative has custody of the child because the child is abandoned as defined in section 8‑201.

J.  The department shall calculate the sixty‑month time period referenced in subsection H, paragraph 3 of this section in the following manner:

1.  For persons who are receiving cash assistance on November 1, 1995, the sixty‑month time period begins on November 1, 1995.  A subsequent sixty‑month time period begins immediately after the previous period ends if the person is receiving cash assistance through two sixty‑month periods.  If the individual is not receiving cash assistance at the end of the previous sixty‑month period, any subsequent sixty‑month time period begins on the date when cash assistance became effective again, regardless of when the person received an actual payment.

2.  For persons who begin receiving cash assistance after November 1, 1995, the sixty‑month time period begins on the date cash assistance becomes effective, regardless of when the person received an actual payment.  A subsequent sixty‑month period begins as provided in paragraph 1 of this subsection.

K.  In calculating a parent's or any other relative's benefit increase that arises from any general increase that has been approved for all program recipients, the department shall not consider a child or children born under the time periods listed in subsection H of this section.

L.  For the parents or other relatives who have additional children for whom they receive no cash assistance payment under subsection H of this section, the department shall make any necessary program amendments or request any necessary federal waivers to allow the parents or other relatives to earn income in an amount equal to the disallowed cash assistance payment without affecting their eligibility for assistance.

M.  The director shall adopt rules:

1.  To implement this section, including rules to define the investigatory steps that must be taken to confirm that an act of sexual assault pursuant to section 13‑1406 or incest led to the birth of a dependent child or children.

2.  That require the department to inform both verbally and in writing the parents and other relatives who are receiving assistance under this article of the specific family planning services that are available to them while they are enrolled as eligible persons in the Arizona health care cost containment system.

N.  This section does not prevent an otherwise eligible child who is not included in the family's calculation of benefits under this article from being eligible for coverage under title 36, chapter 29 or for any services that are directly linked to eligibility for the temporary assistance for needy families program.

O.  Assistance shall not be denied or terminated under this article because the principal wage earner works one hundred or more hours per month.

P.  Except as provided in paragraph 2 of this subsection, all members of a needy family, including stepparents, must meet the same financial eligibility criteria established in this title, by department rule and as follows:

1.  The department shall include all income from every source available to a needy family requesting cash assistance, except income that is required to be disregarded by this subsection and as determined by the department in rules.  For the amount of income that is received from employment, each month every employed person is entitled to receive an earned income disregard of ninety dollars $90 plus an additional thirty percent of the remaining earned income. A needy family that includes an employed person is entitled to an earned income disregard equal to the actual amount billed to the household for the care of an adult or child dependent household member, up to two hundred dollars $200 a month for a child under two years of age and up to one hundred seventy‑five dollars $175 a month for each other dependent.  This dependent care disregard is allowed only if the expense is necessary to allow the household member to become or remain employed or to attend postsecondary training or education that is preparatory to employment.

2.  The total gross countable income of a needy family that includes a nonparent relative head of household who is not applying for or receiving cash assistance and who is requesting cash assistance only for a dependent child shall not exceed one hundred thirty percent of the federal poverty guidelines.

Q.  If the total gross countable income in subsection P, paragraph 2 of this section does not exceed one hundred thirty percent of the federal poverty guidelines, in determining benefit amount, the department shall exclude the income of all members of the needy family except for the income of the eligible dependent child for whom cash assistance is requested.

R.  For the purposes of eligibility and benefit amount, only the income of the dependent child is considered for a child only case.

S.  Any parent or other relative who applies for or receives cash assistance under this article on behalf of a dependent child who is between six and sixteen years of age shall ensure that the child is enrolled in and attending school. An initial applicant is ineligible for benefits until the applicant's dependent children are verified to be enrolled in and attending an educational program.  The department of education shall assist the department of economic security in obtaining verification of school enrollment and attendance.  The director of the department of economic security may adopt rules for granting good cause exceptions from this subsection.  The department of economic security shall sanction a recipient who fails, without good cause, to ensure school enrollment and attendance according to section 46‑300.

T.  Any parent or other relative who applies for or receives cash assistance under this section on behalf of a dependent child shall ensure that the child is immunized in accordance with the schedule of immunizations pursuant to section 36‑672. The director of the department of economic security may adopt rules for granting good cause exceptions from this subsection.  The department of economic security shall sanction a recipient, in accordance with section 46‑300, who fails, without good cause, to obtain the required immunizations for a dependent child unless the recipient submits to the department of economic security the documentation described in section 15‑873. END_STATUTE

Sec. 11.  Section 46-300, Arizona Revised Statutes, is amended to read:

START_STATUTE46-300.  Sanctions

A.  The department shall impose a series of graduated sanctions as described in subsection D of this section for any noncompliance with:

1.  The child support enforcement efforts required by section 46‑292, subsection D unless good cause is established as provided in section 46‑292, subsections F and G.

2.  The work activities requirements described in section 46‑299, unless good cause is established as provided in section 46‑299, subsection H and department rules.  A recipient who does not comply with the work activities requirements shall demonstrate compliance with the work activities requirements in order to continue benefit eligibility and to avoid sanctions.

3.  The school enrollment and attendance requirements of section 46‑292, subsection S.

4.  The immunization requirements of section 46‑292, subsection T.

B.  In addition to subsection A of this section, the department shall impose a series of graduated sanctions as described in subsection D of this section if either of the following occurs:

1.  The recipient voluntarily terminates paid employment without good cause as specified in rules adopted by the director.

2.  An adult recipient uses, sells or possesses a controlled substance in violation of title 13 as specified in rules adopted by the director.

C.  Noncompliance with one or more of the requirements listed in subsection A of this section during any calendar month is deemed to be a month of noncompliance and shall result in the sanctions prescribed in subsection D of this section.  The department shall impose these graduated sanctions even if the instances of noncompliance do not occur in consecutive months.

D.  The department shall impose the following sanctions:

1.  For the first instance of noncompliance, the department shall reduce the household's cash assistance grant by fifty percent for one month.

2.  For a second instance of noncompliance that occurs in a month other than the month in which the first noncompliance occurred and any instance of noncompliance thereafter, the department shall terminate the household's cash assistance grant for at least one month or until the household complies. END_STATUTE

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