Bill Text: AZ HB2377 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Dependency; substance abuse; services; petition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-31 - House read second time [HB2377 Detail]
Download: Arizona-2019-HB2377-Introduced.html
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REFERENCE TITLE: dependency; substance abuse; services; petition |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2377 |
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Introduced by Representative Barto
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AN ACT
amending sections 8‑830 and 8‑841, Arizona Revised Statutes; relating to dependent children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-830, Arizona Revised Statutes, is amended to read:
8-830. Residential drug treatment center; services; definitions
A. The department shall contract with a provider to conduct family assessments, provide case management and provide the necessary services, including residential drug treatment services, to protect the child and support the family on referral from the department pursuant to section 8‑821.
B. The contract shall require that the provider establish a continuum of services for families through written agreements with community agencies and organizations to provide required services to families. The provider may purchase or obtain without cost the services of any agency or organization that may provide resources to assist the family.
C. The contract shall require that the provider initiate a thorough family assessment and start necessary services as soon as practicable within thirty days after the provider receives the referral from the department.
D. The department shall provide information to the provider concerning the current report and may provide any information from records it deems appropriate. All information received by the provider regarding the report of abuse or neglect and department records is subject to the confidentiality requirements of section 8‑807. Information in the records of the provider concerning the families served by the program is available for the purposes of evaluating the program.
E. If at any time during the course of service delivery the provider determines that the child is in imminent danger of abuse or neglect, the provider shall immediately report the case to the department or the appropriate law enforcement agency, or both, for appropriate action. In all cases the provider and any agency under subcontract to the provider shall retain records of information on initial and ongoing contact with the family and the final disposition of the case and shall provide this information to the department.
F. The department shall require that the provider establish a local advisory board composed of appropriate community representatives, including representation from families in the community and local public agencies. The local advisory board shall ensure that a continuum of services is provided for families and shall provide oversight to the program.
G. The department shall develop performance standards for the contracts, provide training to the provider or organization staff involved in service delivery to these families regarding child abuse and neglect and monitor the performance of the providers.
H. The contract entered into pursuant to this section shall be for a term of ten years. The program established by this section ends on July 1, 2014 pursuant to section 41‑3102.
I. For the purposes of this section:
1. "Provider" means a community or faith‑based provider that is awarded a contract by the department.
2. "Services" includes:
(a) Family assessment.
(b) Case management.
(c) Child day care.
(d) Housing search and relocation.
(e) Parenting skills training.
(f) Supportive intervention and guidance counseling.
(g) Transportation.
(h) Emergency services.
(i) Intensive family preservation.
(j) Parent aide services.
(k) Residential drug treatment services.
(l) Additional services that the department determines are necessary to meet the needs of the families.
Sec. 2. Section 8-841, Arizona Revised Statutes, is amended to read:
8-841. Dependency petition; service; preliminary orders
A. Any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent. The department shall file a dependency petition if a health professional has determined that a child who is under six months of age has been exposed prenatally or after birth to a drug or substance listed in section 13‑3401 and that this exposure was not the result of a medical treatment to the mother or infant by a health professional.
B. The petition shall be verified and shall contain all of the following:
1. The name, age and address, if any, of the child on whose behalf the petition is brought.
2. The names and addresses, if known, of both parents and any guardian of the child.
3. A concise statement of the facts to support the conclusion that the child is dependent.
4. If the child was taken into temporary custody, the date and time the child was taken into custody.
5. Whether the department believes that an aggravating circumstance described in section 8‑846, subsection D, paragraph 1 exists.
6. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95‑608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).
C. The person who files the petition shall have the petition and a notice served on:
1. The parents and any guardian of the child.
2. The child's guardian ad litem or attorney.
3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster‑adoptive placement.
D. The notice shall contain all of the following:
1. The name and address of the person to whom the notice is directed.
2. The date, time and place of the hearing on the petition.
3. The name of the child on whose behalf the petition has been filed.
4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.
5. A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.
6. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.
E. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing. If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.
F. On the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.
