Bill Text: AZ HB2378 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed
Bill Title: Adoption; child welfare; dependency
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-04-26 - Chapter 137 [HB2378 Detail]
Download: Arizona-2019-HB2378-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2378 |
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AN ACT
amending sections 8‑112 and 8‑113, Arizona Revised Statutes; amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8‑514.08; amending section 8‑526, 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 8-112, Arizona Revised Statutes, is amended to read:
8-112. Social studies; requirements
A. The division, an agency or an officer of the court shall conduct and submit a social study to the court ten days before the hearing on the petition to adopt. Notwithstanding any other provisions of this section, the court may order an additional social study or waive the social study if it determines that this is in the child's best interests because of special circumstances.
B. Except as provided in subsection D or E of this section, the social study shall include the following:
1. The social history, heritage and mental and physical condition of the child and the child's birth parents.
2. The child's current placement in the prospective adoptive parent's home and the child's adjustment to that home.
3. The prospective adoptive parent's suitability to adopt.
4. The existing and proposed arrangements regarding the child's custody.
5. Any financial arrangement concerning the proposed adoption made by the birth parents, the division, an agency, an attorney or the prospective adoptive parents.
6. A state and federal criminal records check of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent except a birth or legal parent with custody of the child. A valid fingerprint clearance card that is issued pursuant to section 41‑1758.07 satisfies this requirement. The court may order an additional state and federal criminal records check for good cause.
7. A central registry records check, including any history of child welfare referrals, with the division of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent.
8. Any other information that is pertinent to the adoption proceedings.
C. The social study conducted pursuant to subsection A of this section is part of the case file and shall contain a definite recommendation for or against the proposed adoption and the reasons for that recommendation.
D. The social study conducted pursuant to subsection A of this section shall consist only of the results of the state and federal criminal records check and the central registry records check conducted pursuant to subsection B of this section if either of the following is true:
1. The prospective adoptive parent is the child's stepparent who has been legally married to the child's birth or legal parent for at least one year and the child has resided with the stepparent and parent for at least six months.
2. The prospective adoptive parent is the child's adult sibling, by the whole or half blood, or the child's aunt, uncle, grandparent or great‑grandparent and the child has resided with the prospective adoptive parent for at least six months.
E. If the child being considered for adoption has resided with the prospective adoptive parent for at least six months and the prospective adoptive parent either has adopted a child or was appointed the permanent guardian of the child within three years preceding the current application, or is a foster parent who is licensed by this state, the social study conducted pursuant to subsection A of this section may consist only of the following:
1. The results of the central registry records check conducted pursuant to subsection B of this section.
2. A review of any material changes in circumstances that have occurred since the previous adoption, permanent guardianship or license renewal that affect the prospective adoptive parent's ability to adopt the child or for the child to be placed in the prospective adoptive parent's home.
F. The department shall complete any required social study within six months after receiving a completed application to adopt a child if all of the following apply to the child:
1. The child is free for adoption and is at least sixteen years of age.
2. The department has placed the child with a prospective adoptive parent.
3. The child consents to the adoption.
Sec. 2. Section 8-113, Arizona Revised Statutes, is amended to read:
8-113. Removal from home; expedited hearings; probationary period; rights and responsibilities; visitation limitations
A. A child who has been placed in a certified adoptive home by any agency or the division shall not be removed from the home except on order of the juvenile court. The agency or the division may request a hearing for removal before the juvenile court, and in those cases, a hearing shall be held not less than ten days after notice has been given to the certified prospective adoptive parent or parents.
B. This section does not prohibit prospective adoptive parents from voluntarily returning any child to the placing agency or the division or does not prevent the removal of a child pursuant to section 8‑456 or 8‑821.
C. Pending the final adoption hearing, the child is subject to further investigation by the division, an officer of the court or an agency that is required to do the social study pursuant to section 8‑105.
D. The court shall hold the hearing on the petition:
1. Within sixty days if the child has resided in the home of the prospective adoptive parent or parents for at least one year immediately preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
2. Within ninety days if the child is under three years of age or has resided in the home of the prospective adoptive parent or parents for at least six months preceding the filing of the petition for adoption. If the prospective adoptive parent is the stepparent of the child, this requirement applies only if the stepparent has been married to the birth or legal parent of the child for at least one year.
3. In all other cases, within six months after the filing of the petition for adoption.
E. If subsection D, paragraph 1 or 2 of this section applies, the petitioner shall file a notification of that fact with the petition to adopt.
F. The court shall postpone a hearing scheduled to be held pursuant to subsection D of this section if the court has not received the results of the criminal records check at least forty‑eight hours before the final hearing. The court shall reschedule the hearing within twenty‑one days after receiving the results.
G. The court or the petitioner may postpone the final hearing up to sixty days in order to give notice to any interested party or for other good cause.
H. The court shall hold an expedited hearing on a motion that is supported by a sworn affidavit that the expedited hearing is in the child's best interests and that any of the following is true:
1. The child is suffering from a chronically debilitating, progressive or fatal disease as diagnosed by a licensed physician.
2. A prospective adoptive parent, birth parent or legal parent is terminally ill, as diagnosed by a licensed physician.
3. The child is free for adoption, is at least sixteen years of age, consents to the adoption and has lived with the prospective adoptive parent for at least six months.
3. 4. The court finds other compelling reasons relating to the special needs and welfare of the child to expedite the hearing.
I. During the probationary period or any extension, prospective adoptive parents who have complied with the provisions of this chapter have the following rights and responsibilities with respect to the child:
1. The right to physical custody of the child unless the child is removed by order of the juvenile court after notice and a hearing.
2. The right to consent to necessary medical procedures for the child.
3. The right to consent to participation in social and athletic activities for the child.
4. The responsibility to provide proper care and support for the child in addition to that already provided by the placing agency or division.
5. The right to refuse visitation between the child and a birth parent if that parent's rights have been terminated pending appeal unless the juvenile court orders visitation.
6. On request, the right to be notified by the agency or the division of and to participate in all meetings in which the division is making decisions relating to the child in the prospective adoptive home.
7. On request, the right to notification from the agency or the division of an appeal of the termination of the birth parent's parental rights.
Sec. 3. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-514.08, to read:
8-514.08. Educational decisions; parent contact information; inability to locate
A. If a child in the custody of the department is in out‑of‑home care and is receiving or in need of services pursuant to title 15, chapter 7, article 4, the department shall promptly notify the child's public education agency of the name and contact information for the child's parent, as defined in 34 code of federal regulations section 300.30, unless a court has ordered otherwise.
B. If a public education agency notifies the department that the child requires an initial evaluation for special education and related services and the parent identified pursuant to subsection A of this section cannot be located or does not attempt to participate, the department shall promptly notify the public education agency of a parent, as defined in 34 code of federal regulations section 300.30, who can consent to or refuse the initial evaluation in accordance with 20 United States Code section 1414.
C. When the biological or adoptive parent of the child attempts to act as the parent, the biological or adoptive parent is presumed to be the parent for the purposes of this section.
Sec. 4. Section 8-526, Arizona Revised Statutes, is amended to read:
8-526. Child welfare; reporting requirements
A. The department shall make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and that is conducive to analysis.
B. The department shall make available the following information on a semiannual basis by September 30 for the period ending the prior June 30 and by March 31 for the period ending the prior December 31:
1. Success in meeting training requirements.
2. Caseloads for child safety workers.
3. The number of new reports and reports that have been closed.
4. The number of case-carrying caseworkers in each region.
5. The number of investigations by region.
6. The number of children being served in-home and the number of children being served out-of-home by each region.
7. The total number of reports received, by major category and by priority.
8. The number of reports not responded to, by priority, by county and statewide.
9. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
10. The number of reports for investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in:
(a) A substantiated report.
(b) A report currently proposed for substantiation.
(c) An unsubstantiated report.
11. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
12. Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide.
13. The number of newborn infants delivered to safe haven providers pursuant to section 13‑3623.01.
14. The number of children entering out‑of‑home care by county during the reporting period, and the number and percentage of the children entering out‑of‑home care by county during the reporting period who are voluntary placements for children under eighteen years of age.
15. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care:
(a) Within the previous twelve months.
(b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph.
16. The number and percentage of children who have remained in a shelter or receiving home for more than twenty‑one consecutive days, by the child's age group.
17. The total number of licensed foster homes, the number of licensed foster homes considered kinship homes, the number of licensed community foster homes and the number of available spaces in licensed community foster homes.
18. The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8‑516.
19. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8‑516.
20. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out‑of‑home placement and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Case plan goal.
(d) Type of out‑of‑home placement, categorized by age.
(e) Length of time in out‑of‑home placement of less than thirty days, thirty‑one days to twelve consecutive months, twelve to twenty‑four consecutive months and more than twenty‑four consecutive months, including the median, average and range of the number of out-of-home placements.
(f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status.
21. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.
22. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Number of placements.
(d) Average length of time in care.
23. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.
24. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Average length of time in care.
(d) Legal status.
25. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Average length of time in out‑of‑home placement.
(d) Length of time from change of case plan goal to adoptive placement.
(e) Legal status.
(f) Marital status and relationship of the adoptive parent or parents to the child.
26. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Cause of the disruption.
(d) Marital status and relationship of the adoptive parent or parents to the child.
27. The number of children whose adoptions were finalized during the reporting period and as categorized by:
(a) Average length of time in out‑of‑home placement before adoptive placement.
(b) Average length of time in adoptive placement before the final order of adoption.
(c) Marital status and relationship of the adoptive parent or parents to the child.
28. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:
(a) The cause of death.
(b) The type of out-of-home placement at the time of death.
29. The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows:
(a) Biological parent or parents.
(b) Other family member.
(c) Adoptive parent or parents.
(d) Foster care parent or parents.
(e) Other out-of-home care provider.
30. The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 29 of this subsection.
31. The ratio of supervisors to specialists by region.
32. The source and use of federal monies in the department.
33. The source and use of state monies in the department.
C. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children.
D. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state.
E. The department shall make available the following information on an annual basis:
1. The percentage of substantiations upheld by the office of administrative hearings.
2. The demographics and number of children placed with relative caregivers.
3. The demographics of kinship foster caregivers.
4. The number of relative children per kinship foster care family.
5. The department's success at maintaining kinship foster care placements.
6. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers.
7. The cost of services provided to kinship foster caregivers compared to the cost of out‑of‑home placements.
8. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year.
9. The total amount of money spent on the housing assistance program by region.
10. A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided.
11. The number of children in the independent living program by age, county and education status.
12. Beginning WITH THE 2022 DATA PERIOD, the STATEWIDE number of children in substantiated reports for investigation that are received in the twelve months before the current ANNUAL reporting period AND that allege neglect as defined in section 8-201, paragraph 25, subsection (c) AND THE NUMBER OF CHILDREN IN THESE REPORTS WHO WERE:
(a) RemovED within thirty days after the date the report is received.
(b) RemovED within six months after the date the report is received.
F. The department shall make available the following information on a monthly basis:
1. Operations and workforce data measures that include:
(a) Staff vacancy levels by position category and turnover.
(b) New hires, separations, turnover and voluntary attrition delineated by field position, safety specialists, hotline staff, caseworkers in training, program, program supervisors, case aides, office of child welfare investigations staff and administrative staff.
(c) Hotline performance.
(d) Reports received by maltreatment type, priority and response time.
(e) Inactive cases by disposition.
(f) Open reports.
(g) Entries and exits from the foster care population by exit type.
(h) Support service provision.
(i) Demographics, placement types and case plan goals of the foster care population.
(j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit.
2. Financial data that compares total expenditures each month and year‑to‑date as compared to prior year totals, appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source.
G. The department shall make the information required pursuant to subsection B or F of this section available within sixty days after the end of the applicable reporting period.
H. The department shall notify the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting when an update is made on information that must be made available pursuant to subsection B or F of this section.
