Bill Text: AZ HB2640 | 2015 | Fifty-second Legislature 1st Regular | Engrossed
Bill Title: Dependency; households; domestic violence
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-03-18 - Referred to Senate RULES Committee [HB2640 Detail]
Download: Arizona-2015-HB2640-Engrossed.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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HOUSE BILL 2640 |
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AN ACT
amending section 8‑456, Arizona Revised Statutes; amending title 8, chapter 4, article 9, Arizona Revised Statutes, by adding section 8‑827; 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 8-456, Arizona Revised Statutes, is amended to read:
8-456. Investigative function; training; criminal offenses; definition
A. The department shall train all investigators in forensic interviewing and processes and the protocols established pursuant to section 8‑817. The training must include:
1. Uniform safety and risk assessment tools to determine whether the conduct constitutes abuse or neglect and the severity of the abuse or neglect.
2. The duty to protect the legal and due process rights of children and families from the time of the initial contact through case closure.
3. Instruction on a child's rights as a crime victim and instruction on the legal rights of parents.
4. A checklist or other mechanism to assist the investigator in giving consideration to the relevant factors in each investigation.
B. The office of child welfare investigations shall investigate reports for investigation that contain a criminal conduct allegation as provided in sections 8‑471 and 8‑817.
C. After receiving a report for investigation from the centralized intake hotline pursuant to section 8‑455, an investigator shall do all of the following:
1. Make a prompt and thorough investigation. An investigation must evaluate and determine the nature, extent and cause of any condition created by the parents, guardian or custodian or an adult member of the victim's household that would tend to support or refute the allegation that the child is a victim of abuse or neglect and determine the name, age and condition of other children in the home. If an investigator has sufficient information to determine that the child is not a victim of abuse or neglect, the investigator may close the investigation.
2. If required by section 8‑821 and subject to section 8‑471, take a child into temporary custody. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary.
D. After an investigation, an investigator shall:
1. Determine whether any child is in need of child safety services consistent with the evaluation and determination made pursuant to subsection C of this section.
2. If appropriate pursuant to section 8‑846, offer to the family of any child who is found to be a child in need of child safety services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent.
3. Submit a written report of the investigator's investigation to:
(a) The department's case management information system within a reasonable amount of time that does not exceed forty-five days after receipt of the report for investigation except as provided in section 8‑811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department under this title, a copy of the report and any additional investigative or other related reports must be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports.
(b) The appropriate court forty‑eight hours before a dependency hearing pursuant to a petition of dependency or within twenty‑one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel.
4. Accept a child into voluntary placement pursuant to section 8‑806.
5. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel in the department to preclude violations of a court order in the provision of any services.
6. Before returning a child, conduct a criminal background check of all members of the household to which the child will be returned or any person who has a dating or intimate relationship with a member of the household.
E. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.
F. If an investigation indicates a reason to believe that a criminal offense has been committed, the investigator shall immediately provide the information to the appropriate law enforcement agency and the office of child welfare investigations, unless the information was previously provided pursuant to section 8‑455.
G. For the purposes of this section, "investigator" means an employee of the department who investigates allegations of abuse or neglect pursuant to a report for investigation.
Sec. 2. Title 8, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 8-827, to read:
8-827. Return of child; rules; notices; violation; classification; definition
A. The department shall adopt rules regarding the return of a child after a determination of dependency that include both of the following:
1. The department shall conduct a criminal background check of all members of the household to which the child will be returned, of all persons who have a dating or intimate relationship with a member of the household and of a biological parent of the child whose parental rights have not been terminated.
2. If any criminal background check performed pursuant to this subsection indicates that a person has been arrested for, charged with or convicted of a felony offense that involved conduct that poses an imminent threat of danger to the child, the child may not be returned if there is significant evidence that the alleged or convicted perpetrator's imminent threat to children cannot be reasonably mitigated by planning and action taken by the department in partnership with the nonoffending parent, familial resources or providers. The imminent threat of danger shall:
(a) Be determined based on the alleged or convicted perpetrator's pattern of behavior, the difficulty in controlling this behavior and the alleged or convicted perpetrator's violence against or threats to a partner or child, or both.
(b) Not be based on the residence, location or relationship status of the alleged or convicted perpetrator.
B. In determining the existence of an imminent threat, the department shall:
1. Consider the nature of the felony offense, the relative time frame of the occurrence, The alleged or convicted perpetrator's history of behavior and any other relevant factors involved in the felony offense, including the protective capacity of the nonoffending parent.
2. Consult with the foster family, the guardian ad litem, a domestic violence victim advocate, a service provider or any other person deemed necessary and with knowledge of the felony offense or the family.
C. While a case remains open, the child's parent, guardian or custodian who is seeking the return of the child to the child's home or to whom a child has been returned shall notify the department of both of the following:
1. Any changes in the members of the household or changes in persons who have a dating or intimate relationship with a member of the household.
2. If, to the knowledge of the child's parent, guardian or custodian, any member of the child's household, a biological parent whose parental rights have not been terminated or any person who has a dating or intimate relationship with a member of the household is arrested for, charged with or convicted of a felony offense that involved conduct that poses an imminent threat of danger to the child. The inability of a parent, guardian or custodian who is seeking the return of the child to provide this information is not a bar to the child being returned to the parent, guardian or custodian if there is no imminent threat of danger to the child in being returned.
D. A person who violates subsection B of this section is guilty of a petty offense.
E. For the purposes of this section, "Domestic violence victim advocate" has the same meaning prescribed in section 12‑2239.
