Bill Text: AZ SB1166 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered
Bill Title: Permanent guardianship; subsidy
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-10 - Chapter 161 [SB1166 Detail]
Download: Arizona-2018-SB1166-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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CHAPTER 161
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SENATE BILL 1166 |
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AN ACT
amending sections 8-141, 8‑143 and 8‑814, Arizona Revised Statutes; relating to permanent guardianship.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-141, Arizona Revised Statutes, is amended to read:
8-141. Definitions; exception
A. In this article, unless the context otherwise requires:
1. "Adoption subsidy" means a grant that is provided to a child with special needs and that has been applied for through the department.
2. "Agency" means the department or a child welfare agency that is authorized in its license issued by the department to place or care for children in foster care.
3. "Application" means the completion of the department application form with documentation of the child's special needs.
4. "Child" means any person who is under the age of eighteen years, who is legally free for adoption and who otherwise may not be adopted because the person has special needs.
5. "Developmental disability" has the same meaning as provided in section 36‑551.
6. "Emotional disturbance" means a condition which impedes the child's ordinary developmental progress as defined by accepted psychiatric or psychological standards and as diagnosed by one or more psychiatrists or psychologists approved by the department.
7. "Emotional ties" includes:
(a) Identification of the child as a member of the foster family.
(b) Identification by the foster family of the child as belonging to that family.
(c) The likelihood that the child will not establish significant emotional ties to another family if he is denied permanent placement with the foster family.
8. "High risk of physical or mental disease" means a potentially debilitating condition as defined by accepted standards of the health service profession and as certified by one or more health service providers approved by the department.
9. "High risk of severe emotional disturbance if removed from the care of his foster parents" means the development of significant emotional ties to the foster family as documented by the child's case manager and as diagnosed by a psychiatrist or psychologist approved by the department.
10. "Mental disability" means a lifelong condition which is characterized by impaired intellectual development and impedes the ability to function independently as defined by accepted national standards and as certified by a psychologist, physician or child development specialist approved by the department.
11. "Physical disability" means one of the following conditions:
(a) A chronically debilitating, progressive or fatal disease which requires assistance for the child in activities of daily living.
(b) The requirement of assistance of another person or mechanical device for movement from place to place.
12. "Racial or ethnic factors" means Black, Hispanic, Native American, Asian or other heritage which may prevent a child from being adopted by a family of similar racial or ethnic origin.
13. "Special needs" means one or more of the following conditions which existed before the finalization of adoption:
(a) Physical, mental or developmental disability.
(b) Emotional disturbance.
(c) High risk of physical or mental disease.
(d) High risk of developmental disability.
(e) Age of six or more years at the time of application for an adoption subsidy.
(f) Sibling relationship.
(g) Racial or ethnic factors.
(h) High risk of severe emotional disturbance if removed from the care of his foster parents or permanent guardian.
(i) Any combination of the special needs described in this paragraph.
B. The condition described in subsection A, paragraph 13, subdivision (h), is not a special need unless the foster care or permanent guardian relationship existed before the foster adoption placement was made.
Sec. 2. Section 8-143, Arizona Revised Statutes, is amended to read:
8-143. Eligibility; limitation
A. The following persons may apply to the department to have the adoption of a child subsidized:
1. Foster parents who are interested in adopting a child in their home. or any
2. Permanent guardians who are appointed for a child pursuant to chapter 4, article 12 of this title.
3. Other persons who are 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 to have the adoption of a child subsidized.
B. 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.
c. The child who the permanent guardian seeks to adopt shall be eligible for the adoption subsidy at the permanent guardianship subsidy rate established by the department.
Sec. 3. Section 8-814, Arizona Revised Statutes, is amended to read:
8-814. Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition
A. The department shall establish and administer an ongoing program of subsidized permanent guardianship. Subsidies shall be provided from monies appropriated to the department or made available to it from other sources for permanent guardianship purposes.
B. The department may provide a subsidy to an applicant on behalf of a child subject to the requirements of this section.
C. An applicant is not eligible for a subsidy until the applicant demonstrates that the child or a responsible person on behalf of the child has applied for all benefits to which the child is entitled from other state or federal programs.
D. C. The department shall determine the appropriate amount of the subsidy, which shall not exceed the maintenance payment allowable for an adoption subsidy pursuant to chapter 1, article 2 of this title. The amount of the subsidy shall be offset by benefits received pursuant to the from other state or federal programs described in subsection C of this section to which the child is entitled.
E. D. The department shall conduct an annual review of a subsidy to determine that the permanent guardian continues to be eligible for the subsidy and that the subsidy is for the appropriate amount.
F. E. A permanent guardian who is receiving a subsidy shall:
1. Cooperate with the department in the annual review process.
2. Notify the department in writing of any change:
(a) That would lead to discontinuance of the subsidy pursuant to subsection G F of this section.
(b) In benefits being received from other state or federal programs described in subsection C of this section to which the child is entitled within two weeks of the change.
(c) In address within two weeks of the change.
G. F. The department shall discontinue a subsidy if any of the following occurs:
1. The permanent guardianship terminates.
2. The child dies or does not reside with the permanent guardian.
3. The child reaches eighteen years of age, except that the department may continue the subsidy until the child's twenty‑second birthday if the child is enrolled in and regularly attending school and has not received a high school diploma or certificate of equivalency.
4. The applicant fails to comply with any requirement in this section.
H. G. Any decision denying, reducing or terminating a permanent guardianship subsidy is appealable pursuant to title 41, chapter 6 and chapter 14, article 3.
I. H. Notwithstanding section 41‑3102, this program does not include a specific expiration date.
J. I. For the purposes of this section, "applicant" means a person who is appointed as a permanent guardian pursuant to section 8‑872 or as a provisional or successor permanent guardian pursuant to section 8‑874 and who applies for a subsidy pursuant to this section.
APPROVED BY THE GOVERNOR APRIL 10, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 10, 2018.
