Bill Text: AZ SB1380 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered


Bill Title: Children; out-of-home placement

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-04-05 - Chapter 149 [SB1380 Detail]

Download: Arizona-2018-SB1380-Chaptered.html

 

 

House Engrossed Senate Bill

 

 

 

State of Arizona

Senate

Fifty-third Legislature

Second Regular Session

2018

 

 

 

CHAPTER 149

 

SENATE BILL 1380

 

 

AN ACT

 

amending section 8-513, Arizona Revised Statutes; amending Title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8‑514.06; relating to child welfare and placement.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 8-513, Arizona Revised Statutes, is amended to read:

START_STATUTE8-513.  Participation in activities; contact with relatives; placement with siblings

A.  A child may participate in activities and functions generally accepted as usual and normal for children of the child's age group if permission is granted as follows:

1.  If the activity by law requires a license, the agency or division that placed the child may give permission on request of the foster parent.

2.  If the activity includes the child leaving the jurisdiction of the court for a period not to exceed thirty days, the agency or division that placed the child may give permission on request of the foster parent.

3.  If the activity is one which is associated with a school or organization not prohibited by rule of the division, the foster parents of the child may give permission.

B.  The state shall indemnify and hold harmless the agency or foster parents for liability that may be incurred or alleged as a result of giving permission pursuant to subsection A if it is reasonably and prudently given. The state shall provide the defense of any action alleging such liability.

C.  A child placed in foster care has the right to maintain contact with friends and other relatives unless the court has determined that contact is not in the child's best interests as determined pursuant to a court hearing.

D.  If a child has been removed from the child's home and placed in out-of-home placement, guardianship or adoptive placement, the department shall make reasonable efforts to place that child with the child's siblings or, if that is not possible, to maintain frequent visitation or other ongoing contact between the child and the child's siblings unless a court determines that either the placement or the visitation or contact would be contrary to the child's or a sibling's safety or well-being.

E.  The out-of-home provider for a youth who is at least sixteen years of age shall work with independent living programs that are focused on career, education and future development planning to assist the youth in meeting program goals. END_STATUTE

Sec. 2.  Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-514.06, to read:

START_STATUTE8-514.06.  Out-of-home placement; documents; definition

A.  If a child who is in the custody of the department and who is at least sixteen years of age is placed in out‑of‑home placement, the out‑of‑home placement provider:

1.  Within sixty days after placement, shall obtain and provide the child access to the documents if the out-of-home placement provider is a child welfare agency.

2.  May obtain and provide the child access to the documents if the out-of-home placement provider is a licensed foster home or a kinship foster home.

B.  If an out‑of‑home placement provider requests a document pursuant to subsection a of this section and the department of child safety verifies the current placement, the department of health services or the department of transportation, as applicable, shall provide the out‑of‑home placement provider with the requested document that the relevant department maintains.

C.  The department of health services shall waive any fees charged by an agency to provide a document prescribed by subsection A of this section.

D.  The department of child safety shall provide a foster parent or kinship foster parent with the social security number of a child in the foster parent's or kinship foster parent's care for a lawful purpose within ninety days after the foster parent's or kinship foster parent's request.

E.  The department of child safety shall provide a child who is in its custody and who is at least fourteen years of age with the child's social security card within one hundred twenty days after receipt of a written request from the child.

F.  The department shall request a birth certificate for a child who is in the custody of the department and who is placed in out‑of‑home placement within thirty days after the child's placement, unless the child is returned to custody of the child's parent within that thirty‑day period.

G.  For the purposes of this section, "documents" means all of the following:

1.  The child's birth certificate.

2.  The child's nonoperating identification license.

3.  The child's immunization records.  END_STATUTE


 

 

 

 

APPROVED BY THE GOVERNOR APRIL 5, 2018.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 5, 2018.

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