Bill Text: AZ SB1381 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: DCS; revisions; confidentiality; appeals
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-01 - Senate read second time [SB1381 Detail]
Download: Arizona-2017-SB1381-Introduced.html
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REFERENCE TITLE: DCS; revisions; confidentiality; appeals |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1381 |
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Introduced by Senator Barto
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AN ACT
amending sections 8‑145, 8‑166, 8‑506.01, 8‑522, 8‑814 and 41‑1092.02, 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 8-145, Arizona Revised Statutes, is amended to read:
8-145. Appeals
An order denying, reducing or terminating a subsidy shall be appealable pursuant to title 41, chapter 6, article 6 and chapter 14, article 3 10.
Sec. 2. Section 8-166, Arizona Revised Statutes, is amended to read:
8-166. Appeals
A person may appeal a department decision denying or reducing an application for reimbursement of nonrecurring expenses pursuant to title 41, chapter 6, article 6 and chapter 14, article 3 10.
Sec. 3. Section 8-506.01, Arizona Revised Statutes, is amended to read:
8-506.01. Denial, suspension, revocation or change of license; child welfare agency; appeal
The division may deny the application or suspend or revoke the license of any child welfare agency for the wilful violation of any provision of this article or for failure to maintain the standards of the care prescribed by the division. Written notice of the grounds of the suspension or the proposed denial or revocation or any other material change in the license status, including provisional status, shall be given to the applicant or holder of the license. Within twenty twenty‑five days after receipt the mailing date of the written notice of a proposed denial, revocation, suspension or change, the applicant or holder may request a hearing in accordance with title 41, chapter 6, article 10. If the hearing is requested it shall be held within ten days of the request, at which time the applicant or holder has the right to subpoena witnesses, present testimony and confront witnesses.
Sec. 4. Section 8-522, Arizona Revised Statutes, is amended to read:
8-522. Dependency actions; special advocate; appointment; duties; immunity
A. The presiding judge of the juvenile court in each county may appoint an adult as a special advocate to be the guardian ad litem for a child who is the subject of a dependency action. The court shall make this appointment at the earliest possible stage in the proceedings. A child, through the child's guardian ad litem or attorney, has the right to be informed of, to be present at and to be heard in any proceeding involving dependency or termination of parental rights.
B. The supreme court shall certify special advocates pursuant to rules adopted by the court. Court rules for certification shall include compliance with qualification standards prescribed by the court.
C. The appointment of the special advocate continues until the court relieves the advocate of the advocate's responsibilities or until the court dismisses the action before it.
D. A special advocate serves without compensation but is entitled to reimbursement of expenses pursuant to guidelines prescribed by the supreme court by rule.
E. A special advocate shall:
1. Meet with the child.
2. Advocate for the child's safety as the first priority.
3. Gather and provide independent, factual information to aid the court in making its decision regarding what is in the child's best interest and in determining if reasonable efforts have been made to prevent removal of the child from the child's home or to reunite the child with the child's family.
4. Provide advocacy to ensure that appropriate case planning and services are provided for the child.
5. Perform other duties prescribed by the supreme court by rule.
F. A special advocate shall have access to all documents and information regarding the child and the child's family without obtaining prior approval of the child, the child's family or the court. All records and information the special advocate acquires, reviews or produces may only be disclosed as provided for in section 41‑1959 8‑807.
G. The special advocate shall receive notice of all hearings, staffings, investigations and other matters concerning the child. The special advocate shall have a right to participate in the formulation of any agreement, stipulation or case plan entered into regarding the child.
H. A special advocate is immune from civil or criminal liability for the advocate's acts or omissions in connection with the authorized responsibilities the special advocate performs in good faith.
Sec. 5. Section 8-814, Arizona Revised Statutes, is amended to read:
8-814. Permanent guardianship subsidy; offsets; discontinuation; annual review; 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. 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 programs described in subsection C of this section.
E. 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. 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 of this section.
(b) In benefits being received from programs described in subsection C of this section within two weeks of the change.
(c) In address within two weeks of the change.
G. 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. Any decision denying, reducing or terminating a permanent guardianship subsidy is appealable pursuant to title 41, chapter 6 and chapter 14, article 3 10.
I. Notwithstanding section 41‑3102, this program does not include a specific expiration date.
J. 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.
Sec. 6. Section 41-1092.02, Arizona Revised Statutes, is amended to read:
41-1092.02. Appealable agency actions; application of procedural rules; exemption from article
A. This article applies to all contested cases as defined in section 41‑1001 and all appealable agency actions, except contested cases with or appealable agency actions of:
1. The state department of corrections.
2. The board of executive clemency.
3. The industrial commission of Arizona.
4. The Arizona corporation commission.
5. The Arizona board of regents and institutions under its jurisdiction.
6. The state personnel board.
7. The department of juvenile corrections.
8. The department of transportation, except as provided in title 28, chapter 30, article 2.
9. The department of economic security except as provided in section 46‑458.
10. The department of revenue regarding:
(a) Income tax or withholding tax.
(b) Any tax issue related to information associated with the reporting of income tax or withholding tax unless the taxpayer requests in writing that this article apply and waives confidentiality under title 42, chapter 2, article 1.
11. The board of tax appeals.
12. The state board of equalization.
13. The state board of education, but only in connection with contested cases and appealable agency actions related to applications for issuance or renewal of a certificate and discipline of certificate holders pursuant to sections 15‑203, 15‑534, 15‑534.01, 15‑535, 15‑545 and 15‑550.
14. The board of fingerprinting.
15. The department of child safety except as provided in sections 8‑506.01 and 8‑811.
B. Unless waived by all parties, an administrative law judge shall conduct all hearings under this article, and the procedural rules set forth in this article and rules made by the director apply.
C. Except as provided in subsection A of this section:
1. A contested case heard by the office of administrative hearings regarding taxes administered under title 42 shall be subject to section 42‑1251.
2. A final decision of the office of administrative hearings regarding taxes administered under title 42 may be appealed by either party to the director of the department of revenue, or a taxpayer may file and appeal directly to the board of tax appeals pursuant to section 42‑1253.
D. Except as provided in subsections A, B, E, F and G of this section and notwithstanding any other administrative proceeding or judicial review process established in statute or administrative rule, this article applies to all appealable agency actions and to all contested cases.
E. Except for a contested case or an appealable agency action regarding unclaimed property, sections 41‑1092.03, 41‑1092.08 and 41‑1092.09 do not apply to the department of revenue.
F. The board of appeals established by section 37‑213 is exempt from:
1. The time frames for hearings and decisions provided in section 41‑1092.05, subsection A, section 41‑1092.08 and section 41‑1092.09.
2. The requirement in section 41‑1092.06, subsection A to hold an informal settlement conference at the appellant's request if the sole subject of an appeal pursuant to section 37‑215 is the estimate of value reported in an appraisal of lands or improvements.
G. Auction protest procedures pursuant to title 37, chapter 2, article 4.1 are exempt from this article.
