Bill Text: AZ SB1423 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced
Bill Title: DCS; team decision meeting; prohibition
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-02-02 - Senate read second time [SB1423 Detail]
Download: Arizona-2023-SB1423-Introduced.html
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REFERENCE TITLE: DCS; team decision meeting; prohibition |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1423 |
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Introduced by Senator Wadsack: Representative Jones
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An Act
amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8-530.04; relating to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-530.04, to read:
8-530.04. Abuse or neglect allegation; child removal; team decision meeting; prohibition; peer review team; oversight hearing; rules; definition
a. Notwithstanding any other law, on receiving an allegation of abuse or neglect or on removal of a child from the home, the department may not conduct a team decision meeting.
b. The department shall establish a peer review team to review all allegations of abuse or neglect or removals of a child from the home. The Peer review team shall consist of the following members:
1. Three parents who have been the subject of previous allegations of abuse or neglect or who have had a child removed from the home pursuant to this title.
2. One physician who has experience in matters that relate to child abuse.
3. One lawyer who has experience in juvenile matters.
C. Department employees or former employees may not serve on the peer review team.
D. The peer review team shall conduct a hearing to review all allegations of abuse or neglect or removals of a child from the home within fourteen days after the allegation or removal to DETERMINE if the allegation of abuse or neglect or the removal of the child from the home is substantiated If the peer review team determines the allegation of abuse or neglect or the removal of the child from the home is unsubstantiated, the peer review team shall close the investigation and dismiss the claim.
e. The peer review team shall conduct hearings at least twice a month.
F. Members of the peer review team are entitled to receive compensation pursuant to section 38-611.
G. The department may adopt rules to carry out this section.
h. for the purposes of this section, "team decision meeting" means a meeting that is conducted between department employees and a child's parents and that is designed to engage parents in the safety, stability and permanency of a child during the investigation and removal process.
Sec. 2. Legislative findings
The legislature finds that:
1. The team decision meeting is an unconstitutional, nonjudicial procedure that has been acting in a judicial capacity without the right to a judge or a jury of peers.
2. The team decision meeting is an unlawful and unjust meeting.
