Bill Text: AZ SB1580 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: DCS; parents' rights; vaccinations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-06-14 - Assigned to House RULES Committee [SB1580 Detail]
Download: Arizona-2024-SB1580-Engrossed.html
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Senate Engrossed
DCS; parents' rights; vaccinations |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1580 |
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An Act
amending sections 8-514.05 and 8-809.01, Arizona Revised Statutes; relating to parents' rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-514.05, Arizona Revised Statutes, is amended to read:
8-514.05. Foster care provider and department access to child health information; consent to treatment
A. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child placed in out-of-home placement and has custody or control of that child's medical or behavioral health records, the plan, provider or institution must provide the following to the child's foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 6 of this chapter:
1. Medical records.
2. Behavioral health records.
3. Information relating to the child's condition and treatment.
4. The child's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.
B. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child for whom the department has legal custody or is providing foster care or substance abuse services and has custody or control of that child's medical or behavioral health records, the plan, provider or institution must provide the following to the department's employees who are involved in the child's case management:
1. Medical records.
2. Behavioral health records.
3. Information relating to the child's condition and treatment.
4. The child's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.
C. If the department has temporary custody of a child pursuant to this title or has legal custody pursuant to a court order, the department:
1. May consent to any of the following:
(a) Evaluation and treatment for emergency conditions that are not life threatening.
(b) Routine medical and dental treatment and procedures, including early periodic screening diagnosis and treatment services, and services by health care providers to relieve pain or treat symptoms of common childhood illnesses or conditions.
(c) Surgery.
(d) Blood transfusions.
(e) General anesthesia.
(f) Testing for the presence of the human immunodeficiency virus.
2. May not consent to:
(a) Abortions.
(b) Vaccinations, if the child's parent whose parental rights have not been terminated objects to the vaccination in writing to the department.
3. To the extent possible, shall consult with each biological parent of the child whose parental rights have not been terminated when making health care decisions for a child in the department's custody.
D. The foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 6 of this chapter:
1. May give consent for the following:
(a) Evaluation and treatment for emergency conditions that are not life threatening.
(b) Routine medical and dental treatment and procedures, including early periodic screening diagnosis and treatment services, and services by health care providers to relieve pain or treat symptoms of common childhood illnesses or conditions.
(c) Testing for the presence of the human immunodeficiency virus.
2. Shall may not consent to:
(a) General anesthesia.
(b) Surgery.
(c) Blood transfusions.
(d) Abortions.
(e) Vaccinations, if the child's parent whose parental rights have not been terminated objects to the vaccination in writing to the department.
Sec. 2. Section 8-809.01, Arizona Revised Statutes, is amended to read:
8-809.01. Parent, guardian or custodian; rights
A. On initial contact with a child safety worker, a parent, guardian or custodian under investigation for an allegation of abuse or neglect has the following rights:
1. To be informed of the specific complaint or allegation against that person and that any responses to the complaint or allegation may be used in a subsequent court proceeding.
2. To refuse to cooperate with the investigation or receive child safety services offered pursuant to the investigation. A child may not be temporarily removed based solely on a parent's, guardian's or custodian's refusal to cooperate with the investigation.
3. Unless otherwise ordered by the court, to deny the worker entry into the parent's, guardian's or custodian's home.
4. To respond to allegations either verbally or in writing and to have this information considered in determining if the child requires child safety services.
5. To report a violation of the rights specified in this section without fear of punishment, interference, coercion or retaliation.
6. To appeal determinations made by the department.
7. To seek the advice of an attorney and to have an attorney present when questioned by a worker.
8. Unless otherwise ordered by the court, to refuse to do any of the following:
(a) Sign a release of information document.
(b) Consent to take a drug or alcohol test.
(c) Submit to a mental health evaluation.
9. To receive information about the investigation and the department's decision-making process.
10. To be informed both verbally and in writing of these rights and any parental rights under state law and to provide written acknowledgement of receipt of these rights.
B. If a child safety worker has probable cause to believe that exigent circumstances exist that present an imminent danger to the child, the worker shall take all lawful measures to protect the child pursuant to sections 8-821 and 8-822 before providing the notice of rights pursuant to subsection A of this section.
C. Unless parental rights have been terminated, 0r exigent circumstances exist or as otherwise ordered by the court, a parent, guardian or custodian whose child is placed in the department's custody has the following rights:
1. To not have the child taken into department custody without the department providing the reasons for removal and information supporting the removal.
2. To the extent practicable, to be immediately notified verbally or in writing that the child was taken into custody.
3. To receive information on the services available to the child, parent, guardian or custodian and the dependency process and timelines.
4. To have an attorney present or an attorney appointed by the court at all court proceedings.
5. To be timely notified of the date, time and location of all hearings and to participate in all hearings.
6. Whenever possible, to participate in the development of a case plan.
7. To receive services if the child has been removed from the home, including services that facilitate reunification of the family.
8. To maintain contact with the child unless it is determined by the department or court to be harmful to the child's safety or well-being.
9. To be consulted about the child's medical care, education and grooming.
10. To make decisions about vaccination of the child.
10. 11. To request that the child be returned if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety.
D. The department shall provide information regarding a parent's, guardian's or custodian's rights pursuant to this section and assistance in understanding and enforcing these rights to each parent, guardian and custodian on initial contact with a child safety worker or when there is a change in the child's case plan. The information shall include the telephone number and email address of the department, the department's office of the ombudsman and the ombudsman-citizen aide.
E. If a parent, guardian or custodian believes that the person's rights under this section have been violated, the parent, guardian or custodian or the person's representative may:
1. File a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time.
2. Notify the juvenile court in the child's ongoing dependency or severance proceeding, either orally or in writing, that the parent's, guardian's or custodian's rights are being violated and request appropriate equitable relief. The court shall act on the notification as necessary within its discretion to promote the best interest of the child.
F. The rights provided in this section do not establish an independent cause of action.
