DCS; kinship care placement; requirement

HB2035 - 572R - S Ver

Senate Engrossed
House Bill

DCS; kinship care
placement; requirement

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2035

AN
ACT

amending sections 8-501, 8-514.03,
8-514.07, 8-529, 8-801, 8-824 and 8-842, arizona
revised statutes; 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 8-501, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-501.

Definitions

A. In this article, unless the context otherwise requires:

1. "Child developmental certified home"
means a regular foster home that is licensed pursuant to section 8-509
and that is certified by the department of economic security pursuant to
section 36-593.01.

2. "Child welfare agency" or
"agency":

(a) Means:

(i) Any agency or institution that is maintained by
a person, firm, corporation, association or organization to receive children
for care and maintenance or for
twenty-four hour
twenty-four-hour
social, emotional or educational supervised
care or who have been adjudicated as a delinquent or dependent child.

(ii) Any institution that provides care for
unmarried mothers and their children.

(iii) Any agency that is maintained by this state, a
political subdivision of this state or a person, firm, corporation, association
or organization to place children or unmarried mothers in a foster home.

(b) Does not include
state operated
state-operated
institutions or facilities, detention
facilities for children established by law, health care institutions that are
licensed by the department of health services pursuant to title 36, chapter 4
or private agencies that exclusively provide children with social enrichment or
recreational opportunities and that do not use restrictive behavior management
techniques.

3. "Division" or "department"
means the department of child safety.

4. "extended family member"
means an adult person who has a connection to a child by marriage to a
biological family member
or adopted family member of the
child.

4.

5.
"Former
dependent child" means a person who was previously adjudicated a dependent
child in a dependency proceeding that has been dismissed by order of the
juvenile court.

5.

6.
"Foster
child" means a child placed in a foster home or child welfare agency.

6.

7.
"Foster
home" means a home that is maintained by any individual or individuals
having the care or control of minor children, other than those related to each
other by blood or marriage, or related to such individuals, or who are legal
wards of such individuals.

7.

8.
"Foster
parent" means any individual or individuals maintaining a foster home.

8.

9.
"Group
foster home" means a licensed regular or special foster home that is
suitable for placement of more than five minor children but not more than ten
minor children.

9.

10.
"Out-of-home
placement" means the placing of a child in the custody of an individual or
agency other than with the child's parent or legal guardian and includes
placement in temporary custody pursuant to section 8-821, voluntary
placement pursuant to section 8-806 or placement due to dependency
actions.

10.

11.
"Parent"
means the natural or adoptive mother or father of a child.

11.

12.
"Reason
for leaving care" means one of the following:

(a) Reunification with a parent or primary
caretaker.

(b) Living with another relative.

(c) Adoption by a relative.

(d) Adoption by a foster parent.

(e) Adoption by another person.

(f) Age of majority.

(g) Guardianship by a relative.

(h) Guardianship by another person.

(i) Transfer to another agency.

(j) Runaway.

(k) Death.

12.

13.
"Receiving
foster home" means a licensed foster home that is suitable for immediate placement
of children when taken into custody or pending medical examination and court
disposition.

13.

14.
"Regular
foster home" means a licensed foster home that is suitable for placement
of not more than five minor children.

14.

15.
"Relative"
means a grandparent, great-grandparent, brother or sister of whole or
half blood, aunt, uncle or first cousin.

15.

16.
"Restrictive
behavior management" means an intervention or procedure that attempts to
guide, redirect, modify or manage behavior through the use of any of the
following:

(a) Physical force to cause a child to comply with a
directive. Physical force does not include physical escort. �For the purposes
of this subdivision, "physical escort" means temporarily touching or
holding a child's hand, wrist, arm, shoulder or back to induce the child to
walk to a safe location.

(b) A device, action or medication
to
restrict
that restricts
the movement or normal
function of a child in order to control or change the child's behavior and that
includes:

(i)
a
chemical restraint. �For
the purposes of this item, "chemical restraint" means the use of any
psychoactive medication as a restraint to control the child's behavior or to
restrict the child's freedom of movement
and
that is not a
standard treatment for the child's medical or psychiatric condition.

(ii)
a
mechanical
restraint. For the purposes of this item, "mechanical
restraint" means the use of any physical device to limit a child's
movement and to prevent the child from causing harm to self or to
others. Mechanical restraint does not include devices such as
orthopedically prescribed devices, surgical dressings or bandages, protective
helmets or any other method that involves the physical holding of a child to
conduct a routine physical examination or test or to protect the child from
falling out of bed or to
permit
allow

the child to participate in activities in order to reduce the risk of physical
harm to the child.

(iii)
a
physical
restraint. For the purposes of this item, "physical
restraint" means applying physical force to reduce or restrict a child's
ability to freely move the child's arms, legs or head. �Physical restraint does
not include temporarily holding a child to
permit
allow
the child to participate in activities of daily living
if this holding does not involve the risk of physical harm to the child.

(iv) Seclusion. �For the purposes of this item,
"seclusion" means placing a child against the child's will in a room
in which the child is unable to open the door in order to prevent the child
from doing harm to self or others.

16.

17.
"Special
foster home" means a licensed foster home that is capable of handling not
more than five minor children who require special care for physical, mental or
emotional reasons or who have been adjudicated delinquent. �Special foster home
includes any home handling foster children aged twelve through seventeen.

B. A foster home or any classification of foster
home defined in subsection A of this section includes a home having the care of
persons who are under twenty-one years of age and the cost of whose care
is provided pursuant to section 8-521.01.
END_STATUTE

Sec. 2. Section 8-514.03, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-514.03.

Kinship foster care; requirements; investigation

A. The department shall establish kinship foster
care services for a child who has been removed from the child's home and who is
in the custody of the department. The program shall
promote

presume
the placement of the child with the child's
relative,
an extended family member
or a person with a
significant relationship with the child for kinship foster care

is in the best interest of the child
.

B. A kinship foster care parent applicant who is not
a licensed foster care parent shall be at least eighteen years of
age. The applicant and each member of the applicant's household who
is at least eighteen years of age shall submit a full set of fingerprints to
the department of child safety for the purpose of obtaining a state and federal
criminal records check pursuant to section 41-1750 and Public Law 92-544. The
department of public safety may exchange this fingerprint data with the federal
bureau of investigation. The department of child safety shall
determine if the applicant is able to meet the child's health and safety needs
by conducting one or more home visits and interviewing the
applicant. The department of child safety may interview other
household members, review the applicant's personal and professional references
and conduct department of child safety central registry checks.

C. If the department determines that a kinship
foster care placement is not in the best interest of the child, the department
shall provide written notification to the applicant within fifteen business
days. The notice shall include the specific reason
for
denial
why the department determined the placement in
kinship foster care is not in the best interest of the child
, the
applicant's right to appeal and the process for reviewing the decision.

D. A kinship foster care parent may be eligible to
receive the following financial services for the child:

1. Full foster care benefits, including payment if
the kinship foster care parent becomes a licensed foster care home or if the
kinship foster care parent obtains a restricted license pursuant to section 8-509,
subsection C.

2. Temporary assistance for needy families cash
assistance payments for a child only case and supplemental financial support.

E. The department shall establish procedures for
child welfare workers to inform kinship foster care families about available
financial and nonfinancial services and eligibility requirements and shall
assist the families in completing the necessary application.

F. If a family declines to apply for financial
services, the family shall sign a statement indicating that the family declined
services. The statement does not prevent the family from
making application
applying for financial
services
in the future. The worker shall provide a copy of
the statement to the family.

G. The department shall provide nonfinancial
services for a kinship foster care parent through existing means or
referral. Nonfinancial services may include:

1. Family assessment.

2. Case management.

3. Child day care.

4. Housing search and relocation.

5. Parenting skills training.

6. Supportive intervention and guidance counseling.

7. Transportation.

8. Emergency services.

9. Parent aid services.

10. Respite services.

11. Additional services that the department
determines are necessary to meet the needs of the child and family.
END_STATUTE

Sec. 3. Section 8-514.07, Arizona Revised Statutes, is amended to read:

START_STATUTE
8-514.07.

Kinship foster care; relative identification and notification;
due diligence search

A. If a child is
taken into temporary custody, as part of the ongoing search, the department
shall use due diligence in an initial search to identify and notify adult
relatives of the child
, extended family members
and
persons with a significant relationship with the child within thirty days after
the child is taken into temporary custody.

B. The search to identify adult relatives of the
child
, extended family members
or persons with a
significant relationship with the child must include:

1. An interview with the child's parent.

2. An interview with the child.

3. Interviews with identified adult relatives
or extended family members
.

4. Interviews with other persons who are likely to
have information regarding the location of adult relatives of the child
, extended family members
or persons with a significant
relationship with the child.

5. A comprehensive search of available records that
are likely to help identify and locate a person being sought, including:

(a) Employment records.

(b) Vehicle registration records.

(c) Child support enforcement records.

(d) Utility accounts.

(e) Previous residential addresses.

(f) Law enforcement records.

(g) State department of corrections records.

6. Thorough inquiries by the court of the parties
during case hearings.

7. Any other means the department deems likely to
identify adult relatives of the child
, extended family members

or persons with a significant relationship with the child.

C. Within thirty days after the child is taken into
temporary custody and at each subsequent review and report hearing or
permanency planning hearing, the department shall file with the court
documentation regarding attempts made pursuant to this section or as otherwise
required by the court to identify and notify adult relatives of the child
, extended family members
and persons with a significant
relationship with the child. This documentation shall include a
detailed narrative explaining the department's efforts to consider each
potential placement and the specific outcome.

D. The department
shall provide
written
notice to adult relatives of the
child
, extended family members
and persons with a
significant relationship with the child who are identified through the search
requirements of this section. �The notice shall do the following:

1. Specify that the child has been or is being
removed from the child's parental custody.

2. Explain the options an adult relative of the
child
, an extended family member
or a person with a
significant relationship with the child has to participate in the care or
placement of the child.

3. Explain that financial assistance and other forms
of support are available to adult relatives of the child
,
extended family members
and persons with a significant relationship with
the child with whom the child is placed.

4. Describe the process for becoming a licensed
foster parent and the additional services and support that are available for
children placed in approved foster homes.

5. Require an adult relative of the child
, an extended family member
or a person with a significant
relationship with the child to respond within thirty days after receiving
notice that the child has been removed from the home.

E. If the child is not placed with an adult relative
of the child
, extended family member
or person with a
significant relationship with the child or the child is placed with an adult
relative
, extended family member
or person with a
significant relationship with the child who is unable or unwilling to provide
permanent placement for the child, the department shall continue to conduct an
ongoing search for adult relatives of the child
, extended family
members
or persons with a significant relationship with the
child. The department shall engage in search efforts if ordered by
the court, a change in the child's placement occurs or a party shows that the
search is in the best interest of the child.

F. The department shall file with the court
documentation of both of the following:

1. The completed due diligence search efforts. This
documentation shall include:

(a) The names of and relevant information about
adult relatives

of the child
, extended
family members
or persons with a significant relationship with the
child.

(b) The steps taken by the department to locate and
contact adult relatives of the child
, extended family members

or persons with a significant relationship with the child.

(c) The
written
responses
received from adult relatives of the child
, extended family
members
or persons with a significant relationship with the child.

(d) The dates of each attempted or completed contact
with an adult relative of the child
, an extended family member

or a person with a significant relationship with the child.

(e) The reasons why an adult relative of the child
, an extended family member
or a person with a significant
relationship with the child was not considered for temporary or permanent
placement of the child.

2. All efforts for placement of the child through an
interstate compact agreement pursuant to section 8-548. This
documentation shall include:

(a) The names of adult relatives of the child
, extended family members
or persons with a significant
relationship with the child who were considered for an interstate placement.

(b) Any pending placement of the child through an
interstate compact agreement.

(c) All potential out-of-state
placements outside of an interstate compact agreement and the reasons such
placements have not been initiated.

G. If an out-of-state placement option
exists and the department has failed to file a request with the receiving state
pursuant to the requirements of an interstate compact agreement pursuant to
section 8-548, the court shall enter a finding that the department has
not made a due diligence search and shall order the department to file a
request with the receiving state pursuant to the terms of the interstate
compact agreement.
END_STATUTE

Sec. 4. Section 8-529, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-529.

Children in foster care and kinship foster care; rights

A. A child
who is
in foster
care
and

or
kinship foster care has
the following rights:

1. To appropriate care and treatment in the least
restrictive setting available that can meet the child's needs according to the
best judgment of the foster parent
, adult relative of the child,
extended family member or person with a significant relationship with the child
.

2. To live in a safe, healthy and comfortable
placement where the child can receive reasonable protection from harm and
appropriate privacy for personal needs and where the child is treated with
respect.

3. To be placed with
a
an adult
relative
when such placement is in the
best interest
of the child
,

extended
family member or person with a significant relationship with the child

unless the placement is not in the best interest of the child
.

4. To be placed with or in close proximity to the
child's siblings when possible and to visit and have contact with siblings and
family members when
it is in the best interest of the child
the placement, visitation or contact

does not
pose a risk to the child's safety or the safety of the child's siblings
.

5. To know why the child is in foster care and what
will happen to the child and to the child's family, including siblings, and
case plans.

6. Whenever possible, to be placed with a foster
family that can accommodate the child's communication needs.

7. To be disciplined in a manner that is appropriate
to the child's level of maturity and not be subjected to physical discipline
methods.

8. To attend community, school, extracurricular and
religious services and activities of the child's choice to the extent that it
is appropriate for the child, as planned and discussed with the child's
placement worker and caseworker and based on caregiver ability if
transportation is available through a responsible party.

9. To go to school and receive an education that
fits the child's age and individual needs. If remaining in the child's current
school is not in the child's best interest, the child has the right to be
enrolled in the least restrictive school available.

10. To training in personal care, hygiene and
grooming.

11. To clothing that fits comfortably and is
adequate to protect the child against natural elements such as rain, snow,
wind, cold and sun.

12. To have personal possessions at home and to
acquire additional possessions within reasonable limits, as planned and
discussed with the child's foster parent, placement worker and caseworker, and
based on caregiver ability.

13. To personal space, preferably in the child's
foster home bedroom for storing clothing and belongings.

14. To healthy foods in healthy portions that are
appropriate for the child's age.

15. To comply with any approved visitation plan, and
to have any restrictions explained to the child in a manner and level of
details deemed age appropriate by the foster parent in agreement with the
caseworker and documented in the child's record.

16. If the child is six years of age or older, to
receive contact information for the child's caseworker, attorney or advocate
and to speak with them in private if necessary.

17. To be represented by an attorney in all
proceedings initiated pursuant to this title.

18. To participate in
age appropriate
age-appropriate
child's service planning and permanency
planning meetings and to be given a copy or summary of each service plan and
service plan review. �The child may request someone to participate on the
child's behalf or to support the child in this participation.

19. To attend the child's court hearing and speak to
the judge.

20. To have the child's records and personal
information kept private and discussed only when it is about the child's care
,
except
that
the foster parent shall
have full access to the records to determine
if
whether
the child will be successful in the home. �During the
foster placement, if the foster parent requests to view the record on
experiencing problems with the child's adjustment, the full record shall be
made available for viewing by the foster parent.

21. To receive medical, dental, vision and mental
health services and to be informed about diagnoses and treatment options as is
developmentally appropriate.

22. To be free of unnecessary or excessive
medication.

23. To receive emotional, mental health or chemical
dependency treatment separately from adults who are receiving services, as
planned and discussed with the child's placement worker and caseworker, as is
financially reasonable for the foster parent.

24. To report a violation of personal rights
specified in this section without fear of punishment, interference, coercion or
retaliation, except that an appropriate level of punishment may be applied if
the child is proven to have maliciously or wrongfully accused the foster
parent.

25. To be informed in writing of the name, address,
telephone number and purpose of the Arizona protection and advocacy system for
disability assistance.

26. To understand and have a copy of the rights
listed in this section.

27. To be updated at least every
thirty days as to the status of the department's efforts to place the child in
kinship foster care or in a care setting with the child's siblings.

B. A child
who is
in foster
care or kinship foster care
and
who is at least fourteen
years of age has the following rights:

1. To attend preparation for adult living classes
and activities as appropriate to the child's case plan, as is financially
reasonable for the foster parent.

2. To a transition plan that includes career
planning and assistance with enrolling in an educational or vocational job
training program.

3. To be informed of educational opportunities,
including information regarding assistance and funding for postsecondary and
vocational education.

4. To assistance in obtaining an independent
residency when the child is too old to remain in foster care from the child's
caseworker, attorney or advocate.

5. To request a court hearing for a court to
determine
if
whether
the child has
the capacity to consent to medical care that is directly related to an illness,
disease, deformity or other physical malady.

6. To receive help with obtaining a driver license,
social security number, birth certificate or state identification card and
credit reports with assistance in interpreting the reports and resolving
inaccuracies in the report. The foster parent shall have discretion
to determine
if
whether
the child is
responsible and mature enough to become a licensed driver.

7. To receive necessary personal information within
thirty days after leaving foster care, including the child's birth certificate,
immunization records and information contained in the child's education
portfolio and health passport.

8. To participate in or reenter extended foster care
when the child is at least eighteen and under twenty-one years of age pursuant
to section 8-521.02.

C. The department shall provide information
regarding a child's rights pursuant to this section and assistance in
understanding and enforcing these rights to each child who enters foster care
or kinship foster care or when there is a change in the child's foster care
plan. �The information shall also include the telephone number and email
address of the department, the child's assigned case manager, the department's
office of the ombudsman and the ombudsman-citizens aide. A
copy of these rights shall be posted in a conspicuous place in all foster
care
homes
and group
foster

homes.

D. If a child who is in foster care or kinship
foster care believes that the child's rights under this section have been
violated, the child or the child'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, severance or adoption proceeding, either orally or in writing, that
the child's rights are being violated and request appropriate equitable relief.
�The court shall act on the notification as necessary within
its
the court's
discretion to promote the best interest of the
child.

E. The rights provided in this section do not
establish an independent cause of action.
END_STATUTE

Sec. 5. Section 8-801, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-801.

Definitions

In this article and articles 9, 10, 11, 12, 13 and 14 of this
chapter, unless the context otherwise requires:

1. "Child safety services" means a
specialized child welfare program that is administered by the department as
provided in this chapter and that investigates allegations of and seeks to
prevent, intervene in and treat abuse and neglect, to promote the well-being
of the child in a permanent home and to coordinate services to strengthen the
family.

2. "Child safety worker" or
"worker" means a person who has been selected by and trained under
the requirements prescribed by the department and who assists in carrying out
the provisions of
this article.

3. "DCS
information":

(a) Includes all
information the department gathers during the course of an investigation
conducted under this chapter from the time a file is opened and until it is
closed.

(b) Does not include information that is contained
in child welfare agency licensing records.

4. "extended family member"
has the same meaning prescribed in section 8-501.

4.

5.
"In-home
intervention" means a program of services provided pursuant to article 14
of this chapter while the child is still in the custody of the parent, guardian
or custodian.

5.

6.
"Relative"
has the same meaning prescribed in section 8-501.
END_STATUTE

Sec. 6. Section 8-824, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-824.

Preliminary protective hearing; parents' rights; probable cause;
placement of child

A. The court shall hold a preliminary protective
hearing to review the taking into temporary custody of a child pursuant to
section 8-821 not fewer than five days nor more than seven days after the
child is taken into custody, excluding Saturdays, Sundays and
holidays. If clearly necessary to prevent abuse or neglect, to
preserve the rights of a party or for other good cause shown, the court may
grant one continuance that does not exceed five days.

B. The following persons shall be present at the
preliminary protective hearing:

1. The child's parents or guardian, unless they
cannot be located or they fail to appear in response to the notice.

2. Counsel for the parents if one has been requested
or retained.

3. The child's guardian ad litem or attorney.

4. The child safety worker and additional
representatives of the department if requested by the department.

5. Counsel for the child safety worker.

C. If the court finds that it is in the best
interests of the child, the court may allow the following to be present at the
preliminary protective hearing:

1. The child.

2. Any relative or other interested person with whom
the child is or might be placed as described in section 8-845, subsection
A.

3. Witnesses called by the parties.

4. An advocate or interested person as requested by
the parent or guardian.

5. Other persons who have knowledge of or an
interest in the welfare of the child.

D. At the hearing,
the court shall advise the parent or guardian of the following rights:

1. The right to
counsel, including appointed counsel if the parent or guardian is indigent.

2. The right to cross-examine all witnesses
who are called to testify against the parent or guardian.

3. The right to trial by court on the allegations in
the petition.

4. The right to use the process of the court to
compel the attendance of witnesses.

E. At the hearing, the court:

1. Shall receive a report of any agreement reached
pursuant to section 8-823, subsection D. The report may be
made orally.

2. Shall provide an opportunity for the child's
parent or guardian, if present, and any other person who has relevant
knowledge, to provide relevant testimony.

3. May limit testimony and evidence that is beyond
the scope of the removal of the child, the child's need for continued
protection, placement, visitation and services to be provided to the child and
family.

4. May take into consideration as a mitigating
factor the participation of the parent or guardian in the healthy families
program established by section 8-481.

5. Shall take into consideration as a mitigating
factor the availability of reasonable services to the parent or guardian to
prevent or eliminate the need for removal of the child and the effort of the
parent or guardian to obtain and participate in these services.

6. Shall inform the child's parent or guardian that
the hearing may result in further proceedings to terminate parental rights.

7. Shall order the parent or guardian to provide the
court with the names, the type of relationship and all available information
necessary to locate persons who are related to the child or who have a
significant relationship with the child. If there is not sufficient
information available to locate a relative or person with a significant
relationship with the child, the parent or guardian shall inform the court of
this fact. �The court shall further order the parent or guardian to inform the
department immediately if the parent or guardian becomes aware of information
related to the existence or location of a relative or person with a significant
relationship
to
with
the child.

8. Shall inform the parent that substantially
neglecting or wilfully refusing to remedy the circumstances that cause the
child to be in an out-of-home placement, including refusing to
participate in reunification services, is grounds for termination of parental
rights to a child.

9. Shall give paramount consideration to the health
and safety of the child.

10. Shall determine whether the department is
attempting to identify and assess placement of the child with a
grandparent

relative of the child
or
another member of
the child's
an
extended family

member,
including a person who has a significant relationship with the
child.

11. Shall inform a foster parent, a preadoptive
parent
, a relative of the child
or
a member
of the child's
an
extended family

member
with whom the department has placed the child of the right to be
heard in any proceeding to be held with respect to the child.

12. shall presume placement of the
child with an adult relative of the child, an extended family member or a
person who has a significant relationship with the child is in the best
interest of the child.

13. shall make written findings of
fact and conclusions of law on the record.

F. The petitioner has the burden of presenting
evidence as to whether there is probable cause to believe that continued
temporary custody is clearly necessary to prevent abuse or neglect pending the
hearing on the dependency petition.

G. The department must make reasonable efforts to
place a child with siblings and, if that is not possible, to maintain frequent
visitation or other ongoing contact between all siblings.

H. If the child is in the temporary custody of the
department, the department shall submit
,
not later than the
day before the hearing
,
a written report to the court and
the parties that states:

1. The reasons the child was removed from the
parent's or guardian's custody.

2. Any services that have been provided to the child
or the child's parent or guardian to prevent removal.

3. The need, if any, for continued temporary
custody.

4. The types of service needed to facilitate the
return of the child to the custody of the child's parents or guardian.

5. If the child is not placed with a
grandparent

relative of the child, an extended family member or another
interested party
, whether the child has any relatives,
extended
family members
or other interested parties as described in section 8-845,
subsection A who may be able and willing to take temporary custody.

6. Any services that are requested by the parent or
guardian but that are not provided and the reasons the services were not
provided.

7. What efforts the department has made to place
siblings together, and if they are not placed together, the specific reasons
why this did not occur.

8. If the placement of siblings together was not
possible for all or any of the siblings, efforts the department has made to
facilitate communications among siblings and a proposal for frequent visitation
or contact pursuant to subsection G of this section. �If frequent visitation or
contact with siblings is not recommended, the department shall state the
reasons why this would be contrary to the child's or a sibling's safety or well-being.

9. A proposal for visitation with the child's
parents or guardian and the results of any visitation that has occurred since
the child was removed. The requirements of this paragraph do not
apply to a specific parent or guardian if there is a court order relating to a
criminal case that prohibits that parent or guardian from contact with the
child. �Before the department allows visitation it must first determine that
there are no court orders relating to any superior court criminal case that
prohibit the parent or guardian from contact with the child.

10. A proposed case plan for services to the family.

11. The department's efforts to identify, notify and
assess adult relatives of the child
, extended family members

and persons with a significant relationship with the child pursuant to section
8-514.07.

I. The parent or guardian shall state whether the
parent or guardian admits or denies the allegations in the petition filed
pursuant to section 8-841. If the parent or guardian admits or
does not contest the allegations in the petition, the court shall determine
that the parent or guardian understands the rights described in subsection D of
this section and that the parent or guardian knowingly, intelligently and
voluntarily waives these rights.

J. At the hearing, if the child is not returned to
the parent or guardian, the court shall:

1. Enter orders regarding the placement of the child
pending the determination of the dependency petition and visitation, if any.

2. If a relative is identified as a possible
placement for the child, notify the relative of the right to be heard in any
proceeding to be held with respect to the child.

3. Determine
whether
the tasks
and services set forth in the case plan are reasonable and necessary to carry
out the case plan.
END_STATUTE

Sec. 7. Section 8-842, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-842.

Initial dependency hearing; deadlines

A. Except as provided in section 8-826, the
court shall set the initial dependency hearing within twenty-one days
after the petition is filed. If service by publication is required,
the court may set an initial dependency hearing within a time period to allow
for publication pursuant to the rules of procedure for the juvenile court.

B. At the initial dependency hearing, the court
shall:

1. Determine
if

whether
the parent or guardian is providing the court and the department
with the names, the type of relationship and all available information
necessary to locate persons who are related to the child or who have a
significant relationship with the child.

2. Determine
that
whether
the department is conducting
a due diligence search pursuant to section 8-514.07 and attempting to
identify and assess placement of the child with
a grandparent or
another member of the child's

an adult relative of the
child, an
extended family

including

member or
a person who has a significant relationship
with the child
. �the court shall order that the child be placed
with an adult relative of the child, an extended family member or a person who
has a significant relationship with the child if such a placement is available
and in the best interest of the child
.

3. If the child has siblings, determine
that
whether
the department is attempting
to identify and assess placement of the child with the child's siblings if this
is possible and is in the child's best interests.

4. make written findings of fact and
conclusions of law on the record.

c. Within forty-eight hours
after the initial dependency hearing, the court shall order that the child be
placed with an adult relative of the child, an extended family member or a
person who has a significant relationship with the child if such a placement is
available and in the best interest of the child.

C.

d.
Unless
the court has ordered in-home intervention, the dependency adjudication
hearing shall be completed within ninety days after service of the dependency
petition.
END_STATUTE