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HB2611 - 572R - S Ver
Senate Engrossed
House Bill
group homes; safety;
training; rights
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2611
AN
ACT
Amending sections 8-529, 8-530.06
and 8-530.08, Arizona Revised Statutes; amending title 8, chapter 4,
article 4, arizona revised statutes, by adding section 8-530.10; relating
to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. 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.
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 relative when such placement
is 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
the placement,
visitation or contact
is in the best interest of the child.
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 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
immediate and unbiased
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
, intimidation
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.
a foster
parent, a kinship caregiver, a foster home, a group foster home, a group home
or an employee, contractor or agent of a home or facility where a child who is
in the care of the department is placed may not take, threaten or cause
retaliatory action against a child because that child reports a suspected
violation of personal rights pursuant to this paragraph or participated in an
inquiry or investigation of a violation of personal rights and the child made
the report of a violation of personal rights or participated in an inquiry or
investigation of a violation of personal rights in good faith or with a
reasonable belief that the report of a violation of personal rights was true.
For the purposes of this paragraph, "retaliatory action":
(
a
) means an
action or omission that would deter a reasonable child of similar age and
circumstances from making a report of a violation of personal rights pursuant
to this paragraph and that materially adversely affects any of the following
for a child:
(
i
) Placement.
(
ii
) Services.
(
iii
) Education.
(
iv
) Medical or
behavioral health care.
(
v
) Privileges.
(
vi
) visitation
or contact.
(
vii
) Any other
conditions of placement.
(
b
) Includes:
(
i
) Initiating,
requesting, recommending or causing a disruption in placement, transfer or
change in level of care or supervision, including a referral to a higher level
of care, without documented, nonretaliatory justification.
(
ii
) Denying,
restricting, delaying or conditioning privileges, normal activities, visitation
or contact, recreation, participation in education, services or opportunities
to which the child is otherwise entitled.
(
iii
) Imposing
disciplinary or corrective action or more restrictive conditions not based on
contemporaneous documented conduct that is not related to a report of a
violation of a child's personal rights.
(
iv
) Knowingly
making, causing or encouraging another person to make a false, fraudulent or
materially misleading statement, incident report, allegation or record about
the child to relevant authorities.
(
v
) Altering,
destroying or concealing records or evidence that is related to a report of a
violation of a child's personal rights.
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 voluntarily participate in
enrichment activities.
27. To be free of bullying or
discrimination.
26.
28.
To
understand and have a copy of the rights listed in this section.
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. 2. Section 8-530.06, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-530.06.
Group foster homes; employees; random drug screening; reporting
of results; confirmation; employee termination
A. The department shall develop and implement
policies and procedures to conduct random quarterly drug screening of employees
of a group foster home. The drug screening policies and procedures
shall comply with title 23, chapter 2, article 14.
A
group foster home shall submit to the department verification of the completion
of the random quarterly drug screening that is conducted pursuant to this
subsection and the results of the screenings. The department shall
report all results to the chairpersons of the senate and house of
representatives health and human services committees, or their successor
committees. �the report must include the following:
1. Positive results.
2. Negative results.
3. The refusal of an employee to
submit to a random drug screening.
4. Any incident of tampering with a
drug screening specimen or result.
B. An employee of a group foster home may not have
contact with any child living at the group foster home before an initial drug
screening.
C. The department
may
shall
conduct
random
drug screening of any
group foster home employee if the employee is involved in an accident or
incident in which a child
that
who
lives at the group foster home is injured. A group foster home shall
submit the results of all
random
drug screening
that is required by this subsection
to the department within
forty-eight hours after receiving the drug screening results.
A group foster home shall report a positive drug screening result, an
employee's refusal to submit to a drug screening or the tampering with a drug
screening specimen or result to the department within forty-eight hours after
receiving the positive result or after the refusal or incident of tampering.
D. On receiving an employee's
positive drug screening result or nonnegative drug screening result, on an
employee's refusal to submit to a drug screening or on an incident of tampering
with a drug screening specimen or drug screening result, a group foster home
shall immediately remove that employee from all contact with any child who is a
resident at the GROUP foster home until additional confirmatory drug screening
and review of the additional confirmatory drug screening by a medical professional
occurs. �If the confirmatory testing results in a positive result for the
presence of an illegal or unauthorized substance, the group foster home shall
terminate the employee from employment with the group foster home.
END_STATUTE
Sec. 3. Section 8-530.08, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-530.08.
Congregate care; assessment; plans; definitions
A. Within thirty days after placing a child in a
congregate care setting, the department shall do the following:
1. Work with the child, if developmentally
appropriate, the child's attorney and the child's family and service team to do
both of the following:
(a) Establish a plan to place
a
the
child in an appropriate family-like
setting. The plan shall be specific to the child and, if applicable,
the child's siblings and the child's minor parent or parents. The plan shall
include steps to identify and recruit an appropriate family-like setting
for the child. In developing the plan, the department shall identify
and consider the placement preferences of the child.
(b) As part of the plan established pursuant to
subdivision (a) of this paragraph, develop a child-specific congregate care
implementation plan to ensure that the child's needs are appropriately met
while the child is placed in a congregate care setting.
2. Conduct an on-site visit of a group home within
forty-eight hours after placing a medically complex child in a group home
to ensure that all staff members who will have contact or care responsibilities
for a medically complex child have proper training.
3. Document both of the following in the child's
case plan:
(a
) The plan for
placement of
a
the
child in an
appropriate family-like setting and the child-specific congregate care
implementation plan pursuant to paragraph 1
,
subdivisions (a
) and (b
)
of this subsection.
(b) The results and findings of the group home
on-site
survey
visit
, if applicable,
pursuant to paragraph 2 of this subsection.
B. For the purpose of this section:
1. "Family and service team" includes any
of the following:
(a) Coaches.
(b) Court appointed special advocates.
(c) Department employees.
(d) Former foster caregivers.
(e) Mentors.
(f) Teachers.
(
g
) A
designated advocate.
(g
)
(
h
)
Any other individuals who
have knowledge of the child.
2. "Medically complex child" means a child
who the department has determined has or is at risk for a chronic physical or
developmental condition and who requires health-related services beyond
the health-related services that are required by a child in general.
END_STATUTE
Sec. 4. Title
8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section
8-530.10, to read:
START_STATUTE
8-530.10.
Group foster homes; resident safety; employee screening; rules;
policies; procedures
The department
shall develop and implement rules, policies and procedures in group foster
homes that do all of the following:
1. Require comprehensive background
checks that include a complete criminal history check, substance use screening
and verification of references for all GROUP foster home employees.
2. Require mandatory training in
trauma-informed care, mental health crisis management and first aid for
all group foster home employees.
3. Prohibit group foster home
employees from using personal cell phones while the employee is at the group
foster home.
4. Establish mechanisms for reporting
staff misconduct or neglect.
5. Require the group foster home to
document and verify that a child who is living in a group foster home attends
medical and mental health care appointments.
6. Establish reporting and follow-up
policies to prevent medical neglect and ensure the continuity of care for a
child who is living in a group foster home.
7. Require minimum security standards
that include all of the following:
(
a
) Secure
entry and exit points that prevent unauthorized access.
(
b
) Functional
locking mechanisms on all exterior doors and windows that are maintained in
working order at all times.
(
c
) Monitoring
of common areas, including video surveillance or staff supervision.
8. Establish trauma-informed
safety protocols that prevent grooming and EXPLOITATION of and unauthorized
exits by the residents.
9. Allow unannounced inspections and
independent audits by the department.
10. Establish technology policies
that limit or monitor telephone use by residents and that provide appropriate
security through the use of applications and technology.
11. Prohibit group foster home
employees from sharing residents' personal information or schedules.
END_STATUTE
Sec. 5.
Short title
This act may be cited as the
"Youth Safety, Rights and Mental Health Protection Act".