Official Summary Text
SB1149 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
s.b. 1149
DCS;
periodic review hearings
Purpose
Requires the
Department of Child Safety (DCS) to submit advance written reports for periodic
review hearings and modifies requirements relating to the court�s duties,
findings and evidentiary procedures in dependency cases.
Background
After receiving
and considering the evidence on the disposition of a case, the court may place
a dependent child in the care of the child's parents, subject to the
supervision of DCS. If placement with the child's parents is contrary to the
child's welfare, the court may place the child with outlined persons or
entities, in accordance with the child's best interests. In reviewing the
status of the child and in determining the order of disposition, the court must
consider: 1) the health and safety of the child as a paramount concern; 2) the
goals of the placement and appropriateness of the case plan; 3) the services
that have been offered to reunite the family; 4) if returning the child home is
not likely, the efforts that have been or should be made to evaluate or plan
for other permanent placement plans; and 5) the efforts that have been made or
should be made to place the child with the child's siblings or to provide
frequent visitation or contact when placement with siblings has not been
possible (
A.R.S.
� 8-845
).
After the
disposition hearing, the court must hold periodic review hearings at least once
every six months as required by federal law to determine whether DCS has
identified and assessed placement of the child and whether the parent or
guardian has complied with the court order to provide information about persons
who are related to or have a significant relationship with the child. At the
proceeding to review the disposition orders of the court, the court must
provide notice of the review hearing and the right to participate in the
hearing to outlined entities who are or may be charged with the child's care
and custody (A.R.S. ��
8-824
and
8-847
).
There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Requires
DCS to provide a report to the court and all parties at least 15 days before
any periodic review hearing that provides the following information:
a)
the placement of the child;
b)
the services being provided to the child and the child's family,
including the child's educational needs;
c)
the progress made in achieving the child's case plan goals; and
d)
whether
the child continues to be dependent.
2.
Adds, to the list of persons to whom the court must provide notice of a periodic
review hearing, the child's tribe, if the child is a member of an Indian tribe.
3.
Requires
the court, at the conclusion of a periodic review hearing, to either:
a)
dismiss the petition and return the child to the child's parents if the
court finds that the child is no longer dependent; or
b)
make
a finding that the child continues to be dependent.
4.
Requires
the court, if the court finds that the child continues to be dependent, to:
a)
enter orders concerning the placement, custody and educational needs of
the child;
b)
enter orders concerning the services to be provided to the child's family;
c)
if the child is not placed with a parent, determine whether DCS has
identified and assessed whether placement of the child with a relative or
person with a significant relationship with the child is possible;
d)
determine whether the parent has complied with an order requiring the
parent to provide information regarding persons who are related to or have a
significant relationship with the child;
e)
set the next periodic review hearing;
f)
set a permanency hearing for up to 12 months after the date the child
was removed from the child's home; and
g)
advise
the child's parent on the record that the parent's failure to attend further
proceedings without good cause, or the parent's failure to participate in
reunification services, may result in the termination of parental rights or the
establishment of a permanent guardianship of the child.
5.
Requires the court to make specific findings that the court advised the
parent of the consequences of the parent's failure to attend and participate in
subsequent hearings.
6.
Specifies that all findings made by the court must be made in a written
and signed minute entry or order.
7.
Requires any party seeking an evidentiary hearing on any contested issue
to file a motion requesting that the matter be set for an evidentiary hearing.
8.
Specifies
that the motion must identify:
a)
contested issues to be considered at the evidentiary hearing;
b)
the names and addresses of all witnesses; and
c)
the
estimated time the parties will need to present evidence.
9.
Allows
the court, on receiving the motion, to:
a)
reset the periodic review hearing to provide sufficient time for an
evidentiary hearing; or
b)
proceed
with the scheduled periodic review hearing.
10.
Allows
the court, at an evidentiary hearing, to consider any safety plan as well as
any other safety issues that might prevent the child's return to a parent or
that may affect the child's placement.
11.
Requires
the court to address any recommendations of the Foster Care Review Board on the
record.
12.
Requires
any evidence the parties wish the court to consider at the evidentiary hearing
to be marked and admitted before the conclusion of the hearing.
13.
Allows the court, absent any
party's objection, to consider the following evidence at the evidentiary
hearing:
a)
the oral or written reports of the parties;
b)
any documents that are entered into evidence at any prior proceedings;
and
c)
any
documents that are agreed on by the parties.
14.
Makes
technical changes.
15.
Becomes
effective on the general effective date.
Amendments Adopted by
Committee:
�
Makes technical changes.
Senate Action
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Prepared by Senate Research
February 5, 2026
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Current Bill Text
Read the full stored bill text
SB1149 - 572R - S Ver
Senate Engrossed
DCS; periodic review
hearings
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1149
AN
ACT
amending section 8-847, arizona
revised statutes; relating to dependent children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section
1.
1. Section
8-847, Arizona Revised Statutes, is amended to read:
START_STATUTE
8-847.
Periodic review hearings; contested issues; evidentiary hearings;
procedures
A. After the disposition hearing, the court shall
hold periodic review hearings at least once every six months as required by
federal law.
B. At a proceeding to review the disposition orders
of the court, the court shall provide the following persons notice of the
review and the right to participate in the proceeding:
1. The authorized agency charged with the child's
care and custody.
2. Any foster parents in whose home the child
resided within the last six months or resides at present, except for those
foster parents who maintain a receiving foster home where the child has resided
for ten days or less.� The petitioner shall provide the court with the names
and addresses of all foster parents who are entitled to notice pursuant to
statute.
3. A shelter care facility or receiving foster home
where the child resides or has resided within the last six months for more than
ten days.� The petitioner shall provide the court with the names and addresses
of all shelter care facilities and receiving foster homes that are entitled to
notice pursuant to this paragraph.
4. The child's parent or guardian unless the
parental rights of that parent or guardian have been terminated by court action
or unless the parent has relinquished rights to the child to an agency or has
consented to the adoption of the child as provided in section 8-107.
5. The child, if twelve years of age or older.
6. The child's relative, as defined in section 8-501,
if that relative files a written notice of right of participation with the
court.
7. A person permitted by the court to intervene as a
party in the dependency proceeding.
8. A physical custodian of the child within the
preceding six months.
9. Any person who has filed a petition to adopt or
who has physical custody pursuant to a court order in a foster-adoptive
placement.
10. Any other person as the court may direct.
11. If the child is a member of an
indian tribe, the child's tribe.
C. At the first periodic review hearing, the court
shall consider whether a parent of a child who is under three years of age has
substantially neglected or wilfully refused to participate in reunification
services offered by the department.
D. At any periodic review hearing, the court shall
consider the health and safety of the child as a paramount concern.
E. At any periodic
review hearing the court shall determine:
1. Whether the
department has identified and assessed placement of the child with a relative
or person who has a significant relationship with the child.
2. Whether the parent or guardian has complied with
the court order pursuant to section 8-824, subsection
D
E
, paragraph
6
7
or
provided the information prescribed in
section
8-842
,
subsection B, paragraph 1.
F. If the court finds that a child is no longer
dependent, before it dismisses the proceeding the court shall provide notice of
the sibling information exchange program established pursuant to section 8-543
to the following:
1. An adult who is the former dependent child in the
proceeding for whom the periodic review hearing is held.
2. A parent or guardian with legal custody of the
former dependent child for whom the periodic review hearing is held.
G. The department shall provide a
report to the court and all of the parties at least fifteen days before any
periodic review hearing that provides all of the following information:
1. The placement of the child.
2. The services being provided to the
CHILD and the child's family, including the child's educational needs.
3. The progress made in achieving the
child's case plan goals.
4. Whether the CHILD continues to be
dependent.
H. At the conclusion of a periodic
review hearing, the court shall either Dismiss the petition and return the
CHILD to the child's parent if the court
Finds the child
is no longer dependent or make a finding that the child continues to be
dependent. If the court finds that the CHILD continues to be
dependent, the court shall do all of the following:
1. Enter orders concerning:
(
a
) The
placement, custody and educational needs of the child.
(
b
) The
services to be provided to the family and the child.
2. If the child is not placed with a
parent, determine whether the department has identified and assessed whether
placement of the child with a relative or person who has a SIGNIFICANT
relationship with the child is POSSIBLE.
3. Determine whether the parent has
complied with an order issued pursuant to section 8-824, subsection E,
paragraph 7.
4. Set the next periodic review
hearing.
5. Set a permanency hearing not later
than twelve months after the date the child was removed from the child's home.
6. Advise the child's parent on the
record that the parent's failure to attend further proceedings without good
cause or the parent's failure to participate in reunification services may
result in the termination of the parent's parental rights or the establishment
of a permanent guardianship of the child. The court shall make
specific findings that the court advised the parent of the consequences of the
parent's failure to attend and participate in subsequent hearings.�
I. All findings made by the court
shall be made in a written and signed minute entry or order.�
J. Any party seeking an evidentiary
hearing on any contested issue shall file a motion requesting that the matter
be set for an evidentiary hearing.� The motion shall identify contested issues
to be considered at the evidentiary hearing, the names and addresses of all
witnesses and the estimated time the parties will need to present evidence.� On
receiving the motion, the court may reset the periodic review hearing to
provide sufficient time for an evidentiary hearing or the court may proceed
with the scheduled periodic review hearing.�
K. At an evidentiary hearing set
pursuant to subsection J of this section, the court shall consider any safety
plan as well as any other safety issues that might prevent the child's return
to a parent or that may affect the child's placement. The court
shall address any recommendations of the foster care review board on the record
pursuant to section 8-515.03.� Any evidence the parties wish the court to
consider at the evidentiary hearing shall be marked by the court and admitted
before the conclusion of the hearing.� absent any party's objection, the court
may consider the following evidence at the evidentiary hearing:
1. the oral or written reports of the
parties.
2. any documents that are entered
into evidence at any prior proceedings.
3. any documents that are agreed on
by the parties.
END_STATUTE