Read the full stored bill text
SB1496 - 572R - H Ver
House Engrossed
Senate Bill
DCS; policies;
procedures
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1496
AN
ACT
amending sections 8-221, 8-468,
8-514.07, 8-529 and 8-810, arizona revised statutes; amending
section 8-811, arizona revised statutes, as amended by laws 2024, chapter
47, section 5; repealing section 8-811, arizona revised statutes, as
amended by laws 2024, chapter 127, section 5; relating to the department of
child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 8-221, Arizona Revised Statutes,
is amended to read:
START_STATUTE
8-221.
Counsel right of juvenile, parent or guardian; appointment;
guardian ad litem
A. The court shall appoint an
attorney
for a child in all delinquency proceedings that commence with a petition or
that may involve detention
, dependency proceedings or termination
of parental rights proceedings that are conducted pursuant to this title
. The
court shall appoint the
child's
attorney before the first
hearing. The
child's
attorney shall represent
the child at all stages of the proceedings
and, in a dependency
proceeding, through dismissal
.
B. The court shall appoint an
attorney for a child in all proceedings involving dependency or termination of
parental rights before the first hearing. The appointed attorney
shall determine whether the child has diminished capacity that would impact the
child's ability to express the child's own opinion or to make decisions for the
child. In making this determination, the appointed attorney shall consult with
the child, other individuals who know the child or who have a significant
relationship with the child and the child's family or an authorized
representative of the child's family.
C. If an attorney who is appointed
pursuant to subsection B of this section determines that a normal
attorney-client relationship is not reasonably possible to maintain and that
the child is not able to direct the legal representation due to diminished
capacity or the child's inability to express the child's own opinion, the
appointed attorney shall use substituted judgment to determine what the child
would decide if the child was capable of making an adequately considered
decision when considering what is in the best interest of the child. The appointed
attorney shall do all of the following:
1. make a good faith effort to
determine the child's needs and wishes.
2. consult with the child, other
individuals who know the child or who have a significant relationship with the
child and the child's family or an authorized representative of the child's
family.
3. represent the child in accordance
with the determination of the child's needs and wishes.
D. If in the course of representing
the child an attorney who is appointed pursuant to subsection B of this section
reasonably believes that a child is at risk of substantial physical, financial
or other harm and that the child does not have the capacity to adequately act
in the child's own interest, the appointed attorney shall do either of the
following:
1. inform the court of the
substantial risk of harm, taking into account the wishes and values of the
child and the child's best interests and respecting the child's family and
social connections.
2. request that the court appoint a
guardian ad litem for the child.
B.
E.
If
a parent or guardian is found to be indigent and entitled to counsel, the
juvenile court shall appoint an attorney to represent the person or persons
unless the person knowingly, intelligently and voluntarily waives counsel.
C.
F.
Before
any court appearance that may result in institutionalization or mental health
hospitalization of a juvenile, the court shall appoint counsel for the juvenile
if counsel has not been previously appointed or retained by or for the juvenile.
D.
G.
The
county board of supervisors may fix a reasonable sum to be paid by the county
for the services of an appointed attorney.
E.
H.
In
a county where there is a public defender, the public defender may act as
attorney in either:
1. A delinquency or incorrigibility proceeding when
requested by the juvenile court.
2. Any other juvenile proceeding that is conducted
pursuant to this title if the board of supervisors authorizes the appointment
of the public defender.
F.
I.
In
all juvenile court proceedings in which the dependency petition includes an
allegation that the juvenile is abused or neglected, the court may appoint a
guardian ad litem to protect the juvenile's best interests. This
guardian ad litem shall be an attorney. The guardian ad litem is not
the child's attorney.
G.
J.
Any
guardian ad litem or attorney appointed for a juvenile shall meet with the
juvenile before the preliminary protective hearing, if possible, or within
fourteen days after the preliminary protective hearing. The guardian
ad litem or
the child's
attorney
appointed
for the juvenile
also shall meet with the juvenile before all
substantive hearings. On a showing of extraordinary circumstances,
the judge may modify this requirement for any substantive hearing.
END_STATUTE
Sec. 2. Section 8-468, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-468.
Federal benefits; dependent children; application; prohibition;
accounting; notice; annual review
A. For all children in the care of the department of
child safety, the department
of child safety
shall
determine whether each child is receiving or eligible for benefits administered
by the social security administration or the veterans administration within
sixty days after the child enters the department's care. If the department
of child safety
determines that a child is eligible or may be
eligible for federal benefits, the department
of child safety
shall apply for the benefits on behalf of the child.
B. If a child is already receiving benefits before
entering the department's care or if the department applies for benefits on
behalf of the child, the department shall
identify, in
consultation with the child and the child's attorney, a representative payee in
accordance with 20 Code of Federal Regulations sections 404.2021 and 416.621
and shall apply to become the representative payee only if no other suitable
candidate is available
apply to serve as the
representative payee until someone other than the department is appointed to
serve as the representative payee
. If the department
of child safety
is appointed to serve as the representative
payee, the department:
1. May not use the child's federal benefits, other
benefits, savings or assets to pay for or to reimburse the department
of child safety
or this state for any of the costs of the
child's care.
2. May use the child's federal benefits for the
child's unmet needs beyond what the department
of child safety
is obligated,
is
required or agrees to pay.
3. Shall establish an appropriate account to use and
conserve the child's benefits in the child's best interest for current unmet
needs and future needs in a manner consistent with federal and state asset and
resource limits. The account may include any of the following:
(a) A special needs trust.
(b) A pooled special needs trust.
(c) An achieving a better life experience account
established pursuant to section 529a of the internal revenue code.
(d) Any other trust account determined not to
interfere with social security or asset limitations for any other benefit
program.
4. In addition to the requirements
of
prescribed in
section 14-9115, shall provide an annual
accounting as to the use, application or conservation of the child's federal
benefits to the child, the child's attorney and the child's parents or
guardians.
5. Shall periodically review if
someone other than the department is available to apply to assume the role of
representative payee and could better serve in that role in the child's best
interests.
5. Following the initial application
to serve as the representative payee, shall remain the representative payee
only if no other appropriate person is available to serve as the representative
payee. Within thirty days after the application to serve as the
representative payee is approved by the social security administration and at
each subsequent report and review hearing or permanency planning hearing, the
department shall file with the court documentation of the department's efforts
to identify an appropriate person who is outside of the department and who
could better serve as the representative payee.
6. Not later than an annual screening
or on the request of the child or the child's attorney, shall consult with the
parties to the case to determine if an appropriate person who is outside of the
department, and on approval by the social security administration, could better
serve as the representative payee. the department shall also consult with the
parties whenever a change in circumstances occurs that might make an
appropriate person who is outside of the department available to serve as the
representative payee.
C. The department
of child safety
shall notify the child, the child's parents, unless parental rights have been
terminated, the child's guardian, the child's current placement and the child's
attorney of any application, decision or appeal related to a child's federal
benefits. In providing notice of any denial of benefits, the
department shall consult with the child's attorney and appeal the denial if it
is in the child's best interests.
D. The department shall annually review cases of
children in the department's care to determine whether a child may have become
eligible for benefits after the department's initial assessment.
E. Notwithstanding any other law, on termination of
the department's responsibility for the child, the department shall release any
monies remaining to the child's credit pursuant to the requirements of the
funding source or, in the absence of any requirements, shall release the
remaining monies to:
1. The child, if the child is at least eighteen
years of age or is emancipated.
2. The person who is responsible for the child if
the child is a minor and
is
not emancipated.
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 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 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.
4. Interviews with other persons who are likely to
have information regarding the location of adult relatives of the child 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 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
an initial report
regarding
attempts made pursuant to this section or as otherwise required by the court to
identify and notify adult relatives of the child and persons with a significant
relationship with the child. This
documentation
initial report
shall include a detailed narrative explaining
the department's efforts to consider each potential placement and the specific
outcome.
The department shall update the initial
report that is filed pursuant to this subsection at each subsequent report and
review hearing or permanency planning hearing with any new information that has
been obtained since the filing of the last report.
D. The department shall provide notice to adult
relatives of the child 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 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 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 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 or person with a significant relationship with the child or the
child is placed with an adult relative 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 or persons with a significant
relationship with the child.
The department shall
engage in search efforts
F.
If
, after
the permanency hearing held pursuant to section 8-862,
the department and the court determine that a child is placed with a
prospective permanent placement, the department may stop search efforts Unless
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.
G.
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 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 or persons with a significant relationship
with the child.
(c) The responses received from adult relatives of
the child 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 or a person with a significant relationship
with the child.
(e) The reasons why an adult relative of the child
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 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.
H.
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 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. 5. Section 8-810, Arizona Revised Statutes, is amended to read:
START_STATUTE
8-810.
Missing; abducted; runaway children; notification; training;
audit
A. Immediately or within twenty-four hours
after receiving a report made pursuant to section 13-3620 or receiving
information during the course of providing services that indicates a child who
is a ward of the court or who is in the care of the department is missing,
abducted or a runaway and the child's location is unknown, the department shall
notify the appropriate law enforcement agency to make the record entry as
follows:
1. For an abducted child, the Arizona criminal
justice information system.
2. For an abducted, missing or runaway child, the
national crime information center missing person database.
B. Immediately or within twenty-four hours
after receiving a report of a missing, abducted or runaway child, the
department shall do the following:
1. Report information on the missing, abducted or
runaway child to the national center for missing and exploited children.
2. Unless it is determined by the primary
investigative agency that it will hinder investigation or location efforts
:
,
(
a
)
Contact
the following persons to obtain information about the child's disappearance:
(a)
(
i
)
The child's parents.
(b)
(
ii
)
The child's known relatives.
(c)
(
iii
)
The child's out-of-home caregivers.
(d)
(
iv
)
The child's attorney.
(e)
(
v
)
The child's guardian or guardian ad litem.
(f)
(
vi
)
The child's court appointed special advocate.
(g)
(
vii
)
The child's school, friends or household members
or other persons who may have relevant information about the circumstances
surrounding the child's abduction or disappearance.
(h)
(
viii
)
Any other persons known to the department who may
have relevant information regarding the child's location.
3. Unless it is determined by the
primary investigative agency that it will hinder investigation or location
efforts,
(
b
)
Provide
a notice of disappearance in writing
and
or
telephonically to the following persons:
(a)
(
i
)
The child's parents.
(b)
(
ii
)
The child's known relatives.
(c)
(
iii
)
The child's out-of-home caregivers.
(d)
(
iv
)
The child's attorney.
(e)
(
v
)
The child's
guardian or guardian ad litem.
(f)
(
vi
)
The child's
court appointed special advocate.
(g)
(
vii
)
A judicial
officer in any judicial matter involving the child.
(h)
(
viii
)
The duty assistant attorney general to initiate a
motion for a pickup.
(i)
(
ix
)
If the child is a member of an Indian tribe in
this state, the child's Indian tribe.
C. Immediately or within twenty-four hours
after receiving a report
pursuant to this section
, the
department shall request the appropriate law enforcement agency to determine if
the situation meets amber alert criteria or
silver
seek and find
alert criteria pursuant to section 41-1728. The
appropriate law enforcement agency shall document its response regarding amber
alert or
silver
seek and find
alert
criteria.
D. Within forty-eight hours after receiving a
report of a missing, abducted or runaway child, the department shall provide
the local law enforcement agency with, and the local law enforcement agency
shall provide to all local media outlets and post to social media platforms,
all of the following information regarding the child and, if known, the child's
abductor:
1. A complete physical description of the child and,
if known, the child's abductor.
2. The last known location of the child or, if
known, the child's abductor.
3. A description of the clothing the child or, if
known, the child's abductor was last known to be wearing.
4. A description of any vehicle that may be involved
with the child's disappearance.
5. Current photos of the child and, if available,
the child's abductor.
6. A law enforcement telephone number.
7. Information regarding any offered rewards.
E. The appropriate law enforcement agency shall
update social media platforms with updated information regarding the missing,
abducted or runaway child.
F. For a child who has been missing or abducted or
who has been a runaway for two or more years, the appropriate law enforcement
agency shall work, when possible, to create an age-appropriate
progression image of the child.
G. The department shall do all of the following on
an ongoing basis until a missing, abducted or runaway child is located or the
child reaches the age of majority:
1. Document in writing every effort the department
has made to locate the missing, abducted or runaway child within ten days after
the effort to locate the child is taken. The written document shall
specify the notifications and documentation sent to individuals and departments
pursuant to the requirements of this section.
2. Contact law enforcement every seven calendar days
and document the information provided and received.
3. For a child who has been missing or abducted or
who has been a runaway for two or more years, work with the national center for
missing and exploited children to create an age-progression image of the
child.
H. The department shall immediately develop, refine,
implement and provide initial training to newly hired employees. A
newly hired employee must receive this initial training before any children are
assigned to the newly hired employee's caseload. The department
shall conduct annual training for department employees who have direct
oversight of children and the direct supervisors of those
employees. The training shall include department policies for
locating missing, abducted or runaway children and the requirements for ongoing
efforts to locate a missing, abducted or runaway child, unless it is determined
by the primary investigative agency that it will hinder investigation or
location efforts. Monthly ongoing department efforts shall include
all of the following:
1. Continued contact with law enforcement agencies.
2. Continued contact with the child's parents,
guardian or custodian.
3. Continued contact with the child's known
relatives.
4. Continued contact with current and former foster
families of the child.
5. Continued contact with the child's school.
6. Continued contact with known acquaintances of the
child.
7. Continued in-person searching of locations
and places where the child may be found.
8. Continued review of any social media accounts
that may be associated with the child or the child's known acquaintances.
9. Continued efforts with law enforcement agencies
in searching for the child.
10. Continued search efforts with department field
staff who have access to databases that may help in the search for information
or leads regarding the missing, abducted or runaway child.
11. Referral to the department's office of child
welfare investigations for assistance if exigent circumstances exist.
12. Requesting that the appropriate law enforcement
agency conduct welfare checks at any location where the child may be.
I. Within twenty-four hours after a missing,
abducted or runaway child is located, the department shall do all of the
following:
1. Inform all of the following:
(a) All law enforcement agencies involved in the
child's case.
(b) The attorney general's office.
(c) The national center for missing and exploited
children.
(d) Any individuals who have received notice
pursuant to subsection B, paragraph 3 of this section.
2. Have in-person
contact with the child.
3. Obtain a medical
exam for the child.
4. Assess the child's
experiences while absent from care, including screening to determine if the
child is a sex trafficking victim, and report to the appropriate law
enforcement agency if it is determined that the child is a sex trafficking victim.
5. Assess the appropriateness of the child returning
to the child's current placement.
6. Assess factors that contributed to the child's
absence.
7. Determine the need for additional behavioral
health services and support.
8. Review the case to assess the primary factors
that contributed to the child being missing or abducted or a runaway and to the
extent possible and appropriate respond to those factors in current and
subsequent case decisions.
J. Within sixty days after September 14, 2024, the
department shall develop a checklist for department specialists. The
checklist shall be distributed to each caseworker to
assist
department specialists in fulfilling the department's duties prescribed by this
section. The checklist shall have a mechanism to mark department
duties as completed within the timelines specified by this section.
K. Beginning ninety days after September 14, 2024,
the department shall provide a monthly report to the governor, the president of
the senate and the speaker of the house of representatives. The
report shall include all of the following:
1. The names of all current missing, abducted or
runaway children. The names of missing, abducted or runaway children shall be
kept confidential and may not be distributed outside of the monthly report.
2. An acknowledgement that the department made the
notifications prescribed by this section within the prescribed time
frames. If the department failed to make the notifications
with
within
the prescribed time frames,
the department shall include a detailed explanation of the reason why the
notifications were not made within the prescribed time frames.
3. The department's compliance with ongoing search
efforts made to locate missing, abducted or runaway children.
4. The department's compliance with subsection I of
this section.
5. On the return of a runaway child to the
department's care, the reason why the child ran away.
L. Within one hundred fifty days after September 14,
2024 and on a monthly
basis thereafter, the
department shall submit to the joint legislative budget committee, the senate
health and human services committee and the house of representatives health and
human services committee, or their successor committees, a report that includes
all of the following:
1. The department's
compliance with all of the requirements of this section.
2. The number of
missing, abducted and runaway children.
3. The number of missing, abducted and runaway
children who have been found.
4. The percentage of times the department was in
compliance with the requirements prescribed in subsections A, B, C and D of
this section.
M. If the report submitted pursuant to subsection L
of this section shows a less than ninety-five percent compliance rate
with the requirements prescribed in subsection L, paragraph 4 of this section
for more than four consecutive or nonconsecutive months in a twelve-month
period, the department shall establish a missing, abducted and runaway children
unit within the department. The missing, abducted and runaway
children unit shall have at least four employees with at least one employee
available twenty-four hours a day. The missing, abducted and
runaway children unit may enter into contracts with any vendor necessary to
ensure the department is in compliance with this section. If the
missing, abducted and runaway children unit is established, the unit shall
submit a report to the governor, the president of the senate, the speaker of
the house of representatives and the joint legislative oversight committee on
the department of child safety established by section 41-1292. The report
shall do all of the following:
1. Identify the reasons why the department is not in
compliance with the requirements prescribed in subsections A, B, C and D of
this section.
2. Identify the methods by which the missing,
abducted and runaway children unit will achieve a ninety-five percent
compliance rate with the requirements prescribed in subsections A, B, C and D
of this section.
3. Include organizational changes that the
department will make to ensure compliance with the requirements prescribed in
subsections A, B, C and D of this section.
4. Recommend legislative changes that are necessary
to ensure the department's compliance with the requirements prescribed in
subsections A, B, C and D of this section.
N. The legislature may convene an oversight
committee to address problems and deviations from policy and procedure and
recommend corrective action plans. The legislature shall request an
annual independent audit of the department's compliance with this
section. If the independent audit determines that the department is
not in compliance, the department shall contract with a consulting firm that is
licensed by this state for investigative services. The consulting firm shall
present recommendations to the oversight committee on how to improve compliance
with this section.
O. The legislature may convene the joint legislative
oversight committee on the department of child safety established by section 41-1292
to address concerns and deviations from policy and procedure and provide
recommendations. The legislature may request an annual independent
audit of the department's compliance with this section. If the
independent audit determines that the department is not in compliance, the
independent audit shall provide recommendations for improving the department's
efforts to locate missing, abducted or runaway children. If the joint
legislative oversight committee on the department of child safety determines
that the department, after the establishment of the missing, abducted and
runaway children unit, has failed to meet the requirements of subsection M of
this section for a period of more than two months, the department shall
contract with a consulting firm that is licensed by this state for
investigative services. The consulting firm shall present recommendations to
the joint legislative oversight committee
on the department of
child safety
on how to improve compliance with this section.
END_STATUTE
Sec. 6. Section 8-811, Arizona Revised
Statutes, as amended by Laws 2024, chapter 47, section 5, is amended to read:
START_STATUTE
8-811.
Hearing process; definitions
A. The department shall notify a person who is
alleged to have abused or neglected a child that the department intends to
substantiate the allegation in the central registry pursuant to section 8-804
and of that person's right:
1. To receive a copy of the report containing the
allegation.
2. To a hearing before the entry into the central
registry.
B. The department shall provide the notice
prescribed in subsection A of this section by first class mail or by personal
service no more than fourteen days after completion of the investigation.
C. A request for a hearing on the proposed finding
must be received by the department within twenty days after the mailing or
personal service of the notice by the department.
D. The department shall not disclose any information
related to the investigation of the allegation except as provided in sections 8-456,
8-807, 8-807.01 and 13-3620.
E. If a request for a hearing is made pursuant to
subsection C of this section, the department shall conduct a review before the
hearing. The department shall provide an opportunity for the accused person to
provide written or verbal information to support the position that the
department should not substantiate the allegation. If the department
determines that
there is no probable cause that the accused
person engaged in the alleged conduct
The proposed
finding is not supported by a preponderance of the evidence
, the
department shall amend the information or finding in the report and shall
notify the person and a hearing shall not be held.
F. Notwithstanding section 41-1092.03, the
notification prescribed in subsection A of this section shall also state that
if the department does not amend the information or finding in the report as
prescribed in subsection E of this section within sixty days after it receives
the request for a hearing the person has a right to a hearing unless:
1. The person is a party in a pending civil,
criminal or administrative proceeding in which the allegations of abuse or
neglect are at issue.
2. The person is a party in a pending juvenile
proceeding in which the allegations of abuse or neglect are at issue.
3. A court or administrative law judge has made
findings as to the alleged abuse or neglect.
4. A court has found that a child is dependent or
has terminated a parent's rights based on an allegation of abuse or neglect.
G. If the court or administrative law judge in a
pending proceeding described in subsection F, paragraph 1 or 2 of this section
does not make a finding of abuse or neglect and the matter is no longer pending
in that forum, the person has a right to a hearing pursuant to subsection F of
this section.
H. If the court or administrative law judge in a
proceeding described in subsection F of this section has made a finding of
abuse or neglect, the finding shall be entered into the central registry as a
substantiated report.
I. If the department does not amend the information
or finding in the report as prescribed in subsection E of this section, the
department shall notify the office of administrative hearings of the request
for a hearing
no
not
later than five
days after completion of the review. The department shall forward
all records, reports and other relevant information with the request for
hearing within ten days. The department shall redact the identity of
the reporting source before transmitting the information to the office of
administrative hearings.
J. The office of administrative hearings shall hold
a hearing pursuant to title 41, chapter 6, article 10, with the following
exceptions:
1. A child who is the victim of or a witness to
abuse or neglect is not required to testify at the hearing.
2. A child's hearsay statement is admissible if the
time, content and circumstances of that statement are sufficiently indicative
of its reliability.
3. The identity of the reporting source of the abuse
or neglect shall not be disclosed without the permission of the reporting
source.
4. The reporting source is not required to testify.
5. A written statement from the reporting source may
be admitted if the time, content and circumstances of that statement are
sufficiently indicative of its reliability.
6. If the person requesting the hearing fails to
appear, the hearing shall be vacated and a substantiated finding of abuse or
neglect shall be entered. On good cause shown, the hearing may be
rescheduled if the request is made within fifteen calendar days after the date
of the notice vacating the hearing for failure to appear.
K. On completion of the presentation of evidence,
the administrative law judge shall determine if
probable cause
exists to sustain the department's finding that the parent, guardian, employee
of a child welfare agency where the child was placed that was licensed by and
contracted with the department at the time of the abuse or custodian abused the
child or the parent, guardian or custodian neglected the child
the proposed finding is supported by a preponderance of the evidence
. If
the administrative law judge determines that
probable cause
exists to sustain the department's finding of abuse or neglect
The proposed finding is supported by a preponderance of the evidence
,
the sustained finding shall be entered into the central registry as a
substantiated report. If the administrative law judge determines
that
probable cause does not exist to sustain the department's
finding
the proposed finding is not supported by a
preponderance of the evidence
, the administrative law judge shall order
the department to amend the information or finding in the report.
L. When the department is requested to verify
pursuant to section 8-807, if the central registry contains a
substantiated report about a specific person, the department shall determine if
the report was taken after January 1, 1998. If the report was taken
after January 1, 1998, the department shall notify the requestor of the
substantiated finding. If the report was taken before January 1,
1998, the department shall notify the person of the person's right to request
an administrative hearing. The department shall not send this notification if
the person was a party in a civil, criminal or administrative proceeding in
which the allegations of abuse or neglect were at issue. The
provisions of this section shall apply to the person's appeal.
M. The department shall provide the parent, guardian
or custodian who is the subject of the investigation and the person who
reported the suspected child abuse or neglect if that person is the child's
parent, guardian or custodian with a copy of the outcome of the investigation
at one of the following times:
1. If the report is unsubstantiated.
2. If
probable cause exists that abuse
or neglect has occurred
the proposed finding is supported
by a preponderance of the evidence
but a specific person is not
identified as having abused or neglected the child.
3. After the time to request a hearing has lapsed
pursuant to subsection C of this section without the department receiving a
request for a hearing.
4. After a final administrative decision has been
made pursuant to section 41-1092.08.
N. For the purposes of this section:
1. "Amend the finding" means to change the
finding from substantiated to unsubstantiated.
2. "Amend the information" means to change
information identifying the accused of having abused or neglected a child.
END_STATUTE
Sec. 7.
Repeal
Section 8-811, Arizona Revised
Statutes, as amended by Laws 2024, chapter 127, section 5, is repealed.
Sec. 8.
Representation of children; report; requirements;
delayed repeal; definition
A. Each
county office that employs attorneys who are appointed to represent children in
dependency proceedings or termination of parental rights proceedings pursuant
to title 8, chapter 4, Arizona Revised Statutes, shall submit a report to the
governor, the speaker of the house of representatives and the president of the
senate on or before January 15, 2027. The report shall be compiled by month for
the period of June 1, 2026 through December 31, 2026 and shall include all of
the following:
1. The number of attorneys
in each county office who are representing children in dependency proceedings
or termination of parental rights proceedings.
2. The average number of
children who are being represented by each attorney.
3. The range of the number
of dependency or termination of parental rights cases that are assigned to each
county office.
4. The number of children
who are assigned to each county office by case plan goal.
5. The number and
percentage of children who are contacted in person by their appointed attorney,
categorized by the age of the child.
6. The number and
percentage of children who are contacted by electronic means by their appointed
attorney, categorized by the age of the child and the type of electronic means
that was used to contact the child.
7. The number and
percentage of children who are contacted in person by another member of the
child's legal team, including a social worker or other appropriately trained
support staff, categorized by age and the position of the person who contacted
the child.
8. The number and
percentage of children who are contacted by electronic means by another member
of the child's legal team, including a social worker or other appropriately
trained support staff, categorized by age, the position of the person who
contacted the child and the electronic means that was used to contact the
child.
9. The number and
percentage of preverbal children whose placement is contacted, either in person
or by electronic means, by the child's appointed attorney, categorized by the
means that was used to contact the child's placement.
10. The number of preverbal
children whose placement is contacted, either in person or by electronic means,
by another member of the child's legal team, including a social worker or other
appropriately trained support staff, categorized by the position of the person
who contacted the child's placement and the means that was used to contact the
child's placement.
B. This section is repealed from and after June
30, 2027.
C. For the purposes of this section,
"electronic means" includes:
1. Telephone calls.
2. Video calls.
3. Email.
4. Text
messages.