DCS; training; child placement; management

SB1821 - 572R - S Ver

Senate Engrossed

DCS; training; child
placement; management

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1821

AN
ACT

amending sections 8-465, 8-509,
8-514.02, 8-514.03 and 8-802, arizona revised statutes;
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 8-465, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-465.

Auditor general; department audit team; duties

A. The auditor general shall establish an audit team
to be located in the department of child safety to provide ongoing performance
reviews and analyses.

B. Pursuant to an audit plan adopted after review by
the joint legislative audit committee, the audit team may:

1. Determine the validity and accuracy of information
reported by the department to the legislature.

2. Perform other reviews and analyses relating to
the department.

3. Review a specific department function or process.

4. Review the management of the case
management system, including data accuracy and system errors, that is used by
the department to track the placement and location of children in the care of
the department.

C. Pursuant to section 41-1279.04, the
department shall provide the auditor general access to any data from the
department, including electronic data, that the auditor general deems necessary
to perform the duties prescribed in this section.� This data shall be provided
in the manner and format prescribed by the auditor general.
END_STATUTE

Sec. 2. Section 8-509, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-509.

Licensing of foster homes; fingerprint waiver; restricted
license; renewal of license; provisional license; exemption from licensure;
immunization requirements; administration of medication; policies and
procedures; definition

A. The department shall license and certify foster
homes. Licenses are valid for a period of two years.

B. The department shall not issue a license without
satisfactory proof that the foster parent or parents have completed six actual
hours of approved initial foster parent training as set forth in section 8-503
and that each foster parent and each other adult member of the household has a
valid fingerprint clearance card issued pursuant to section 41-1758.07.�
The foster parent and each other adult member of the household must certify on
forms that are provided by the department and that are notarized whether the
foster parent or other adult member of the household is awaiting trial on or
has ever been convicted of any of the criminal offenses listed in section 41-1758.07,
subsections B and C in this state or similar offenses in another state or
jurisdiction.

C. A kinship foster care parent shall apply for a
fingerprint clearance card pursuant to section 41-1758.07. In
its discretion and for good cause, the department may waive the requirement for
a kinship foster care parent to obtain a fingerprint clearance
card. In evaluating whether good cause exists, the department shall
apply the criteria prescribed in section 41-1758.07, subsections B and
C. If the department waives the requirement, the department shall
issue to the kinship foster care parent a restricted license that applies only
to the children placed with the kinship foster care parent for kinship foster
care.

D. The department shall not renew a license without
satisfactory proof that the foster parent or parents have completed twelve
actual hours of approved ongoing foster parent training during the two-year
period of licensure as set forth in section 8-503.

E. If the department determines that completing the
training required in subsections B and D of this section would be a hardship to
the foster parent or parents, the department may issue a provisional license
for a period not to exceed six months. A provisional license may not
be renewed.

F. Child welfare agencies that submit foster homes
for licensing shall conduct an investigation of the foster home pursuant to
licensing rules of the department. The department shall conduct
investigations of all other foster homes. If the foster home meets
all requirements set by the department, the agency shall submit an application
stating the foster home's qualifications to the department. The
agency may also recommend the types of licensing and certification to be
granted to the foster home.

G. The department shall accept an adoptive home
certification study as a licensing home study if the study has been updated
within the past three months to include the information necessary to determine
whether the home meets foster care licensing standards.

H. This section does not apply if the child is
placed in a home by a means other than by court order and if the home does not
receive compensation from this state or any political subdivision of this
state.

I. The department may not prohibit a person
operating a licensed foster home from applying for or receiving compensation as
a foster home parent due to employment with this state.

J. The department shall not require a foster parent
to immunize the foster parent's natural or adoptive children as a condition of
foster home licensure.

K. A licensee may modify the renewal date of a
license issued pursuant to this section by submitting an application for
modification of renewal date with the department on a form prescribed by the
department.� The licensee must specify the new month of renewal on the
application.� The modified renewal date must be before, but not more than six
months earlier than, the existing renewal date.

L. The foster care review board shall review the
cases of children placed by the department in foster homes licensed pursuant to
this section as required by section 8-515.03.

M. If a group foster home is licensed pursuant to
this section and will be administering medication to a foster child who will be
placed in the group foster home, the group foster home shall develop policies
and procedures that identify how the group foster home will manage
administering medication to a foster child. The policies and
procedures shall include all of the following:

1. How the group foster home will provide a foster
child with qualified health care on a twenty-four hours a day, seven days
a week schedule.

2. The group foster home's process for administering
medication to a foster child.

3. The qualifications of staff members of the group
foster home who will be administering medication to a foster child.

4. The qualifications of staff members of the group
foster home who will be supervising a foster child's self-administration
of medication.

5. The supervision, process and documentation of a
foster child's self-administration of medication.

6. The documentation process for
the
administration of
administering
medication,
medication errors and drug reactions.

7. The documentation and process of notification to
a foster child's health care provider of a medication administration error or
drug reaction.

8. The procedures for contacting law enforcement, a
health care provider or a medical professional when a foster child's refusal to
take medication prescribed to the foster child endangers the foster child's or
another's

another person's
health and
safety and the procedures for documenting the foster child's refusal to take
medication prescribed to the foster child.

N. The department may require a group foster home to
employ additional staff when a medically complex child is placed in the care of
the group foster home.� The department may require a group foster home to
modify the group foster home's policies and procedures required by subsection M
of this section to accommodate the needs of a medically complex child.

O. The department may conduct
unannounced visits and inspections of any group foster home that is licensed
pursuant to this section.

O.

P.
For
the purposes of this section, "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. 3. Section 8-514.02, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-514.02.

Placement of child

A. The department may place a child with a parent, a
relative or a person who has a significant relationship with
a
the
child.
the Placement of a child
with a parent, a relative or a person who has a significant relationship with
the child shall be the priority placement for a child.�

B. During an emergency situation when a child must
be placed, the department shall not place a child with a relative or a person
who has a significant relationship with the child unless each adult member of
the relative's or person's household consents to both of the following:

1. A preliminary state and federal name-based
background check.

2. Within fifteen calendar days
from

after
the date the name-based background check is
conducted, the submission of a full set of the person's fingerprints to obtain
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.

C. Except for a placement pursuant to section 8-861,
before a child who has been in out-of-home care is placed with a parent, the
department shall conduct a background check pursuant to section 41-1750
of all adult household members and all adults who have been identified as
having caregiving responsibilities of the child in the home.� The results of
this background check shall be considered when making a safety assessment of
the placement.

D. The department shall immediately remove a child
from a home if any adult household member fails to provide fingerprints as
provided in subsection B of this section.� If placement of the child in the
home was ordered by the court, the department shall immediately request a
change of physical custody from the court.

E. Unless approved in writing by the department, the
parent
,

or
relative
or
person who has a significant relationship with the child
shall not allow
the child to:

1. Be placed with any other person.

2. Have any contact with the allegedly abusive or
neglectful parent, guardian or custodian or other person designated by the
department.

3. Leave this state.

F. If a child is placed with a parent
,

or
relative
or person who has a significant
relationship with the child
pursuant to this section, the department
shall inform the parent
,

or
relative

or person who has a significant relationship with the child
about
available financial and nonfinancial services and eligibility requirements and
shall assist the parent
,

or
relative

or person who has a significant relationship with the child
to
complete the necessary applications.
END_STATUTE

Sec. 4. 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 the
placement of the child with the child's relative or a person with a significant
relationship with the child for kinship foster care.

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, 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.

H. The department may conduct
unannounced visits and inspections of a home where a child who is in the care
and custody of the department is placed in a kinship foster care setting
pursuant to this section.

END_STATUTE

Sec. 5. Section 8-802, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-802.

Child safety worker; fingerprint clearance cards; interview
requirements; temporary custody limit; cooperation and coordination; alteration
of files; violation; classification

A. The department shall employ child safety
workers.� All persons who are employed as child safety workers shall have a
valid fingerprint clearance card that is issued pursuant to section 41-1758.07
or shall apply for a fingerprint clearance card within seven working days after
employment. A child safety worker shall certify on forms that are
provided by the department and that are notarized whether the worker is
awaiting trial on or has ever been convicted of any of the criminal offenses
listed in section 41-1758.07, subsections B and C in this state or
similar offenses in another state or jurisdiction.

B. A worker shall not interview a child without the
prior written consent of the parent, guardian or custodian of the child unless
either:

1. The child initiates contact with the worker.

2. The child who is interviewed is the subject of or
is the sibling of or living with the child who is the subject of an abuse or
abandonment investigation pursuant to section 8-456.

3. The interview is conducted pursuant to the terms
of the protocols established pursuant to section 8-817.

C. A child shall not remain in temporary custody for
a period exceeding seventy-two hours, excluding Saturdays, Sundays and
holidays, unless a dependency petition is filed.

D. All child safety workers shall be trained and
demonstrate competency in:

1. The duty to protect the legal rights of children
and families from the time of the initial contact through treatment.� The
training shall include knowledge of a child's rights as a victim of crime.�

2. The legal rights of parents.

3. Impact and
intervention practices related to adverse childhood experiences, culturally and
linguistically appropriate service delivery, domestic violence, family
engagement, communication with special populations and trauma informed responses.

E. the department shall require each
newly hired child safety worker to spend at least one year working and training
under the supervision of an experienced child safety worker.

E.

F.
All
child safety workers shall cooperate and coordinate with the office of child
welfare investigations to carry out the purposes of section 8-471.

F.

G.
All
child safety workers and child welfare investigations workers shall cooperate
and coordinate with the inspections bureau to carry out the purposes of section
8-458.

G.

H.
All
child welfare investigations workers and inspections bureau workers shall
cooperate and coordinate with the rest of the department to achieve the
purposes of this title.

H.

i.
A
person who alters a client file for the purpose of fraud or misrepresentation
is guilty of a class 2 misdemeanor.
END_STATUTE