Assigned to FS                                                                                                             AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1430

children; CPS

Purpose

            Modifies Child Protective Services (CPS) processes for removing a child and raises the burden of proof for dependency and termination of the parent-child relationship.  Establishes the Family Advocacy Council (FAC) to serve as a resource and advocate for families affected by CPS. 

Background

            Upon initial contact with a person under investigation for child abuse or neglect, the CPS worker must inform the person that the family is under investigation by the Department of Economic Security (DES), that the CPS worker has no legal authority to compel the family to cooperate and that the family has the right to file complaints or appeal CPS determinations.  This information, as well as information outlining parental rights under Arizona law, must be provided in writing and the CPS worker is required to make reasonable efforts to receive written acknowledgment from the person that the information was received.  The CPS worker must also inform the person of his or her right to respond to allegations of abuse or neglect and that anything the person says or writes in response can be used in a court proceeding (A.R.S. § 8-803).

            If a child is removed from the home, DES is required to review the removal before a dependency petition is filed.  CPS must file dependency petitions within 72 hours of the child’s removal, excluding weekends and holidays, or return the child to the home.  A removal review team (RRT), which consists of a CPS worker, a CPS supervisor and two members of the local Foster Care Review Board (FCRB), conducts the review.  If the child has a medical need or a chronic illness, the RRT also includes the child’s physician.  If a majority of the RRT members do not agree that removal of the child is necessary, the child must be returned home or cannot be removed (A.R.S. § 8-822).

            Laws 2003, Second Special Session, Chapter 6 enacted two versions of A.R.S. § 8-537, which contains procedures for terminating a parent-child relationship (TPR).  Version two has a delayed effective date of January 1, 2007, and eliminates references to TPR by jury trial, which sunsets on that date.  This legislation makes identical changes to both versions of the statute and retains the delayed effective date for version two.

            There may be a fiscal impact associated with establishing the FAC and providing staff support.

Provisions

Burden of Proof

1. Raises the burden of proof for TPR from clear and convincing evidence to evidence beyond a reasonable doubt.

2. Raises the burden of proof for finding a child dependent from a preponderance of the evidence to clear and convincing evidence.

Duty to Inform

3. Requires CPS workers to make reasonable efforts to inform the person under investigation of allegations and specified rights before a child is removed from a home.

4. Requires CPS workers to inform the person under investigation that the person does not have to allow the worker to enter the home.

5. Eliminates the requirements that CPS workers supply information in writing outlining parental rights under the laws of this state.

6. Places the burden of proof that the CPS worker informed the person under investigation on DES.

Removal Review Teams

7. Reduces the number of CPS personnel on the RRT from two to one and requires at least one FCRB member of the RRT to be from the district where the child was removed.

8. Requires the written temporary custody notice to include information that the RRT will be meeting to review the removal of the child, and the date and time of the RRT meeting.

9. Prohibits the RRT from meeting unless two FCRB members are present.

Family Advocacy Council

10. Establishes the FAC consisting of two legislative members who serve as nonvoting advisory members, an employee of the DES Division of Children, Youth and Families, a family law judge and seven public members who have expertise or experience with CPS-related issues. 

11. Specifies who appoints each member of the FAC, and states that FAC members serve at the pleasure of the person responsible for making the appointment.

12. Makes public members of the FAC eligible for reimbursement of expenses and all FAC members ineligible to receive compensation.

13. Requires the FAC to meet at least four times annually and to annually select a chairperson from its voting membership at its first meeting.

14. Requires the FAC to serve as a resource to families affected by actions taken by CPS, review CPS cases and files on its own motion or on request of any legislator and advocate on behalf of any parent the FAC believes is in need of advocacy.

15. Requires the FAC to submit, on or before December 1, an annual report of actions and any recommendations for improvements to the CPS system.  The annual report is submitted to the Governor, the President of the Senate and the Speaker of the House of Representatives, and a copy is provided to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.

16. Immunizes FAC members from criminal or civil liability for good faith actions taken in connection with their responsibilities.

17. Allows FAC members to excuse themselves from participating in advocacy activities.

Family Advocacy Office

18. Establishes the Family Advocacy Office (FAO) to offer staff support and other necessary services to the FAC, including conducting research and collecting data relating to the CPS system, and recording and reporting FAC actions.

19. Requires the FAC to appoint an Executive Director of the FAO (FAO Director), who serves at the pleasure of the FAC.

20. Makes the FAO Director eligible to receive compensation set by the FAC within the range determined by the Arizona Department of Administration salary plan as adopted or modified by the Legislature.

21. Allows the FAO Director to employ and terminate employees, contract for special services and enter into contracts to procure goods and services, as necessary to carry out the responsibilities of the FAO and the FAC.

Family Advocacy Council and Office

22. Requires DES to provide access to CPS information to the FAC and the staff of the FAO and prohibits the persons receiving the information from disclosing it further.

23. Contains a purpose statement for the FAC and the FAO.

24. Sunsets the FAC and the FAO on July 1, 2016.

Miscellaneous

25. Makes technical and conforming changes.

26. Makes identical changes to the multiple sections of statute relating to TPR and retains the delayed effective date of version two of that section.

27. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Specifies the appropriation as $240,000.

2. Restores the requirement for CPS workers to inform the family of authority to petition for dependency.

3. Requires one RRT member, instead of all three, to be from the district where the child was removed.

4. Corrects a drafting error.

Amendments Adopted by Committee of the Whole

1. Requires CPS workers to make all reasonable efforts to inform a person of the CPS investigation and their related rights before a child is removed, instead of requiring CPS workers to inform the person before the child may be removed.

2. Requires CPS workers to inform the person that the person does not have to allow the worker to enter the home, instead of that the person has rights relating to search and seizure.

3. Changes the membership of the RRT back to two FCRB members, restores one CPS  worker to the RRT, and prohibits the RRT from meeting unless two FCRB members are present.

4. Removes the requirements for the RRT to consider testimony from the parent and CPS and to submit a recommendation to a judge, and the requirement for a judge to approve or reject the RRT decision.

5. Removes the requirement for information to be provided to a person under investigation both verbally and in writing.

6. Allows members of the FAC to excuse themselves from advocacy activities.

7. Removes the appropriation.

Senate Action

FS                    2/13/06     DPA     3-2-0

APPROP         3/6/06       W/D

3^rd Read           3/16/06                  17-12-1

Prepared by Senate Research

March 6, 2006

KM/jas