Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SENATE BILL 1486

 

 

 

AN ACT

 

amending Title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8-503.02; relating to child welfare and placement.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-503.02, to read:

START_STATUTE8-503.02.  Preplacement protocol; required services; notice to court; compliance reporting; complaint tracking; training

A.  When considering out-of-home placement of a child in the custody of the department, to provide the best care for the child and prevent unnecessary disruption, the department shall:

1.  Make reasonable efforts to obtain state records regarding the following and provide this information to the prospective out‑of‑home placement provider before the child is placed:

(a)  The child's medical and behavioral health, including the child's condition, behaviors and treatments, noted concerns, prescription and nonprescription drugs, medications, durable medical equipment devices, current services and therapies and any other related information.

(b)  The child's current and prior involvement in the juvenile justice system.

(c)  The reason the child requires temporary custody, including a description of the specific threats or dangers.

(d)  The number of the child's siblings.

(e)  The number of prior out‑of‑home placements the child has had and the reasons for each placement disruption or removal, including any allegations, concerns or findings of the child's abuse of an adult or other child.

2.  Identify a prospective out‑of‑home placement provider whose characteristics and capabilities best match the following criteria:

(a)  The child's needs, permanency goal, contact requirements and visitation plan.

(b)  The prospective out‑of‑home placement provider's ability to meet the child's needs.

(c)  The prospective out‑of‑home placement provider's ability and willingness to support maintenance of the child's connections with the child's parents, siblings, extended family, culture, religion and other important connections.

(d)  The department's expectations of the prospective out‑of‑home placement provider.

(e)  The prospective out‑of‑home placement provider's willingness to consider placement of the child and the child's siblings, if applicable.

B.  Within seven days after a child is placed with an out‑of‑home placement provider, the department shall verify that the out‑of‑home placement provider has received the information prescribed in subsection A, paragraph 1 of this section and section 8‑512.01 and that behavioral health evaluations have been scheduled.

C.  The department shall refer for services that assist the out‑of‑home placement provider in caring for the child in the home.  These services may include all of the following:

1.  Training that will enhance out-of-home placement parenting skills and the ability to cope.

2.  Individual, family and group counseling as appropriate.

3.  Formal or informal supports on how to respond to the child's immediate medical and behavioral health needs within ninety calendar days after the completion of a comprehensive assessment of the child's and family's needs.

D.  In any court hearing regarding an out‑of‑home placement, the department shall inform the court of the department's compliance or noncompliance with subsection A, paragraph 1 of this section and independent living services 8-513 subsection E, vital documents 8-514.06, the department having requested an original birth certificate and social security number for a child that is in the care of the department and who is placed in out-of-home placement, medical and behavioral health timelines being followed per ahcccs policy guidelines or provide a copy showing appropriate grievance filings have been made through ahcccs.  For a child that is in state's custody who is seventeen years and nine months of age and older, the department shall inform the court of the department's compliance or noncompliance in releasing a complete copy of child's known or available medical and behavioral health records to the child.  On the first report of noncompliance, the court shall order the department to provide the necessary training or services to reach compliance.  If there is a subsequent report of noncompliance, the director of the department must appear in person at the next court hearing to explain why the department is not in compliance.

E.  The department shall provide each employee of the department whose duties involve the placement of children in out‑of‑home placements with two hours of training annually that addresses preplacement protocols, behavioral and medical navigation and timelines of care.  The department may provide similar training to all licensed child welfare agencies. END_STATUTE

Sec. 2.  Department of child safety employee training

Within six months after the effective date of this section, the department of child safety shall provide each employee of the department whose duties involve the placement of children in out‑of‑home placements with two hours of training that addresses preplacement protocols, behavioral and medical navigation and timelines of care.