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REFERENCE TITLE: caregiver protections; placement provider investigation |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1487 |
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Introduced by Senators Farnsworth E: Fann; Representatives Bowers, Grantham, Petersen
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AN ACT
amending Title 8, chapter 2, article 1, Arizona Revised Statutes, by adding section 8-210; amending section 8‑517, Arizona Revised Statutes; amending Title 8, chapter 4, article 4, Arizona Revised Statutes, by adding sections 8‑517.01 and 8‑517.02; relating to child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 8-210, to read:
8-210. Caregiver protection; definitions
A. A parent or out‑of‑home placement provider that brings into the home a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of other family members is not civilly liable for either of the following:
1. An act or omission of the parent or out‑of‑home placement provider while the parent or out‑of‑home placement provider is acting in the capacity of a biological, foster or adoptive parent.
2. An act or omission of a child while the child is in the parent's or out‑of‑home placement provider's care.
B. Subsection A, paragraph 1 of this section does not apply if the act or omission of the parent or out‑of‑home placement provider was not done in good faith or was not in compliance with written instructions concerning the specific care and supervision of the child that are prescribed by a behavioral health care provider for the child or the department or agency that placed the child. There is a presumption that a parent or out‑of‑home placement provider has acted in good faith and in compliance with any written instructions concerning the specific care and supervision of the child. To overcome this presumption a person must show by clear and convincing evidence that the parent or out‑of‑home placement provider did not act in good faith or did not comply with any written instructions that are prescribed by a behavioral health care provider for the child or the department or agency that placed the child.
C. If A parent or out‑of‑home placement provider perceives a danger to the safety and security of the members, pets or property of the household, the parent or out‑of‑home placement provider may use reasonable force to protect the safety and security of the members, pets or property of the household, including any child in the household.
D. An out‑of‑home placement provider that allows a child in the care of the out‑of‑home placement provider to participate in an age or developmentally appropriate activity is not civilly liable for any act or omission in allowing the child to participate, if in making this decision the out‑of‑home placement provider acted according to the reasonable and prudent parenting standard. The liability limitation prescribed in this subsection does not:
1. Apply to any other act or omission of the out‑of‑home placement provider, including any act or omission that is contrary to a requirement for licensure, written instructions concerning the specific care and supervision of the child that are prescribed by a behavioral health care provider for the child or any other law regarding the duty to protect the health, safety and welfare of the child.
2. AFFECT any other immunity from, limitation on or defense to liability that is available to the out‑of‑home placement provider under any other law.
E. There is a presumption that an out‑of‑home placement provider that allows a child to participate in an activity as provided in subsection D of this section has acted in accordance with the reasonable and prudent parenting standard in allowing the child to participate in the activity. To overcome this presumption a person must show by clear and convincing evidence that the out‑of‑home placement provider did not comply with the reasonable and prudent parenting standard in allowing the child to participate in the activity.
F. For the purposes of this section:
1. "Out‑of‑home placement" has the same meaning prescribed in section 8‑501.
2. "reasonable and prudent parenting standard" means the practice of making careful and sensible parental decisions that maintain the health, safety and best interests of a child while at the same time encouraging the emotional and developmental growth of the child when determining whether to allow the child to participate in extracurricular, enrichment, cultural and social activities.
Sec. 2. Section 8-517, Arizona Revised Statutes, is amended to read:
8-517. Withdrawal from foster home
Subject to the requirements of sections 8‑517.01 and 8‑517.02:
1. The division department or agency that placed the child may withdraw a child from a foster home only when the division department or agency determines that withdrawal is according to written, specific standards and is clearly necessary for the child's interests and welfare.
2. The division department may change the placement of a child made pursuant to section 8‑514.02 if the change is necessary for the child's best interests and welfare.
Sec. 3. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding sections 8-517.01 and 8‑517.02, to read:
8-517.01. Out-of-home placement provider; abuse allegation; investigation; clinical evaluation; rights; services; hearing
A. If an allegation of abuse is made against an out‑of‑home placement provider, the department shall do all of the following, unless a child is at risk of significant harm:
1. Provide the out‑of‑home placement provider the same safeguards and procedures provided under this chapter to a parent who is alleged to have committed abuse.
2. Temporarily withdraw the department employees who are directly dealing with the out‑of‑home placement provider and the immediate supervisors of these employees until the investigation of the abuse allegation is completed.
3. Provide a safety monitor plan to maintain the placement of the child in the out‑of‑home placement until the investigation of the abuse allegation is completed.
4. Inform the out‑of‑home placement provider of the right to an attorney, including an appointed attorney if the out‑of‑home placement provider is indigent.
5. Inform the out‑of‑home placement provider of the right to have an advocate or interested person to assist in representing the out‑of‑home placement provider's best interests, including providing:
(a) Information and advice about the process.
(b) Emotional support.
(c) Mediation between the out‑of‑home placement provider and the department, including attending all related meetings and hearings.
6. Investigate the allegation in person, including speaking with the child and all relevant professionals involved in the care of the child with a neutral party present from the local foster care review board, before taking further action in order to maintain the child's safety and well being.
7. Video record all meetings and interviews conducted as part of the investigation and make the video record available to any PARTY on request.
8. If there is a reasonable belief that the abuse allegation is true, within twelve hours after the allegation is made have a department employee accompany the child and the out‑of‑home placement provider to urgent care or an emergency room to clinically evaluate the child.
9. Use the medical evaluations prescribed in paragraph 8 of this subsection to determine whether to proceed with the investigation.
B. If the abuse allegation is not substantiated or if the out‑of‑home placement provider is found not guilty of a criminal allegation of abuse, the DEPARTMENT may not do either of the following:
1. Require the out‑of‑home placement provider to take any additional action or training to maintain the out‑of‑home placement provider's license.
2. Record the abuse allegation in the central registry pursuant to section 8‑804.
C. The department shall provide the out‑of‑home placement provider written findings within thirty days after completing the investigation.
D. If the department finds that the allegation of abuse is substantiated, the out‑of‑home placement provider has the right to an attorney and a preliminary protective hearing pursuant to section 8‑824.
E. Before a substantiated allegation of abuse is entered INTO THE central registry, the department shall provide the out‑of‑home placement provider the opportunity to participate in services to address the issues that resulted in the abuse, unless the child is at risk of significant harm. If the out‑of‑home placement provider successfully completes the services, the DEPARTMENT may not do either of the following:
1. Require the out‑of‑home placement provider to take any additional action or training to maintain the out‑of‑home placement provider's license.
2. Record the abuse allegation in the central registry pursuant to section 8‑804.
F. The rights an out-of-home placement provider has pursuant to this section are in addition to any rights provided by section 8-515.05.
8-517.02. Out-of-home placement provider; other allegations; conflict resolution conference; hearing
A. If an allegation is made against an out‑of‑home placement provider other than abuse, the department shall hold a conflict resolution conference within three days after the allegation is made. The conflict resolution conference shall include:
1. the out‑of‑home placement provider.
2. A department of child safety worker.
3. The child safety worker's supervisor or the supervisor's designee.
4. The child if the child is at least twelve years of age.
5. two members of the local foster care review board.
6. Any other qualified person who is identified by the out‑of‑home placement provider and who has evaluated or provided treatment for the child. This QUALIFIED person may participate in part or all of the conflict resolution conference.
B. The conflict resolution process shall include all of the following:
1. Identification of civil liability exemptions.
2. STRENGTHS and needs evaluation, including identification of potential stressors for the family and the child.
3. Development of a safety plan, a crisis plan or both plans.
4. Assessment of support, training, services and strategies to assist the out‑of‑home placement provider in caring for the child.
5. A timeline for providing identified services. these services shall begin within seven working days after the conflict resolution conference is completed.
C. If an out‑of‑home placement provider disputes the DEPARTMENT'S determinations on an allegation made against an out‑of‑home placement provider other than abuse, the out‑of‑home placement provider may file a written request for a hearing with the presiding judge of the juvenile court.
D. The rights an out-of-home placement provider has pursuant to this section are in addition to any rights provided by section 8-515.05.