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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SENATE BILL 1487 |
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AN ACT
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. 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. 2. 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. 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.
2. Provide a respite provider to maintain the placement of the child in the out‑of‑home placement until the investigation of the abuse allegation is completed.
3. 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.
4. Video record all meetings and interviews conducted as part of the investigation and make the video record available to any PARTY on request after the conclusion of the investigation.
5. 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 to urgent care or an emergency room to clinically evaluate the child.
6. 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 responsible for 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 a hearing pursuant to Section 41-1092.03.
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 pursuant to section 8-201, and the out-of-home placement provider is found to be in violation of title 21 or the laws and administrative codes listed in the child welfare policy and procedure manual, the department shall hold a conflict resolution conference within three days after the substantiation 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 or court appointed special advocates.
6. if applicable, 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.
7. if applicable, a contracted licensing agency provider.
B. The conflict resolution process shall include all of the following:
1. STRENGTHS and needs evaluation, including identification of potential stressors for the family and the child.
2. if applicable, development of a safety plan, a crisis plan or both plans.
3. Assessment of support, training, services and strategies to assist the out‑of‑home placement provider in caring for the children in their care.
4. A timeline for providing identified services. these services shall begin within seven working days after the conflict resolution conference is completed.
C. 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.
Sec. 3. Department of child safety; training
On or before December 31, 2020, the department of child safety shall establish guidelines and training for foster parents to address situations where a child is a danger to siblings or animals that reside in the household.