|
REFERENCE TITLE: foster children; protection requirements |
|
State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
|
|
SB 1682 |
|
|
|
Introduced by Senator Farnsworth D
|
AN ACT
amending Title 8, chapter 4, Arizona Revised Statutes, by adding article 15; 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 4, Arizona Revised Statutes, is amended by adding article 15, to read:
ARTICLE 15. PROTECTION OF FOSTER CHILDREN
In this article, unless the context otherwise requires:
1. "Tier 5 danger" means one or more of the following is true about the placement of a child:
(a) A foster parent or another adult member of the household is a registered sex offender.
(b) There is medical evidence of sexual abuse relevant to the time period that a child has been at the placement.
(c) More than one child HAS ALLEGED that something has occurred to the child at the placement that, if true, would constitute sexual abuse or molestation of a child.
2. "Tier 4 danger" means that one or more of the following is true about two or more children at a placement:
(a) A foster child has alleged that the foster child was a victim of sexual abuse at the placement.
(b) A foster child has alleged that the foster child was a victim of physical abuse at the placement.
(c) A foster child has alleged that the foster child witnessed abuse happening to another child.
(d) A foster child has expressed fear of returning to a placement.
(e) A foster parent or another adult living in the placement has been convicted of a criminal offense involving violence.
(f) A licensed THERAPIST or counselor report indicates that a child is experiencing emotional or mental abuse at the placement.
3. "Tier 3 danger" means any one of the following is true about the placement:
(a) A foster child has alleged that the foster child was a victim of sexual abuse at the placement.
(b) A foster child has alleged that the foster child was a victim of physical abuse at the placement.
(c) A foster child has alleged that the foster child witnessed abuse happening to another child.
(d) A foster child has expressed fear of returning to a placement.
(e) A foster parent or another adult living in the placement has been convicted of a criminal offense involving violence.
(f) A licensed THERAPIST or counselor report indicates that a child is experiencing emotional or mental abuse at the placement.
4. "Tier 2 danger" means two or more of the following are true about the placement:
(a) A juvenile at this placement is adjudicated delinquent for a violent or sexual offense.
(b) A call has been made to the department hotline about this placement or about one of the adult members of the household from someone other than a child living at the placement or one of the child's biological parents.
(c) One of the biological parents of a child at the placement signs an affidavit stating that the parent has seen bruises or marks on the child during the child's stay at the placement.
(d) One of the biological parents of a child at the placement signs an affidavit stating that the child has told the parent that the child is being hit or injured at the placement.
(e) A child has previously gone missing from a placement involving one of these foster parents or one of the other adult members of the household.
(f) There is photographic or medical evidence of bruises, marks or other physical injury on a child from during the child's time at this placement.
8-902. Placement information file; change prohibition
A. The department shall keep a file on each foster care placement, unlicensed placement and congregate care placement that contains information that indicates the danger level of a placement. Information received by the department must be added to the relevant placement's file within twenty‑four hours after the department receives the information. This information includes all of the following:
1. The results of background checks for each adult member of the placement household against the list of registered sex offenders.
2. A copy of any medical evidence of sexual abuse of a child relevant to the time period when that child has been at this placement, along with the child's name and the date that the department received this information.
3. The full name of every child who has alleged that someone at the placement has done something to the child that, if true, would be considered sexual abuse or molestation of a child and the date that the department received this information.
4. A full record of all relevant statements made by a foster child about a sexual experience that happened to the child at the placement.
5. A copy of any medical records indicating possible sexual abuse of a foster child, including regular urinary tract infections, a prolapsed rectum, the presence of a sexually transmitted disease, internal damage to the rectum, internal damage to the vagina or bruising on the inner thigh.
6. The full name of any foster child who has alleged physical abuse at the placement, a full record of all relevant statements made by that child about what the child experienced as physically painful or abusive and any photographs and medical records.
7. The full name of any foster child who claims to have witnessed physical abuse occurring to another person at the placement, and a full record of all relevant statements made by that child about what abuse was witnessed and on whom it was inflicted.
8. The full name of any foster child who has expressed fear of returning to the child's current placement and the name and occupation of the person to whom the child expressed that fear. If the fear was expressed to a person other than an employee of this state or a court appointed special advocate, the department shall request that the person sign an affidavit, testifying that the person heard the child express fear of returning to the child's current placement. If the person is not willing to sign the affidavit, the claim may be excluded from the department's placement information file.
9. The full name of any adult living at the placement who has been convicted of a criminal offense involving violence in this state or any other state or jurisdiction, the date of conviction and the nature of the criminal offense.
10. A copy of any report from a licensed therapist or counselor, indicating that a child is experiencing emotional or mental abuse at the placement.
11. The name of the delinquent juvenile who resides at a placement and a list of the type and severity of each criminal offense for which the juvenile was adjudicate delinquent.
12. A record of each call made to the department hotline about a placement or one of the adult members of the household.
13. A copy of any affidavit from a biological parent that states that the parent has seen bruises or marks on the parent's child during the child's stay at the placement.
14. A copy of any affidavit from a biological parent that states that the child has told the parent that the child is being hit or injured at the placement.
15. A record of any child who goes missing, what placement the child disappeared from and the full name of each of the adult member of that household.
16. A copy of all the photographic or medical evidence of bruises, marks or other physical injury on any child staying at the placement.
B. Information added to a file pursuant to this section may not be redacted, deleted or removed.
8-903. Placements; levels of danger; required actions
A. Children shall be kept safe from placements that constitute a tier 5 danger. If the department determines that a placement constitutes a tier 5 danger, the department shall do all of the following:
1. Remove all foster children from this placement within twenty‑four hours after making the determination.
2. If other children live in that household, declare that an emergency exists affecting the health or safety of a child, and within twenty‑four hours after making the determination take into custody all adopted and biological children living in that placement, pursuant to section 8-822, subsection D.
3. Within one week after making the determination, revoke the foster home license of any adult member of the household who has previously been granted a foster home license and ban all adults of the household from obtaining a foster home license in this state in the future.
B. Children shall be kept safe from placements that constitute a tier 4 danger. If the department determines that a placement constitutes a tier 4 danger, the department shall do all of the following within forty‑eight hours after making the determination:
1. Remove all foster children from this placement.
2. If other children live in that household, declare that an emergency exists affecting the health or safety of a child and take into custody all adopted and biological children living in that household pursuant to section 8-822, subsection D.
3. Revoke the foster home license of any adult member of the household who has previously been granted a foster home license and ban all adults of the household from obtaining a foster home license in this state in the future.
C. Children shall be kept safe from placements that constitute a tier 3 danger. If the department determines that a placement constitutes a tier 3 danger, the department shall do all of the following:
1. Within twenty‑four hours after making the determination remove the alleged victim of abuse, the foster child who expressed fear of returning to the placement or the child who is reported to be experiencing emotional abuse, depending on which of these situations is the basis of the determination that the placement constitutes a Tier 3 danger.
2. Within one week after making the determination, privately interview each of the children living at the placement and record the full conversation. This recording must be kept on file.
3. Inform the child that the child has the right to leave and be given a better placement if the people at the present placement are not enabling the child to thrive. The child safety worker shall ask the child: "Yes or no – would you like to leave this place?" If the child does not answer yes or no, the child safety worker shall reassure the child that the child may take a few minutes to think about the question and decide which option to choose. After ten minutes the child safety worker shall state the question again. If the child answers:
(a) "No" or does not otherwise answer affirmatively, the child shall be allowed to stay at the placement.
(b) If the child answers affirmatively, indicating that the child wants to leave the placement, the child safety worker shall transport the child and the child's belongings away from the placement when the child safety worker leaves the location.
4. If two-thirds or more of the children living at the placement indicate that they want to leave the placement, revoke the foster home license and remove all foster children at that placement.
D. Children shall be kept safe from placements that constitute a tier 2 danger. If the department determines that a placement constitutes a tier 2 danger, the department shall do all of the following:
1. Within one week after making the determination, privately interview each of the children living at the placement and record the full conversation. This recording must be kept on file.
2. Inform the child that the child has the right to leave and be given a better placement if the people at the present placement are not enabling the child to thrive. The child safety worker shall ask the child: "Yes or no – would you like to leave this place?" If the child does not answer yes or no, the child safety worker shall reassure the child that child may take a few minutes to think about the question and decide which option to choose. After ten minutes the child safety shall state the question again. If the child answers:
(a) "No" or does not otherwise answer affirmatively, the child shall be allowed to stay at the placement.
(b) If the child answers affirmatively, indicating that the child wants to leave the placement, the child safety worker shall transport the child and the child's belongings away from the placement when the child safety worker leaves the location.
3. If two-thirds or more of the children living at the placement indicate that they want to leave the placement, revoke the foster home license and remove all foster children at that placement.
8-904. Emotional abuse screening
A. The following are indicators that a child in the custody of the department is being emotionally abused:
1. If the child volunteers the information to the child's child safety worker or lawyer, a biological parent, a teacher, a doctor or a court appointed special advocate that a foster care provider at the child's placement blows up at the child, makes cruel or cutting remarks or tears the child down.
2. If a child's child safety worker asks the child how the child's foster parents speak to the child and the child indicates that a foster parent is habitually unkind in the foster parent's speech.
3. If a biological parent asks the child: "Has your foster parent been saying kind things to you, mean things to you, or both?" and the child indicates "both" or "mean things" or indicates fear of retaliation in the child's actions.
B. The child safety worker for the child shall document the existence of any of the indicators prescribed in subsection A of this section, whether the information is gained by firsthand knowledge or by third‑party reporting.
C. Within seven days after learning of the existence of any of the indicators prescribed in subsection A of this section, the department shall inform the biological parents and grandparents that the child will be provided additional screening for emotional abuse and that:
1. This additional screening must be an evaluation done by a licensed professional counselor or a marriage and family therapist.
2. A biological parent or grandparent must:
(a) Choose one or more licensed professional counselors or marriage and family therapists.
(b) Contact the selected therapist or counselor to determine whether the therapist or counselor offers services to minors and is not already at maximum capacity.
(c) Provide these name of the selected therapist or counselor to the department as a list in an email, text or letter labeled counselor recommendations.
3. Once the department receives the list of therapist and counselor recommendations, it shall set up an initial appointment for the child to see the therapists or counselors within thirty‑one days after the department receives the list.
D. A state department or a nonprofit organization shall provide all therapists and counselors in this state a document that is authored by a person with a degree in Psychology, that outlines the basic categories of emotional abuse and that provides specific examples and details about aspects of emotional abuse that foster children are in greater danger of experiencing, including the specific danger of being told that the child's biological parents or family do not love them or want them.
E. The department shall:
1. Provide transportation to bring the child from the state placement to the therapist or counselor appointment at the appropriate time, pay the therapist or counselor for the session according to the therapist's or counselor's standard hourly rate and return the child to the state placement after the appointment.
2. Before the first session, inform the therapist or counselor that the therapist or counselor must ascertain whether the child is experiencing emotional abuse at the child's present placement.
F. After one session with the child, the therapist or counselor shall indicate whether more sessions with the child are needed to be able to ascertain whether the child is experiencing emotional abuse. If the therapist or counselor indicates that more sessions are needed, the department shall make appointments for up to four more sessions.
G. Within seven days after the last session with the child, the therapist or counselor shall prepare and submit a report about whether the child is experiencing emotional abuse at the child's State Placement. A physical copy of the report shall be mailed, faxed or handed to the department and the biological parents.
H. If the report indicates that emotional abuse is occurring, the placement constitutes a Tier 4 danger, and the department shall remove the child as provided in section 8‑903.
8-905. Police investigations of abuse allegations
A. If a child reports to a social worker, a court appointed special advocate or the department's centralized intake hotline that the child is being physically or sexually abused, the department shall report these allegations to the appropriate law enforcement agency within six hours after receiving the information. The law enforcement agency shall investigate the allegations. If the law enforcement agency finds supporting evidence or corroborating testimony, the law enforcement agency shall charge the abuser with a criminal offense.
B. If a child reports to a social worker or to the department's centralized intake hotline that the child is being sexually abused or trafficked, the department shall:
1. Add the name and address of the complainant, the name and address of the alleged perpetrator and the date of the claim to a list of sexual abuse allegations from possible victims.
2. Make this information available on request to any official of an antitrafficking organization that is qualified as a nonprofit charitable organization under section 501(c)(3) of the United States internal revenue code. If the organization requests the list of sexual abuse allegations from possible victims, the department shall provide that organization with a list of the information regarding all allegations made within the last three hundred sixty‑five days. This information shall be provided within fourteen days after the request.
C. If a law enforcement agency is required to do an investigation involving a department placement or an adoption, a certified professional criminal investigator may investigate that same situation after the law enforcement investigation. If the certified professional criminal investigator discovers important evidence that the law enforcement agency did not find, the law enforcement agency shall pay to the certified professional criminal investigator a reasonable amount of money for finding this evidence.
D. If the level of evidence missed by the law enforcement agency is potentially indicative of corruption, the certified professional criminal investigator may take legal action against the law enforcement agency. In this legal action, the court shall use a jury to determine if the evidence is serious enough to warrant an investigation of the law enforcement agency. The investigation must consider evidence and circumstances to determine if a conflict of interest led to the department or an individual law enforcement officer intentionally ignoring evidence. If the jury finds that a conflict of interest led to the department or an individual law enforcement officer intentionally ignoring evidence, the law enforcement agency shall reimburse the certified professional criminal investigator for the time spent and expenses incurred.
8-906. Foster child phone access; definition
A. The department shall provide Each child in the custody of the department of child safety who is over three years of age a basic cell phone within two weeks after the child is taken into the custody of the Department.
B. Before giving the phone to the child, the Department shall set up the phone with key contacts on speed dial, including:
1. The court appointed special advocate for the child.
2. The Child safety worker for the child.
3. The foster parents of the child.
4. The Department's centralized intake Hotline number.
5. The biological parents of the child, except if a parent has been convicted of sexual abuse or domestic violence, the convicted parent may be not added as a contact.
C. When the phone is given to the child, the Department shall give the child information about the phone, including:
1. That the phone is to ensure the child's safety and that the child can use it to call for help if needed.
2. That the phone allows the child to keep in contact with the child's friends and biological family, and the child can call 911 or an Abuse Hotline if someone is hurting or scaring the child.
3. A warning against texting and calling adult strangers.
4. If the Child is at least six years of age, how to charge the phone. If the child is under six years of age the foster parent shall be instructed to keep the phone charged for the child.
5. That the child is required to answer the phone any time "Child safety worker" shows up on the caller identification for an incoming call. The Social Worker shall explain to the child that this method helps to protect the child's access to the child's phone, so that the child is never in a dangerous situation without a method to call for help.
D. The Department shall pay for the phone, the charger and the monthly service fees.
E. A person may not deprive a foster child of the child's phone. If a foster parent takes the phone from the child or allows other children in the household to take the phone and the foster parent does not return the phone to the child within one hour after the request, the Department shall pay only half of the ordinary amount of money provided to the foster parent for the care of that child for the next month.
F. A child safety worker shall check on each child in the child safety worker's care by calling the child on the phone at least once a month. The child safety worker shall call at random times but may not call during school hours. If the child answers the phone, the Child safety worker shall ask about the child's well-being. If the child indicates that all is reasonably well, the monthly phone checkup is complete. If the child indicates that there is abuse occurring, the placement constitutes a Tier 4 danger, and the department shall take action as prescribed in section 8‑903. If the Child safety worker calls and does not receive an answer, the child safety worker may call again as many times as the child safety worker wants within forty‑eight hours. if the child still has not answered the phone, the Child safety worker shall go immediately to the placement location and personally verify whether the child is in possession of the phone. If the child:
1. Does not have the phone, the penalty prescribed in subsection E of this section shall be applied to the Foster Parent.
2. Has the phone but it has a dead battery, the Child safety worker shall make sure that the child has a working charger and instructions on how to charge the phone. For a child who is under six years of age, the Child safety worker shall remind the Foster Parent to keep the phone charged. If the child is under six years of age and the foster parent fails to keep the phone CHARGED a subsequent time, the Foster Parent shall be assessed a $50 penalty to be paid to the Child safety worker as a reimbursement for the inconvenience.
3. Has the phone and working batteries and the child did not notice the calls or chose to ignore the calls from the Child safety worker, the child must be reminded that the phone is to ensure the child's safety and that the child is required to answer the phone when the Child safety worker shows up on the caller identification. The Social Worker shall explain again to the child that without this practice, someone could steal the child's phone, and that this method helps to protect the child's access to the child's phone, so that the child can call people if the child is being hurt or is in danger.
G. For the purposes of this section, "basic cell phone":
1. Means any make or model of cell phone that has a functional battery and that allows for texting and phone calls without blocked phone numbers.
2. Does not include a smart phone.
8-907. Missing children data collection; prohibited return; definition
A. An adult in any child placement shall report a missing child within two hours after the child is determined to be missing. If a child who is in the custody of the department is reported missing, the department shall determine and submit to the appropriate local law enforcement agency the following information:
1. The time and date when the child was reported missing.
2. The identity of the person who reported the child missing, including the person's name and relationship to the child.
3. The reason why the child was initially taken from the biological parents including allegations of physical abuse, sexual abuse, neglect or medical abuse.
4. The current age of the child.
5. Whether the child is delinquent or dependent.
6. The type of placement the child is missing from.
7. The address of the child's most recent placement.
8. The first and last name of each adult who lives at the child's most recent placement.
9. Whether the parents made statements of intention of taking the child and the name of the person who claims to have heard or read this statement.
10. Whether the child stated an intent of running away and the name of the person who claims to have heard or read this statement.
11. Whether the child had alleged physical abuse at the most recent placement.
12. Whether the child had alleged sexual abuse at the most recent placement.
13. Whether the child had expressed fear of returning to the most recent placement.
14. Whether other children have previously alleged abuse at the missing child's most recent placement or from any of the adults living at that address.
15. Whether another child in the missing child's most recent placement is a delinquent.
16. Whether a biological parent of the missing child has reported hearing from that child that sexual abuse was occurring at the most recent placement.
17. Whether a biological parent of the missing child has reported hearing from that child that physical abuse was occurring at the most recent placement.
18. Whether a biological parent of the missing child has seen bruises or marks on the parent's child, relevant to the time period that the child resided at the most recent placement, and whether that parent took pictures to document these marks.
19. Whether any call has been made to the department's centralized intake Hotline from anyone other than the missing child or the child's biological parents regarding the missing child's most recent placement or from any of the adults living at that address.
20. Whether any adult living at the child's most recent placement has a criminal record and, if applicable, what charges and convictions are in those records.
21. Whether any adult living at the child's most recent placement is a registered sex offender.
22. Whether another child has previously gone missing from the most recent placement.
23. The address and adults present at the location where the child was last seen, along with a description of the activity the child was most recently seen doing.
B. A department employee or agent may not lie, falsify evidence or withhold relevant evidence, whether exculpatory evidence or evidence of danger, in any department report or file or before any judge.
C. If a missing child is found and recovered and a situation described in subsection A, paragraph 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 or 21 is true about the most recent placement or the child has indicated a fear of returning to the most recent placement, the department may not return that child to the most recent placement and shall return the child to a biological parent or find another, safer, placement for the child.
D. For the purposes of this section, "most recent placement" means the placement at which the child was located when the child went missing.
8-908. Violations; classification
A. Except as provided in subsection B of this section, a child safety worker who does not add information to the placement information file required by section 8‑902 within forty‑eight hours after the information is received by the department is guilty of a class 4 felony.
B. A child safety worker who does not add information relevant to a sexual abuse risk to the placement information file required by section 8‑902 within forty‑eight hours after the information is received by the department is guilty of a class 2 felony.
c. If the department determines that a placement constitutes a tier 2 danger, a tier 3 danger or a tier 4 danger, a child safety worker who is responsible for a child in the placement and who fails to remove the child as required by section 8‑903 is guilty of a class 3 felony.
d. If the department determines that a placement constitutes a tier 5 danger, a child safety worker who is responsible for a child in the placement and who fails to remove all of the children in that placement as required by section 8‑903 is guilty of a class 2 felony.
e. If the department determines that a placement constitutes a tier 3 danger, a child safety worker who is responsible for a child in the placement and who fails to interview the child at the placement as required by section 8‑903 is guilty of a class 4 felony.
F. A child safety worker who is aware of an emotional abuse indicator prescribed in section 8‑904 related to a child in the custody of the department and who does not see that emotional screening is provided as prescribed in section 8‑904 is guilty of a class 6 felony.
G. If a child reports to a child safety worker that the child is a victim of physical or sexual abuse and the child safety worker does not report the allegation to the appropriate law enforcement agency, the child safety worker is guilty of a class 6 felony.
H. If an official of an antitrafficking organization that is qualified as a nonprofit charitable organization under section 501(c)(3) of the United States internal revenue code requests the list of sexual abuse allegations from possible victims and the department does not provide that organization with a list of the information regarding all allegations made within the last three hundred sixty‑five days, the DEPARTMENT is liable for a civil penalty of $10,000 for each day beyond the fourteenth day that the department fails to provide This information.
I. If a child in the custody of the department is not provided a basic cell phone as prescribed in section 8‑906, the child safety worker who is responsible for the child is guilty of a class 1 misdemeanor.
J. If a foster parent does not report that a child in the foster parent's custody is missing within twenty‑four hours after the child is discovered to be missing, the foster parent is guilty of a class 6 felony.
K. If a child is reported missing to the department and the department does not submit to the appropriate law enforcement agency the information prescribed by section 8‑907 within forty‑eight hours after the report is made, the DEPARTMENT is liable for a civil penalty of $10,000 for each day beyond the forty‑eight hour period that the department fails to provide This information.
L. A department employee or agent who lies, falsifies evidence or withholds relevant evidence in any department report or file or before any judge is guilty of a class 6 felony.