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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
department of child safety; continuation.
Purpose
Continues the Arizona Department of Child Safety (DCS) for four years. Requires DCS to investigate and determine if a mother is a qualifying medical cannabis patient in cases of suspected neglect and prenatal cannabis exposure. Requires DCS, before increasing the child placement rate for a child welfare agency or group foster home, to submit the proposed rate change to the Joint Legislative Budget Committee (JLBC) at least 90 days before the proposed rate increase is to take effect. Removes the requirement that a legislator and legislative staff member sign a form outlining confidentiality laws and penalties for further release of DCS information before the legislator discusses DCS information with another legislator.
Background
Laws
2014, Second Special Session, Chapter 1, established DCS to protect
children by:
1) investigating reports of abuse and neglect; 2) assessing, promoting and
supporting the safety of children in a safe and stable family or any other
appropriate placement in response to allegations of abuse or neglect; 3) working cooperatively with law enforcement in
regard to reports that include criminal conduct allegations; 4) coordinating
services to achieve and maintain permanency for children without compromising
their safety; and 5) strengthening families and providing prevention,
intervention and treatment services (A.R.S.
§ 8-451). DCS is overseen by a
Governor-appointed director that must have administrative experience in
both the protection of children and family support services, as well as possess
the necessary qualifications and training to manage DCS affairs (A.R.S. § 8-452).
The Senate Health and Human Services Committee of Reference (COR) held a public meeting on January 3, 2024, to review and evaluate DCS's response to the sunset review factors and receive public testimony. The COR recommended that DCS be continued for four years until July 1, 2028 (COR Report). DCS is set to terminate on July 1, 2024, unless continued by the Legislature (A.R.S. § 41-3024.06).
Statute requires the Director of DCS to establish an inspections bureau that: 1) ensures that DCS policies and procedures are being followed by all staff in accordance with federal and state law; and 2) promptly notifies the Director of DCS actions that constitute a significant violation of policy or state or federal law (A.R.S. § 8-458).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
DCS Continuation
1. Continues, retroactive to July 1, 2024, DCS until July 1, 2028.
2. Repeals DCS on January 1, 2029.
DCS Regulations
a) DCS suspects the mother of engaging in neglect; and
b) a health professional determines that the mother's newborn infant was exposed prenatally to cannabis.
4. Requires the DCS inspections bureau to submit a report to the Joint Legislative Oversight Committee on DCS, at least 30 days before a proposed change in a standardized hotline assessment tool is implemented, clearly stating the justification for the proposed change if it is not a result of legislative action or an adopted administrative rule.
6. Removes the requirement that a legislator and legislative staff member sign a form outlining confidentiality laws and penalties for further release of DCS information before:
a) requesting access to DCS information; or
b) the legislator discusses DCS information requested in the regular course of duty with another legislator.
7. Requires DCS, by November 1, 2024, to submit a report to JLBC detailing all requests received, as of January 1, 2023, for child placement rate increases for child welfare agencies and group foster homes, including DCS's justification for approval or denial of an increase request.
Miscellaneous
8. Defines standardized hotline assessment tool as any written tool used to make a determination that an allegation of abuse or neglect that is the subject of a report received through DCS's centralized intake hotline involves conduct that warrants DCS investigation.
9. Makes technical and conforming changes.
10. Contains a purpose statement.
11. Becomes effective on the general effective date, with a retroactive provision as noted.
Amendments Adopted by Committee
1. Requires DCS to verify whether a mother is a qualifying medical cannabis patient and possesses a valid registry identification card, if:
a) DCS suspects the mother of engaging in neglect; and
b) a health professional determines that the mother's newborn infant was exposed prenatally to cannabis.
2. Requires the DCS inspections bureau to submit a report to the Joint Legislative Oversight Committee on DCS, at least 30 days before a proposed change in a standardized hotline assessment tool is implemented, clearly stating the justification for the proposed change if it is not a result of legislative action or an adopted administrative rule.
3. Requires DCS, before increasing the child placement rate for a child welfare agency, foster home or group foster home, to submit the proposed rate change to JLBC in the fiscal year in which the proposed rate increase is to take effect.
4. Removes the requirement that a legislator and legislative staff member sign a form outlining confidentiality laws and penalties for further release of DCS information before:
c) requesting access to DCS information; or
d) the legislator discusses DCS information requested in the regular course of duty with another legislator.
6. Defines standardized hotline assessment tool as any written tool used to make a determination that an allegation of abuse or neglect that is the subject of a report received through DCS's centralized intake hotline involves conduct that warrants a DCS investigation.
7. Makes technical and conforming changes.
Amendments Adopted by Committee of the Whole
1. Removes the requirement that DCS report child placement rate increases for foster homes to JLBC for review.
2. Requires child placement rate increase reports to be submitted to JLBC at least 90 days before the increase takes effect.
3. Includes assessment tools used in investigations by the DCS Office of Child Welfare in the definition of standardized hotline assessment tool for purposes of training and reporting requirements.
4. Requires DCS to verify, rather than conduct an investigation to determine, whether the mother of a newborn infant who tests positive for cannabis possesses a valid medical marijuana card.
5. Makes conforming changes.
House Action Senate Action
HHS 2/12/24 DP 8-1-0-1 HHS 3/18/24 DPA 5-2-0
3rd Read 2/22/24 45-12-2-0-1
Prepared by Senate Research
March 28, 2024
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