ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
foster youth permanency project team
Purpose
Background
DCS was
established with the primary purpose of protecting children. Required DCS
duties necessary to achieve that purpose include: 1) investigating reports of
abuse and neglect;
2) assessing, promoting and supporting the safety of a child in a safe and
stable family; 3) working cooperatively with law enforcement regarding reports
that include criminal conduct allegations; and 4) without compromising child
safety, coordinating services to achieve and maintain permanency on behalf of
the child, strengthen the family and provide child-safety prevention,
intervention and treatment services (A.R.S.
§ 8-451).
As DCS foster care services are generally limited to individuals under the age of 18, DCS may provide extended foster care services through the Extended Foster Care Program to qualified young adults who: 1) were in DCS custody as a dependent child at the time of turning 18 years old; 2) is 18, 19 or 20 years old and is completing education, employed at least 80 hours per month, participating in a program that promotes employment or removes barriers to employment, or is unable to be a full-time student or be employed because of a documented medical condition; and 3) sign a voluntary extended foster care agreement with DCS between the young adult's 18th and 21st birthdays. The Young Adult Administrative Review Panel must review, at least every six months, each qualified young adult's voluntary extended foster care case plan, including services and supports provided and needed to assist the young adult's successful transition to adulthood (A.R.S. § 8-521.02).
According to the Joint Legislative Budget Committee fiscal note, H.B. 2704 may generate increased costs for contracts between the Team and outside professionals. The actual cost cannot be determined (JLBC fiscal note).
Provisions
1. Requires DCS to establish a Team, consisting of members who:
a) have expertise or experience in social work;
b) are attorneys with expertise in representing children or experience in child welfare law;
c) have served as guardians ad litem;
d) have served as court appointed special advocates;
e) are familiar with the child's case and have a complete understanding of the child's permanency plan preferences; and
f) are members of national organizations with experience in permanency planning policy and best practices.
2. Requires the Team to:
a) develop a methodology to identify children believed to be at risk of exiting DCS custody without a permanency placement; and
b) implement solutions to barriers to permanency for children who are likely to either be in DCS custody when the child turns 18 years old or begin participating in the Extended Foster Care Program.
3. Requires the Team to:
a) develop a methodology for selecting children who have the greatest likelihood of turning 18 years old while in DCS custody without having obtained permanency through adoption or a permanent guardianship;
b) thoroughly review the child's case file;
c) convene meetings that include the child, the child's caregivers and attorney and Team members who agree to participate in the child's case, as applicable and necessary;
d) at the initial meeting, identify barriers to permanency for each child selected and determine the assistance, resources and tools needed for the child to achieve permanency;
e) review and discuss the child's permanency plan;
f) convene ongoing meetings to evaluate the child's progress towards permanency and to amend the child's permanency action plan as necessary;
g) identify specific options to place a child with individuals or families who are willing and able to provide permanency to the child; and
h) take reasonable steps to prevent unwarranted invasions of privacy and protect the privacy and dignity of children subject to a permanency action plan.
4. Grants the Team access to all DCS documents and personnel necessary to perform Team duties.
5. Allows the Team to enter into contracts with:
a) child or adolescent psychiatrists with expertise in effective therapies and assessing proper use of psychotropic medications;
b) attorneys with expertise in social security benefits, education, immigration, disability, adoption, and DCS and child welfare policies; and
c) private investigators who can successfully locate relatives or kin of children who were not previously identified as placement options.
6. Requires DCS, by July 1, 2026, to prepare a report on the outcomes of the Team, with recommendations on how DCS may improve or enhance the Team, and submit it to the:
a) Governor;
b) President of the Senate;
c) Speaker of the House of Representatives; and
d) chairpersons of the Health and Human Services Committees of the Senate and House of Representatives, or their successor committees.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Makes the Team a pilot project.
2. Requires the Team to develop a methodology to identify children who are believed to be at risk of exiting DCS custody without a permanency placement.
3. Removes the requirement that the Director of DCS appoint DCS staff and volunteers with experience or expertise in child welfare to serve as Team members.
4. Removes the requirement that Team meetings include DCS personnel, guardians ad litem and court-appointed special advocates and instead requires the inclusion of Team members who agree to participate in the child's case.
5. Requires the Team to review and discuss a child's permanency plan, rather than establish an individualized and written plan.
6. Prescribes the membership of the Team.
7. Requires DCS, by July 1, 2026, to submit a report on the outcomes of the Team, with recommendations on how DCS may improve and enhance the Team.
House Action Senate Action
HHS 2/12/24 DP 8-1-0-1 HHS 3/12/24 DP 5-0-2
3rd Read 2/26/24 48-8-3-0-1
Prepared by Senate Research
June 12, 2024
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