SB1496 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-468, Arizona Revised Statutes, is amended to read:

START_STATUTE8-468. Federal benefits; dependent children; application; prohibition; accounting; notice; annual review

A. For all children in the care of the department of child safety, the department of child safety shall determine whether each child is receiving or eligible for benefits administered by the social security administration or the veterans administration within sixty days after the child enters the department's care. If the department of child safety determines that a child is eligible or may be eligible for federal benefits, the department of child safety shall apply for the benefits on behalf of the child.

B. If a child is already receiving benefits before entering the department's care or if the department applies for benefits on behalf of the child, the department shall identify, in consultation with the child and the child's attorney, a representative payee in accordance with 20 Code of Federal Regulations sections 404.2021 and 416.621 and shall apply to become the representative payee only if no other suitable candidate is available apply to serve as the representative payee until someone other than the department is appointed to serve as the representative payee. If the department of child safety is appointed to serve as the representative payee, the department:

1. May not use the child's federal benefits, other benefits, savings or assets to pay for or to reimburse the department of child safety or this state for any of the costs of the child's care.

2. May use the child's federal benefits for the child's unmet needs beyond what the department of child safety is obligated, is required or agrees to pay.

3. Shall establish an appropriate account to use and conserve the child's benefits in the child's best interest for current unmet needs and future needs in a manner consistent with federal and state asset and resource limits. The account may include any of the following:

(a) A special needs trust.

(b) A pooled special needs trust.

(d) Any other trust account determined not to interfere with social security or asset limitations for any other benefit program.

4. In addition to the requirements of prescribed in section 14-9115, shall provide an annual accounting as to the use, application or conservation of the child's federal benefits to the child, the child's attorney and the child's parents or guardians.

5. Shall periodically review if someone other than the department is available to apply to assume the role of representative payee and could better serve in that role in the child's best interests.

5. Following the initial application to serve as the representative payee, shall remain the representative payee only if no other appropriate person is available to serve as the representative payee. Within thirty days after the application to serve as the representative payee is approved by the social security administration and at each subsequent report and review hearing or permanency planning hearing, the department shall file with the court documentation of the department's efforts to identify an appropriate person who is outside of the department and who could better serve as the representative payee.

6. Not later than an annual screening or on the request of the child or the child's attorney, shall consult with the parties to the case to determine if an appropriate person who is outside of the department, and on approval by the social security administration, could better serve as the representative payee. the department shall also consult with the parties whenever a change in circumstances occurs that might make an appropriate person who is outside of the department available to serve as the representative payee.

C. The department of child safety shall notify the child, the child's parents, unless parental rights have been terminated, the child's guardian, the child's current placement and the child's attorney of any application, decision or appeal related to a child's federal benefits. In providing notice of any denial of benefits, the department shall consult with the child's attorney and appeal the denial if it is in the child's best interests.

D. The department shall annually review cases of children in the department's care to determine whether a child may have become eligible for benefits after the department's initial assessment.

E. Notwithstanding any other law, on termination of the department's responsibility for the child, the department shall release any monies remaining to the child's credit pursuant to the requirements of the funding source or, in the absence of any requirements, shall release the remaining monies to:

1. The child, if the child is at least eighteen years of age or is emancipated.

2. The person who is responsible for the child if the child is a minor and is not emancipated. END_STATUTE

Sec. 2. Section 8-514.07, Arizona Revised Statutes, is amended to read:

START_STATUTE8-514.07. Kinship foster care; relative identification and notification; due diligence search

A. If a child is taken into temporary custody, as part of the ongoing search, the department shall use due diligence in an initial search to identify and notify adult relatives of the child and persons with a significant relationship with the child within thirty days after the child is taken into temporary custody.

B. The search to identify adult relatives of the child or persons with a significant relationship with the child must include:

1. An interview with the child's parent.

2. An interview with the child.

3. Interviews with identified adult relatives.

4. Interviews with other persons who are likely to have information regarding the location of adult relatives of the child or persons with a significant relationship with the child.

5. A comprehensive search of available records that are likely to help identify and locate a person being sought, including:

(a) Employment records.

(b) Vehicle registration records.

(d) Utility accounts.

(e) Previous residential addresses.

(f) Law enforcement records.

(g) State department of corrections records.

6. Thorough inquiries by the court of the parties during case hearings.

7. Any other means the department deems likely to identify adult relatives of the child or persons with a significant relationship with the child.

C. Within thirty days after the child is taken into temporary custody and at each subsequent review and report hearing or permanency planning hearing, the department shall file with the court documentation an initial report regarding attempts made pursuant to this section or as otherwise required by the court to identify and notify adult relatives of the child and persons with a significant relationship with the child. This documentation initial report shall include a detailed narrative explaining the department's efforts to consider each potential placement and the specific outcome. The department shall update the initial report that is filed pursuant to this subsection at each subsequent report and review hearing or permanency planning hearing with any new information that has been obtained since the filing of the last report.

D. The department shall provide notice to adult relatives of the child and persons with a significant relationship with the child who are identified through the search requirements of this section. The notice shall do the following:

1. Specify that the child has been or is being removed from the child's parental custody.

2. Explain the options an adult relative of the child or a person with a significant relationship with the child has to participate in the care or placement of the child.

3. Explain that financial assistance and other forms of support are available to adult relatives of the child and persons with a significant relationship with the child with whom the child is placed.

4. Describe the process for becoming a licensed foster parent and the additional services and support that are available for children placed in approved foster homes.

5. Require an adult relative of the child or a person with a significant relationship with the child to respond within thirty days after receiving notice that the child has been removed from the home.

E. If the child is not placed with an adult relative of the child or person with a significant relationship with the child or the child is placed with an adult relative or person with a significant relationship with the child who is unable or unwilling to provide permanent placement for the child, the department shall continue to conduct an ongoing search for adult relatives of the child or persons with a significant relationship with the child. The department shall engage in search efforts

F. If, after the permanency hearing held pursuant to section 8-862, the department and the court determine that a child is placed with a prospective permanent placement, the department may stop search efforts Unless ordered by the court, a change in the child's placement occurs or a party shows that the search is in the best interest of the child.

F. G. The department shall file with the court documentation of both of the following:

1. The completed due diligence search efforts. This documentation shall include:

(a) The names of and relevant information about adult relatives of the child or persons with a significant relationship with the child.

(b) The steps taken by the department to locate and contact adult relatives of the child or persons with a significant relationship with the child.

(d) The dates of each attempted or completed contact with an adult relative of the child or a person with a significant relationship with the child.

(e) The reasons why an adult relative of the child or a person with a significant relationship with the child was not considered for temporary or permanent placement of the child.

2. All efforts for placement of the child through an interstate compact agreement pursuant to section 8-548. This documentation shall include:

(a) The names of adult relatives of the child or persons with a significant relationship with the child who were considered for an interstate placement.

(b) Any pending placement of the child through an interstate compact agreement.

(c) All potential out-of-state placements outside of an interstate compact agreement and the reasons such placements have not been initiated.

G. H. If an out-of-state placement option exists and the department has failed to file a request with the receiving state pursuant to the requirements of an interstate compact agreement pursuant to section 8-548, the court shall enter a finding that the department has not made a due diligence search and shall order the department to file a request with the receiving state pursuant to the terms of the interstate compact agreement. END_STATUTE

Sec. 3. Section 8-810, Arizona Revised Statutes, is amended to read:

START_STATUTE8-810. Missing; abducted; runaway children; notification; training; audit

A. Immediately or within twenty-four hours after receiving a report made pursuant to section 13-3620 or receiving information during the course of providing services that indicates a child who is a ward of the court or who is in the care of the department is missing, abducted or a runaway and the child's location is unknown, the department shall notify the appropriate law enforcement agency to make the record entry as follows:

1. For an abducted child, the Arizona criminal justice information system.

2. For an abducted, missing or runaway child, the national crime information center missing person database.

B. Immediately or within twenty-four hours after receiving a report of a missing, abducted or runaway child, the department shall do the following:

1. Report information on the missing, abducted or runaway child to the national center for missing and exploited children.

2. Unless it is determined by the primary investigative agency that it will hinder investigation or location efforts: ,

(a) Contact the following persons to obtain information about the child's disappearance:

(a) (i) The child's parents.

(b) (ii) The child's known relatives.

(d) (iv) The child's attorney.

(e) (v) The child's guardian or guardian ad litem.

(f) (vi) The child's court appointed special advocate.

(g) (vii) The child's school, friends or household members or other persons who may have relevant information about the circumstances surrounding the child's abduction or disappearance.

(h) (viii) Any other persons known to the department who may have relevant information regarding the child's location.

3. Unless it is determined by the primary investigative agency that it will hinder investigation or location efforts,

(b) Provide a notice of disappearance in writing and or telephonically to the following persons:

(a) (i) The child's parents.

(b) (ii) The child's known relatives.

(d) (iv) The child's attorney.

(e) (v) The child's guardian or guardian ad litem.

(f) (vi) The child's court appointed special advocate.

(g) (vii) A judicial officer in any judicial matter involving the child.

(h) (viii) The duty assistant attorney general to initiate a motion for a pickup.

(i) (ix) If the child is a member of an Indian tribe in this state, the child's Indian tribe.

C. Immediately or within twenty-four hours after receiving a report pursuant to this section, the department shall request the appropriate law enforcement agency to determine if the situation meets amber alert criteria or silver seek and find alert criteria pursuant to section 41-1728. The appropriate law enforcement agency shall document its response regarding amber alert or silver seek and find alert criteria.

D. Within forty-eight hours after receiving a report of a missing, abducted or runaway child, the department shall provide the local law enforcement agency with, and the local law enforcement agency shall provide to all local media outlets and post to social media platforms, all of the following information regarding the child and, if known, the child's abductor:

1. A complete physical description of the child and, if known, the child's abductor.

2. The last known location of the child or, if known, the child's abductor.

3. A description of the clothing the child or, if known, the child's abductor was last known to be wearing.

4. A description of any vehicle that may be involved with the child's disappearance.

5. Current photos of the child and, if available, the child's abductor.

6. A law enforcement telephone number.

7. Information regarding any offered rewards.

E. The appropriate law enforcement agency shall update social media platforms with updated information regarding the missing, abducted or runaway child.

F. For a child who has been missing or abducted or who has been a runaway for two or more years, the appropriate law enforcement agency shall work, when possible, to create an age-appropriate progression image of the child.

G. The department shall do all of the following on an ongoing basis until a missing, abducted or runaway child is located or the child reaches the age of majority:

1. Document in writing every effort the department has made to locate the missing, abducted or runaway child within ten days after the effort to locate the child is taken. The written document shall specify the notifications and documentation sent to individuals and departments pursuant to the requirements of this section.

2. Contact law enforcement every seven calendar days and document the information provided and received.

3. For a child who has been missing or abducted or who has been a runaway for two or more years, work with the national center for missing and exploited children to create an age-progression image of the child.

H. The department shall immediately develop, refine, implement and provide initial training to newly hired employees. A newly hired employee must receive this initial training before any children are assigned to the newly hired employee's caseload. The department shall conduct annual training for department employees who have direct oversight of children and the direct supervisors of those employees. The training shall include department policies for locating missing, abducted or runaway children and the requirements for ongoing efforts to locate a missing, abducted or runaway child, unless it is determined by the primary investigative agency that it will hinder investigation or location efforts. Monthly ongoing department efforts shall include all of the following:

1. Continued contact with law enforcement agencies.

2. Continued contact with the child's parents, guardian or custodian.

3. Continued contact with the child's known relatives.

4. Continued contact with current and former foster families of the child.

5. Continued contact with the child's school.

6. Continued contact with known acquaintances of the child.

7. Continued in-person searching of locations and places where the child may be found.

8. Continued review of any social media accounts that may be associated with the child or the child's known acquaintances.

9. Continued efforts with law enforcement agencies in searching for the child.

10. Continued search efforts with department field staff who have access to databases that may help in the search for information or leads regarding the missing, abducted or runaway child.

11. Referral to the department's office of child welfare investigations for assistance if exigent circumstances exist.

12. Requesting that the appropriate law enforcement agency conduct welfare checks at any location where the child may be.

I. Within twenty-four hours after a missing, abducted or runaway child is located, the department shall do all of the following:

1. Inform all of the following:

(a) All law enforcement agencies involved in the child's case.

(b) The attorney general's office.

(d) Any individuals who have received notice pursuant to subsection B, paragraph 3 of this section.

2. Have in-person contact with the child.

3. Obtain a medical exam for the child.

4. Assess the child's experiences while absent from care, including screening to determine if the child is a sex trafficking victim, and report to the appropriate law enforcement agency if it is determined that the child is a sex trafficking victim.

5. Assess the appropriateness of the child returning to the child's current placement.

6. Assess factors that contributed to the child's absence.

7. Determine the need for additional behavioral health services and support.

8. Review the case to assess the primary factors that contributed to the child being missing or abducted or a runaway and to the extent possible and appropriate respond to those factors in current and subsequent case decisions.

J. Within sixty days after September 14, 2024, the department shall develop a checklist for department specialists. The checklist shall be distributed to each caseworker to assist department specialists in fulfilling the department's duties prescribed by this section. The checklist shall have a mechanism to mark department duties as completed within the timelines specified by this section.

K. Beginning ninety days after September 14, 2024, the department shall provide a monthly report to the governor, the president of the senate and the speaker of the house of representatives. The report shall include all of the following:

1. The names of all current missing, abducted or runaway children. The names of missing, abducted or runaway children shall be kept confidential and may not be distributed outside of the monthly report.

2. An acknowledgement that the department made the notifications prescribed by this section within the prescribed time frames. If the department failed to make the notifications with within the prescribed time frames, the department shall include a detailed explanation of the reason why the notifications were not made within the prescribed time frames.

3. The department's compliance with ongoing search efforts made to locate missing, abducted or runaway children.

4. The department's compliance with subsection I of this section.

5. On the return of a runaway child to the department's care, the reason why the child ran away.

L. Within one hundred fifty days after September 14, 2024 and on a monthly basis thereafter, the department shall submit to the joint legislative budget committee, the senate health and human services committee and the house of representatives health and human services committee, or their successor committees, a report that includes all of the following:

1. The department's compliance with all of the requirements of this section.

2. The number of missing, abducted and runaway children.

3. The number of missing, abducted and runaway children who have been found.

4. The percentage of times the department was in compliance with the requirements prescribed in subsections A, B, C and D of this section.

M. If the report submitted pursuant to subsection L of this section shows a less than ninety-five percent compliance rate with the requirements prescribed in subsection L, paragraph 4 of this section for more than four consecutive or nonconsecutive months in a twelve-month period, the department shall establish a missing, abducted and runaway children unit within the department. The missing, abducted and runaway children unit shall have at least four employees with at least one employee available twenty-four hours a day. The missing, abducted and runaway children unit may enter into contracts with any vendor necessary to ensure the department is in compliance with this section. If the missing, abducted and runaway children unit is established, the unit shall submit a report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative oversight committee on the department of child safety established by section 41-1292. The report shall do all of the following:

1. Identify the reasons why the department is not in compliance with the requirements prescribed in subsections A, B, C and D of this section.

2. Identify the methods by which the missing, abducted and runaway children unit will achieve a ninety-five percent compliance rate with the requirements prescribed in subsections A, B, C and D of this section.

3. Include organizational changes that the department will make to ensure compliance with the requirements prescribed in subsections A, B, C and D of this section.

4. Recommend legislative changes that are necessary to ensure the department's compliance with the requirements prescribed in subsections A, B, C and D of this section.

N. The legislature may convene an oversight committee to address problems and deviations from policy and procedure and recommend corrective action plans. The legislature shall request an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the department shall contract with a consulting firm that is licensed by this state for investigative services. The consulting firm shall present recommendations to the oversight committee on how to improve compliance with this section.

O. The legislature may convene the joint legislative oversight committee on the department of child safety established by section 41-1292 to address concerns and deviations from policy and procedure and provide recommendations. The legislature may request an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the independent audit shall provide recommendations for improving the department's efforts to locate missing, abducted or runaway children. If the joint legislative oversight committee on the department of child safety determines that the department, after the establishment of the missing, abducted and runaway children unit, has failed to meet the requirements of subsection M of this section for a period of more than two months, the department shall contract with a consulting firm that is licensed by this state for investigative services. The consulting firm shall present recommendations to the joint legislative oversight committee on the department of child safety on how to improve compliance with this section. END_STATUTE

Sec. 4. Section 8-811, Arizona Revised Statutes, as amended by Laws 2024, chapter 47, section 5, is amended to read:

START_STATUTE8-811. Hearing process; definitions

A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8-804 and of that person's right:

1. To receive a copy of the report containing the allegation.

2. To a hearing before the entry into the central registry.

B. The department shall provide the notice prescribed in subsection A of this section by first class mail or by personal service no more than fourteen days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the department within twenty days after the mailing or personal service of the notice by the department.

D. The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8-456, 8-807, 8-807.01 and 13-3620.

E. If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation. If the department determines that there is no probable cause that the accused person engaged in the alleged conduct The proposed finding is not supported by a preponderance of the evidence, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.

F. Notwithstanding section 41-1092.03, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection E of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless:

1. The person is a party in a pending civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.

2. The person is a party in a pending juvenile proceeding in which the allegations of abuse or neglect are at issue.

3. A court or administrative law judge has made findings as to the alleged abuse or neglect.

4. A court has found that a child is dependent or has terminated a parent's rights based on an allegation of abuse or neglect.

G. If the court or administrative law judge in a pending proceeding described in subsection F, paragraph 1 or 2 of this section does not make a finding of abuse or neglect and the matter is no longer pending in that forum, the person has a right to a hearing pursuant to subsection F of this section.

H. If the court or administrative law judge in a proceeding described in subsection F of this section has made a finding of abuse or neglect, the finding shall be entered into the central registry as a substantiated report.

I. If the department does not amend the information or finding in the report as prescribed in subsection E of this section, the department shall notify the office of administrative hearings of the request for a hearing no not later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days. The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.

J. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

1. A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.

2. A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

3. The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.

4. The reporting source is not required to testify.

5. A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

6. If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse or neglect shall be entered. On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.

K. On completion of the presentation of evidence, the administrative law judge shall determine if probable cause exists to sustain the department's finding that the parent, guardian, employee of a child welfare agency where the child was placed that was licensed by and contracted with the department at the time of the abuse or custodian abused the child or the parent, guardian or custodian neglected the child the proposed finding is supported by a preponderance of the evidence. If the administrative law judge determines that probable cause exists to sustain the department's finding of abuse or neglect The proposed finding is supported by a preponderance of the evidence, the sustained finding shall be entered into the central registry as a substantiated report. If the administrative law judge determines that probable cause does not exist to sustain the department's finding the proposed finding is not supported by a preponderance of the evidence, the administrative law judge shall order the department to amend the information or finding in the report.

L. When the department is requested to verify pursuant to section 8-807, if the central registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998. If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding. If the report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing. The department shall not send this notification if the person was a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect were at issue. The provisions of this section shall apply to the person's appeal.

M. The department shall provide the parent, guardian or custodian who is the subject of the investigation and the person who reported the suspected child abuse or neglect if that person is the child's parent, guardian or custodian with a copy of the outcome of the investigation at one of the following times:

1. If the report is unsubstantiated.

2. If probable cause exists that abuse or neglect has occurred the proposed finding is supported by a preponderance of the evidence but a specific person is not identified as having abused or neglected the child.

3. After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.

4. After a final administrative decision has been made pursuant to section 41-1092.08.

N. For the purposes of this section:

1. "Amend the finding" means to change the finding from substantiated to unsubstantiated.

2. "Amend the information" means to change information identifying the accused of having abused or neglected a child. END_STATUTE

Sec. 5. Repeal

Section 8-811, Arizona Revised Statutes, as amended by Laws 2024, chapter 127, section 5, is repealed.