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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: GOV DP 4-2-0-1 | HHS W/D |
HB 2035: DCS; kinship care placement; requirement
Sponsor: Representative Fink, LD 27
Caucus & COW
Overview
Requires the Arizona Department of Child Safety (DCS) and the courts to identify, notify and consider adult relatives, extended family members and persons with a significant relationship to a child for kinship foster care placement when a child is taken into custody.
History
Kinship Foster Care
DCS established kinship foster care services to promote placement of a child in the custody of DCS with the child's relative. Kinship foster care parents may be eligible to receive full foster care financial benefits and temporary financial assistance. DCS must provide kinship foster care parents with certain nonfinancial services and information about the resources available to them (A.R.S. § 8-514.03).
Temporary Custody, Initial Search and Documentation
If a child is placed in the temporary custody of DCS, the department must conduct a search to identify and notify the child's adult relatives and persons with a significant relationship to the child. This search for relatives or persons with a significant relationship to the child must include interviews with specified persons, a comprehensive search of relevant records and other means that are likely to identify one of these persons. In addition, DCS is required to provide documentation with the court containing the completed due diligence search efforts that specify the steps taken by DCS to locate possible kinship foster care placements. Any person identified as a possible kinship foster care parent through this search must be provided written notice that includes information about the child's current situation, the options available to them, the process to become a foster parent and the resources available for foster parents (A.R.S. § 8-514.07).
Preliminary Protective Hearings
A preliminary protective hearing is held within five to seven days of a child being taken into temporary custody by DCS. Statute dictates who must be and may be present at this hearing and the court's obligation to advise a parent or guardian of their rights. During the hearing the court must follow specific procedural requirements that include instructions on what factors are relevant, specific information that a parent, guardian or child must be informed of and what information DCS must provide. At the conclusion of the hearing, if the child is not returned to their parent or guardian, the court must enter orders regarding the placement of the child (A.R.S. § 8-824).
Provisions
1. Adds extended family member to the list of individuals:
a. DCS can place a child who has been removed from their home and is in DCS custody; and
b. DCS must identify and notify of statutory processes if a child is taken into temporary custody (Sec. 2 and 3)
2. Requires DCS to presume that placing a child with a relative, extended family member or someone with a significant relationship is in the child’s best interest. (Sec. 2)
3. Directs DCS, if determined that a kinship foster care placement is not in the best interest of the child, to provide to the kinship foster care parent applicant in a written notice why the placement is not in the best interest of the child. (Sec. 2)
4. Specifies that DCS must provide written notice to adult relatives of a child, extended family members and persons with a significant relationship with a child that is taken into temporary custody. (Sec. 3)
5. Instructs DCS to file with the court documentation that includes written responses received from adult relatives of the child, extended family members or persons with a significant relationship to the child. (Sec. 3)
6. Applies foster care rights to children in kinship foster care. (Sec. 4)
7. Updates placement rights to emphasize placement with relatives, extended family members or people with significant relationships unless not in the child’s best interest. (Sec. 4)
8. Details that a child in foster care or kinship foster care be placed with or in close proximity to their siblings and visit their siblings when the placement or visit does not pose a risk to the child or their siblings' safety. (Sec. 4)
9. Adds to foster care or kinship foster care rights for children to be updated every 30 days on the status of them being placed in kinship foster care or in a care setting with their siblings. (Sec. 4)
10. Requires the court, at a preliminary protective hearing, to presume placement of the child with an adult relative of the child, an extended family member or person who has a significant relationship with the child is in the best interest of the child. (Sec. 6)
11. Directs the court, at a preliminary protective hearing, to make written findings of fact and conclusions of law on the record. (Sec. 6)
12. Requires the court, at an initial dependency hearing, to:
a. determine whether DCS is actively searching for and assessing relatives and extended family;
b. order placement with an adult relative, extended family member, or person with a significant relationship if available and in the child’s best interest within 48 hours after the hearing; and
c. make written findings of fact and conclusions of law on the record. (Sec. 7)
13. Defines extended family member as an adult person who has a connection to a child by marriage to a biological family member of the child. (Sec. 1 and 5)
14. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5 ,6 and 7)
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18. Initials ML HB 2035
19. 2/20/2026 Page 0 Caucus & COW
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