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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: HHS W/D | GOV DPA 5-0-1-1 | Third Read 51-2-6-0-1Senate: HHS DPA 7-0-0-0 | Third Read 17-12-1-0 |
HB 2611: group homes; safety; training; rights
Sponsor: Representative Blackman, LD 7
Senate Engrossed
Overview
Requires the Arizona Department of Child Safety (DCS) to terminate a group foster home employee who received a positive drug screening result for the presence of an illegal or unauthorized substance. Establishes requirements for employee screening for group foster homes and resident safety policies for juvenile group homes.
History
The primary purpose of DCS is to protect children. To achieve this, DCS will do and focus equally on: 1) investigating reports of abuse and neglect; 2) assessing, promoting and supporting the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse and neglect; 3) cooperating with law enforcement regarding reports that include allegations of criminal conduct; and 4) coordinating services to achieve and maintain permanency for the child, strengthen the family and provide prevention, intervention and treatment services without compromising the child's safety (A.R.S. § 8-451).
DCS must develop and implement policies and procedures to conduct random quarterly drug screening of employees of a group foster home. An employee of a group foster home may not have contact with any child living at the group foster home before an initial drug screening. DCS may conduct random drug screening of any group foster home employee if the employee is involved in an accident or incident in which a child that lives at the group foster home is injured. Group foster homes must submit the results of all random drug screening to DCS within 48-hours after receiving the drug screening results (A.R.S. § 8-530.06).
Provisions
Rights of Children in Foster Care and Kinship Foster Care
1. Prohibits a foster parent, kinship caregiver, foster home, group foster home or employee, contractor or agent of a home or facility where a child in the care of DCS is placed from taking, threatening or causing retaliatory action against a child for the child reporting a suspected violation of personal rights or for participating in an inquiry of such violation and the child making the report or participating in such in good faith or with a reasonable belief that the report was true. (Sec. 1)
2. Entitles a foster child and kinship foster care child to the right to:
a. voluntarily participate in enrichment activities; and
b. be free of bullying or discrimination. (Sec. 1)
3. Specifies that a foster child and kinship foster care child have the right to receive immediate and unbiased medical, dental, vision and mental health services and to be informed about diagnosis and treatment options as is developmentally appropriate. (Sec. 1)
4. Specifies that a foster child and kinship foster care child have the right to be placed with or in close proximity to the child's siblings when possible and to visit and have contact with siblings and family member's when the placement, visitation or contact is in the best interest of the child. (Sec. 1)
Group Foster Homes
5. Directs group foster homes to submit to DCS verification of completing random quarterly drug screenings. (Sec. 2)
6. Requires DCS to report all results of drug screening. (Sec. 2)
7. Requires a drug screening of a group foster home employee involved in an accident in which a child who lives at the group foster home was injured. (Sec. 2)
8. Instructs a group foster home to report results of group foster home employees' drug screenings within 48 hours including:
a. positive results;
b. the refusal of an employee to submit to a random drug screening; and
c. any incident of tampering with a drug screening specimen or result. (Sec. 2)
9. Instructs a group foster home to immediately remove an employee from all contact with children residing in the group foster home after receiving a positive drug screening result, a refusal to submit to a screening or an incident of tampering with the specimen or result until additional confirmatory screening and review by a medical professional takes place. (Sec. 2)
10. Specifies that, prior to terminating a group foster home employee with a positive drug screening, additional confirmation drug screening is needed from a medical professional. (Sec. 2)
11. Requires DCS to terminate a group foster home employee who receives a positive drug screening result for the presence of an illegal or unauthorized substance from employment with the group foster home. (Sec. 2)
12. Directs DCS to develop and implement rules, policies and procedures in group foster homes that:
a. require comprehensive background checks that include a complete criminal history check, substance use screening and verification of references for all group foster home employees;
b. require mandatory training in trauma-informed care, mental health crisis management and first aid for all group foster home employees;
c. prohibit group foster home employees from using personal cell phones while the employee is at the group foster home;
d. establish mechanisms for reporting staff misconduct or neglect;
e. require the group foster home to document and verify that a child who is living in a group foster home attends medical and mental health care appointments; and
f. establish reporting and follow-up policies to prevent medical neglect and ensure the continuity of care for group foster home children. (Sec. 4)
Juvenile Group Homes
13. Requires the Arizona Department of Health Services to develop and implement rules, policies and procedures for juvenile group homes that:
a. require minimum security standards for group homes that include security entry and exit, functional locks and monitored common areas;
b. establish trauma-informed safety protocols that prevent grooming and exploitation of and unauthorized exits by the residents;
c. allow unannounced inspections and independent audits by the group home's licensing authority;
d. establish technology policies that limit or monitor telephone use by residents that provide appropriate security through the use of applications and technology; and
e. prohibit group home employees from sharing residents' personal information or schedules. (Sec. 5)
Miscellaneous
14. Includes designated advocates as part of the family and service team for placing a child in a congregate care setting. (Sec. 3)
15. Defines terms. (Sec. 1, 5)
16. Cites this legislation as the Youth Safety, Rights and Mental Health Protection Act. (Sec. 6)
17. Makes technical and conforming changes. (Sec. 1-3)
Senate Amendments
1. Specifies the governmental entities that must receive DCS's drug testing results for group foster home employees.
2. Requires DCS, rather than DHS, to establish minimum security standards for group foster homes rather than juvenile group homes.
3. Details additional security standards DCS must require of group foster homes.
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7. Initials ML/AG HB 2611
8. 6/9/2026 Page 0 Senate Engrossed
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