|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DP 8-0-1-0 |
HB 2661: parents' rights; guardianship; notice; attestation
Sponsor: Representative Fink, LD 27
House Engrossed
Overview
Modifies the statutory parents' rights and its notice that parents, guardians and custodians (parents) have during a Department of Child Safety (DCS) investigation and outlines specific information that DCS must document in their case management system.
History
Upon first contact in an investigation, a DCS child safety worker is required to notify a parent of key rights that limit what a child safety worker can demand without consent or a court order, including the right to know the specific allegation, to refuse to cooperate or accept services, to deny entry to the home unless a court orders otherwise, to have counsel, and to refuse certain requests unless otherwise ordered by a court (A.R.S. § 8-809.01).
Statute allows a parent of a minor to use a properly executed power of attorney to temporarily delegate guardianship of that minor to another person, for up to six months (A.R.S. § 14-5104).
Provisions
1. Amends the rights, and attendant notification, that a parent has during initial contact with a child safety worker to include that:
a. the parent may delegate temporary guardianship of the child; and
b. the parent may file a complaint or notify the juvenile court if he believes that his rights have been violated. (Sec. 1)
2. Requires the notice of rights to be acknowledged by the parent providing a signed attestation that he understands the rights provided. (Sec. 1)
3. Stipulates that the failure of a parent to provide a written acknowledgment stating he was informed of any parental rights under state law is not a waiver of those parental rights. (Sec. 1)
4. Directs DCS to document in the DCS case management system if the parent provides a written acknowledgment that he was informed of any parental rights under state law. (Sec. 1)
5. Requires DCS, on initial contact with a child safety worker or when a child is placed in DCS custody, to ask the parent to identify adult relatives of, or persons with a significant relationship with, the child who may be able to provide safe placement for the child. (Sec. 1)
6. Requires DCS to document the aforementioned information, once provided, in the child's case file and the DCS case management system. (Sec. 1)
7. Makes technical and conforming changes. (Sec. 1)
---------- DOCUMENT FOOTER ---------
Initials NM HB 2661
2/25/2026 Page 0 House Engrossed
---------- DOCUMENT FOOTER ---------