|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
|
|
HB 2860: DCS; independent oversight committee; sunset
Sponsor: Representative Blackman, LD 7
Committee on Government
Overview
Creates the Independent Oversight Committee on the Department of Child Safety (Committee) and the Independent Oversight Committee on the Department of Child Safety Fund (Fund).
History
The Arizona Department of Child Safety's (DCS) sole purpose is to protect children. To achieve this purpose, DCS focuses on investigating reports of abuse and neglect, promoting the safe placement of a child in response to abuse or neglect allegations, working with law enforcement regarding potential criminal conduct and coordinating services to maintain placement for children and strengthen the family through prevention, intervention and treatment services (A.R.S. § 8-451).
Laws 2017, Chapter 282 created the Joint DCS Oversight Committee (Oversight Committee) which consists of six members. The Oversight Committee reviews the following: 1) DCS's implementation of policy and procedures and program effectiveness; 2) all reports on program outcomes released by DCS to the Legislature for trends and areas for statutory improvement and audits issued by the Office of the Auditor General related to DCS; and 3) policies and procedures relating to guardianships and dependency proceedings. The Oversight Committee meets at least biannually.
Provisions
Committee Makeup
1. Establishes the Committee with membership as outlined, who serve three-year terms. (Sec. 1, 4)
2. Permits Committee members to be reappointed for one subsequent full term. (Sec. 1)
3. Directs Committee members to select a chairperson who cannot be a current DCS employee. (Sec. 1)
4. Stipulates that any Committee member who is a current DCS employee or who is a vendor with direct responsibility for DCS business cannot be a voting member. (Sec. 1)
5. Allows a Committee member to be removed by their appointing authority for any of the following:
a. neglect of duty;
b. misconduct;
c. inability to complete membership obligations; or
d. unexcused absences from three consecutive meetings. (Sec. 1)
6. Prohibits Committee members from receiving compensation except for reasonable travel expenses that must come from the Fund. (Sec. 1)
7. Requires the Committee to employ an Executive Director that:
a. serves at the pleasure of the Committee;
b. can employ experts and administrative staff;
c. can contract experts; and
d. cannot be a current DCS employee. (Sec. 1)
8. Directs Committee members to disclose all actual and potential conflicts of interest and recuse themselves from any matter the Committee is considering that does so. (Sec. 1)
9. Details that the Committee must meet at least monthly. (Sec. 1)
10. Asserts that a majority of the members constitutes a quorum for the transaction of business. (Sec. 1)
11. Makes the Committee subject to open meeting laws except when meeting in executive session to discuss protected information. (Sec. 1)
12. Deems records that contain protected information received by the Committee to be confidential and are not subject to public records statutes. (Sec. 1)
13. Outlines written procedures the Committee must adopt. (Sec. 1)
Committee Function
14. Details that the Committee is independent from DCS for the purposes of oversight, critical incident review, complaint trend analysis and performance evaluation. (Sec. 1)
15. Requires the Committee of the following:
a. review and analyze DCS's performance measures as outlined;
b. review DCS policies and practices related to specified topics;
c. review DCS staffing levels, caseload ratios, vacancies, training, retention, worker safety and supervision practices;
d. review vendor performance and compliance, incident reporting, service availability and billing integrity;
e. conduct systemic reviews that are focused on high-risk areas, including rural and tribal access, multidisciplinary coordination and timeliness of court-required action;
f. review critical incidents and patterns of critical incidents, including root cause analysis and systemic contributing factors;
g. evaluate compliance with applicable state and federal requirements;
h. maintain a complaint intake process and evaluate trends to identify systemic issues; and
i. issue written findings and recommendations and track corrective action implementation. (Sec. 1)
16. Allows the Committee to:
a. request briefings from DCS and vendors;
b. conduct site visits and program reviews;
c. convene expert panels and consult with medical, behavioral health and child welfare specialists;
d. request independent audits or evaluations;
e. enter into contracts with any services that are necessary to complete Committee business;
f. issue an urgent notification to government entities if the Committee identifies an imminent systemic risk that present substantial risk to child safety;
g. coordinate with appropriate law enforcement agencies, tribal governments, licensing agencies and child fatality or multidisciplinary review entities to reduce duplication; and
h. enter into memorandums of understanding with appropriate agencies to facilitate the sharing of confidential information. (Sec. 1)
17. Permits the Committee to refer a matter to the appropriate law enforcement agency if they identify credible evidence of criminal conduct, civil rights violations or systemic violations of law. (Sec. 1)
18. Details procedures for the Committee's referral. (Sec. 1)
Information Disclosure Requirements
19. Requires DCS to provide Committee members and staff with access to all DCS records, data and information necessary to perform the Committee's duties. (Sec. 1)
20. Stipulates that DCS must provide requested information in de-identified form and in the requested format. (Sec. 1)
21. Directs each DCS vendor to cooperate with Committee requests related to the vendor's services under DCS authority or through the vendor's contract with DCS. (Sec. 1)
22. Instructs DCS or the vendor, if the vendor believes requested information may not be disclosed, to provide, within five business days, a written explanation to the Committee as to why the requested information may not be disclosed. (Sec. 1)
23. Outlines requirements for the written explanation. (Sec. 1)
24. Authorizes the Committee to refer the failure of DCS or a vendor to provide access to DCS information in the required time frames, or to cooperate in good faith, to the Attorney General (AG). (Sec. 1)
25. Requires the AG to expediate referrals from the Committee. (Sec. 1)
26. Permits attorney fees and enforcement costs to be awarded to the Committee. (Sec. 1)
27. Outlines measures the AG may take to request and compel information disclosure compliance. (Sec. 1)
28. Instructs the Committee to establish a confidential process to receive complaints and concerns from the public and DCS employees. (Sec. 1)
29. Details requirements for the complaint review process. (Sec. 1)
30. Allows a person to report information to the Committee through the outlined process without retaliation from DCS or a DCS vendor. (Sec. 1)
31. Permits a person who believes retaliation has occurred to submit a complaint to the Committee and details proper complaint handling and investigation. (Sec. 1)
32. Prohibits a Committee member, employee or contractor from disclosing protected information except as outlined. (Sec. 1)
33. Mandates Committee members and staff complete training on confidentiality and record handling before accessing protected information. (Sec. 1)
34. Designates disclosure of protected information to a law enforcement agency as an authorized disclosure of DCS information if specified criteria are met. (Sec. 1)
35. Directs DCS, no later than 60 days after receiving a written report of the Committee's findings and recommendations, to provide a written response that meets the outlined requirements. (Sec. 1)
Progress Reports
36. Requires DCS to provide quarterly progress updates on a form prescribed by the Committee on each corrective action plan created for written response from DCS. (Sec. 1)
37. Instructs the Committee to track all corrective action plans. (Sec. 1)
38. Allows the Committee to publish de-identified progress summaries in a quarterly or annual report. (Sec. 1)
39. Specifies requirements for published Committee reports. (Sec. 1)
40. Instructs the Committee to submit:
a. quarterly reports to government entities that summarize the Committee's oversight activities, major findings and corrective plans in de-identified form; and
b. a report to government entities by December 1 of each year that includes specified items. (Sec. 1)
41. Directs the Committee to develop and maintain a publicly accessible dashboard of aggregate, de-identified child safety performance measures. (Sec. 1)
42. Asserts that a person who unknowingly discloses protected information is guilty of a class 1 misdemeanor. (Sec. 1)
Independent Oversight Committee on DCS Fund
43. Establishes the Fund consisting of Legislative appropriations, grants, gifts and donations, to be administered by the Committee. (Sec. 1)
44. Subjects Fund monies to Legislative appropriation. (Sec. 1)
45. Outlines authorized uses of Fund monies. (Sec. 1)
46. Prohibits the Committee from accepting a grant, gift or donation that may create a conflict of interest. (Sec. 1)
47. Appropriates $2,200,000 from the General Fund to the Fund in FY 2027 and from the Fund to the Committee. (Sec. 3)
48. Allocates from the monies appropriated to the Fund and the Committee:
a. $900,000 for personal services, employee-related expenses, committee executive and supporting staff salaries;
b. $600,000 for operating expenses;
c. $300,000 for contracting services, including audits, expert reviews and specialized evaluations;
d. $300,000 for start-up and secure infrastructure costs, hardware and dashboard development; and
e. $100,000 for contingency and oversight needs. (Sec. 3)
49. States the Legislature's intention that beginning in FY 2028 and each following fiscal year, the Legislature appropriate $1,800,000 to the Fund for the Committee's operation. (Sec. 3)
50. Exempts the appropriation to the Fund and Committee from lapsing. (Sec. 3)
Miscellaneous
51. Terminates the Committee on July 1, 2036. (Sec. 2)
52. Repeals statutes relating to the Committee on January 1, 2037. (Sec. 2)
53. Sets initial terms of Committee members. (Sec. 4)
54. Requires the appropriate official to make all subsequent member appointments. (Sec. 4)
55. Contains:
a. a purpose clause;
b. a severability clause; and
c. legislative findings. (Sec. 5, 6, 7)
56. Defines pertinent terms. (Sec. 1)
57. Makes conforming changes. (Sec. 1)
58.
59.
60. ---------- DOCUMENT FOOTER ---------
61. Initials ML HB 2860
62. 2/14/2026 Page 0 Government
63.
64. ---------- DOCUMENT FOOTER ---------