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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: HHS DP 5-2-0-0 | Third Read 18-10-2-0-0House: HHS DPA 6-4-0-2 |
SB 1496: DCS; policies; procedures
Sponsor: Senator Werner, LD 4
Caucus & COW
Overview
Modifies Department of Child Safety policies and procedures related to the placement and care of children in its custody, including federal benefit management, placement reporting and search requirements, missing child notification procedures and the standard of proof for child abuse or neglect determinations.
History
For children in the custody of the Department of Child Safety (DCS), DCS is required to promptly determine whether the child is receiving or eligible to receive federal benefits administered by the Social Security Administration or the Veterans Administration and, if eligible, to apply for those benefits. DCS must also identify a representative payee in consultation with the child and the child's attorney, applying to serve as payee only if no other suitable candidate is available. When a child is placed in out-of-home care and requires educational services, DCS must notify the child's public education agency of the child's parent or legal guardian and provide a contact able to consent to or refuse evaluations when the parent cannot be located or does not participate. These provisions ensure that children in care have access to federal benefits and appropriate educational decision-making support.
Current law also directs DCS to respond to missing, abducted or runaway children in its care. Upon learning a child's location is unknown, DCS must notify law enforcement to enter records into state and national missing person databases, provide reports to the National Center for Missing and Exploited Children, contact relevant parents, relatives or guardians when appropriate, document all efforts to locate the child and maintain ongoing coordination with law enforcement. DCS must also ensure staff are trained on policies and procedures for locating missing, abducted or runaway children (A.R.S. §§ 8-468, 8-514.08, 8-810).
Provisions
1. Requires DCS to apply to serve as the representative payee until someone other than DCS is appointed to serve as the representative payee, rather than requiring DCS to identify a representative payee and apply to become the representative payee only if no other suitable candidate is available. (Sec. 1)
2. Removes the requirement for DCS to periodically review if someone other than DCS is available to apply to be representative payee and could better serve in that role in the child's best interest. (Sec. 1)
3. Requires DCS, following the initial application to serve as the representative payee, to remain the representative payee only if no other appropriate person is available to serve as the representative payee. (Sec. 1)
4. Instructs DCS, within 30 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, to file with the court documentation of DCS's efforts to identify an appropriate person outside of DCS who could better serve as the representative payee. (Sec. 1)
5. Requires DCS, no later than an annual screening or on the request of child or child's attorney, to consult with the parties to the case to determine if an appropriate person outside DCS and on approval by the Social Security Administration could better serve as the representative payee. (Sec. 1)
6. Requires DCS to consult with the parties whenever a change in circumstances occurs that might make an appropriate person outside DCS available to serve as the representative payee. (Sec. 1)
7. Requires DCS to update the initial report filed 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. (Sec. 2)
8. Specifies, if after the permanency hearing is held and DCS and the court determine that a child is placed with a prospective permanent placement, DCS may stop search efforts unless:
a. ordered by the court;
b. a change in the child's placement occurs; or
c. a party shows that the search is in the best interest of the child. (Sec. 2)
9. Requires DCS to provide, after receiving a report of a missing, abducted or runaway child, a notice of disappearance in writing and telephonically, rather than either in writing or telephonically. (Sec. 3)
10. Replaces references to silver alert with seek and find. (Sec. 3)
11. Specifies that determinations made by DCS and administrative judges regarding allegations of child abuse and neglect are based on a preponderance of evidence rather than probable cause. (Sec. 4)
12. Repeals statute regarding hearing processes for individuals alleged to have abused or neglected a child. (Sec. 4)
13. Makes technical and conforming changes. (Sec. 1-4)
Amendments
Committee on Health and Human Services
1. Requires the court to appoint an attorney for a child in all proceedings involving dependency or termination of parental rights before the first hearing.
2. Instructs the appointed attorney to determine whether the child has diminished capacity that would impact the child's ability to express their own opinion or make decisions for the child.
3. Requires the appointed attorney, in determining a child's capacity, to consult with the child, the child's family and any other individuals who know the child.
4. Directs the appointed attorney, if the child is at least five years old, to meet with the child no less than once a month.
5. Authorizes an appointed attorney to use substituted judgement to determine what a child would decide if the child could make an adequately considered decision when considering what is in the child's best interest if:
a. the appointed attorney determines that a normal attorney-client relationship is not reasonable possible to maintain; and
b. the child is not able to direct the legal representation due to diminished capacity or inability to express their own opinion.
6. Requires the appointed attorney to:
a. make a good faith effort to determine the child's needs and wishes;
b. consult with the child, the child's family and any other individuals who know the child; and
c. represent the child in accordance with the determination of the child's needs and wishes.
7. Requires the appointed attorney, if they believe a child is at risk of substantial physical, financial or other harm and the child does not have the capacity to act in their own interest, to either:
a. inform the court of the substantial risk of harm, considering the child's wishes, values and best interests and respecting the child's family and social connections; or
b. request that the court appoint a guardian ad litem for the child.
8. Makes technical and conforming changes.
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12. Initials AG/IG SB 1496
13. 3/24/2026 Page 0 Caucus & COW
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