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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
DCS; policies; procedures
Purpose
Revises Department of Child Safety (DCS) policies and procedures governing 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.
Background
DCS is responsible for protecting the children of Arizona by: 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 or neglect; 3) working cooperatively with law enforcement regarding reports that include criminal conduct allegations; and 4) without compromising child safety, coordinating services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services (A.R.S. § 8-451).
When a child is in DCS custody, DCS is responsible for: 1) providing notice to a parent or guardian; 2) holding a preliminary protective hearing, dependency hearings and permanency hearings; 3) identifying and notifying adult relatives and persons with a significant relationship with the child; and 4) finding someone to manage or managing federal benefits for the child (A.R.S. Title 8, Chapter 4).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS to apply to serve as, rather than identify, the representative payee for a child in its care until another individual is appointed to serve as the representative payee if:
a) the child was already receiving benefits before entering DCS care; or
b) DCS applies for benefits on the child's behalf.
2. Requires DCS to consult with the parties to the case to determine whether someone other than DCS is available to apply to serve as the child's representative payee:
a) annually;
b) on the request of the child and the child's attorney; and
c) whenever a change in circumstance occurs that might make an appropriate person outside DCS available.
3. Requires DCS, following initial application to become a child's representative payee, to remain the child's representative payee only as long as no other appropriate person is available.
4. Requires DCS to document and file with the court its efforts to identify an appropriate representative payee outside DCS within 30 days after approval by the federal Social Security Administration and at each subsequent report and review hearing or permanency planning hearing.
5. Requires DCS to file an initial report, rather than documentation, regarding attempts to identify potential placements for a child taken into temporary custody within 30 days and to update the report at each subsequent report and review hearing or permanency planning hearing with any new information obtained since the filing of the last report.
6. Allows DCS to stop search efforts for a child's permanent placement after a permanency hearing determines the child is placed with a prospective permanent placement, unless:
a) ordered by the court;
b) a change in the child's placement occurs; or
c) a party demonstrates that the search is in the child's best interest.
7. Allows DCS to provide notice of a child's disappearance either in writing or telephonically, rather than requiring both.
8. Clarifies that determinations made by DCS and administrative law judges regarding allegations of child abuse or neglect are based on a preponderance of the evidence, rather than the presence of probable cause.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires DCS to document and file with the court its efforts to identify an appropriate representative payee outside DCS within 30 days after approval by the federal Social Security Administration and at each subsequent report and review hearing or permanency planning hearing.
2. Requires DCS to consult with parties to the case, rather than the child and the child's attorney, regarding whether someone other than DCS is available to serve as the child's representative payee, and to reassess availability annually, on request of the child or the child's attorney and whenever circumstances change.
3. Requires DCS to remain a child's representative payee only as long as no other appropriate person is available.
Senate Action
HHS 2/11/26 DP 5-2-0
Prepared by Senate Research
February 26, 2026
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