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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 appointed attorney requirements, federal benefit management, placement reporting and search requirements, missing child notification procedures, the rights granted to foster children 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).
A child in foster care has various prescribed rights, including the right to: 1) appropriate care and treatment in the least restrictive setting available; 2) live in a safe, healthy and comfortable placement; 3) attend community, school and religious services and activities; 4) have personal possessions at home that are not offensive to the foster family; 5) personal space, preferably in the child's foster home bedroom, for storing clothing and belongings; 6) receive medical, dental, vision and mental health services and to be informed about diagnoses and treatment options as appropriate; 7) report a violation of personal rights without fear of punishment, interference, coercion or retaliation; and 8) understand and have a copy of all rights (A.R.S. § 8-529).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
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. Requires a child's appointed attorney to determine whether the child has diminished capacity that would impact the child's ability to express the child's own opinion or to make decisions.
3. Requires the appointed attorney, when making a capacity determination, to consult with:
a) the child;
b) other individuals who know the child or have a significant relationship with the child; and
c) the child's family or an authorized representative of the child's family.
4. Requires the appointed attorney, upon determination that a normal attorney-client relationship is not possible to maintain and that the child is unable to direct the legal representation due to diminished capacity or an inability to express opinion, to:
a) use substituted judgement to determine what the child would decide if the child was capable of making an adequately considered decision;
b) make a good faith effort to determine the child's needs and wishes;
c) consult with the child, other individuals who know the child or have a significant relationship with the child and the child's family or an authorized representative of the child's family; and
d) represent the child in accordance with the determination of the child's needs and wishes.
5. Requires the appointed attorney, if the attorney reasonably believes that a child is at risk of substantial physical, financial or other harm and that the child does not have the capacity to adequately act in the child's own interest, to either:
a) inform the court of the substantial risk of harm, considering the wishes, values and best interest of the child and respecting the child's family and social connections; or
b) request that the court appoint a guardian ad litem for the child.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Modifies the list of rights granted to foster children to:
a) specify that the medical, dental, vision and mental health services afforded to foster children are immediate and unbiased;
b) include the right to report a violation of personal rights without fear of intimidation, rather than punishment;
c) add the right to voluntarily participate in enrichment activities; and
d) add the right to be free of bullying or discrimination.
13. Prohibits a foster parent, kinship caregiver, foster home, group foster home, group home or an 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 because the child:
a) reports a suspected violation of personal rights or participated in an inquiry; or
b) participated in an inquiry or investigation of a violation of personal rights in good faith or with a reasonable belief that the report of a violation was true.
14. Allows DCS to provide notice of a child's disappearance either in writing or telephonically, rather than requiring both.
15. 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.
16. Requires each county office that employs attorneys who are appointed to represent children in dependency or termination of parental rights proceedings to submit a report to the Governor, the Speaker of the House of Representatives and the President of the Senate by January 15, 2027, including the following:
a) the number of attorneys in each county office who are representing children in dependency or termination of parental rights proceedings;
b) the average number of children who are being represented by each attorney;
c) the range of the number of dependency or termination of parental rights cases that are assigned to each county office;
d) the number of children who are assigned to each county office by case plan goal;
e) the number and percentage of children who are contacted in person by their appointed attorney, categorized by the age of the child;
f) the number and percentage of children who are contacted by electronic means by their appointed attorney, categorized by the age of the child and the type of electronic means used;
g) the number and percentage of children who are contacted in person by another member of the child's legal team, including a social worker or other appropriately trained support staff, categorized by age and the position of the person who contacted the child;
h) the number and percentage of children who are contacted by electronic means by another member of the child's legal team, including a social worker or other appropriately trained support staff, categorized by age, the position of the person who contacted the child and electronic means used;
i) the number and percentage of preverbal children whose placement is contacted, either in person or by electronic means, by the child's appointed attorney, categorized by the means that was used to contact the child's placement; and
j) the number of preverbal children whose placement is contacted, either in person or by electronic means, by another member of the child's legal team, including a social worker or other appropriately trained support staff, categorized by the position of the person who contacted the child's placement and the means that was used to contact the child's placement.
17. Stipulates that the county office report must be compiled by month for the period of June 1, 2026, through December 31, 2026.
18. Repeals the county office report requirements on July 1, 2027.
19. Defines electronic means as telephone calls, video calls, email or text messages.
20. Defines retaliatory action to mean an action or omission that would deter a reasonable child of similar age and circumstances from making a report of a violation of personal rights and that materially adversely affects the child's:
a) placement;
b) services;
c) education
d) medical or behavioral health care;
e) privileges;
f) visitation or contact; or
g) any other conditions of placement.
21. Includes, in the definition of retaliatory actions:
a) initiating, requesting, recommending, or causing a disruption in placement, transfer or change in level of care or supervision, including a referral to a higher level of care, without documented, nonretaliatory justification;
b) denying, restricting, delaying or conditioning privileges, normal activities, visitation or contact, recreation, participation in education, services or opportunities to which the child is otherwise entitled;
c) imposing disciplinary or corrective action or more restrictive conditions not based on contemporaneous documented conduct that is not related to a report of a violation of a child's personal rights;
d) knowingly making, causing or encouraging another person to make a false, fraudulent or materially misleading statement, incident report, allegation or record about the child to relevant authorities; and
e) altering, destroying or concealing records or evidence that is related to a report of a violation of a child's personal rights.
22. Makes technical and conforming changes.
23. 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.
Amendments Adopted by the House of Representatives
1. Requires an appointed attorney, before the first hearing in proceedings involving dependency or termination of parental rights, to determine whether a child has diminished capacity that would impact the child's ability to express the child's own opinion or to make decisions.
2. Requires the appointed attorney, when making a capacity determination, to consult with the child, other individuals who know the child or have a significant relationship with the child and the child's family or an authorized representative of the child's family.
3. Requires the appointed attorney, upon determination that a normal attorney-client relationship is not possible to maintain and that the child is not able to direct the legal representation due to diminished capacity or inability to express opinion, to make outlined efforts to determine the child's needs and wishes.
4. Requires the appointed attorney, if the attorney reasonably believes that a child is at risk of substantial physical, financial or other harm and that the child does not have the capacity to adequately act in the child's own interest, to inform the court of the substantial risk of harm or request that the court appoint a guardian ad litem for the child.
5. Modifies the list of rights granted to foster children.
6. Prohibits a foster parent, kinship caregiver, group foster home, group home or an 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 because the child reports or participated in an inquiry or investigation of a violation as prescribed.
7. Requires each county office that employs attorneys who are appointed to represent children in dependency or termination of parental rights proceedings to submit a report, as outlined, to the Governor, the Speaker of the House of Representatives and the President of the Senate by January 15, 2027.
8. Repeals the county office report requirements on July 1, 2027.
9. Defines electronic means and retaliatory action.
10. Makes technical and conforming changes.
Senate Action House Action
HHS 2/11/26 DP 5-2-0 HHS 3/23/26 DPA 6-4-0-2
3rd Read 2/26/26 18-10-2 3rd Read 6/11/26 38-20-2
Prepared by Senate Research
June 11, 2026
MM/SDR/MS/hk