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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
FACT SHEET FOR h.b. 2035
DCS; kinship care placement; requirement
Purpose
Adds extended family members to the list of persons who qualify as a kinship foster care placement and requires extended family members to be included in all investigations and proceedings related to identifying a kinship foster care placement for a child in the temporary custody of the Department of Child Safety (DCS).
Background
DCS was
established with the primary purpose of protecting children. Required DCS
duties necessary to achieve that purpose include: 1) investigating reports of
abuse and neglect;
2) assessing, promoting and supporting the safety of a child in a safe and
stable family; 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 child-safety prevention,
intervention and treatment services (A.R.S.
§ 8-451).
If a child is
taken into temporary custody, as part of the ongoing search, DCS must use due
diligence in an initial search to identify and notify any adult relatives or
any persons with a significant relationship with the child (kinship caregivers)
within 30 days. The placement of a child who is in DCS custody is determined by
the best interests of the child, and DCS must establish kinship foster care
services for a child who has been removed from the child's home (A.R.S.
§§ 8-514.03
and 8-514.07).
Laws 2023, Chapter 87 prescribed various procedures for DCS when conducting a search to identify a child's kinship caregivers, including that DCS must file documentation with the court regarding attempts made to identify and notify any kinship caregivers within 30 days of the child being taken into temporary custody and at each subsequent hearing.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the kinship foster care program to presume that the placement of a child with a kinship caregiver is in the best interest of the child, rather than promote the placement.
2. Adds extended family members as potential kinship caregivers for the placement of a child in the temporary custody of DCS.
3. Includes extended family members under procedures relating to the search for kinship caregivers when a child is taken into temporary DCS custody.
4. Adds that the right of a foster child to appropriate care and treatment in the least restrictive setting available is according to the best judgement of a foster child's adult relative, extended family member or person with a significant relationship to a child.
5. Replaces the right of a foster child to be placed with a relative when the placement is in the best interest of the child with the right to be placed with an adult relative, extended family member or person with a significant relationship with the child, unless the placement is not in the best interest of the child.
6. Grants a foster child the right to be placed with or in close proximity to the child's siblings when possible and to visit and have contact with siblings and family members when the placement, visitation or contact does not pose a risk to the child's safety or the safety of the child's siblings, rather than when it is in the best interest of the child.
7. Modifies the list of rights granted to foster children to include the right to be updated at least every 30 days on the status of DCS's efforts to place the child in kinship foster care or in a care setting with the child's siblings, if requested by the child.
8. Specifies that a copy of the rights of a foster or kinship foster child must be posted in a conspicuous place in all group foster homes, rather than all group homes.
9. Adds extended family members to the considerations of the court at a preliminary protective hearing.
10. Requires the court, at a preliminary protective hearing, to:
a) presume placement of the child with an adult relative, an extended family member or a person who has a significant relationship with the child is in the best interest of the child; and
b) make written findings of fact and conclusions of law on the record.
11. Requires the written report to include:
a) if the child is not placed with a relative, extended family member or another interested party, rather than not being placed with a grandparent, whether the child has any extended family members; and
b) DCS's efforts to identify, notify and assess extended family members of the child.
12. Requires the court, at the initial dependency hearing, to make written findings of fact and conclusions of law on the record.
13. Requires the court to order a child to be placed with an adult relative, extended family member or a person who has a significant relationship with the child if such a placement is available and in the best interests of the child.
14. Defines extended family as an adult person who has a connection to a child by marriage to a biological family member of the child.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Reverts the deadline by which DCS must submit a written report on a child’s removal to the court and the parties to the day before the preliminary protective hearing.
House Action Senate Action
GOV 2/19/26 DP 4-2-0-1 HHS 3/25/26 DP 5-2-0
HHS 2/23/26 W/D
3rd Read 3/9/26 37-15-7-0-1
Prepared by Senate Research
April 9, 2026
MM/SDR/hk