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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
FACT SHEET FOR h.b. 2611
group homes; safety; training; rights
Purpose
Modifies the rights of foster care children and drug screening requirements of group foster home employees. Requires the Department of Child Safety (DCS) and the Department of Health Services (DHS) to develop and implement rules for group foster homes and juvenile group homes respectively, relating to employee screening and resident safety.
Background
DCS's primary purpose is to protect 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).
A child in foster care has various outlined 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; 6) report a violation of personal rights without fear of punishment, interference, coercion or retaliation; and 8) understand and have a copy of all outlined rights (A.R.S. § 8-529).
DCS must develop and implement policies and procedures to conduct random quarterly drug screening of employees of a group foster home as prescribed. An employee of a group foster home must receive an initial drug screening before having any contact with any child living at the group foster home, and DCS may conduct drug random drug screening of any group foster home employee who is involved in an accident or incident in which a child who lives at the group home is injured. The group foster home must submit the results of all random drug screening to DCS within 48 hours after receiving the drug screening results (A.R.S. § 8-530.06).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. 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.
2. 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.
3. Requires a copy of foster and kinship foster children rights to be posted in a conspicuous place in all group foster homes, rather than all group homes.
4. Requires a group foster home to submit verification of the completion of random quarterly drug screening, and the results of the screening, to DCS.
5. Directs DCS to report all results of submitted drug screenings, including:
a) positive results;
b) negative results;
c) the refusal of an employee to submit to a random drug screening; and
d) any incident of tampering with a drug screening specimen or result.
6. Requires, rather than allows, DCS to conduct drug screening of any group foster home employee if the employee is involved in an accident or incident in which a child who lives at the group foster home is injured.
7. Specifies that a group home must report a positive drug screening result, an employee's refusal to submit to a drug screening or the tampering of a drug screening specimen or result to DCS within 48 hours after receiving the positive result or after the refusal or incident of tampering.
8. Requires a group foster home, on receipt of an employee's positive or nonnegative drug screening result, on an employee's refusal to submit to a drug screening or on an incident of tampering with a drug screening specimen or result, to immediately remove an employee from all contact with any child who is a resident of the group foster home until additional confirmatory drug screening and review screening by a medical professional occurs.
9. Requires a group foster home to terminate an employee from employment if the confirmatory testing results in a positive result for the presence of an illegal or unauthorized substance.
10. Requires DCS to develop and implement rules, policies and procedures in group foster homes that:
a) require comprehensive background checks that include a complete criminal history check, substance use screening and verification of references for all group foster home employees;
b) require mandatory training in trauma-informed care, mental health crisis management and first aid for all group foster home employees;
c) prohibit group foster home employees from using personal cell phones while at the group foster home;
d) establish mechanisms for reporting staff misconduct or neglect;
e) require the group foster home to document and verify that a child who is living in a group foster home attends medical and mental health care appointments; and
f) establish reporting and follow-up policies to prevent medical neglect and ensure the continuity of care for a child who is living in a group foster home.
11. Requires DHS to develop and implement rules, policies and procedures for juvenile group homes that:
a) require minimum security standards for group homes that include secure entry and exit, functional locks and monitored common areas;
b) establish trauma-informed safety protocols that prevent grooming and exploitation of, and unauthorized exits by, residents;
c) allow unannounced inspections and independent audits by the group home's licensing authority;
d) establish technology policies that limit or monitor telephone use by residents and that provide appropriate security through the use of applications and technology; and
e) prohibit group home employees from sharing residents' personal information or schedules.
12. 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.
13. 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.
14. Modifies the definition of family and service team, in the context of the development of a congregate care plan, to include a designated advocate.
15. Defines group home, licensing authority and resident.
16. Designates this legislation as the Youth Safety, Rights and Mental Health Protection Act.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes technical changes.
House Action Senate Action
HHS 2/10/26 W/D HHS 3/25/26 DPA 7-0-0
GOV 2/19/26 DPA 5-0-1-1
3rd Read 3/4/26 51-2-6-0-1
Prepared by Senate Research
March 26, 2026
MM/SDR/hk