HB2615 - 572R - Senate Fact Sheet

Purpose

Establishes the Independent Oversight Committee on the Department of Child Safety (DCS IOC) and outlines membership, duties and reporting requirements.

Background

Laws 2014, Second Special Session, Chapter 1 established DCS to protect 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. The Director of DCS (Director), is appointed by the Governor and must have administrative experience in family support services, the protection of children from maltreatment and possess qualifications that enable them to manage the affairs of DCS (A.R.S. §§ 8-451 and 8-452).

The strike-everything amendment to H.B. 2615 appropriates $2,200,000 from the state General Fund (state GF) in FY 2027 to the DCS IOC.

Provisions

DCS IOC

1. Establishes the DCS IOC consisting of the following members:

a) two members of the Senate who are appointed by the President of the Senate and who are from different political parties;

b) two members of the House of Representatives who are appointed by the Speaker of the House of Representatives and are from different political parties;

c) two members who are appointed by the Governor and have demonstrated experience in child welfare administration, auditing, investigations, systems improvement or performance management;

d) one member who is appointed by the Attorney General (AG);

e) one member who is appointed by the Chief Justice of the Arizona Supreme Court and who has experience in juvenile law, dependency or court administration;

f) one member who is appointed by the Governor and who is a licensed physician;

g) one member who is appointed by the Governor and who is a licensed mental health professional with experience in trauma-informed care and child welfare;

h) one member who represents a federally recognized Indian tribe in Arizona who is appointed through tribal consultation facilitated by an organization representing tribes in Arizona, if a member is not appointed within 60 days after the appointment request the member must be appointed by the Governor;

i) one member who is appointed by the Governor and who represents foster parents;

j) one member who is appointed by the Governor and has experience in the child welfare system and who may be a previous child that was in care and custody of DCS.

k) one member who is appointed by the Governor that represents a county attorney's office, a law enforcement agency or a child maltreatment investigative unit and who has experience with the child welfare system; and

l) one member who is appointed by the Chief Justice of the Arizona Supreme Court or a designee of the Chief Justice that represents a court-appointed special advocate organization or volunteer advocate program.

2. Requires DCS IOC members (members) to annually select a chairperson.

3. Prohibits a current DCS employee from being the chairperson of the DCS IOC and any member that is a current employee or a vendor with direct responsibility for DCS from being a voting member.

4. Specifies that members serve three-year terms and allows members to be reappointed for one subsequent full term.

5. Allows a member to be removed by the member's appointing authority for:

a) neglect of duty;

b) misconduct;

c) inability to complete membership obligations; or

d) unexcused absences from three consecutive DCS IOC meetings.

6. Specifies that members serve without compensation except for reasonable travel expenses and requires reimbursements to be made from the monies appropriated to the DCS IOC.

7. Requires the DCS IOC to employ an Executive Director that serves at the pleasure of the DCS IOC.

8. Prohibits the Executive Director from being an employee of DCS and allows the Executive Director to employ experts and administrative staff and contract with experts.

9. Requires members to disclose all actual and potential conflicts of interest and recuse themselves from any matter the DCS IOC is considering in which the member has, or may have, a conflict of interest.

10. Requires the DCS IOC to meet at least monthly.

11. Specifies that a majority of the members constitutes a quorum for the transaction of business.

12. Subjects the DCS IOC to open meeting laws, except the members must meet in executive session when discussing protected information.

13. Specifies that records received by the DCS IOC that contain protected information are considered confidential and are not subject to public records laws except in de-identified and aggregate form that is consistent with applicable state and federal law.

14. Requires the DCS IOC to adopt written procedures for:

a) secure handling, storage and transmission of protected information;

b) training for members and staff relating to confidentiality requirements;

c) de-identification standards for public reporting; and

d) receiving, triaging and responding to complaints and whistleblower communication.

15. Specifies that the DCS IOC is independent from DCS for the purposes of oversight, critical incident review, complaint trend analysis and performance evaluation.

16. Requires the DCS IOC to:

a) review and analyze DCS's performance measures, including:

i. child safety outcomes;

ii. the recurrence of maltreatment;

iii. DCS response times to child welfare allegations;

iv. child placement stability;

v. timelines for permanency placement;

vi. incidents of runaway children that are in DCS care;

vii. the use of congregate care;

viii. rates of reentry; and

ix. any other indicators that are identified by the DCS IOC.

b) review DCS policies and practices on:

i. hotline screening;

ii. investigations;

iii. safety planning;

iv. removal of a child from the child's home;

v. reunification of a child with the child's parent or guardian;

vi. guardianship;

vii. adoption; and

viii. care of a child after the child leaves the custody of DCS.

c) review DCS staffing levels, caseload ratios, vacancies, training, retention, worker safety and supervision practices;

d) review vendor performance, vendor contract compliance, incident reporting, service availability and billing integrity;

e) conduct systemic reviews that are focused on high-risk areas, including rural and tribal access, multidisciplinary coordination and timeliness of court-required action;

f) review critical incidents and patterns of critical incidents, including root cause analysis and systemic contributing factors;

g) evaluate compliance with applicable state and federal requirements, including confidentiality, due process requirements and child welfare mandates;

h) maintain a complaint intake process and evaluate trends to identify systemic issues; and

i) issue written findings and recommendations and track corrective action implementation.

17. Allows the DCS IOC to:

a) request briefings from DCS and vendors;

b) conduct site visits, including visits of regional DCS offices and contracted facilities, and program reviews;

c) convene expert panels and consult with medical, behavioral health and child welfare specialists;

d) request independent audits or evaluations;

e) enter into contracts for any services that are necessary to complete DCS IOC business;

f) issue an urgent notification to the Governor, Speaker of the House of Representatives and President of the Senate, if the DCS IOC identifies an imminent systemic risk that presents a substantial risk to child safety, in a manner that protects the confidentiality of DCS information that identified the substantial threat;

g) coordinate with the appropriate law enforcement agencies, tribal governments, licensing agencies and child fatality or multidisciplinary review entities to reduce duplication; and

h) enter into memorandums of understanding with appropriate agencies to facilitate the sharing of confidential information.

18. Allows the DCS IOC, if the DCS IOC identifies credible evidence of criminal conduct, civil rights violations or systemic violations of law, to refer the matter to the appropriate law enforcement agency.

19. Allows the referral to include a de-identified summary of the allegation and protected information only to the extent allowed by state and federal law, if requested by the law enforcement agency.

20. Allows a referral to a federal law enforcement agency to be made without prior approval of DCS if the DCS IOC reasonably believes the referral is necessary to protect child safety or preserve evidence.

21. Allows the DCS IOC to adopt rules relating to implementing procedures on referrals.

22. Requires DCS to provide DCS IOC members and staff with access to all DCS records, data and information, including protected information in accordance with state and federal law, that are necessary to perform the DCS IOC's duties.

23. Requires DCS to provide requested information in de-identified form and in a format that is reasonably requested by the DCS IOC.

24. Requires each DCS vendor to cooperate with requests from the DCS IOC related to services provided by the vendor to DCS.

25. Requires DCS or the vendor, if a vendor believes that the requested information cannot be disclosed, within five business days, to provide the DCS IOC with a written explanation on the reason the information cannot be disclosed.

26. Requires the written explanation to cite any legal authority that supports DCS's or the vendor's position.

27. Requires DCS to provide critical incident records as soon as practicable but within 72 hours after the request and any other requested records within 10 business days after the request.

28. Allows the DCS IOC to agree in writing to an extension for good cause.

29. Stipulates that, if the DCS IOC determines that DCS or a vendor has not provided access to DCS information in the required time frames or has failed to cooperate in good faith, the DCS IOC can refer the failure to provide information to the AG.

30. Requires the AG to expediate referrals from the DCS IOC.

31. Allows the DCS IOC to be awarded attorney fees and costs related to enforcement efforts taken.

32. Allows the AG to request compliance with the requirements through written demand and request a court order that compels compliance with the requirements.

33. Requires the DCS IOC to establish a confidential process to receive complaints and concerns from the public and DCS employees.

34. Requires the confidential process to:

a) distinguish between individual DCS case concerns and overall system issues;

b) allow for the referral of individual DCS case concerns to the Office of Ombudsman-Citizens Aide (Ombudsman), other appropriate department units, an appropriate law enforcement agency and any other state agency; and

c) ensure that systemic patterns identified through complaints that are received by the DCS IOC are selected for systemic review.

35. Allows a person to report information to the DCS IOC through the confidential process.

36. Prohibits DCS or a vendor from engaging in retaliation against a person making a report, reporting in good faith, participating in a DCS IOC review or providing testimony to the DCS IOC.

37. Allows a person who believes retaliation has occurred to submit a complaint to the DCS IOC and allows the DCS IOC to refer the complaint to an appropriate law enforcement agency for investigation.

38. Prohibits a DCS IOC member, employee or contractor from disclosing protected information except as prescribed.

39. Requires the DCS IOC to:

a) publish DCS IOC reports only in de-identified, aggregate form; and

b) ensure that information is provided in manner that is designed to prevent the identification of a child or a family.

40. Requires members and DCS IOC staff to complete training on confidentiality and record handling before accessing protected information.

41. Specifies that disclosure of protected information to a law enforcement agency is an authorized disclosure of protected DCS information if the disclosure is:

a) limited to the minimum disclosure of protected information that is required; and

b) transmitted using secure methods that are established by the DCS IOC.

42. Requires DCS, within 60 days after receiving a written report of the DCS IOC's findings and recommendations, to provide a written response that:

a) identifies each recommendation that is accepted, partially accepted or rejected;

b) provides the reason for the rejection, if a recommendation is rejected; and

c) includes a corrective action plan, if a recommendation is accepted or partially accepted, with measurable milestones, target completion dates and who is responsible within DCS for completing the recommendation.

43. Requires DCS to provide quarterly progress updates on a form prescribed by the DCS IOC on each corrective action plan.

44. Requires the DCS IOC to track all corrective action plans and allows the DCS IOC to publish de-identified progress summaries in a quarterly or annual report.

45. Requires the DCS IOC to submit quarterly reports to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Chief Justice of the Arizona Supreme Court that summarize the activities, major findings and corrective action plans in de-identified form.

46. Requires the DCS IOC, by December 1 of each year, to submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Chief Justice of the Arizona Supreme Court that includes:

a) key performance indicators and trends;

b) a summary of critical incident pattern reviews and systemic contributing factors;

c) DCS vendor performance and systemic service gaps;

d) DCS staffing and caseload trends;

e) the status of DCS corrective action plans; and

f) recommendations for statutory, budgetary and administrative changes.

47. Requires the DCS IOC, subject to available resources and confidentiality requirements, to develop and maintain a publicly accessible dashboard of aggregate, de-identified child safety performance measures.

48. States that a person who knowingly discloses protected information is guilty of a class 1 misdemeanor.

49. Specifies that the initial terms of members are:

a) five terms ending January 31, 2027;

b) five terms ending January 31, 2028; and

c) five terms ending January 31, 2029.

50. Requires the appropriate official to make all subsequent appointments.

DCS IOC Fund

51. Establishes the DCS IOC (Fund), administered by the DCS IOC, and consisting of legislative appropriations, grants, gifts and donations.

52. Specifies that Fund monies are subject to legislative appropriation.

53. Allows Fund monies to be used for:

a) DCS IOC staffing and operations;

b) independent audits, evaluations and expert consultations;

c) secure data systems and confidentiality compliance; and

d) DCS IOC travel and site visits that are required for DCS IOC business.

54. Appropriates $2,200,000 from the state GF in FY 2027 to the Fund and appropriates the monies the DCS IOC.

55. Allocates Fund monies as follows:

a) $900,000 for personal services, employee-related expenses, DCS IOC executive and supporting staff levels;

b) $600,000 for operating expenses;

c) $300,000 for contracting services, including audits, expert reviews and specialized evaluations;

d) $300,000 for start-up and secure infrastructure costs, hardware and dashboard development; and

e) $100,000 for contingency and oversight needs.

56. Prohibits the DCS IOC from accepting a grant, gift or donation that may create a conflict of interest.

Ombudsman

57. Requires the Ombudsman, for a child welfare oversight matter, to submit a quarterly report to the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives and the chairpersons of the Senate and House of Representatives committees with jurisdiction over child safety or government matters.

58. Requires the report to be submitted in an aggregate form with all confidential information redacted, including the:

a) number of substantiated and partially substantiated findings;

b) number of high-risk or life safety violations;

c) number of corrective action orders that were issued and the compliance rates for those corrective action orders; and

d) number of criminal referrals and written dispositions received.

59. Allows the Ombudsman, in a child welfare oversight matter, to exercise the Ombudsman's investigative authority with respect to a covered child welfare entity.

60. Requires the Ombudsman to have access to any records that are maintained by, or on behalf of, a covered child welfare entity and that relate to the services that are funded, directed, contracted, licensed or authorized by DCS.

61. Requires a covered child welfare entity to preserve all relevant records on receipt of a written notice from the Ombudsman of an investigation or audit.

62. Requires the Ombudsman, if during an investigation of a child welfare oversight matter finds reasonable cause to believe that a person has committed a criminal offense, to refer the matter with all the supporting evidence to both the AG and the county attorney with jurisdiction over the person or matter.

63. Requires the prosecuting agency that receives the referral to provide a written disposition to the Ombudsman within 90 days after receiving the referral that indicates the status of the referral and whether the prosecuting agency has elected to prosecute the matter or declined to prosecute the matter.

64. Requires the Ombudsman, in a child welfare oversight matter, to issue a corrective action order if, after investigation, the Ombudsman makes a substantiated or partially substantiated opinion or recommendation that the covered child welfare entity has violated any statute, rule, court order, DCS policy, contract requirement or licensing standard.

65. Requires the corrective action order to include:

a) the factual basis for the opinion or recommendation;

b) the specific statute, rule, court order, DCS policy, contract requirement or licensing standard that was violated;

c) the required corrective action order with a specific deadline for implementing the corrective action order;

d) any required prevention controls, if applicable;

e) whether the opinion or recommendation involves a high-risk or life safety violation; and

f) a requirement that the covered child welfare entity submit a written compliance plan and begin implementing the corrective action order within 30 days after receiving the corrective order.

Miscellaneous

66. Terminates the DCS IOC on July 1, 2036.

67. Repeals the DCS IOC on January 1, 2037.

68. Contains a purpose statement, a severability clause and a statement of legislative findings.

69. Defines terms.

70. Makes technical and conforming changes.

71. Becomes effective on the general effective date.