 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Arizona |
|
USA Statutes : arizona
Title : Children
Chapter : ADOPTION
|
|
8-101 Definitions
In this article, unless the context otherwise requires:
1. "Adult" means a person eighteen years of age or older.
2. "Agency" means a person other than the division licensed by the division to
place children for adoption, including an attorney or law firm.
3. "Agency placement adoption" means an adoption proceeding in which one or more of
the requisite consents are given to an agency pursuant to section 8-107, subsection D,
paragraph 1.
4. "Child" means any person under eighteen years of age.
5. "Custody" means a status embodying all of the following rights and
responsibilities:
(a) The right to have the physical possession of the child.
(b) The right and the duty to protect, train and discipline the child.
(c) The responsibility to provide the child with food, shelter, education and
health care, and the authority to consent to surgery or other extraordinary medical care
in an emergency.
6. "Direct placement adoption" means an adoption proceeding in which one or more of
the requisite consents are given to a particular person pursuant to section 8-107,
subsection D, paragraph 2.
7. "Division" means the department of economic security.
8. "Juvenile court" or "court" means the juvenile division of the superior court.
9. "Permanent guardian" means a legal guardian appointed by the court pursuant to
section 8-525.
10. "Petitioner" includes both petitioners under a joint petition.
8-102.01 Jurisdiction
If a petition for adoption is filed prior to a child's eighteenth birthday
jurisdiction of the superior court continues for purposes of entering an order of
adoption of such child even if the child becomes eighteen years of age prior to the final
adoption hearing.
8-102 Who may be adopted
Except as provided in title 14, chapter 8, only a child, or a foreign-born person
who is twenty-one years of age or less and who is not an illegal alien who is present
within this state at the time the petition for adoption is filed may be adopted.
8-103 Who may adopt
Any adult resident of this state, whether married, unmarried or legally separated is
eligible to qualify to adopt children. A husband and wife may jointly adopt children.
8-104 Venue
A petitioner may begin adoption proceedings in the court in the county where the
prospective adoptive parent resides or, if applicable, in the county where the child is a
ward.
8-105.01 Adoption; racial preferences; prohibition; exception
A. Notwithstanding any law to the contrary, the division, an agency or the court
shall not deny or delay a placement or an adoption certification based on the race, the
color or the national origin of the adoptive parent or the child.
B. This section does not apply to the placement or adoption of children pursuant to
the Indian child welfare act (25 United States Code section 1901).
8-105.02 Adoption by foster parents; removal of child
The division shall not remove a child from the child's foster parents for the sole
reason that the foster parents have applied to adopt the child.
8-105.03 Adoption information from local community organizations
The division shall establish and administer a child placement program that uses
community organizations to inform communities about the adoption process and the need for
adoptive homes. For purposes of this section, religiously affiliated organizations may
qualify as community organizations provided that no state funding may be used for
religious purposes.
8-105 Preadoption certification; investigation;central adoption registry
A. Before any prospective adoptive parent may petition to adopt a child the person
shall be certified by the court as acceptable to adopt children. A certificate shall be
issued only after an investigation conducted by an officer of the court, by an agency or
by the division. A written application for certification shall be made directly to the
court, to an agency or to the division, in the form and content required by the court,
agency or division.
B. The division is not required to accept every application for certification. In
determining which applications to accept the division may give priority to applications
filed by adult residents of this state who wish to adopt a child who has any of the
special needs described in section 8-141.
C. After receiving and accepting the written and completed application of the
prospective adoptive parent or parents, which shall include a financial statement and a
physician's statement of each applicant's physical health, the division, the agency or an
officer of the court shall conduct or cause to be conducted an investigation of the
prospective adoptive parent or parents to determine if they are fit and proper persons to
adopt children.
D. The division shall not present for certification a prospective adoptive parent
unless that person has a valid fingerprint clearance card issued pursuant to title 41,
chapter 12, article 3.1 or provides to the division documentation of the person's
application for a fingerprint clearance card. The prospective adoptive parent must
certify on forms that are provided by the division and that are notarized whether the
prospective adoptive parent is awaiting trial on or has ever been convicted of any of the
criminal offenses listed in section 41-1758.03, subsections B and C in this state or
similar offenses in another state or jurisdiction.
E. An officer of the court may obtain a state and federal criminal records check
pursuant to section 41-1750 and Public Law 92-544. The department of public safety may
exchange this fingerprint data with the federal bureau of investigation.
F. This investigation and report to the court shall consider all relevant and
material facts dealing with the prospective adoptive parents' fitness to adopt children
and shall include:
1. A complete social history.
2. The financial condition of the applicant.
3. The moral fitness of the applicant.
4. The religious background of the applicant.
5. The physical and mental health condition of the applicants.
6. Any court action for or adjudication of child abuse, abandonment of children,
dependency or termination of parent-child relationship in which the applicant had
control, care or custody of the child who was the subject of the action.
7. Whether the person or persons wish to be placed on the central registry
established in subsection M of this section.
8. All other facts bearing on the issue of the fitness of the prospective adoptive
parents that the court, agency or division may deem relevant.
G. The investigator shall not reveal to the prospective adoptive parents the
identity of a child or the child's parent or parents and shall not reveal to the child or
the child's parent or parents the identity of the prospective adoptive parents if these
facts are not already known.
H. Within ninety days after the original application prescribed by subsection A of
this section has been accepted, the division or the agency or a person or agency
designated by the court to conduct an investigation shall present to the juvenile court
the written report required by subsection F of this section, which shall include a
definite recommendation for certifying the applicant as being acceptable or nonacceptable
to adopt children with the reasons for the recommendation.
I. Within sixty days after receiving the investigation report required by
subsections F and H of this section, the court shall certify the applicant as being
acceptable or nonacceptable to adopt children based on the investigation report and
recommendations of the report. A certification remains in effect for eighteen months from
the date of its issuance and may be extended for additional one year periods if after
review the court finds that there have been no material changes in circumstances which
would adversely affect the acceptability of the applicant to adopt.
J. The court may require additional investigation if it finds that additional
information is necessary on which to make an appropriate decision regarding
certification.
K. Any applicant who has been certified as nonacceptable may petition the court to
review such certification. Notice shall be given to all interested parties and the
matter shall be heard by the court, which may affirm or reverse the certification.
L. If the applicant is certified as nonacceptable, the applicant may not reapply
for certification to the court, to any agency or to the division for one year.
M. The division shall maintain a central adoption registry that includes the names
of all prospective adoptive parents currently certified by the court as acceptable to
adopt children, except those who request that their names not be included, the names of
all children who are under the jurisdiction of the division and who are currently
available for adoption, the names of any other children who are currently available for
adoption and whose names are voluntarily entered in the registry by any agency, parent or
other person that has the right to give consent to the child's adoption, and other
information as the division may elect to include in aid of adoptive placements. Access
to information in the registry shall be made available on request to any agency under
assurances as the division may require that the information sought is in furtherance of
adoptive placements and that confidentiality of the information is preserved.
N. This section does not apply if:
1. The prospective adoptive parent is the spouse of the birth or legal parent of
the child to be adopted or is an uncle, aunt, adult sibling, grandparent or
great-grandparent of the child of the whole or half-blood or by marriage or adoption.
2. The birth or legal parent is deceased but at the time of death the parent had
legal and physical custody of the child to be adopted and the child had resided primarily
with the spouse of the birth or legal parent during the twenty-four months before the
death of the parent.
3. The grandparent, great-grandparent, aunt, adult sibling or uncle is deceased but
at the time of death that person had legal and physical custody of the child to be
adopted and the child had resided primarily with the spouse of the grandparent,
great-grandparent, aunt, adult sibling or uncle during the twenty-four months before the
death of the grandparent, great-grandparent, aunt, adult sibling or uncle.
O. If the applicant has adopted a child within three years preceding the current
application and is applying to adopt another child or is a foster parent who is licensed
by this state, the division or agency or a person designated by the court to conduct an
investigation shall only provide an update report on any changes in circumstances that
have occurred since the previous certification or licensing report. If the applicant has
adopted a child more than three years before the current application and is applying to
adopt another child, the division or agency or a person designated by the court to
conduct an investigation may provide an updated report on any changes in circumstances
that have occurred since the previous certification or licensing report. The court shall
certify the applicant as acceptable to adopt unless there are changes in circumstances
that adversely affect the applicant's parenting ability. In making this determination,
the court shall consider information from the prior certification or licensing report. 8-106.01 Putative fathers registry; claim of paternity; adoptive interest
A. A person who is seeking paternity, who wants to receive notice of adoption
proceedings and who is the father or claims to be the father of a child shall file notice
of a claim of paternity and of his willingness and intent to support the child to the
best of his ability with the state registrar of vital statistics in the department of
health services. The department of health services shall provide forms for the purpose
of filing the notice of a claim of paternity. Forms shall be made available in the
department of health services, the office of the clerk of the board of supervisors in
each county, every hospital, every licensed child placement agency, the department of
economic security, sheriff's offices, jails, prisons, state department of corrections
facilities and department of juvenile corrections facilities.
B. The notice of a claim of paternity may be filed before the birth of the child
but shall be filed within thirty days after the birth of the child. The notice of a
claim of paternity shall be signed by the putative father and shall include his name and
address, the name and last known address of the birth mother and either the birth date of
the child or the probable month and year of the expected birth of the child. The
putative father who files a notice of a claim of paternity under this section shall
notify the registrar of vital statistics of any change of his address. The department of
health services shall maintain a confidential registry for this purpose. The department
shall only respond to written inquiries of the confidential registry that are received
from the court, the division, a licensed adoption agency or a licensed attorney
participating or assisting in a direct placement adoption. The department shall provide
a certificate signed by the state registrar of vital statistics stating that a diligent
search has been made of the registry of notices of claims of paternity from putative
fathers listing all filings found or stating that no filing has been found pertaining to
the father of the child in question.
C. If the court determines the claimant is not the child's father it shall notify
the department of health services and shall order the department to remove that person's
name from the putative fathers registry.
D. If the mother denies that the putative father filing the notice of a claim of
paternity is the father, the department of health services shall notify the putative
father of his responsibility to establish paternity.
E. A putative father who does not file a notice of a claim of paternity as required
under this section waives his right to be notified of any judicial hearing regarding the
child's adoption and his consent to the adoption is not required, unless he proves, by
clear and convincing evidence, both of the following:
1. It was not possible for him to file a notice of a claim of paternity within the
period of time specified in subsection B of this section.
2. He filed a notice of a claim of paternity within thirty days after it became
possible for him to file.
F. Lack of knowledge of the pregnancy is not an acceptable reason for failure to
file. The fact that the putative father had sexual intercourse with the mother is deemed
to be notice to the putative father of the pregnancy.
G. When a certificate provided pursuant to subsection B of this section is received
by the court, the division, a licensed adoption agency or a licensed attorney
participating or assisting in a direct placement adoption from the department that lists
filings of a putative father or fathers, the putative father or fathers who filed timely
notices of claims of paternity and who have not previously been served shall be served
with the notice prescribed in section 8-106, subsection G. A putative father who fails
to file a paternity action pursuant to title 25, chapter 6, article 1 within thirty days
of completion of service of the notice prescribed in section 8-106 is barred from
bringing or maintaining any action to assert any interest in the child.
H. If in any adoption proceeding there is not a showing that a putative father has
consented to the adoption or has waived his rights regarding the proposed adoption, the
petitioner shall file with the court, before the court enters a final decree of adoption,
a certificate from the department of health services signed by the state registrar of
vital statistics stating that a diligent search has been made of the registry of notices
of claims of paternity from putative fathers and that no filing has been found pertaining
to the father of the child in question.
8-106 Consent to adoption; waiver; consent tothe release of information; notification to potentialfathers
A. The court shall not grant an adoption of a child unless consent to adopt has
been obtained and filed with the court from the following:
1. The child's birth or adoptive mother, if living.
2. The child's father if any of the following is true:
(a) The father was married to the child's mother at the time of conception or at
any time between conception and the child's birth unless his paternity is excluded or
another man's paternity is established pursuant to title 25, chapter 6, article 1.
(b) The father has adopted the child.
(c) The father's paternity is established under title 25, chapter 6, article 1 or
section 36-334.
3. A child who is twelve years of age or older and who gives consent in open court.
4. Any guardian of the person of the child who is appointed by a court and given
authority by it to consent to the child's adoption.
5. An agency or the division that has been given consent to place the child for
adoption by the parent or parents whose consent would be necessary under paragraph 1 or 2
of this subsection, or that has been given authority in other legal proceedings to place
the child for adoption.
6. The guardian of any adult parent for whom a guardian is currently appointed.
B. It is not necessary for a person to obtain consent to adopt from the following:
1. An adult parent for whom a guardian is currently appointed.
2. A parent whose parental rights have been terminated by court order.
3. A parent who has previously consented to an agency's or the division's placement
of the child for adoption.
4. A person whose consent is not required under subsection A of this section.
C. The minority of the child or parent does not affect the child's or parent's
competency to give consent in the instances set forth in this section.
D. A consent to adopt is irrevocable unless obtained by fraud, duress or undue
influence.
E. An agency, the division or an attorney participating or assisting in a direct
placement adoption pursuant to section 8-130 shall obtain from a birth parent, at the
time consent for adoption is obtained, a notarized statement granting permission or
withholding permission for the child being adopted, when the child reaches eighteen years
of age, to obtain identifying and nonidentifying information about the child and the
consenting birth parent. The agency, division or attorney shall inform the birth parent
at the time of obtaining the notarized statement that the decision to grant permission or
withhold permission may be changed at any time by filing a notarized statement with the
court. The most recent notarized statement shall operate as consent for the court to
grant or withhold identifying and nonidentifying information.
F. A notarized affidavit signed by the mother listing all potential fathers shall
be filed with the court. The affidavit shall attest that all of the information
contained in the affidavit is complete and accurate.
G. Notice shall be served on each potential father as provided for the service of
process in civil actions. The notice shall be substantially in the form prescribed in
subsection I of this section and shall inform the potential father of all of the
following:
1. That adoption is planned.
2. The potential father's right to consent or withhold consent to the adoption.
3. The potential father's responsibility to initiate paternity proceedings under
title 25, chapter 6, article 1, and to serve the mother within thirty days of completion
of service.
4. The potential father's responsibility to proceed to judgment in the paternity
action.
5. The potential father's right to seek custody.
6. The potential father's responsibility to begin to provide financial support for
the child if paternity is established.
7. That the potential father's failure to file a paternity action pursuant to title
25, chapter 6, article 1, and to serve the mother and proceed to judgment in the
paternity action as prescribed by this section, bars the potential father from bringing
or maintaining any action to assert any interest in the child.
H. A mother may apply to the court for permission to omit her address from the
affidavit and from the notice to potential fathers. The court shall grant this request
if the mother shows to the court's satisfaction this is necessary to protect her safety.
I. The notice required pursuant to subsection G of this section shall be in
substantially the following form:
Notice:
Notice is given to _______________ that you have been identified by
________________________, the natural mother, residing at
_____________________, as a potential father of a child to be born or, born on
_____________, in ___________.
You are informed of the following:
1. __________, the natural mother, plans to place the child for
adoption.
2. Under sections 8-106 and 8-107, ARIZONA Revised Statutes, you have
the right to consent or withhold consent to the adoption.
3. Your written consent to the adoption is irrevocable once you give
it.
4. If you withhold consent to the adoption, you must initiate paternity
proceedings under title 25, chapter 6, article 1, ARIZONA Revised Statutes,
and serve the mother within thirty days after completion of service of this
notice.
5. You have the obligation to proceed to judgment in the paternity
action.
6. You have the right to seek custody.
7. If you are established as the child's father, you must begin to
provide financial support for the child.
8. If you do not file a paternity action under title 25, chapter 6,
article 1, ARIZONA Revised Statutes, and do not serve the mother within thirty
days after completion of the service of this notice and pursue the action to
judgment, you cannot bring or maintain any action to assert any interest in
the child.
9. The Indian child welfare act may supersede the ARIZONA Revised
Statutes regarding adoption and paternity.
10. You may wish to consult with an attorney to assist you in responding
to this notice.
8-107 Time and contents of consent
A. All consents to adoption shall be in writing and signed by the person giving the
consent and witnessed by two or more credible witnesses who are at least eighteen years
of age and who subscribe their names in the presence of the person giving the consent or
shall be acknowledged by the person giving consent before a notary public.
B. A consent given before seventy-two hours after the birth of the child is
invalid.
C. The consent shall be dated, shall sufficiently identify and give the addresses
of the party giving the consent and the name and address of the witness or witnesses and
shall sufficiently identify the child to whose adoption the consent is given.
D. The consent shall designate either of the following:
1. An agency or the division as authorized by the party giving the consent to place
the child for adoption.
2. The particular person or persons authorized to adopt the child by the person
giving the consent.
E. The true names of the adopting person or persons shall be used, except that
fictitious names may be used if the consent also truthfully states that the adopting
person or persons are currently certified as acceptable to adopt the child, that the
consenting party knows that the names used are fictitious and does not wish to know the
true names and that the consenting party has been furnished with all information which
the consenting party wishes to know about the adopting person or persons.
F. The consent shall contain a statement which includes the following:
1. The consequences of the consent pursuant to section 8-117.
2. The irrevocability of the consent pursuant to section 8-106.
3. The prohibition of any direct or indirect compensation for the consent except as
provided in section 8-114.
G. A consent other than to any agency or the division which does not designate a
particular person or persons, or which purports to permit a third person to locate or
nominate an adoptive parent, is invalid.
8-108 Petition for child's custody bynoncertified party; hearing; exceptions
A. A person who is not currently certified as acceptable to adopt but who has
custody of a child who the person intends to adopt shall petition the court for an order
permitting that person to keep custody of the child pending certification. The person
shall file the petition not later than five days after the person obtains custody of the
child. The court shall hold a hearing within ten days after the person files the
petition. The child shall attend the hearing, except for good cause shown. At the
hearing the burden of proof is on the petitioner to show that permitting custody is in
the child's best interests. The court may permit the petitioner to have custody or it
may order that custody be given to some other person or agency as it deems to be in the
child's best interests. If the court permits the person to continue to have custody of
the child, the court shall order the investigation for preadoption certification and
report as required by section 8-105 to continue. If an application for certification has
not been filed before the hearing, the court shall order that an application for
certification be filed within thirty days after the hearing date.
B. If a petition is not filed by the person intending to adopt a child, the
division, an agency or any other interested person may petition the court for such a
hearing. On the filing of a petition the court shall set the matter for hearing and
issue its order to the person having custody of the child to appear before it to show
cause why custody should not be denied. The hearing shall then be held and the court's
order made as provided in subsection A of this section.
C. A custody petition or hearing is not required in any of the following cases:
1. If the person who intends to adopt the child is the spouse of a birth parent of
the child.
2. If the person who intends to adopt the child or one of these persons is an
uncle, aunt, adult sibling, grandparent, or great-grandparent of the child of the whole
or half-blood or by marriage.
3. If the person who intends to adopt the child is currently certified as
acceptable to adopt the child.
4. If custody of the child has been given or is to be given to an agency or to the
division or to a licensed or certified foster home.
5. If the person who intends to adopt the child is currently the court appointed
guardian of the child.
8-109 Petition to adopt; contents
A. The potential adoptive parent or parents, an agency or the division may file a
petition to adopt. The petition shall specify:
1. The full name, age and place of residence of the prospective adoptive parent
and, if married, the date and place of marriage and the relationship if any to the child.
2. That a certificate of acceptability to adopt has been issued in favor of the
prospective adoptive parent and the date of its issuance or the reason preadoption
certification is not required.
3. The date when the prospective adoptive parent acquired custody of the child and
from what person or agency, or, if not in custody, the present custodial circumstances.
4. The date and place of birth of the child.
5. The name of the child or the fictitious name to be used in the proceedings and,
if a change of name is desired, the name.
6. That it is the desire of the prospective adoptive parent to adopt the child.
7. A full description and statement of the value of all property owned or possessed
by the child.
8. If the child being adopted is a ward of the court, that written consent to adopt
has been given by the division or the agency that has been given custody of the ward or
any reason that consent need not be given.
9. Full disclosure of any fees or anything of value given or paid to any person or
organization in connection with the adoption of the child.
B. Any written consent required by this article may be attached to the petition or
may be filed after the filing of the petition at or before the hearing.
8-110 Fictitious name for child
A. The court may order, upon request of any interested party, that the child to be
adopted shall be referred to by a fictitious name in all proceedings before the court, if
such would be in the best interest of the child.
B. If the court, by order, authorizes the use of a fictitious name, the real name
of the child shall be kept in a sealed envelope in the court file and shall not be opened
except on order of the court after good cause has been shown.
8-111 Notice of hearing on petition to adopt;service
After a petition to adopt has been filed, the clerk of the superior court shall set
a time and place for a hearing by the court. Notice shall be as provided for the service
of process in civil actions to:
1. The petitioner.
2. The agency, if any.
3. The person or agency conducting the social study required by section 8-112.
4. Any person or agency required to give consent by section 8-106 unless consent
with a waiver of notice of hearing has been filed before the hearing.
5. Any person who has initiated a paternity action pursuant to title 25, chapter 6,
article 1.
8-112 Social studies; requirements
A. The division, an agency or an officer of the court shall conduct and submit a
social study to the court ten days before the hearing on the petition to
adopt. Notwithstanding any other provisions of this section, the court may order an
additional social study or waive the social study if it determines that this is in the
child's best interests because of special circumstances.
B. Except as provided in subsection D or E, the social study shall include the
following:
1. The social history, heritage and mental and physical condition of the child and
the child's birth parents.
2. The child's current placement in the prospective adoptive parent's home and the
child's adjustment to that home.
3. The prospective adoptive parent's suitability to adopt.
4. The existing and proposed arrangements regarding the child's custody.
5. Any financial arrangement concerning the proposed adoption made by the birth
parents, the division, an agency, an attorney or the prospective adoptive parents.
6. A state and federal criminal records check of the prospective adoptive parent
and each adult who is living permanently with the prospective adoptive parent except a
birth or legal parent with custody of the child.
7. A central registry records check, including any history of child welfare
referrals, with the division of the prospective adoptive parent and each adult who is
living permanently with the prospective adoptive parent.
8. Any other information that is pertinent to the adoption proceedings.
C. The social study conducted pursuant to subsection A is part of the case file and
shall contain a definite recommendation for or against the proposed adoption and the
reasons for that recommendation.
D. The social study conducted pursuant to subsection A may consist only of the
results of the state and federal criminal records check and the central registry records
check conducted pursuant to subsection B if either of the following is true:
1. The prospective adoptive parent is the child's stepparent who has been legally
married to the child's birth or legal parent for at least one year and the child has
resided with the stepparent and parent for at least one year.
2. The prospective adoptive parent is the child's adult sibling, by the whole or
half blood, or the child's aunt, uncle, grandparent or great-grandparent and the child
has resided with the prospective adoptive parent for at least one year.
E. If the child being considered for adoption has resided with the prospective
adoptive parent for at least six months and the prospective adoptive parent either has
adopted a child or was appointed the permanent guardian of the child within three years
preceding the current application, or is a foster parent who is licensed by this state,
the social study conducted pursuant to subsection A may consist only of the following:
1. The results of the central registry records check conducted pursuant to
subsection B.
2. A review of any material changes in circumstances that have occurred since the
previous adoption, permanent guardianship or license renewal that affect the prospective
adoptive parent's ability to adopt the child or for the child to be placed in the
prospective adoptive parent's home.
8-113 Removal from home; expedited hearings;probationary period
A. A child who has been placed in a certified adoptive home by any agency or the
division shall not be removed from the home except on order of the juvenile court. The
agency or the division may request a hearing for removal before the juvenile court, and
in those cases, a hearing shall be held not less than ten days after notice has been
given to the certified prospective adoptive parent or parents.
B. This section does not prohibit prospective adoptive parents from voluntarily
returning any child to the placing agency or the division or does not prevent the removal
of a child pursuant to section 8-821 or 8-802.
C. Pending the final adoption hearing, the child is subject to further
investigation by the division, an officer of the court or an agency that is required to
do the social study pursuant to section 8-105.
D. The court shall hold the hearing on the petition:
1. Within sixty days if the child has resided in the home of the prospective
adoptive parent or parents for at least one year immediately preceding the filing of the
petition for adoption. If the prospective adoptive parent is the stepparent of the child,
this requirement applies only if the stepparent has been married to the birth or legal
parent of the child for at least one year.
2. Within ninety days if the child is under six months of age or has resided in the
home of the prospective adoptive parent or parents for at least six months preceding the
filing of the petition for adoption. If the prospective adoptive parent is the stepparent
of the child, this requirement applies only if the stepparent has been married to the
birth or legal parent of the child for at least one year.
3. In all other cases, within six months after the filing of the petition for
adoption.
E. If subsection D, paragraph 1 or 2 of this section applies, the petitioner shall
file a notification of that fact with the petition to adopt.
F. The court shall postpone a hearing scheduled to be held pursuant to subsection D
of this section if the court has not received the results of the criminal records check
at least forty-eight hours before the final hearing. The court shall reschedule the
hearing within twenty-one days after receiving the results.
G. The court or the petitioner may postpone the final hearing up to sixty days in
order to give notice to any interested party or for other good cause.
H. The court shall hold an expedited hearing on a motion that is supported by a
sworn affidavit that the expedited hearing is in the child's best interests and that any
of the following is true:
1. The child is suffering from a chronically debilitating, progressive or fatal
disease as diagnosed by a licensed physician.
2. A prospective adoptive parent, natural parent or legal parent is terminally ill,
as diagnosed by a licensed physician.
3. The court finds other compelling reasons relating to the special needs and
welfare of the child to expedite the hearing.
I. During the probationary period or any extension, prospective adoptive parents
who have complied with the provisions of this chapter have the following rights and
responsibilities with respect to the child:
1. The right to physical custody of the child unless the child is removed by order
of the juvenile court after notice and a hearing.
2. The right to consent to necessary medical procedures for the child.
3. The right to consent to participation in social and athletic activities for the
child.
4. The responsibility to provide proper care and support for the child in addition
to that already provided by the placing agency or division.
8-114 Monies paid to or for parent; courtapproval; attorney fees; accounting; disallowance; exception
A. The court may approve any monies paid to a parent of a child placed for adoption
or another person for the benefit of the parent or adopted child for reasonable and
necessary expenses incurred in connection with the adoption. These expenses may include
costs for medical and hospital care and examinations for the mother and child, counseling
fees, legal fees, agency fees, living expenses and any other costs the court finds
reasonable and necessary.
B. A person who wishes to pay the living expenses of a birth parent that exceed one
thousand dollars shall file a motion with the court to permit that payment. On the
filing of a petition the court shall hold a hearing within ten days, unless the hearing
is waived for good cause shown. The court shall approve living expenses that the person
has paid, unless found unreasonable. The person who wishes to pay the one thousand
dollars in living expenses of a birth mother shall file an affidavit with the court
signed by the birth mother verifying that the birth mother has been given written notice
and that she understands that the payment of these expenses by any person does not
obligate the birth mother to place the child for adoption and that a valid consent to the
adoption can only be given after the child's birth without regard to any cost or expense
paid by any person in connection with the adoption. A maximum of one thousand dollars
may be advanced for birth parent living expenses without a motion. In determining what
living expenses are reasonable and necessary, the court shall consider but not be limited
to the following factors:
1. The current standard of living of the birth parent.
2. The standard of living necessary to preserve the health and welfare of the birth
parent and the unborn child.
3. The existence of alternative financial resources for the birth parent.
C. Except as provided in subsection A, a person shall not be directly or indirectly
compensated for giving or obtaining consent to place a child for adoption.
D. An attorney may be paid for the attorney's services in connection with adoption,
paternity and severance proceedings only the amount the court approves as being
reasonable and necessary.
E. Not fewer than ten days before a petition to adopt a child is heard, the
prospective adoptive parent shall file with the court a verified accounting in the form
specified by court rules of all fees, payments, disbursements or commitments of anything
of value made or agreed to be made by the prospective adoptive parent or for the benefit
of the prospective adoptive parent in connection with the adoption. The accounting shall
include all living expenses, including living expenses advanced pursuant to subsection B
for which a motion is not required, and shall be accompanied by an affidavit that is
signed by the birth mother, either before or after the birth of the child, that verifies
that she has been given written notice and that she understands that the payment of these
expenses does not obligate her to place her child for adoption and that she may give a
valid consent to the adoption only after the child's birth without regard to any cost or
expense paid by any person in connection with the adoption. This subsection does apply to
an agency placement adoption or to a direct placement adoption made through an agency.
F. The court shall allow, disallow or allow in part fees, payments, disbursements
and commitments as shown in the accounting.
G. If the court finds an accounting to be incomplete or deceptive or to contain
amounts which are unauthorized or unreasonable, the court may order a new accounting or
the repayment of amounts found to be excessive or unauthorized or make any other orders
it deems appropriate.
H. All adoption cases shall be reviewed by the juvenile court for reasonableness
and necessity of expenses.
I. This section does not apply to an adoption by a stepparent whose spouse is a
natural or adoptive parent of the child.
8-115 Hearing; procedure; record;evidence
A. The court shall hold a hearing on a petition filed pursuant to this article in
as informal a manner as the requirements of due process and fairness permit. The
prospective adoptive parent, the spouse of a prospective adoptive parent and the child to
be adopted shall attend unless the court orders otherwise. The court shall only allow
persons who have a direct interest in the case to attend the hearing. A person who
attends a hearing shall not disclose any information about the hearing. The court may
require the presence of such other witnesses as it deems necessary.
B. The court shall make its findings based on a preponderance of the evidence. The
court may consider any and all reports required by this article or ordered by the court
pursuant to this article.
8-116.01 Agreements regardingcommunications
A. The parties to a proceeding under this chapter may enter into an agreement
regarding communication with a child adoptee, the adoptive parents and a birth parent.
B. An agreement is not enforceable unless the agreement is in writing and is
approved by the court. The court shall not approve an agreement unless the agreement is
approved by the prospective adoptive parents, any birth parent with whom the agreement is
being made and, if the child is in the custody of the division or an agency, a
representative of the division or agency.
C. An agreement entered into pursuant to this section shall state that the adoptive
parent may terminate contact between the birth parent and the adoptive child at any time
if the adoptive parent believes that this contact is not in the child's best interests.
D. The court shall not approve the agreement unless the court finds that the
communication between the child adoptee, the adoptive parents and a birth parent is in
the child's best interests. The court may consider the wishes of a child who is at least
twelve years of age.
E. An agreement entered into pursuant to this section is enforceable even if it
does not disclose the identity of the parties to the agreement.
F. Failure to comply with an agreement that has been approved pursuant to this
section is not grounds for setting aside an adoption decree or for revocation of a
written consent to an adoption decree or relinquishment of parental rights.
G. The court retains jurisdiction after the decree of adoption is entered to hear
motions brought to enforce or modify an order entered pursuant to this section. Before
filing a motion, the party seeking to enforce or modify an order shall make a good faith
attempt to mediate the dispute. The court shall not enforce or modify an order unless
the party filing the motion has made a good faith attempt to mediate the dispute.
H. The court may order a modification of an agreement approved pursuant to this
section if it finds that the modification is necessary to serve the best interests of the
child adoptee and one of the following is true:
1. The modification is agreed to by the adoptive parents.
2. Exceptional circumstances have arisen since the agreement was approved that
justify modification of the agreement.
I. The court may consider the wishes of a child who is at least twelve years of age
in determining whether to order a modification pursuant to subsection H.
J. Every agreement entered into pursuant to this section shall contain a clause
stating that the parties agree to the continuing jurisdiction of the court to enforce and
modify the agreement and that they understand that failure to comply with an agreement
approved pursuant to this section is not grounds for setting aside an adoption decree or
for revocation of a written consent to an adoption decree or relinquishment of parental
rights.
8-116 Court order; contents; form
A. If after the hearing and consideration of all the evidence, the court is
satisfied that the requirements of this article have been met and that the adoption is in
the best interests of the child, the court shall order the adoption. The order may
change the name of the child to that of the adoptive parent or parents. The written
order of the court shall include the findings of fact on which it based its order,
including the court's jurisdiction and the date and place of birth of the child being
adopted based on the best available evidence.
B. If the exact place of birth is unknown, the order shall include the information
that is known and designate a place of birth according to the best information known as
to the country of origin.
C. If the exact date of birth is unknown, the order shall establish a date of birth
based on the medical evidence as to the probable age of the child and other evidence the
court considers appropriate.
D. The order is conclusive and binding on all persons from the date of its entry
subject to appeal as provided in section 8-235. 8-117 Rights under adoption order
A. On entry of the decree of adoption, the relationship of parent and child and all
the legal rights, privileges, duties, obligations and other legal consequences of the
natural relationship of child and parent thereafter exist between the adopted child and
the adoptive parent as though the child were born to the adoptive parent in lawful
wedlock. The adopted child is entitled to inherit real and personal property from and
through the adoptive parent and the adoptive parent is entitled to inherit real and
personal property from and through the adopted child the same as though the child were
born to the adoptive parent in lawful wedlock.
B. On entry of the decree of adoption, the relationship of parent and child between
the adopted child and the persons who were the child's parents before entry of the decree
of adoption is completely severed and all the legal rights, privileges, duties,
obligations and other legal consequences of the relationship cease to exist, including
the right of inheritance. This subsection does not apply to communication rights
established pursuant to section 8-116.01.
C. If the adoption is by the spouse of the child's parent, the relationship of the
child to that parent remains unchanged by the decree of adoption. 8-118 Petition withdrawal or denial;custody
In any case in which the petition is withdrawn or denied the court shall order the
removal of the child from the proposed adoptive home if the court finds that such removal
is in the child's best interest. If such removal is ordered, the court shall vest
temporary legal custody in an agency with power to remove the child and to plan for the
child's welfare. The court shall fix responsibility for temporary child support. The
court may make such other orders as it deems necessary to protect and further the best
interests of the child.
8-119 Dismissal after death; exception
In the event of the death of the petitioner, the petition for adoption shall be
dismissed, except where there are two petitioners and one of the petitioners dies the
proceeding shall continue unless withdrawn by the surviving petitioner.
8-120 Records; inspection; exception;destruction of certain records
A. Except as provided in section 8-129, all files, records, reports and other
papers compiled in accord with this article, whether filed in or in possession of the
court, an agency or any person or association, shall be withheld from public inspection.
B. Such files, records, reports and other papers may be open to inspection by
persons and agencies having a legitimate interest in the case and their attorneys and by
other persons and agencies having a legitimate interest in the protection, welfare or
treatment of the child if so ordered by the court.
C. This section does not prohibit persons employed by the court, the division or an
agency from conducting the investigations or performing other duties pursuant to this
article within the normal course of their employment.
D. This section does not prohibit persons employed by the court, the division, an
attorney participating or assisting in a direct placement adoption pursuant to section
8-130 or an agency from providing partial or complete identifying information between a
birth parent and adoptive parent when the parties mutually agree to share specific
identifying information and make a written request to the court, the division or the
agency.
E. Except for files that belong to an attorney, all files, records, reports and
other papers not filed in or in the possession of the court shall not be destroyed until
after a ninety-nine year period. The files that belong to an attorney shall not be
destroyed until after a seven year period. 8-121 Confidentiality of information;exceptions
A. It is unlawful, except for purposes for which files and records or social
records or parts thereof or information therefrom have been released pursuant to
subsection C of this section or section 8-120, 8-129 or 8-134, or except for purposes
permitted by order of the court, for any person to disclose, receive or make use of, or
authorize, knowingly permit, participate in or acquiesce in the use of, any information
involved in any proceeding under this article directly or indirectly derived from the
files, records, reports or other papers compiled pursuant to this article, or acquired in
the course of the performance of official duties until one hundred years after the date
of the order issued pursuant to section 8-116. After one hundred years has elapsed from
the date of the order issued pursuant to section 8-116 the court shall transfer all
files, records, reports and other documents in possession of the court relating to the
adoption to the ARIZONA state library, archives and public records. The items transferred
pursuant to this subsection shall be available for public inspection during business
hours and may be made available in an alternative format.
B. The provisions of this section shall not be construed to prohibit persons
employed by the court, the division or an agency from conducting the investigations or
performing other duties pursuant to this article within the normal course of their
employment.
C. This section does not prohibit persons employed by the court, the division, an
attorney participating or assisting in a direct placement adoption pursuant to section
8-130 or an agency from providing partial or complete identifying information between a
birth parent and adoptive parent when the parties mutually agree to share specific
identifying information and make a written request to the court, the division or the
agency.
D. A person may petition the court to obtain information relating to an adoption in
the possession of the court, the division or any agency or attorney involved in the
adoption. Nonidentifying information may be released by the court pursuant to section
8-129. The court shall not release identifying information unless the person requesting
the information has established a compelling need for disclosure of the information or
consent has been obtained pursuant to subsection E of this section or from the birth
parent pursuant to section 8-106. If a compelling need for disclosure of information is
established, the court may decide what information, if any, should be disclosed and to
whom and under what conditions disclosure may be made.
E. An adoptee who is eighteen years of age or older or a birth parent may file at
any time with the court and the agency, division or attorney who participated in the
adoption a notarized statement granting consent, withholding consent or withdrawing a
consent previously given for the release of confidential information. If an adoptee who
is eighteen years of age or older and the birth mother or birth father have filed a
notarized statement granting consent to the release of confidential information, the
court may disclose information, except identifying information relating to a birth parent
who did not grant written consent, to the adoptee or birth parent.
F. This section does not prohibit a person from notifying a birth parent of the
death of a child that the birth parent has placed for adoption.
8-122 Financial hardship; deferral, waiver orreduction of fees
The court, an agency or the division may voluntarily defer, waive or reduce any fee
if payment of the fee would cause a hardship to the adoptive parent or would be
detrimental to the welfare of the adoptive child.
8-123 Irregularities; curative period
After one year from the date the adoption decree is entered, any irregularity in the
proceeding shall be deemed cured and the validity of the decree shall not thereafter be
subject to attack on any such ground in any collateral or direct proceeding.
8-124 Subsequent adoptions
The adoption of an adopted person is authorized, and in that case the references to
the parents are to adoptive parents.
8-125 Adoption decrees of other states
Where an adoption has been judicially decreed by a court in another state, such
decree shall have the same force and effect as to matters within the jurisdiction of this
state as though it had been granted by a court of this state.
8-126 Licensure and regulation ofagencies
The division shall:
1. License agencies on an annual basis subject to renewal. Before issuing a
license, the division shall investigate the activities of the agency, its financial
stability, the character and training of its personnel and the adequacy of the agency's
intended services to ensure the welfare of parents and children using the services of the
agency. If the agency meets the standards established by the division, a license shall
be issued.
2. Provide for oversight of agencies.
3. Assist the staffs of all agencies by giving advice on methods and procedures.
4. Establish rules for:
(a) Licensing agencies, including professional licensing, and suspending, revoking
and denying licenses.
(b) Annual renewal of agency licenses.
(c) The form and content of investigations, reports and studies concerning adoption
placements.
(d) Reasonable fees chargeable by the division to agencies for licensure and
renewal of licenses.
(e) Reasonable and authorized fees chargeable to any person for services in
connection with an adoption and payments, disbursements or commitments of anything of
value made or agreed to be made to or for the benefit of a birth parent by any person in
connection with an adoption.
(f) Conducting reviews and making reports pursuant to section 8-114, subsection E.
8-127 Services of county attorney;exception
A. The county attorney of the county in which the prospective adoptive parent
resides, or, if applicable, the county where the child is a ward of the court, on
application of the person or persons seeking adoption, shall prepare the adoption
petition and act as attorney without expense to the prospective adoptive parent. If an
adoption is made through an adoption agency licensed pursuant to this title, the agency
shall prepare the petition for adoption and shall submit it to the county attorney. If
the petition is contested the county attorney, with the consent of the court, may
withdraw from further representation of any party to the proceeding and the prospective
adoptive parent shall employ counsel.
B. Notwithstanding the provisions of subsection A of this section, the county
attorney:
1. Shall not prepare a petition or act as the attorney for a prospective adoptive
parent seeking adoption pursuant to title 14, chapter 8.
2. Is not required to act as an attorney for the prospective adoptive parent
concerning the enforcement or modification of an agreement entered into pursuant to
section 8-116.01. 8-128 Violation; classification
A person who knowingly violates any provision of this article is guilty of a class 6
felony.
8-129 Health and genetic history; compilation;availability; costs
A. Before placing a child for adoption, the division or the agency or the person
placing the child, if the child is not placed by the division, shall compile and provide
to the prospective adoptive parents detailed written nonidentifying information including
a health and genetic history and all nonidentifying information about the birth parents
or members of a birth parent's family set forth in a document that is separate from any
document containing identifying information. This subsection does not apply if the birth
parents are deceased, their whereabouts are unknown or the information is not otherwise
reasonably available.
B. Records containing the information prescribed in subsection A:
1. Shall be retained by the division, agency or person for ninety-nine years, and
if an agency or person ceases to function, the agency or person shall transfer these
records to the division, except that an agency ceasing operations may transfer these
records to another agency within this state, provided the agency transferring the records
gives notice of the transfer to the division.
2. May be supplemented with information supplied by any member of the birth family,
any member of the adoptive family or an adult adoptee or the family of an adult
adoptee. Supplemental information supplied to the division or the agency or the person
who placed the child shall be filed with all other information concerning the adoption.
3. Shall be available on request throughout the ninety-nine year period, together
with any other information described in subsection A which is added, to the following
persons only:
(a) The adoptive parents of the child or, if the adoptive parents have died, the
child's guardian.
(b) The adoptee if he is eighteen or more years of age.
(c) If the adoptee has died, the adoptee's spouse if he is the legal parent of the
adoptee's child or the guardian of any child of the adoptee.
(d) If the adoptee has died, any progeny of the adoptee who is eighteen or more
years of age.
(e) The birth parent of the adoptee or other biological children of the birth
parent.
C. The actual and reasonable cost of providing information pursuant to this section
shall be paid by the person requesting the information.
8-130 Consent to licensed agency or division;attorneys; affidavits
A. A consent to adoption of a child shall not be granted to an agency unless the
agency is licensed to place children for adoption under this article. A consent may be
granted to the division, which is exempt from licensure. An agency or the division may
conduct both agency placement adoptions and direct placement adoptions. An agency
placement adoption shall only be made by an agency or the division.
B. Except as provided in subsection C, a person shall not do any of the following
unless the person is employed or engaged by and acting on behalf of a licensed adoption
agency:
1. Solicit or accept employment or engagement, for compensation, by or on behalf of
a parent or guardian for assistance in the placement of a child for adoption.
2. Solicit or accept employment or engagement, for compensation, by or on behalf of
any person to locate or obtain a child for adoption.
C. An attorney licensed to practice law in this state may assist and participate in
direct placement adoptions and may receive compensation to the extent the court finds
reasonable under section 8-114 if the person granting consent to the adoption has made a
choice of the specific adopting parent without prior involvement of the attorney or if
the choice is made only from among persons currently certified by the court as acceptable
to adopt children pursuant to section 8-105.
D. Before a petition to adopt is granted and as a condition of the entry of an
order of adoption:
1. An attorney participating or assisting in a direct placement adoption shall file
with the court an affidavit confirming that there has been, to the best of his knowledge
and belief, compliance with subsection B of this section and with section 8-114,
subsection B, section 8-129 and, if fictitious names have been used, section 8-107,
subsection E.
2. An attorney representing petitioners in an agency placement adoption and the
agency shall file with the court an affidavit confirming that there has been, to the best
of the petitioner's, agency's and attorney's knowledge and belief, compliance with
subsections A and B of this section and sections 8-114 and 8-129.
8-131 Exemption of division from licensure;compliance with standards
The division is not required to be licensed but the division shall comply with the
provisions of this article and with the standards required by the division for licensed
adoption agencies.
8-133 Fees for division services
A. The division may charge fees for studying and certifying adoption applicants and
for providing placement supervision services to cover the costs of providing these
services.
B. If an investigation is conducted by an officer of the court, the court may
charge a reasonable fee, prescribed by the presiding judge of the juvenile court, to
cover the costs of investigation in preadoption investigations pursuant to section 8-105,
investigations conducted pursuant to section 8-872 to determine whether permanent
guardianship, as an alternative to adoption, is in the best interests of the child, or
investigations conducted in a review of permanent guardianship pursuant to section
8-872. The court may waive, reduce or defer this fee if the fee would cause a hardship.
8-134 Confidential intermediary
A. Any of the following persons may use the services of a confidential intermediary
who is listed with the court:
1. The adoptive parents of an adoptee who is at least eighteen years of age or, if
the adoptive parents are deceased, the adoptee's guardian.
2. An adoptee if the adoptee is at least eighteen years of age.
3. If an adoptee is deceased, the adoptee's spouse if the spouse is the legal
parent or guardian of any child of the adoptee.
4. If an adoptee is deceased, any progeny of the adoptee who is at least eighteen
years of age.
5. Either of the birth parents of an adoptee.
6. If the birth parent of an adoptee is deceased, the parent of the birth parent.
7. A biological sibling of the adoptee if the sibling is at least eighteen years of
age.
B. An adoption agency licensed by this state, the division or an individual who
meets the requirements adopted pursuant to subsections F and G of this section may serve
as a confidential intermediary.
C. Notwithstanding sections 8-120 and 8-121, a confidential intermediary may
inspect documents compiled pursuant to this article. Documents include the court records,
division records, agency records and maternity home records. The confidential
intermediary shall keep confidential all information obtained during the course of the
investigation. The intermediary shall use confidential information only to arrange a
contact or share information between the person who initiates the search and the person
who is the subject of the search. A confidential intermediary shall review the court
record before making any contact with an adoptee to determine if an affidavit has been
filed pursuant to subsection E of this section. Except as provided pursuant to subsection
A, paragraphs 1, 2, 4 and 7 and subsection G of this section, a confidential intermediary
shall not contact persons under twenty-one years of age.
D. The confidential intermediary shall obtain written consent from the person who
initiated the search and the person who is the subject of the search before arranging for
the sharing of identifying information or a contact between them. If the confidential
intermediary discovers the subject of the search is deceased or that the identity of the
birth father was unknown to or not revealed by the birth mother, the confidential
intermediary shall share this information with the person initiating the search. If the
confidential intermediary, after a diligent effort, is unable to locate the subject of
the search to obtain written consent to share information, the confidential intermediary
shall share this information with the person initiating the search and prepare and place
with the compiled documents a written report describing search efforts. If the person
who initiated the search petitions the court to release identifying information, the
court shall review the report prepared by the confidential intermediary and shall decide
if the information may be released and in what manner the information may be released if
the court determines there is good cause.
E. An adoptive parent who has not informed an adoptee that the adoptee was adopted
may file an affidavit so stating with the court where the adoption took place. The
affidavit may be withdrawn at any time by the adoptive parent. If an affidavit is a part
of the court record, the confidential intermediary shall not make contact with the
adoptee unless the adoptive parent withdraws the affidavit and grants permission in
writing or the adoptee has filed an affidavit stating that the adoptee knows about the
adoption and wishes to make contact with the birth parent.
F. A birth parent who has not informed the parent's biological offspring of the
existence of the adoptee may file an affidavit so stating with the court where the
adoption took place. The affidavit may be withdrawn at any time by the birth parent. If
an affidavit is a part of the court record, the confidential intermediary shall not make
contact with the biological sibling unless the birth parent withdraws the affidavit and
grants permission in writing or the biological sibling has filed an affidavit stating
that the biological sibling knows about the adoptee and wishes to make contact with the
adoptee.
G. On receipt of a written statement from a physician that explains in detail how a
health condition may seriously affect the health of the adoptee or a direct descendant of
the adoptee, the court shall order the confidential intermediary program to appoint a
confidential intermediary. The confidential intermediary shall make a diligent effort to
notify an adoptee who has attained eighteen years of age, an adoptive parent or guardian
of an adoptee who has not attained eighteen years of age or a direct descendant of a
deceased adoptee that the nonidentifying information is available and shall be provided
on written request.
H. On receipt of a written statement from a physician that explains in detail why a
serious health condition of the adoptee or a direct descendant of the adoptee should be
communicated to the birth parent or biological sibling to enable the birth parent or
biological sibling to make an informed medical decision, the court shall order the
confidential intermediary program to appoint a confidential intermediary. The
confidential intermediary shall make a diligent effort to notify those individuals that
the nonidentifying information is available and shall be provided on written request.
I. The ARIZONA supreme court shall administer the confidential intermediary
program. The court shall adopt rules and procedures necessary to implement the program,
including qualifications, required fees, minimum standards for certification, training
and standards of conduct of confidential intermediaries, and shall establish the fees
that may be charged by a confidential intermediary.
J. A person shall not act as a confidential intermediary unless the person
possesses a confidential intermediary certificate issued by the supreme court. In order
to be certified as a confidential intermediary a person shall meet and maintain the
minimum standards prescribed by this section and the rules adopted by the supreme court.
K. In carrying out the provisions of this section the supreme court shall require
applicants for a confidential intermediary certificate to furnish fingerprints and the
supreme court shall obtain criminal history record information pursuant to section
41-1750. The applicant for certification shall pay a fee to the department of public
safety to reimburse the department of public safety for the cost of obtaining the
applicant's criminal history record information required by this section. The fee shall
not exceed the actual cost of obtaining the applicant's criminal history record
information.
L. The actual and reasonable cost to the agency, division or court of providing
information pursuant to the confidential intermediary program shall be paid by the person
requesting the services of a confidential intermediary. If the juvenile court of a county
is supplying the information, the actual and reasonable costs shall be paid to the clerk
of the court of that county who shall transmit the monies to the county treasurer of that
county for deposit in the juvenile probation services fund to be utilized by the juvenile
court of that county for reimbursing the court for costs associated with providing
information pursuant to the confidential intermediary program. If the division is
supplying the information, the actual and reasonable costs shall be paid to the
division. If an agency is supplying the information, the actual and reasonable costs
shall be paid to the agency. 8-135 Confidential intermediary and fiduciaryfund
A. The confidential intermediary and fiduciary fund is established consisting of
the monies received pursuant to section 12-284.03, subsection A, paragraph 8, section
36-342, subsection B, section 14-5651, subsection A, legislative appropriations,
donations, fees, grants and contracts for the purposes of implementing the confidential
intermediary program established by section 8-134 and performing the duties related to
fiduciaries pursuant to section 14-5651. The supreme court shall administer the fund
subject to legislative appropriation. On notice from the supreme court, the state
treasurer shall invest and divest monies in the fund as provided by section 35-313, and
monies earned from investment shall be credited to the fund. The fund is exempt from the
provisions of section 35-190 relating to lapsing of appropriations.
B. The appropriated funds shall only be used for the designated purposes specified
in statute.
8-141 Definitions; exception
A. In this article, unless the context otherwise requires:
1. "Adoption subsidy" means a grant provided to a child with special needs which
has been applied for through the department.
2. "Agency" means the department or a child welfare agency which is authorized in
its license issued by the department to place or care for children in foster care.
3. "Application" means the completion of the department application form with
documentation of the child's special needs.
4. "Child" means any person under the age of eighteen years who is legally free for
adoption and who otherwise may not be adopted because the person has special needs.
5. "Department" means the department of economic security.
6. "Developmental disability" has the same meaning as provided in section 36-551.
7. "Emotional disturbance" means a condition which impedes the child's ordinary
developmental progress as defined by accepted psychiatric or psychological standards and
as diagnosed by one or more psychiatrists or psychologists approved by the department.
8. "Emotional ties" include:
(a) Identification of the child as a member of the foster family.
(b) Identification by the foster family of the child as belonging to that family.
(c) The likelihood that the child will not establish significant emotional ties to
another family if he is denied permanent placement with the foster family.
9. "High risk of physical or mental disease" means a potentially debilitating
condition as defined by accepted standards of the health service profession and as
certified by one or more health service providers approved by the department.
10. "High risk of severe emotional disturbance if removed from the care of his
foster parents" means the development of significant emotional ties to the foster family
as documented by the child's case manager and as diagnosed by a psychiatrist or
psychologist approved by the department.
11. "Mental disability" means a lifelong condition which is characterized by
impaired intellectual development and impedes the ability to function independently as
defined by accepted national standards and as certified by a psychologist, physician or
child development specialist approved by the department.
12. "Physical disability" means one of the following conditions:
(a) A chronically debilitating, progressive or fatal disease which requires
assistance for the child in activities of daily living.
(b) The requirement of assistance of another person or mechanical device for
movement from place to place.
13. "Racial or ethnic factors" means Black, Hispanic, Native American, Oriental or
other heritage which may prevent a child from being adopted by a family of similar racial
or ethnic origin.
14. "Special needs" means one or more of the following conditions which existed
before the finalization of adoption:
(a) Physical, mental or developmental disability.
(b) Emotional disturbance.
(c) High risk of physical or mental disease.
(d) High risk of developmental disability.
(e) Age of six or more years at the time of application for an adoption subsidy.
(f) Sibling relationship.
(g) Racial or ethnic factors.
(h) High risk of severe emotional disturbance if removed from the care of his
foster parents.
(i) Any combination of the special needs described in this paragraph.
B. The condition described in subsection A, paragraph 17, subdivision (h), is not a
special need unless the foster care relationship existed before the foster adoption
placement was made.
8-142.01 Adoption subsidy program; hospital reimbursement
A. Notwithstanding section 8-144, subsection B, for inpatient hospital admissions
and outpatient hospital services on or after March 1, 1993, the department shall
reimburse a hospital according to the tiered per diem rates and outpatient cost-to-charge
ratios established by the ARIZONA health care cost containment system pursuant to section
36-2903.01, subsection H.
B. The department shall use the ARIZONA health care cost containment system rates
as identified in subsection A of this section for any child enrolled in the adoption
subsidy program. This requirement shall not be construed to expand the liability of the
adoption subsidy program beyond eligible preexisting conditions on an adoption subsidy
agreement entered into between the department and the adoptive parent.
C. A hospital bill is considered received for purposes of subsection E of this
section upon initial receipt of the legible, error-free claim form by the department if
the claim includes the following error-free documentation in legible form:
1. An admission face sheet.
2. An itemized statement.
3. An admission history and physical.
4. A discharge summary or an interim summary if the claim is split.
5. An emergency record, if admission was through the emergency room.
6. Operative reports, if applicable.
7. A labor and delivery room report, if applicable.
D. The department shall require that the hospital pursue other third party payors
before submitting a claim to the department. Payment received by a hospital from the
department pursuant to this section is considered payment by the department of the
department's liability for the hospital bill. A hospital may collect any unpaid portion
of its bill from other third party payors or in situations covered by title 33, chapter
7, article 3.
E. For inpatient hospital admissions and outpatient hospital services rendered on
and after October 1, 1997, if the department receives the claim directly from the
hospital for services rendered, the department shall pay a hospital's rate established
according to this section subject to the following:
1. If the hospital's bill is paid within thirty days of the date the bill was
received, the department shall pay ninety-nine per cent of the rate.
2. If the hospital's bill is paid after thirty days but within sixty days of the
date the bill was received, the department shall pay one hundred per cent of the rate.
3. If the hospital's bill is paid any time after sixty days of the date the bill
was received, the department shall pay one hundred per cent of the rate plus a fee of one
per cent per month for each month or portion of a month following the sixtieth day of
receipt of the bill until the date of payment.
F. For medical services other than those for which a rate has been established
pursuant to section 36-2903.01, subsection H, the department shall pay according to the
ARIZONA health care cost containment system capped fee-for-service schedule adopted
pursuant to section 36-2904, subsection K.
G. For any hospital or medical claims not covered under subsection A or F of this
section, the department shall establish and adopt a schedule setting out maximum
allowable fees that the department deems reasonable for such services after appropriate
study and analysis of usual and customary fees charged by providers. 8-142 Adoption subsidy program; funding;claims; limitation
A. The department of economic security shall establish and administer an ongoing
program of subsidized adoption. Adoption subsidies shall be provided from monies
appropriated to the department or made available to it from other sources.
B. The department of economic security shall not pay claims for a special services
subsidy which are submitted more than nine months after the date of the service for which
payment is claimed except as authorized by rules of the department.
C. The department of economic security shall not consider an applicant for a state
adoption subsidy until the applicant has applied for all existing federal eligibility
categories under the title IV-E program.
D. The total amount that may be expended in any fiscal year by the department of
economic security for the adoption subsidy program shall not exceed the amount
appropriated in the general appropriations act for the program and any monies granted by
the federal government, together with additional amounts appropriated for the program by
any special legislative appropriation. Transfers of monies between and among classes and
programs shall continue to be permitted in accordance with the provisions of section
35-173.
8-143 Eligibility; limitation
Foster parents who are interested in adopting a child in their home or any other
persons interested in adopting a child under public or private agency care, whether the
adoption is through a public or private agency, may apply to the department of economic
security to have the adoption of a child subsidized. All persons approved for the
program as adoptive parents shall meet adoption agency standards except for the financial
ability to support the child. A subsidy shall not be denied solely on the grounds that
the child is placed for adoption through a private agency.
8-144 Subsidy agreement; duration; amount;periodic review; confidentiality
A. The family entering into subsidized adoption and the department shall sign a
subsidy agreement which shall contain a provision for periodic review as provided in
subsection C of this section before the final decree of adoption is issued, except as
provided in subsection B of this section. Adoption subsidies may commence with the
adoption placement or after the adoption decree, and will vary with the needs due to the
special circumstances of the adopted child as well as the availability of other
resources.
B. The adoption subsidy may continue through the age of twenty-one if the
individual is enrolled in and regularly attending school unless the person has received a
high school diploma or certificate of equivalency. The subsidy may be for special
services only or for money payments, and either for a limited period or for a long term,
or for any combination thereof. The amount of the subsidy shall not exceed the payments
allowable under foster family care. A special service subsidy shall not exceed the
reasonable fee for the service rendered in accordance with costs and procedures for
authorization of services as determined by the department.
C. There shall be a periodic review which shall take place at least once a year by
the department to determine the appropriateness and reasonableness of all subsidies and
to ascertain the need for continuing or adjusting the subsidy.
D. Notwithstanding the provisions of subsection A of this section, an application
may be made and granted on behalf of a child adopted pursuant to the laws of this state
at any time for a new or increased adoption subsidy upon documentation of an undiagnosed
condition which existed before the finalization of the adoption.
E. All records regarding subsidized adoption shall be confidential and may be
disclosed only in accordance with the rules of the department of economic security.
8-145 Appeals
An order denying, reducing or terminating a subsidy shall be appealable pursuant to
title 41, chapter 6, article 6 and chapter 14, article 3.
8-161 Definitions
In this article, unless the context otherwise requires:
1. "Application" means the completion of the department application form with
documentation of the child's special needs and nonrecurring expenses related to the
adoption.
2. "Child" means a person who is under the age of eighteen years and who is adopted
in this state or placed for adoption from this state.
3. "Department" means the department of economic security.
4. "Nonrecurring adoption expenses" means reasonable and necessary adoption fees,
court costs, attorney fees and expenses which are directly related to the legal process
of adoption of a child with special needs including costs relating to the adoption study,
health and psychological examinations, supervision of the placement before the adoption,
transportation and reasonable costs of lodging and food for the child or adoptive parents
which are incurred to complete the adoption process, meet federal requirements and are
not reimbursed by other sources.
5. "Special needs" has the same meaning as provided in section 8-141.
8-162 Nonrecurring adoption expense program;funding; use of other resources; payment
A. The department shall establish and administer a program of payment for
nonrecurring adoption expenses. Nonrecurring adoption expenses shall be provided from
monies appropriated to the department or made available to it from other sources.
B. Except as provided in subsection C, the department shall not reimburse
nonrecurring adoption expenses unless an application is approved and an agreement is
signed by the department and the applicant for nonrecurring expenses before entry of the
final decree of adoption.
C. The department may approve and reimburse these expenses after the finalization
of an adoption only in the following situations:
1. A final decree of adoption was entered into on or after January 1, 1987 and
before the effective date of this article.
2. A final decree was entered into before January 1, 1987, but nonrecurring
adoption expenses were paid after January 1, 1987.
D. For adoptions finalized between January 1, 1987 and the effective date of this
article, a person shall file an application by December 14, 1990.
8-163 Eligibility
A. Parents who have adopted a child with special needs may apply to the department
of economic security for reimbursement of the nonrecurring expenses of that adoption.
B. To be eligible for reimbursement, the application must document the following:
1. The child cannot or should not be returned to the home of his parents.
2. The special needs of the child require financial assistance in order to place
that child with the adoptive parents.
3. Reasonable effort has been made to place the child without providing
reimbursement for nonrecurring adoption expenses, unless this is against the best
interests of the child.
C. The department shall review the completed application, including supporting
documentation provided by the applicant, to determine eligibility for reimbursement of
nonrecurring adoption expenses.
8-164 Nonrecurring expenses; limitation
A. The amount of nonrecurring adoption expenses paid by the department shall not
exceed two thousand dollars for each eligible child.
B. The department shall not pay for nonrecurring adoption expenses which are
submitted more than nine months after the final decree of adoption, except as provided
pursuant to section 8-162, subsections C and D.
C. Nonrecurring adoption expenses not subject to reimbursement shall include, but
are not limited to, family counseling received prior to the final decree of adoption or
one time costs associated with physical remodeling, renovation and alteration of the
adoptive parents' home or property.
8-165 Records
The department shall maintain records which include information regarding age, sex,
ethnicity, country or state of origin, type of placement agency and category of
nonrecurring adoption expenses which are reimbursed pursuant to this article.
8-166 Appeals
A person may appeal a department decision denying or reducing an application for
reimbursement of nonrecurring expenses pursuant to title 41, chapter 6, article 6 and
chapter 14, article 3.
8-171 Definitions
In this article, unless the context otherwise requires:
1. "Adoption assistance" means payments, medical assistance or benefits provided by
an adoption assistance state pursuant to applicable federal and state laws.
2. "Adoption assistance state" means a state that is a signatory to an interstate
adoption assistance compact.
3. "Department" means the department of economic security.
4. "State" means a state, district, commonwealth or territory of the United States.
8-172 Interstate compacts; requirements;optional contents
The department may enter into a compact with other states to provide for the
reciprocal enforcement of adoption assistance agreements. A compact entered into
pursuant to this section shall contain the following:
1. A provision making it available for joinder by all states.
2. A provision or provisions for withdrawal from the compact on written notice to
the parties no sooner than one year from the date of the notice.
3. A requirement that the protections afforded by or pursuant to the compact
continue in force for the duration of the adoption assistance and are applicable to all
children and their adoptive parents who on the effective date of the state's withdrawal
from the compact are receiving adoption assistance from a party state other than the one
in which they are residents and have their principal place of abode.
4. A requirement that each instance of adoption assistance to which the compact
applies is covered by an adoption assistance agreement in writing between the adoptive
parents and the state child welfare agency of the state that provides the adoption
assistance and that this agreement is expressly for the benefit of the adopted child and
is enforceable by the adoptive parents and the state agency providing the adoption
assistance.
5. Other provisions necessary to implement the compact.
8-173 Adoption assistance agreements;reciprocity conditions; violation; classification
A. A child who resides in this state and who is the subject of an adoption
assistance agreement with a state that has entered into a compact with this state is
entitled to receive medical assistance from this state if the adoption assistance
agreement provides categorical eligibility for federally funded medical assistance. This
entitlement begins on the filing with the department of a certified copy of the adoption
assistance agreement obtained from the adoption assistance state. In accordance with
department rules, the adoptive parents shall show at least annually that the agreement
with the other adoption assistance state is still in force or has been renewed.
B. The department and the ARIZONA health care cost containment system
administration shall consider the holder of an adoption assistance agreement, as provided
in subsection A of this section, as any other eligible medical assistance person under
the laws of this state and shall make medical assistance payments pursuant to the same
conditions and procedures for other recipients of medical assistance.
C. A person who knowingly submits a claim for payment or reimbursement for services
or benefits pursuant to this section or who makes a statement in connection with a claim
that is false, misleading or fraudulent is guilty of a class 6 felony.
|
|
|
|
