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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Children
Chapter : CHILD WELFARE AND PLACEMENT
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8-501 Definitions A. In this article, unless the context otherwise requires: 1. "Child welfare agency" or "agency": (a) Means: (i) Any agency or institution maintained by a person, firm, corporation, association or organization to receive children for care and maintenance or for twenty-four hour social, emotional or educational supervised care or who have been adjudicated as a delinquent or dependent child. (ii) Any institution that provides care for unmarried mothers and their children. (iii) Any agency maintained by the state, or a political subdivision thereof, person, firm, corporation, association or organization to place children or unmarried mothers in a foster home. (b) Does not include state operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to title 36, chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques. 2. "Division" or "department" means the department of economic security. 3. "Foster child" means a child placed in a foster home or child welfare agency. 4. "Foster home" means a home maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals. 5. "Foster parent" means any individual or individuals maintaining a foster home. 6. "Group foster home" means a licensed regular or special foster home suitable for placement of more than five minor children but not more than ten minor children. 7. "Out-of-home placement" means the placing of a child in the custody of an individual or agency other than with the child's parent or legal guardian and includes placement in temporary custody pursuant to section 8-821, subsection A or B, voluntary placement pursuant to section 8-806 or placement due to dependency actions. 8. "Parent" means the natural or adoptive mother or father of a child. 9. "Reason for leaving care" means one of the following: (a) Reunification with parent or primary caretaker. (b) Living with other relative. (c) Adoption by relative. (d) Adoption by foster parent. (e) Adoption by another person. (f) Age of majority. (g) Guardianship by relative. (h) Guardianship by another person. (i) Transfer to another agency. (j) Runaway. (k) Death. 10. "Receiving foster home" means a licensed foster home suitable for immediate placement of children when taken into custody or pending medical examination and court disposition. 11. "Regular foster home" means a licensed foster home suitable for placement of not more than five minor children. 12. "Relative" means a grandparent, great grandparent, brother or sister of whole or half blood, aunt, uncle or first cousin. 13. "Restrictive behavior management" means an intervention or procedure that attempts to guide, redirect, modify or manage behavior through the use of any of the following: (a) Physical force to cause a child to comply with a directive. Physical force does not include physical escort. For the purposes of this subdivision, "physical escort" means temporarily touching or holding a child's hand, wrist, arm, shoulder or back to induce the child to walk to a safe location. (b) A device, action or medication to restrict the movement or normal function of a child in order to control or change the child's behavior and that includes: (i) Chemical restraint. For the purposes of this item, "chemical restraint" means the use of any psychoactive medication as a restraint to control the child's behavior or to restrict the child's freedom of movement and that is not a standard treatment for the child's medical or psychiatric condition. (ii) Mechanical restraint. For the purposes of this item, "mechanical restraint" means the use of any physical device to limit a child's movement and to prevent the child from causing harm to self or to others. Mechanical restraint does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets or any other method that involves the physical holding of a child to conduct a routine physical examination or test or to protect the child from falling out of bed or to permit the child to participate in activities in order to reduce the risk of physical harm to the child. (iii) Physical restraint. For the purposes of this item, "physical restraint" means applying physical force to reduce or restrict a child's ability to freely move the child's arms, legs or head. Physical restraint does not include temporarily holding a child to permit the child to participate in activities of daily living if this holding does not involve the risk of physical harm to the child. (iv) Seclusion. For the purposes of this item, "seclusion" means placing a child against the child's will in a room in which the child is unable to open the door in order to prevent the child from doing harm to self or others. 14. "Special foster home" means a licensed foster home capable of handling not more than five minor children who require special care for physical, mental or emotional reasons or who have been adjudicated delinquent. Special foster home includes any home handling foster children aged twelve through seventeen. B. A foster home or any classification of foster home defined in subsection A of this section includes a home having the care of persons who are under twenty-one years of age and the cost of whose care is provided pursuant to section 46-134, subsection A, paragraph 14. 8-502 Administration
Child placement as provided for in this article shall be administered by the
division subject to the provisions of chapter 1 of title 46.
8-503.01 Children and family services training program fund; purposes; status report; exemption from lapsing
A. The division shall establish a children and family services training program
fund consisting of monies received pursuant to sections 8-243.01 and 8-807. Subject to
legislative appropriation, the fund monies shall be used to enhance the collection of
monies owed the department of economic security pursuant to section 8-243 and to
administer a children and family services training program for the training of child
protective services workers, public employees in related program services and employees
of child welfare agencies and community treatment programs that, in the judgment of the
director of the department, would benefit from staff training. However, the department
shall not use fund monies to pay any portion of training program staff salaries and
training program staff expenses. The department shall use monies collected under section
8-807 only to reimburse the department for the labor, editing and copying charges related
to that section.
B. The director shall include in the annual report required under section 41-1960 a
status report on and an evaluation of the children and family services training program.
C. Ninety per cent of the monies collected under the provisions of this section
shall be deposited in the children and family services training program fund, not more
than ten per cent of which shall be used to enhance the collection of monies owed the
department of economic security pursuant to section 8-243. The remaining ten per cent of
the monies collected shall be deposited in the general fund of the state.
8-503 Powers and duties
A. The division shall:
1. Exercise supervision over all child welfare agencies.
2. Advise and cooperate with the governing boards of all child welfare agencies.
3. Assist the staffs of all child welfare agencies by giving advice on progressive
methods and procedures of child care and improvement of services.
4. Establish rules, regulations, and standards for:
(a) Licensing of child welfare agencies.
(b) Licensing of foster homes.
(c) Classifications of foster homes as:
(i) Receiving foster homes.
(ii) Regular foster homes.
(iii) Special classes of foster homes as are needed according to the types of
problems involved.
(iv) Group foster homes.
(d) Certifying each foster home according to one or more of the categories defined
in subdivision (c) of this paragraph.
(e) Initial and ongoing foster parent training programs.
(f) The method of approving foster parent training programs.
(g) Uniform amounts of payment for all foster homes according to certification.
However, variations in uniform amounts of payments may be allowed for foster homes based
on consideration of geographical location or age or mental or physical condition of a
foster child.
(h) Annual renewal of licenses of child welfare agencies and foster homes.
(i) Form and content of investigations, reports and studies concerning disposition
of children and foster home placement.
5. Establish a program of counseling and rehabilitation of parents whose children
have been placed in foster homes.
6. Establish foster parent training programs or contract with other agencies,
institutions or groups for the provision of such programs to foster parents. Foster
parent training programs shall be established in at least the following areas:
(a) Initial and ongoing training as a foster parent for a regular or group foster
home.
(b) Initial and ongoing training as a foster parent for a special foster home.
7. Regulate the importation and exportation of children.
8. In conjunction with the department of education and the department of
corrections, develop and implement a uniform budget format to be submitted by licensed
child welfare agencies. The budget format shall be developed in such a manner that, at a
minimum, residential and educational instructional costs are separate and distinct
budgetary items.
9. Beginning October 1, 1983, establish as a goal that, at any given time, not more
than fifty per cent of the total number of children whose maintenance is subsidized by
title IV, part E of the social security act, as amended, shall be in foster care in
excess of twenty-four consecutive months. The division shall establish through
regulations appropriate procedures to achieve the goal.
B. Except as provided in section 8-514.01, large group settings for children, group
homes for children and child developmental foster homes which have one or more residents
who are developmentally disabled clients of the department shall be licensed pursuant to
title 36, chapter 5.1, article 3. Rules, regulations and standards adopted pursuant to
subsection A, paragraph 4 of this section shall not apply to group homes for children or
child developmental foster homes licensed pursuant to title 36, chapter 5.1, article 3.
8-504 Sanitation, fire and hazardinspection
A. The division shall visit each child welfare agency and foster home and inspect
the premises used for care of children for sanitation, fire and other actual and
potential hazards. The division shall take action it deems necessary to carry out the
duties imposed by this section including the denial of the application for licensure and
the suspension or revocation of a license.
B. The division may delegate any additional inspection, examination or study
provided for by this article, including inspection of premises for fire hazards, to an
agency, department, political subdivision or governmental entity deemed appropriate by
the division.
8-505 Issuance of licenses; application;investigation; renewal
A. The issuance of initial and renewal licenses for child welfare agencies shall be
made by the division.
B. A child welfare agency shall not receive any child for care or maintenance or
for placement in a foster home unless the agency is licensed by the division. Application
for a license shall be made on a form prescribed by the division.
C. The division shall, before issuing a license to an agency, investigate the
activities and standards of care of the agency, its financial stability, the character
and training of the applicant, the need for such agency, and the adequacy of its intended
services to insure the welfare of children. A provisional license may be issued to any
agency whose services are needed but which is temporarily unable to conform to the
established standards of care. If the applicant meets the standards as established by
the division a regular license shall be issued for a period of one year.
D. Each license shall state in general terms the kind of child welfare service the
licensee is authorized to undertake, the number of children that can be received if the
licensee is a private agency, their ages and sex, and, if authorized to place and
supervise children in foster homes, the geographical area the agency is equipped to
serve.
E. Every license shall expire one year from the date of issuance, and may be
renewed annually on application of the agency, except that provisional licenses may be
issued for not more than six months from the date of issuance and may not be renewed.
8-506.01 Denial, suspension, revocation or change of license; child welfare agency; appeal
The division may deny the application or suspend or revoke the license of any child
welfare agency for the wilful violation of any provision of this chapter or for failure
to maintain the standards of the care prescribed by the division. Written notice of the
grounds of the suspension or the proposed denial or revocation or any other material
change in the license status, including provisional status, shall be given the applicant
or holder of the license. Within twenty days after receipt of written notice of a
proposed denial, revocation, suspension or change, the applicant or holder may request a
hearing in accordance with title 41, chapter 6, article 10. If the hearing is requested
it shall be held within ten days of the request, at which time the applicant or holder
has the right to subpoena witnesses, present testimony and confront witnesses.
8-506 Denial, suspension or revocation oflicense; foster home; hearing
The division may deny the application or suspend or revoke the license of any foster
home for wilful violation of any provision of this chapter or failure to maintain the
standards of the care prescribed by the division. Written notice of the grounds of the
suspension or the proposed denial or revocation shall be given the applicant or holder of
the license. A copy of the written notice of the suspension or the proposed
denial, or revocation shall be forwarded to the agency that recommended the foster
home for licensing. Within twenty days after receipt of written notice of proposed
denial, revocation, or suspension, the applicant or holder may request a hearing in
accordance with the rules of the division. If the hearing is requested it shall be held
within ten days of the request, at which time the applicant or holder shall have the
right to present testimony and confront witnesses.
8-507 Operation without license
A. When the division has reason to believe that an agency or foster home is being
conducted or maintained without a license, it shall make an investigation, and, if
necessary the division shall take action to prevent such continued operation.
B. If an agency provides treatment or permits restrictive behavior techniques to be
used, the agency shall obtain a license issued by the department of health services
pursuant to title 36, chapter 4 or a child welfare agency license issued by the
department of economic security pursuant to this chapter.
C. The superior court shall have jurisdiction to issue an injunction restraining
the operation of a child welfare agency or foster home without a license.
8-508 Receipt of articles ofincorporation
Before issuing a charter for the incorporation of any organization for the purpose
of receiving children for care or for placement in foster homes, the corporation
commission shall transmit a copy of the petition for incorporation, together with all
information in its possession pertaining to the proposed corporation, to the
division. Application for amendment of the existing charter of such corporation shall be
similarly referred.
8-509 Licensing of foster homes; renewal oflicense; provisional license
A. The division shall license and certify foster homes. Licenses are valid for a
period of one year.
B. The division shall not issue a license without satisfactory proof that the
foster parent or parents have completed six actual hours of approved initial foster
parent training as set forth in section 8-503 and that each foster parent and each other
adult member of the household 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 foster parent and each other
adult member of the household must certify on forms that are provided by the division and
that are notarized whether the foster parent or other adult member of the household 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.
C. The division shall not renew a license without satisfactory proof that the
foster parent or parents have completed six actual hours of approved ongoing foster
parent training as set forth in section 8-503.
D. Notwithstanding the requirements of subsections B and C of this section, if the
division determines a condition of hardship to the foster parent or parents, the division
may issue a provisional license for a period not to exceed six months. A provisional
license may not be renewed.
E. Child welfare agencies that submit foster homes for licensing shall conduct an
investigation of the foster home pursuant to licensing rules of the division. The
division shall conduct investigations of all other foster homes. If the foster home
meets all requirements set by the division, the agency shall submit an application
stating the foster home's qualifications to the division. The agency may also recommend
the types of licensing and certification to be granted to the foster home.
F. The division shall accept an adoptive home certification study as a licensing
home study if the study has been updated within the past three months to include the
information necessary to determine whether the home meets foster care licensing
standards.
G. This section shall not apply when the child is placed in a home by a means
other than by court order and when the home receives no compensation from the state or
any political subdivision of the state.
H. The division shall not prohibit a person operating a licensed foster home from
applying for or receiving compensation as a foster home parent due to employment with the
state of ARIZONA. 8-510 Acceptance of children by agency
A. A licensed child welfare agency may accept any child of a class, age and sex
specified in its license, from the child's parent, guardian or relative, or a child which
is lawfully committed thereto, and shall care for and control the child until discharged
to its parent, relative or guardian, transferred to another child welfare agency or
otherwise lawfully committed to another.
B. A licensed child welfare agency may assume the care, custody and guardianship of
the person or estate of a child, or both, during the minority of the child, upon the
order of a court having jurisdiction.
8-512 Comprehensive medical and dental care;guidelines
A. The department shall provide comprehensive medical and dental care, as
prescribed by rules of the department, for each child:
1. Placed in a foster home.
2. In the custody of the department and placed with a relative.
3. In the custody of the department and placed in a certified adoptive home before
the entry of the final order of adoption.
4. In the custody of the department and in an independent living program as
provided in section 8-521.
5. In the custody of a probation department and placed in foster care. The
department shall not provide this care if the cost exceeds funds currently appropriated
and available for that purpose.
B. The care may include, but is not limited to:
1. A program of regular health examinations and immunizations including as
minimums:
(a) Vaccinations to prevent mumps, rubella, smallpox and polio.
(b) Tests for anemia, coccidioidomycosis and tuberculosis.
(c) Urinalysis, blood count and hemoglobin tests.
(d) Regular examinations for general health, hearing and vision, including
providing corrective devices when needed.
2. Inpatient and outpatient hospital care.
3. Necessary services of physicians, surgeons, psychologists and psychiatrists.
4. Dental care consisting of at least oral examinations including diagnostic
radiographs, oral prophylaxis and topical fluoride applications, restoration of permanent
and primary teeth, pulp therapy, extraction when necessary, fixed space maintainers where
needed and other services for relief of pain and infection.
5. Drug prescription service.
C. The facilities of any hospital or other institution within the state, public or
private, may be employed by the foster parent, relative, certified adoptive parent,
agency or division having responsibility for the care of the child.
D. 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.
E. The department shall use the ARIZONA health care cost containment system rates
as identified in subsection D of this section for any child eligible for services under
this section.
F. A hospital bill is considered received for purposes of subsection H 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.
G. 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 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.
H. For inpatient hospital admissions and outpatient hospital services rendered on
and after October 1, 1997, 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.
I. 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.
J. For any hospital or medical claims not covered under subsection D or I 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. The department shall
not pay to any plan or intermediary that portion of the cost of any service provided that
exceeds allowable charges prescribed by the department pursuant to this subsection.
K. The department shall not pay claims for services pursuant to this section that
are submitted more than one hundred eighty days after the date of the service for which
the payment is claimed.
L. The department may provide for payment through an insurance plan, hospital
service plan, medical service plan, or any other health service plan authorized to do
business in this state, fiscal intermediary or a combination of such plans or
methods. The state shall not be liable for and the department shall not pay to any plan
or intermediary any portion of the cost of comprehensive medical and dental care in
excess of funds appropriated and available for such purpose at the time the plan or
intermediary incurs the expense for such care.
M. The total amount of state monies that may be spent in any fiscal year by the
department for comprehensive medical and dental care shall not exceed the amount
appropriated or authorized by section 35-173 for that purpose. This section shall not be
construed to impose a duty on an officer, agent or employee of this state to discharge a
responsibility or to create any right in a person or group if the discharge or right
would require an expenditure of state monies in excess of the expenditure authorized by
legislative appropriation for that specific purpose. 8-513 Participation in activities
A. A child may participate in activities and functions generally accepted as usual
and normal for children of the child's age group if permission is granted as follows:
1. When the activity by law requires a license, the agency or division that placed
the child may give permission on request of the foster parent.
2. When the activity includes the child leaving the jurisdiction of the court for a
period not to exceed thirty days, the agency or division that placed the child may give
permission on request of the foster parent.
3. When the activity is one which is associated with a school or organization not
prohibited by rule of the division, the foster parents of the child may give permission.
B. The state shall indemnify and hold harmless the agency or foster parents for
liability that may be incurred or alleged as a result of giving permission pursuant to
subsection A if it is reasonably and prudently given. The state shall provide the defense
of any action alleging such liability.
C. A child placed in foster care has the right to maintain contact with friends,
siblings and other relatives unless the court has determined that contact is not in the
child's best interests as determined pursuant to a court hearing.
8-514.01 Placement of developmentally disabled children
All foster placements of developmentally disabled children made by the division
shall be made to child developmental foster homes for developmentally disabled children
operated or licensed by the department pursuant to title 36, chapter 5.1, article 3 which
provide specialized programs for developmentally disabled children, except that
placements of developmentally disabled children to other types of foster homes licensed
pursuant to this article may be made, when the division determines that such placement is
in the best interests of the child.
8-514.02 Placement with parent or relative
A. The department may place a child with a parent or relative.
B. Unless approved in writing by the department, the parent or relative shall not
allow the child to:
1. Be placed with any other person.
2. Have any contact with the allegedly abusive or neglectful parent, guardian or
custodian or other person designated by the department.
3. Leave this state.
C. If a child is placed with a parent or relative pursuant to this section, the
department shall inform the parent or relative about available financial and nonfinancial
services and eligibility requirements and shall assist the parent or relative to complete
the necessary applications.
8-514.03 Kinship foster care; requirements; investigation; report
A. The department shall establish kinship foster care services for a child who has
been removed from the child's home and is in the custody of the department. The program
shall promote the placement of the child with the child's relative for kinship foster
care.
B. A kinship foster care parent applicant who is not a licensed foster care parent
shall be at least eighteen years of age. The applicant and each member of the applicant's
household who is at least eighteen years of age shall submit a full set of fingerprints
to the department for the purpose of obtaining 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. The department
shall determine if the applicant is able to meet the child's health and safety needs by
conducting one or more home visits and interviewing the applicant. The department of
economic security may interview other household members, review the applicant's personal
and professional references and conduct child protective services central registry
checks.
C. If the department determines that a kinship foster care placement is not in the
best interest of the child, the department shall provide written notification to the
applicant within fifteen business days. The notice shall include the specific reason for
denial, the applicant's right to appeal and the process for reviewing the decision.
D. A kinship foster care parent may be eligible to receive the following financial
services for the child:
1. Full foster care benefits, including payment if the kinship foster care parent
becomes a licensed foster care home.
2. Temporary assistance for needy families cash assistance payments for a child
only case and supplemental financial support.
E. The department shall establish procedures for child welfare workers to inform
kinship foster care families about available financial and nonfinancial services and
eligibility requirements and shall assist the families in completing the necessary
application.
F. If a family declines to apply for financial services, the family shall sign a
statement indicating that the family declined services. The statement does not prevent
the family from making application in the future. The worker shall provide a copy of the
statement to the family.
G. The department shall provide nonfinancial services for a kinship foster care
parent through existing means or referral. Nonfinancial services may include:
1. Family assessment.
2. Case management.
3. Child day care.
4. Housing search and relocation.
5. Parenting skills training.
6. Supportive intervention and guidance counseling.
7. Transportation.
8. Emergency services.
9. Parent aid services.
10. Respite services.
11. Additional services that the department determines are necessary to meet the
needs of the child and family.
H. The department of economic security shall evaluate biannually the performance of
the kinship foster care program. On or before November 1, the department shall report to
the speaker of the house of representatives, the president of the senate, and the
governor. The report shall contain the following information:
1. The demographics and number of children placed with relative caregivers.
2. The demographics of kinship foster caregivers.
3. The number of relative children per kinship foster care family.
4. The department's success at maintaining kinship foster care placements.
5. The type of services provided to kinship foster care families.
6. The cost of services provided to kinship foster care families compared to the
cost of out-of-home placements.
7. Recommendations regarding program improvement.
8-514.04 Kinship care program; requirements
A. The kinship care program is established in the department of economic security.
The program shall:
1. Streamline, expedite and coordinate existing services and referrals.
2. Preserve families.
3. Help meet the protection, developmental, cultural and permanency needs of
children.
4. Enable families to sustain support for a child who cannot live with the child's
parents.
B. The department shall adopt rules to prescribe application and eligibility
requirements that provide an expedited process for kinship care families to receive child
only temporary assistance for needy families.
C. The department shall use existing measures for outreach and marketing in order
to facilitate community awareness regarding the program.
D. The department shall submit an amendment to modify the temporary assistance for
needy families state plan to the United States department of health and human services.
The amendment shall waive the face-to-face requirement for relative caregivers applying
for temporary assistance for needy families, for a child only case.
E. Any kinship care family that applies for or receives cash assistance under this
section on behalf of a dependent child who is under eighteen years of age shall conform
to the requirements established pursuant to sections 46-292 and 46-295 and department
rule unless the requirements have been modified pursuant to this section.
F. The department shall keep confidential information it obtains pursuant to this
section. 8-514.05 Foster care provider access to child health information; consent to treatment A. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child placed in out-of-home placement and has custody or control of that child's medical or behavioral health records, the plan, provider or institution must provide the following to the child's foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 4 of this chapter: 1. Medical records. 2. Behavioral health records. 3. Information relating to the child's condition and treatment. 4. The child's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information. B. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child for whom the department is the legal guardian or is providing foster care or substance abuse services and has custody or control of that child's medical or behavioral health records, the plan, provider or institution must provide the following to the department's employees who are involved in the child's case management: 1. Medical records. 2. Behavioral health records. 3. Information relating to the child's condition and treatment. 4. The child's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information. C. The foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 4 of this chapter: 1. May give consent for the following: (a) Evaluation and treatment for emergency conditions that are not life threatening. (b) Routine medical and dental treatment and procedures, including early periodic screening diagnosis and treatment services, and services by health care providers to relieve pain or treat symptoms of common childhood illnesses or conditions. 2. Shall not consent to: (a) General anesthesia. (b) Surgery. (c) Testing for the presence of the human immunodeficiency virus. (d) Blood transfusions. (e) Abortions. 8-514 Placement in foster homes
A. Subject to the provisions of section 8-514.01, the division or a licensed child
welfare agency if so authorized in its license, may place a child in a licensed foster
home for care or for adoption.
B. At the time of placement there shall be presented to the foster parents, by the
agency or division placing the child, a written summary of known, unprivileged,
information regarding the child, including but not limited to:
1. Demographic information.
2. Type of custody and previous placement.
3. Pertinent family information including but not limited to the names of family
members who, by court order, may not visit the child.
4. Known or available medical history including but not limited to:
(a) Allergies.
(b) Immunizations.
(c) Childhood diseases.
(d) Physical handicaps.
(e) Other idiosyncrasies.
(f) The child's last doctor, if known.
5. A summary of the child's history of adjudication on acts of delinquency, as may
be public record and available in the file of the clerk of the superior court.
C. The responsibility of the agency or the division for a child placed in a foster
home shall be defined in writing and accepted by the person receiving the child. The
agency or division shall make available to the foster parents a method of acquiring
emergency information that may be necessary to deal with situations that may arise
pursuant to their responsibilities as foster parents.
D. Every foster home shall maintain a record of the children received, which shall
include facts in regard to the children and their care and shall be in the form and kept
in the manner prescribed by the division.
8-515.01 Local foster care review boards; appointment; exclusions; terms; training; compensation; meetings
A. The presiding judge of the juvenile court in each county shall establish local
foster care review boards for the review of cases of children who are in out-of-home
placement and who are the subject of a dependency action to assist in the review required
pursuant to section 8-862. The judge shall establish one board for each one hundred
children, or fraction of that number. The judge may decide not to create an additional
review board if the number of children assigned to a review board exceeds one hundred by
fewer than fifty children. The boards shall consist of at least five regular
members. The judge may appoint one alternate member for each board if deemed
necessary. The alternate member shall receive all case correspondence and reports and
shall serve on the review board in the absence of one of the regular members. Each board
shall, to the maximum extent feasible, represent the various socioeconomic, racial and
ethnic groups of the county in which it serves. A list of the members of each local
board shall be sent to the supreme court.
B. The presiding judge shall not appoint a person employed by the division, any
child welfare agency or the juvenile court to a local board.
C. On the appointment of a new local board, regular board members shall divide
themselves by lot into three classes as nearly equal in number as possible. Members of
the first class shall serve for a term of one year, members of the second class shall
serve for a term of two years and members of the third class shall serve for a term of
three years. All subsequent local board members, including alternate members, shall
serve for a term of three years, except if a member has been appointed to fill a vacancy
occasioned other than by the expiration of a full term of office. The term of each
member shall expire on the third Monday in January of the appropriate year. Members
shall continue to serve until a successor is appointed. In the event a vacancy occurs on
the local board, the judge shall appoint another person to serve the unexpired portion of
the term.
D. A person shall not remain on a local board unless the person participates in the
training established pursuant to section 8-515.04.
E. Each local board shall elect a chairman and a vice-chairman and other officers
as it deems necessary.
F. Local board members shall be compensated pursuant to title 38, chapter 4,
article 2.
G. Each local board shall meet, at a place designated by the juvenile court, as
often as it deems necessary to carry out the duties of the local board. A local board
shall not meet less than twice annually.
8-515.02 Case assignment; distribution of records
A. The juvenile court in each county shall assign cases of children in out-of-home
placement to a local board so that local boards are assigned an approximately equal
number of children. In a case where a child resides in a county other than the resident
county of his parents, the county of the child's original jurisdiction shall maintain
jurisdiction unless, for valid reasons, the judge of such county transfers
jurisdiction. A list of the cases so assigned shall be sent to the local board and the
supreme court. For each case so assigned, the juvenile court shall also send to the
local board:
1. A copy of the case plan prepared by the division or agency.
2. A copy of the progress report or reports prepared by the division or agency
pursuant to section 8-516, subsection E.
B. Notwithstanding subsection A of this section, the juvenile court in each county
in its discretion, or on the request of a mediator from the child welfare mediation
program, may assign appropriate cases of children in out-of-home placement to a local
foster care review board for early review of the case plan within sixty days after the
removal of the child from the child's home.
8-515.03 Duties of local foster care review boards
Local foster care review boards shall:
1. Review within six months of placement and at least once every six months
thereafter the case of each child who remains in out-of-home placement and who is the
subject of a dependency action to determine what efforts have been made by the division
and the agency with which the child has been placed to carry out the case plan for the
permanent placement of such child. The review period for out-of-home placement includes
time that a child is in voluntary placement pursuant to section 8-806. The court and the
division shall review a local foster care review board's findings and recommendations at
the next scheduled dependency review hearing and the court shall address the board's
recommendations on the record. The division shall provide the local foster care review
board with written notice within ten business days of the date of the receipt of the
recommendation if the division intends to accept or not implement the board's
recommendations.
2. Allow a child's parents and grandparents to attend the local foster care review
board's review of the case. The parent or grandparent may be accompanied at the review by
an advocate of the parent or grandparent's choice.
3. Review any case assigned by the juvenile court for early review of the case plan
within sixty days after the removal of a child from that child's home.
4. Submit to the juvenile court within thirty days following the review its
findings and recommendations regarding the efforts and progress made by the division and
agency to carry out the case plan, together with any other recommendations it chooses to
make regarding the child. The findings and recommendations shall include the date of the
next review. A copy of such findings and recommendations shall be sent to the division
or the agency, if the juvenile court has awarded custody of the child to the agency, and
to such other interested parties as the court may require.
5. Encourage and facilitate the timely return of children to their natural parents
or, if the board finds that one or more of the grounds listed in section 8-533 may exist,
encourage the appropriate agency to initiate such procedures as would make the child
eligible for adoption, followed by a maximum effort by the agency to place the child for
adoption.
6. Encourage the division and all agencies involved in placing children in
out-of-home placement to exert all possible efforts to make arrangements for permanent
plans for children for whom return to natural parents or adoption is determined to be
infeasible or impossible.
7. Promote and encourage the division and all agencies involved in placing children
in foster care to maximize stability and family continuity for children in foster care by
discouraging unnecessary changes in the placement of foster children and by recruiting
foster parents who may be suitable and eligible as adoptive parents.
8. Assist the division and agencies in informing natural parents, foster parents
and other interested parties of their rights and responsibilities with respect to any
child in out-of-home placement. Natural parents, foster parents and other interested
parties may be involved in the review process when appropriate.
9. Make recommendations to the state board regarding foster care policies and
procedures as they relate to the children assigned for their review.
8-515.04 State foster care review board; members; personnel; training programs; compensation
A. The state foster care review board is established within the supreme court
consisting of seven persons who have knowledge of the problems of foster care and who are
appointed by the supreme court and of the members of the local foster care review boards
who are appointed by the presiding judge of the juvenile court. In counties having only
one foster care review board, the judge shall appoint one member. In counties having
more than one foster care review board, the presiding judge of the juvenile court shall
appoint to the state board only one member for every three boards. Members of the state
board who are local board members shall serve terms that are coterminous with their terms
as members of local review boards. Members who are appointed by the supreme court shall
serve terms that are not less than two years, nor more than five years.
B. The state board shall select a chairman and a vice-chairman and any other
officers it deems necessary.
C. The state board shall meet no less than twice annually and more frequently on
the call of the chairman or as the board determines. The supreme court may adopt
reasonable rules relating to the functions and procedures of the local boards and the
state board in accordance with the duties of the boards as provided in this article. The
state board shall review and coordinate the activities of the local boards.
D. The supreme court shall employ a coordinator and other personnel it deems
necessary to carry out the duties of the state board and the local boards. Compensation
for all personnel shall be determined pursuant to section 38-611.
E. The state board shall establish training programs for local board members, which
shall include periodic in-service training.
F. State board members shall be compensated as determined pursuant to title 38,
chapter 4, article 2. 8-515.05 Removal of child from foster parent's home; requirements; notification; review A. Unless a child is removed from a licensed foster parent, excluding a shelter care provider and receiving foster parent, to protect the child from harm or risk of harm, to place a child in a permanent placement, to reunite siblings, to place a child in a kinship foster home, to place a child in the least restrictive setting, to place a child in a therapeutic setting or to place a child in accordance with the Indian child welfare act (title 25 United States Code subsection 1915), the department shall inform the licensed foster parent of the department's intent to remove a child and place the child in another foster care placement. The department shall inform the licensed foster parent of the specific reason for the child's planned removal from the licensed foster parent. B. If the licensed foster parent disagrees with the removal, the licensed foster parent shall inform the department within twenty-four hours of being informed. If the licensed foster parent disagrees with the plan to remove the child and place the child in another foster home placement, the department shall convene a case conference to review the reasons for the removal. The licensed foster parent and two members of the foster care review board who participate in a removal review team shall participate in the case conference. A child shall not be removed unless a majority of the members of the review team agree that removal is necessary. C. The department shall inform the licensed foster parent and the foster care review board of the time, date and location of the case conference to review the planned removal. The case conference shall be held within seventy-two hours of the licensed foster parent informing the department that the licensed foster parent disagrees with the planned removal, excluding weekends and holidays. The child shall remain in the current placement pending the outcome of the case conference. D. If, as a result of the case conference, it is the department's continued intent to move the child pursuant to subsection A and the licensed foster parent continues to disagree and the child: 1. Is in the court ordered physical custody of the licensed foster parent, a foster care review board member shall provide a recommendation to the court regarding the removal of the child before the change of physical custody. The child shall remain in the current placement pending a court order for removal. 2. Is not in the physical custody of the licensed foster parent, the licensed foster parent shall be advised of the department's conflict resolution process. The department shall expedite the conflict resolution process. The child shall remain in the current placement pending the outcome of the conflict resolution process. 8-515 Time limits on placement in receivinghome; court orders
A. In the absence of a juvenile court order, a child shall not remain in a
receiving foster home for a period of more than three weeks.
B. Juvenile court orders extending receiving foster home placement beyond three
weeks shall be reviewed by the juvenile court at least once each week, beginning one week
from the date of the order. At the time of this review, the juvenile court shall either
reaffirm or withdraw the order.
8-516 Supervision of foster homes; reports;review of file; progress report
A. A licensed child welfare agency shall maintain supervision of all children
placed by it in foster homes and such foster homes.
B. The agency's representative shall contact the foster homes and written reports
of the representative's findings shall be maintained by such agency, subject to the
review of the division.
C. Receiving foster homes shall be visited at least once per month.
D. Regular and special foster homes shall be visited at least once every three
months.
E. A complete review of the placement and progress concerning a child in a foster
home shall be made by the division or the agency, if the juvenile court has awarded
custody of the child to the agency, at least every six months. The division or agency
shall prepare a progress report resulting from the review, and a copy of such report
shall be sent to the juvenile court. The progress report shall include:
1. An assessment of the extent to which the division or agency is accomplishing the
purpose of foster care for the child as described in the case plan.
2. An assessment of the appropriateness of the case plan.
3. The length of time the child has been in foster care.
4. The number of foster home placements the child has experienced while in foster
care and the length of each placement.
8-517 Withdrawal from foster home
The division or agency that placed the child may withdraw a child from a foster home
only when the division or agency determines that withdrawal is according to written,
specific standards and is clearly necessary for the child's interests and welfare. The
division may change the placement of a child made pursuant to section 8-514.02 if the
change is necessary for the child's best interests and welfare. 8-518 Central registry; change of address;marital status
A. The division shall maintain a central registry of all licensed foster homes.
B. All foster home parents shall report any change of their address or marital
status to the division and agency.
8-519 Records and reports
A. Each child welfare agency shall keep records regarding the children in its care
as the division prescribes and shall furnish to the division, upon request, such
additional information as the division requires.
B. Upon the request of a foster care review board, any record pertaining to a case
assigned to such board, kept by the division or a child welfare agency, shall be
furnished to the board.
C. All records and information in the possession of the foster care review board
regarding children and their parents or relatives shall be deemed confidential, and shall
be disclosed only pursuant to this article or by order of court.
D. A child welfare agency shall furnish a report of each placement or withdrawal of
each child to the division.
8-520 Violations; classification
Any agency, society, association, institution or person, whether incorporated or
unincorporated, and any individual acting for or in its name, which engages in caring for
children or children and adults or of placing children for care pursuant to this chapter,
without having first procured a license as a child welfare agency as provided in this
chapter, or which knowingly fails or refuses to report as required by the provisions of
this chapter, or which knowingly obstructs or hinders the division or its agents in
inspection or investigation of the agency, societies, associations, institutions or
persons under its control or charge, or any person knowingly violating any of the other
provisions of this chapter is guilty of a class 2 misdemeanor unless another
classification is specifically prescribed in this chapter.
8-521.01 Transitional independent livingprogram
A. The department may establish a transitional independent living program for
persons who meet the following qualifications:
1. The person is under twenty-one years of age.
2. The person was the subject of a dependency petition, adjudicated dependent or
placed voluntarily pursuant to section 8-806.
B. The department shall provide care and services that complement the person's own
efforts to achieve self-sufficiency and to accept personal responsibility for preparing
for and making the transition to adulthood. The care and services provided shall be based
on an individualized written agreement between the department and the person.
C. Care and services may be provided as follows:
1. If the person was in out-of-home placement or in the independent living program
when the person became eighteen years of age, the department may provide out-of-home
placement, independent living or other transitional living support services.
2. If the person was in out-of-home placement in the custody of the department, a
licensed child welfare agency or a tribal child welfare agency while the person was
sixteen, seventeen or eighteen years of age, the department may provide transitional
living support services.
8-521 Independent living program; conditions;eligibility; rules; reports
A. The department or a licensed child welfare agency may establish an independent
living program for youths who are the subject of a dependency petition or who are
adjudicated dependent and are all of the following:
1. In the custody of the department, a licensed child welfare agency or a tribal
child welfare agency.
2. At least seventeen years of age.
3. Employed or full-time students.
B. The independent living program may consist of a residential program of less than
twenty-four hours' a day supervision for youths under the supervision of the department
through a licensed child welfare agency or a foster home under contract with the
department. Under the independent living program the youth is not required to reside at
a licensed child welfare agency or foster home.
C. The director or the director's designee shall review and approve any
recommendation to the court that a youth in the custody of the department be ordered to
an independent living program.
D. For a youth to participate in an independent living program, the court must
order such a disposition pursuant to section 8-845.
E. The department, a licensed child welfare agency or a tribal child welfare agency
having custody of the youth shall provide the cost of care as required by section 46-134
for each child placed in an independent living program pursuant to this section, except
that the monthly amount provided shall not exceed the average monthly cost of purchased
services for the child in the three months immediately preceding placement in an
independent living program.
F. The department shall adopt rules pursuant to title 41, chapter 6 to carry out
the purposes of this section.
G. The department shall provide quarterly progress reports to the court and to
local foster care review boards for each youth participating in the independent living
program.
H. The local foster care review boards shall review at least once every six months
the case of each youth participating in the independent living program.
8-522 Dependency actions; special advocate;appointment; duties; immunity
A. The presiding judge of the juvenile court in each county may appoint an adult as
a special advocate to be the guardian ad litem for a child who is the subject of a
dependency action. The court shall make this appointment at the earliest possible stage
in the proceedings. A child, through the child's guardian ad litem or attorney, has the
right to be informed of, to be present at and to be heard in any proceeding involving
dependency or termination of parental rights.
B. The supreme court shall certify special advocates pursuant to rules adopted by
the court. Court rules for certification shall include compliance with qualification
standards prescribed by the court.
C. The appointment of the special advocate continues until the court relieves the
advocate of the advocate's responsibilities or until the court dismisses the action
before it.
D. A special advocate serves without compensation but is entitled to reimbursement
of expenses pursuant to guidelines prescribed by the supreme court by rule.
E. A special advocate shall:
1. Meet with the child.
2. Advocate for the child's safety as the first priority.
3. Gather and provide independent, factual information to aid the court in making
its decision regarding what is in the child's best interest and in determining if
reasonable efforts have been made to prevent removal of the child from the child's home
or to reunite the child with the child's family.
4. Provide advocacy to ensure that appropriate case planning and services are
provided for the child.
5. Perform other duties prescribed by the supreme court by rule.
F. A special advocate shall have access to all documents and information regarding
the child and the child's family without obtaining prior approval of the child, the
child's family or the court. All records and information the special advocate acquires,
reviews or produces may only be disclosed as provided for in section 41-1959.
G. The special advocate shall receive notice of all hearings, staffings,
investigations and other matters concerning the child. The special advocate shall have a
right to participate in the formulation of any agreement, stipulation or case plan
entered into regarding the child.
H. A special advocate is immune from civil or criminal liability for the advocate's
acts or omissions in connection with the authorized responsibilities the special advocate
performs in good faith.
8-523 Special advocate program
A. The court appointed special advocate program is established in the
administrative office of the supreme court. The program shall establish local special
advocate programs in each county. The supreme court shall adopt rules prescribing the
establishment of local programs and the minimum performance standards of these programs.
B. The supreme court shall employ administrative and other personnel it determines
are necessary to properly administer the program and to monitor local program
performance.
C. Special advocate program personnel are not civilly or criminally liable for good
faith actions they take in connection with their responsibilities.
8-524 Special advocate fund
A. The court appointed special advocate fund is established consisting of monies
received pursuant to section 5-518. The fund is subject to annual legislative
appropriation. Monies appropriated by the legislature from the court appointed special
advocate fund for the court appointed special advocate program shall be used by the
supreme court to operate, improve, maintain and enhance the program.
B. A court may request fund monies by submitting a program plan and funding request
to the supreme court pursuant to rules adopted by the court.
8-526 Child welfare; reportingrequirements
A. The department shall compile the following information on a semiannual basis
ending March 31 and September 30 of each year:
1. The total number of reports received, by major category and by priority. The
report shall include a description of some of those incoming communications determined
not to meet the criteria of a report as chosen by a random sample.
2. The number of reports not responded to, by priority, by county and
statewide. The report shall include a description of some of these cases as chosen by
random sample.
3. The number of reports responded to by priority and by major category, by county
and statewide.
4. The number of reports with a substantiated finding after investigation, by
priority, by county and statewide, that resulted in:
(a) The case being closed after an investigation.
(b) In-home services being provided after an investigation.
(c) Out-of-home services being provided after an investigation.
5. The number of newborn infants delivered to safe haven providers pursuant to
section 13-3623.01.
6. The number of children entering out-of-home care by county during the reporting
period, and the number and percentage of the children entering out-of-home care by county
during the reporting period who are voluntary placements for children under eighteen
years of age.
7. The number of direct client service positions that are vacant at the end of the
reporting period.
8. The number and percentage of children who have remained in a shelter or
receiving home for more than twenty-one consecutive days, by the child's age group.
9. The number and type of licensed foster homes and the number of licensed and
available spaces in those homes.
10. The number and type of licensed foster homes that leave the foster care system
and the reason for the exit.
11. The number of licensed foster homes that receive the required visitation by case
managers pursuant to section 8-516.
12. The number of children placed in the care, custody and control of the department
at the end of the reporting period and the number of these children who receive the
required visitation by case managers pursuant to section 8-516.
13. The number and percentage of children who are in the care, custody and control
of the department at the end of the reporting period and who are in out-of-home placement
and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Case plan goal.
(d) Type of out-of-home placement.
(e) Length of time in out-of-home placement of less than thirty days, thirty-one
days to twelve consecutive months, twelve to twenty-four consecutive months and more than
twenty-four consecutive months.
(f) Primary legal status including voluntary placement for a child under eighteen
years of age, temporary custody, adjudicated dependent, free for adoption, voluntary
placement for a child over eighteen years of age, dually adjudicated or any other legal
status.
14. If the case plan is to return the child to the parent, the percentage of parents
who receive the required contact by case managers.
15. The number and percentage of children who left the custody of the department
during the reporting period by reason for leaving care and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Number of placements.
(d) Average length of time in care.
16. The number and percentage of children with a case plan goal of adoption and who
are not placed in an adoptive home at the end of the reporting period and as categorized
by:
(a) Age.
(b) Ethnicity.
(c) Average length of time in care.
(d) Legal status.
17. The number and percentage of children with a case plan goal of adoption and who
are placed in an adoptive home at the end of the reporting period and as categorized by:
(a) Age.
(b) Ethnicity.
(c) Average length of time in out-of-home placement.
(d) Length of time from change of case plan goal to adoptive placement.
(e) Legal status.
18. The number of children whose adoptions were finalized during the reporting
period and as categorized by:
(a) Average length of time in out-of-home placement before adoptive placement.
(b) Average length of time in adoptive placement before the final order of
adoption.
B. Within three months after the end of each reporting period the department shall
submit a written report in as brief a format as possible to the governor, the president
of the senate, the speaker of the house of representatives, the chairperson of the house
human services committee, the chairperson of the senate family services committee, or
their successor committees, and the cochairpersons of the joint legislative committee on
children and family services. The department shall submit a copy of the report to the
secretary of state and the director of the ARIZONA state library, archives and public
records.
8-531.01 Prohibition
Nothwithstanding any other provision of this chapter, no child who in good faith is
being furnished christian science treatment by a duly accredited practitioner shall, for
that reason alone, be considered to be an abused, neglected or dependent child.
8-531 Definitions
In this article, unless the context otherwise requires:
1. "Abandonment" means the failure of a parent to provide reasonable support and to
maintain regular contact with the child, including providing normal
supervision. Abandonment includes a judicial finding that a parent has made only minimal
efforts to support and communicate with the child. Failure to maintain a normal parental
relationship with the child without just cause for a period of six months constitutes
prima facie evidence of abandonment.
2. "Agency" means an agency licensed by the division to place children for
adoption.
3. "Child" means a person less than eighteen years of age.
4. "Custodian" means a person, other than a parent or legal guardian, who stands in
loco parentis to the child or a person to whom legal custody of the child has been given
by order of a court of competent jurisdiction.
5. "Custody" or "legal custody" means a status embodying all of the following
rights and responsibilities:
(a) The right to have 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 adequate food, clothing, shelter,
education and medical care, provided that such rights and responsibilities shall be
exercised subject to the powers, rights, duties and responsibilities of the guardian of
the person and subject to the residual parental rights and responsibilities if they have
not been terminated by judicial decree.
6. "Division" means the department of economic security.
7. "Guardian ad litem" means a person appointed by the court to protect the
interest of a minor or an incompetent in a particular case before the court.
8. "Guardianship of the person" with respect to a minor means the duty and
authority to make important decisions in matters affecting the minor including but not
necessarily limited either in number or kind to:
(a) The authority to consent to marriage, to enlistment in the armed forces of the
United States and to major medical, psychiatric and surgical treatment, to represent the
minor in legal actions and to make other decisions concerning the child of substantial
legal significance.
(b) The authority and duty of reasonable visitation, except to the extent that such
right of visitation has been limited by court order.
(c) The rights and responsibilities of legal custody, except where legal custody
has been vested in another individual or in an authorized agency.
(d) When the parent-child relationship has been terminated by judicial decree with
respect to the parents, or only living parent, or when there is no living parent, the
authority to consent to the adoption of the child and to make any other decision
concerning the child which the child's parents could make.
9. "Juvenile court" means the juvenile division of the superior court.
10. "Parent" means the natural or adoptive mother or father of a child.
11. "Parent-child relationship" includes all rights, privileges, duties and
obligations existing between parent and child, including inheritance rights.
12. "Parties" includes the child, the petitioners and any parent of the child
required to consent to the adoption pursuant to section 8-106.
8-532 Jurisdiction; dependency basedtermination
A. The juvenile court shall have exclusive original jurisdiction over petitions to
terminate the parent-child relationship when the child involved is present in the state.
B. The juvenile court shall continue to have exclusive original jurisdiction when
the juvenile is in the legal custody of the juvenile court although the physical
placement of the child is in another state pursuant to court order.
C. This article does not apply to termination proceedings conducted pursuant to
chapter 10, article 4 of this title except to the extent prescribed in section 8-863.
8-533 Petition; who may file; grounds
A. Any person or agency that has a legitimate interest in the welfare of a child,
including, but not limited to, a relative, a foster parent, a physician, the department
of economic security or a private licensed child welfare agency, may file a petition for
the termination of the parent-child relationship alleging grounds contained in subsection
B of this section.
B. Evidence sufficient to justify the termination of the parent-child relationship
shall include any one of the following, and in considering any of the following grounds,
the court shall also consider the best interests of the child:
1. That the parent has abandoned the child.
2. That the parent has neglected or wilfully abused a child. This abuse includes
serious physical or emotional injury or situations in which the parent knew or reasonably
should have known that a person was abusing or neglecting a child.
3. That the parent is unable to discharge the parental responsibilities because of
mental illness, mental deficiency or a history of chronic abuse of dangerous drugs,
controlled substances or alcohol and there are reasonable grounds to believe that the
condition will continue for a prolonged indeterminate period.
4. That the parent is deprived of civil liberties due to the conviction of a felony
if the felony of which that parent was convicted is of such nature as to prove the
unfitness of that parent to have future custody and control of the child, including
murder of another child of the parent, manslaughter of another child of the parent or
aiding or abetting or attempting, conspiring or soliciting to commit murder or
manslaughter of another child of the parent, or if the sentence of that parent is of such
length that the child will be deprived of a normal home for a period of years.
5. That the potential father failed to file a paternity action within thirty days
of completion of service of notice prescribed in section 8-106, subsection G.
6. That the putative father failed to file a notice of claim of paternity as
prescribed in section 8-106.01.
7. That the parents have relinquished their rights to a child to an agency or have
consented to the adoption.
8. That the child is being cared for in an out-of-home placement under the
supervision of the juvenile court, the division or a licensed child welfare agency, that
the agency responsible for the care of the child has made a diligent effort to provide
appropriate reunification services and that either of the following circumstances exists:
(a) The child has been in an out-of-home placement for a cumulative total period of
nine months or longer pursuant to court order or voluntary placement pursuant to section
8-806 and the parent has substantially neglected or wilfully refused to remedy the
circumstances which cause the child to be in an out-of-home placement.
(b) The child has been in an out-of-home placement for a cumulative total period of
fifteen months or longer pursuant to court order or voluntary placement pursuant to
section 8-806, the parent has been unable to remedy the circumstances which cause the
child to be in an out-of-home placement and there is a substantial likelihood that the
parent will not be capable of exercising proper and effective parental care and control
in the near future.
9. That the identity of the parent is unknown and continues to be unknown following
three months of diligent efforts to identify and locate the parent.
10. That the parent has had parental rights to another child terminated within the
preceding two years for the same cause and is currently unable to discharge parental
responsibilities due to the same cause.
11. That all of the following are true:
(a) The child was cared for in an out-of-home placement pursuant to court order.
(b) The agency responsible for the care of the child made diligent efforts to
provide appropriate reunification services.
(c) The child, pursuant to court order, was returned to the legal custody of the
parent from whom the child had been removed.
(d) Within eighteen months after the child was returned, pursuant to court order,
the child was removed from that parent's legal custody, the child is being cared for in
an out-of-home placement under the supervision of the juvenile court, the division or a
licensed child welfare agency and the parent is currently unable to discharge parental
responsibilities.
C. In considering the grounds for termination prescribed in subsection B, paragraph
8 or 11 of this section, the court shall consider the availability of reunification
services to the parent and the participation of the parent in these services.
D. In considering the grounds for termination prescribed in subsection B, paragraph
8 of this section, the court shall not consider the first sixty days of the initial
out-of-home placement pursuant to section 8-806 in the cumulative total period.
8-534 Contents of petition
A. The petition for the termination of the parent-child relationship filed pursuant
to this article shall include, to the best information or belief of the petitioner:
1. The name and place of residence of the petitioner.
2. The name, sex, date and place of birth and residence of the child.
3. The basis for the court's jurisdiction.
4. The relationship of the petitioner to the child or the fact that no relationship
exists.
5. The names, addresses and dates of birth of the parents, if known.
6. The names and addresses of the person having legal custody or guardianship of
the person or acting in loco parentis to the child or the organization or authorized
agency having legal custody or providing care for the child.
7. The grounds on which termination of the parent-child relationship is sought.
8. The names and addresses of the persons or authorized agency or officer thereof
to whom or to which legal custody or guardianship of the person of the child might be
transferred.
B. Beginning January 1, 1993, whenever possible the court upon terminating the
parental rights of a birth parent in a termination of parental rights proceeding shall
obtain from the birth parent a notarized statement granting or withholding consent for
the person who is the subject of the termination of parental rights proceeding to review
adoption records, if the person is subsequently adopted, when such person is twenty-one
years of age or older.
C. A copy of any relinquishment or consent and the notarized consent pursuant to
section 8-106, subsection F, if any, previously executed by the parent shall be attached
to the petition.
8-535 Notice of initial hearing; waiver;guardian ad litem
A. After the petition has been filed, the clerk of the superior court shall set a
time and place for the initial hearing. Notice of the initial hearing and a copy of the
petition shall be given to the parents of the child, the guardian of the person of the
child, the person having legal custody of the child, any individual standing in loco
parentis to the child, the tribe of any Indian child as defined by the federal Indian
child welfare act of 1978 (25 United States Code section 1903) and the guardian ad litem
of any party as provided for service of process in civil actions. In addition to the
service of process requirements in civil actions, any parent, any Indian custodian and
the tribe of an Indian child shall be notified of the initial hearing by registered mail,
return receipt requested, as required by the federal Indian child welfare act of 1978 (25
United States Code section 1912). The notice required by this subsection shall include
the following statement:
You have a right to appear as a party in this proceeding. The failure of a
parent to appear at the initial hearing, the pretrial conference, the status
conference or the termination adjudication hearing may result in an
adjudication terminating the parent-child relationship of that parent.
B. The initial hearing shall take place no sooner than ten days after the
completion of service of notice.
C. Notice and appearance may be waived by a parent before the court or in writing
and attested to by two or more credible witnesses who are eighteen or more years of age
subscribing their names thereto in the presence of the person executing the waiver or
shall be duly acknowledged before an officer authorized to take acknowledgements by the
person signing the waiver of notice and appearance. The face of the waiver shall contain
language explaining the meaning and consequences of the waiver and the termination of
parental rights. The parent who has executed such a waiver shall not be required to
appear.
D. If a parent does not appear at the initial hearing, the court, after determining
that the parent has been served with proper legal notice, may find that the parent has
waived the parent's legal rights and is deemed to have admitted the allegations of the
petition by the failure to appear. The court may terminate the parent-child relationship
as to a parent who does not appear based on the record and evidence presented as provided
in rules prescribed by the supreme court.
E. At the initial hearing, the court shall:
1. Schedule a pretrial conference or status conference.
2. Schedule the termination adjudication hearing.
3. Instruct the parent that the failure to appear at the pretrial conference,
status conference or termination adjudication hearing may result in an adjudication
terminating the parent-child relationship as to a parent who does not appear.
F. On the motion of any party or on its own motion, the court shall appoint a
guardian ad litem if it determines that there are reasonable grounds to believe that a
party to the proceeding is mentally incompetent or is otherwise in need of a guardian ad
litem.
G. The county attorney, on the request of the court or a governmental agency or on
the county attorney's own motion, may intervene in any proceedings under this article to
represent the interest of the child.
8-536 Social study prior to disposition;contents
A. Upon the filing of a petition the court shall order that the department, an
agency or another person selected by the court conduct or cause to be conducted a
complete social study and that a report in writing of such study be submitted to the
court prior to a hearing. The court may order any additional social study it deems
necessary. The social study shall include the circumstances of the petition, the social
history, the present condition of the child and parent, proposed plans for the child, and
such other facts as may be pertinent to the parent-child relationship. The report
submitted shall include a specific recommendation and the reasons therefor as to whether
or not the parent-child relationship should be terminated.
B. The court may waive the requirement of the social study when the court finds
that to do so is in the best interest of the child.
8-537 Termination adjudication hearing
(L03, 2SS, ch 6, sec 10. Eff. 1/1/07)
A. If a petition for terminating the parent-child relationship is contested, the
court shall hold a termination adjudication hearing. The general public shall be
excluded and only such persons admitted whose presence the judge finds to have a direct
interest in the case or the work of the court, provided that such person so admitted
shall not disclose any information secured at the hearing. The court may require the
presence of any parties and witnesses it deems necessary to the disposition of the
petition, except that a parent who has executed a waiver pursuant to section 8-535, or
has relinquished the parent's rights to the child shall not be required to appear at the
hearing.
B. The court's findings with respect to grounds for termination shall be based upon
clear and convincing evidence under the rules applicable and adhering to the trial of
civil causes. The court may consider any and all reports required by this article or
ordered by the court pursuant to this article and such reports are admissible in evidence
without objection.
C. If a parent does not appear at the pretrial conference, status conference or
termination adjudication hearing, the court, after determining that the parent has been
instructed as provided in section 8-535, may find that the parent has waived the parent's
legal rights and is deemed to have admitted the allegations of the petition by the
failure to appear. The court may terminate the parent-child relationship as to a parent
who does not appear based on the record and evidence presented as provided in rules
prescribed by the supreme court.
8-537 Termination adjudication hearing
(L03, 2SS, ch 6, sec 9)
A. If a petition for terminating the parent-child relationship is contested, the
court shall hold a termination adjudication hearing. The general public shall be
excluded and only such persons admitted whose presence the judge finds to have a direct
interest in the case or the work of the court, provided that such person so admitted
shall not disclose any information secured at the hearing. The court may require the
presence of any parties and witnesses it deems necessary to the disposition of the
petition, except that a parent who has executed a waiver pursuant to section 8-535, or
has relinquished the parent's rights to the child shall not be required to appear at the
hearing.
B. The court's or jury's findings with respect to grounds for termination shall be
based upon clear and convincing evidence under the rules applicable and adhering to the
trial of civil causes. The court or jury may consider any and all reports required by
this article or ordered by the court pursuant to this article and such reports are
admissible in evidence without objection.
C. If a parent does not appear at the pretrial conference, status conference or
termination adjudication hearing, the court, after determining that the parent has been
instructed as provided in section 8-535, may find that the parent has waived the parent's
legal rights and is deemed to have admitted the allegations of the petition by the
failure to appear. The court may terminate the parent-child relationship as to a parent
who does not appear based on the record and evidence presented as provided in rules
prescribed by the supreme court. 8-538 Court order; form; contents
A. Every order of the court terminating the parent-child relationship or
transferring legal custody or guardianship of the person of the child or providing for
protective supervision of the child shall be in writing and shall recite the findings
upon which such order is based, including findings pertaining to the court's
jurisdiction. Such order shall be conclusive and binding on all persons from the date of
entry.
B. If the court finds grounds for the termination of the parent-child relationship
it shall terminate such relationship and take one of the following courses of action:
1. Appoint an individual as guardian of the child's person.
2. Appoint an individual as guardian of the child's person and vest legal custody
in another individual or in an authorized agency.
C. The court shall also make an order fixing responsibility for the child's
support. The parent-child relationship may be terminated with respect to one parent
without affecting the relationship between the child and the other parent.
D. Where the court does not order termination of the parent-child relationship, it
shall dismiss the petition, provided that where the court finds that the best interests
of the child require substitution or supplementation of parental care and supervision,
the court shall make such orders as it deems necessary.
8-539 Effect of court order
An order terminating the parent-child relationship shall divest the parent and the
child of all legal rights, privileges, duties and obligations with respect to each other
except the right of the child to inherit and support from the parent. This right of
inheritance and support shall only be terminated by a final order of adoption.
8-540 Court costs
A. There shall be no fees assessed for the filing of a petition to terminate the
parent-child relationship.
B. All court costs, including the cost of giving notice and advertising shall be
paid by the petitioners if the court so orders. The court may suspend such costs where
payment would work a hardship upon the petitioner, or would be otherwise inappropriate.
8-541 Records; inspection; exception
A. All files, records, reports and other papers compiled in accord with this
article, whether filed in or in possession of the court, a child placement agency or
other agency 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. The provisions of this section shall not be construed to prohibit persons
employed by the court, the division or a licensed child welfare agency from conducting
the investigations or performing other duties pursuant to this article and done within
the normal course of their employment.
8-542 Confidentiality of information;violations; classification
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 section
8-541, or except for purposes permitted by order of the court, for any person to
knowingly 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.
B. A person who knowingly discloses information in violation of the provisions of
this section or section 8-541 is guilty of a class 2 misdemeanor.
C. 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 and done within the normal course of
their employment.
8-544 Termination decrees of otherstates
When the relationship of parent and child has been terminated by judicial decree 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.
8-548.01 Financial responsibility
Financial responsibility for any child placed pursuant to the provisions of the
interstate compact on the placement of children shall be determined in accordance with
the provisions of article V.
8-548.02 Interstate compact administrator
Pursuant to the compact the governor shall designate the director of the state
department of economic security as the compact administrator. The compact administrator,
acting jointly with like officers of other party states, shall promulgate rules and
regulations to carry out more effectively the terms of the compact. The compact
administrator shall cooperate with all departments, agencies and officers of and in the
government of this state and its subdivisions in facilitating the proper administration
of the compact or of any supplementary agreement or agreements entered into by this state
thereunder.
8-548.03 Supplementary agreements
The compact administrator shall have authority to enter into supplementary
agreements with appropriate officials of other states pursuant to the compact. In the
event that such supplementary agreement requires or contemplates the use of any
institution or facility of this state or requires or contemplates the provision of any
service by this state, the supplementary agreement shall have no force or effect until
approved by the head of the department or agency under whose jurisdiction the institution
or facility is operated or whose department or agency will be charged with the rendering
of the service.
8-548.04 Financial arrangements
The compact administrator, subject to the approval of the director of the department
of administration, may make or arrange for any payments necessary to discharge any
financial obligations imposed upon this state by the compact or by any supplementary
agreement entered into thereunder.
8-548.05 Visitation, inspection and supervision
Any requirements for visitation, inspection or supervision of children, homes,
institutions or other agencies in another party state which may apply under sections
8-501 through 8-520 and 8-813 shall be deemed to be met if performed pursuant to an
agreement entered into by appropriate officers or agencies of this state as contemplated
by paragraph (b) of article V of the interstate compact on the placement of children.
8-548.06 Responsibilities of state departments, agencies and officers
The courts, departments, agencies and officers of this state and its subdivisions
shall enforce this compact and shall do all things appropriate to the effectuation of its
purposes and intent which may be within their respective jurisdictions.
8-548 Enactment of compact; terms
The interstate compact on the placement of children is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the form
substantially as follows:
ARTICLE I. PURPOSE AND POLICY
It is the purpose and policy of the party states to cooperate with each other in the
interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunity to be
placed in a suitable environment and with persons or institutions having appropriate
qualifications and facilities to provide a necessary and desirable degree and type of
care.
(b) The appropriate authorities in a state where a child is to be placed may have
full opportunity to ascertain the circumstances of the proposed placement, thereby
promoting full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement is made may obtain
the most complete information on the basis of which to evaluate a projected placement
before it is made.
(d) Appropriate jurisdictional arrangements for the care of children will be
promoted.
ARTICLE II. DEFINITIONS
As used in this compact:
(a) "Child" means a person who, by reason of minority, is legally subject to
parental, guardianship or similar control.
(b) "Sending agency" means a party state, officer or employee thereof; a
subdivision of a party state, or officer or employee thereof; a court of a party state; a
person, corporation, association, charitable agency or other entity which sends, brings
or causes to be sent or brought any child to another party state.
(c) "Receiving state" means the state to which a child is sent, brought or caused
to be sent or brought, whether by public authorities or private persons or agencies, and
whether for placement with state or local public authorities or for placement with
private agencies or persons.
(d) "Placement" means the arrangement for the care of a child in a family free or
boarding home or in a child-caring agency or institution but does not include any
institution caring for the mentally ill, mentally defective or epileptic or any
institution primarily educational in character, and any hospital or other medical
facility.
ARTICLE III. CONDITIONS FOR PLACEMENT
(a) No sending agency shall send, bring, or cause to be sent or brought into any
other party state any child for placement in foster care or as a preliminary to a
possible adoption unless the sending agency shall comply with each and every requirement
set forth in this article and with the applicable laws of the receiving state governing
the placement of children therein.
(b) Prior to sending, bringing or causing any child to be sent or brought into a
receiving state for placement in foster care or as a preliminary to a possible adoption,
the sending agency shall furnish the appropriate public authorities in the receiving
state written notice of the intention to send, bring, or place the child in the receiving
state. The notice shall contain:
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents or legal guardian.
(3) The name and address of the person, agency or institution to or with which the
sending agency proposes to send, bring, or place the child.
(4) A full statement of the reasons for such proposed action and evidence of the
authority pursuant to which the placement is proposed to be made.
(c) Any public officer or agency in a receiving state which is in receipt of a
notice pursuant to paragraph (b) of this article may request of the sending agency, or
any other appropriate officer or agency of or in the sending agency's state, and shall be
entitled to receive therefrom, such supporting or additional information as it may deem
necessary under the circumstances to carry out the purpose and policy of this compact.
(d) The child shall not be sent, brought, or caused to be sent or brought into the
receiving state until the appropriate public authorities in the receiving state shall
notify the sending agency, in writing, to the effect that the proposed placement does not
appear to be contrary to the interests of the child.
ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
The sending, bringing, or causing to be sent or brought into any receiving state of
a child in violation of the terms of this compact shall constitute a violation of the
laws respecting the placement of children of both the state in which the sending agency
is located or from which it sends or brings the child and of the receiving state. Such
violation may be punished or subjected to penalty in either jurisdiction in accordance
with its laws. In addition to liability for any such punishment or penalty, any such
violation shall constitute full and sufficient grounds for the suspension or revocation
of any license, permit, or other legal authorization held by the sending agency which
empowers or allows it to place, or care for children.
ARTICLE V. RETENTION OF JURISDICTION
(a) The sending agency shall retain jurisdiction over the child sufficient to
determine all matters in relation to the custody, supervision, care, treatment and
disposition of the child which it would have had if the child had remained in the sending
agency's state, until the child is adopted, reaches majority, becomes self-supporting or
is discharged with the concurrence of the appropriate authority in the receiving
state. Such jurisdiction shall also include the power to effect or cause the return of
the child or its transfer to another location and custody pursuant to law. The sending
agency shall continue to have financial responsibility for support and maintenance of the
child during the period of the placement. Nothing contained herein shall defeat a claim
of jurisdiction by a receiving state sufficient to deal with an act of delinquency or
crime committed therein.
(b) When the sending agency is a public agency, it may enter into an agreement with
an authorized public or private agency in the receiving state providing for the
performance of one or more services in respect of such case by the latter as agent for
the sending agency.
(c) Nothing in this compact shall be construed to prevent a private charitable
agency authorized to place children in the receiving state from performing services or
acting as agent in that state for a private charitable agency of the sending state; nor
to prevent the agency in the receiving state from discharging financial responsibility
for the support and maintenance of a child who has been placed on behalf of the sending
agency without relieving the responsibility set forth in paragraph (a) hereof.
ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
A child adjudicated delinquent may be placed in an institution in another party
jurisdiction pursuant to this compact, but no such placement shall be made unless the
child is given a court hearing on notice to the parent or guardian with opportunity to be
heard, prior to his being sent to such other party jurisdiction for institutional care
and the court finds that:
1. Equivalent facilities for the child are not available in the sending agency's
jurisdiction; and
2. Institutional care in the other jurisdiction is in the best interest of the
child and will not produce undue hardship.
ARTICLE VII. COMPACT ADMINISTRATOR
The executive head of each jurisdiction party to this compact shall designate an
officer who shall be general coordinator of activities under this compact in his
jurisdiction and who, acting jointly with like officers of other party jurisdictions,
shall have power to promulgate rules and regulations to carry out more effectively the
terms and provisions of this compact.
ARTICLE VIII. LIMITATIONS
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state by his parent,
step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian
and leaving the child with any such relative or non-agency guardian in the receiving
state.
(b) Any placement, sending or bringing of a child into a receiving state pursuant
to any other interstate compact to which both the state from which the child is sent or
brought and the receiving state are party, or to any other agreement between said states
which has the force of law.
ARTICLE IX. ENACTMENT AND WITHDRAWAL
This compact shall be open to joinder by any state, territory or possession of the
United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the
consent of Congress, the government of Canada or any province thereof. It shall become
effective with respect to any such jurisdiction when such jurisdiction has enacted the
same into law. Withdrawal from this compact shall be by the enactment of a statute
repealing the same, but shall not take effect until two years after the effective date of
such statute and until written notice of the withdrawal has been given by the withdrawing
state to the governor of each other party jurisdiction. Withdrawal of a party state
shall not affect the rights, duties and obligations under this compact of any sending
agency therein with respect to a placement made prior to the effective date of
withdrawal.
ARTICLE X. CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed to effectuate the
purposes thereof. The provisions of this compact shall be severable and if any phrase,
clause, sentence or provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the applicability thereof to
any government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to the state affected
as to all severable matters.
8-550.01 Child abuse prevention fund; purpose; definition
A. Until December 31, 1997, the child abuse prevention fund is established
consisting of monies received pursuant to section 12-284, section 25-311.01, subsection
E, section 36-3504, subsection C and section 43-613. Beginning on January 1, 1998, the
child abuse prevention fund is established consisting of monies received pursuant to
section 12-284.03, paragraph 3, section 36-3504, subsection C and section 43-613. The
director shall administer the fund for the purposes prescribed in this article.
B. Subject to legislative appropriation, the director shall expend monies in the
fund to provide financial assistance to community child abuse and neglect prevention
programs and family resource programs that, in the judgment of the director, offer
prevention services and family resource programs to children and their parents or
guardians and that comply with departmental accounting and auditing rules for the receipt
of public monies.
C. Subject to legislative appropriation, the director may expend not more than five
per cent of the monies in the fund for administrative expenses related to the fund.
D. The appropriated funds shall only be used for the designated purposes specified
in statute.
E. Monies in the fund do not revert to the state general fund.
F. For the purposes of this section, "family resource program" means a program that
offers community-based services that provide sustained assistance and support to a family
at various stages in its development and that promotes parental competence and behavior
that will lead to the healthy and positive personal development of parents and children
through:
1. Assistance to build family skills and assist parents in improving their capacity
to be supportive and nurturing.
2. Assistance to enable a family to use other formal and informal resources and
opportunities for assistance that are available within the family's community.
3. Supportive networks to enhance the child rearing capacity of parents and to
assist in compensating for the increased social isolation and vulnerability of a family.
8-550 Definitions
In this article, unless the context otherwise requires:
1. "Department" means the department of economic security.
2. "Director" means the director of the department of economic security.
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