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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Children
Chapter : DEPENDENT CHILDREN
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8-800 Purpose of child protective services The primary purposes of child protective services are to protect children by investigating allegations of abuse and neglect, promoting the well-being of the child in a permanent home and coordinating services to strengthen the family and prevent, intervene in and treat abuse and neglect of children. 8-801 Definitions
In this chapter, unless the context otherwise requires:
1. "Child protective services worker" or "worker" means a person who has been
selected by and trained under the requirements prescribed by the department and who
assists in carrying out the provisions of this article.
2. "Extremely serious conduct allegation" means an allegation of conduct by a
parent, guardian or custodian of a child that, if true, would constitute any of the
following:
(a) A violation of section 13-3623 involving child abuse.
(b) A felony offense that constitutes domestic violence as defined in section
13-3601.
(c) A violation of section 13-1404 or 13-1406 involving a minor.
(d) A violation of section 13-1405, 13-1410 or 13-1417.
(e) Any other act of abuse that is classified as a felony.
3. "In-home intervention" means a program of services provided pursuant to article
7 of this chapter while the child is still in the custody of the parent, guardian or
custodian.
4. "Protective services" means a specialized child welfare program that is
administered by the department as provided in this chapter and that investigates
allegations of and seeks to prevent, intervene in and treat abuse and neglect, to promote
the well-being of the child in a permanent home and to coordinate services to strengthen
the family.
8-802 Child protective services worker;fingerprint clearance cards; powers and duties; alteration of files;violation; classification
A. The department of economic security shall employ child protective services
workers. All persons who are employed as child protective services workers shall have a
valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article
3.1 or shall apply for a fingerprint clearance card within seven working days of
employment. A child protective services worker shall certify on forms that are provided
by the department of economic security and that are notarized whether the worker 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.
B. The department may cooperate with county agencies and community social services
agencies to achieve the purposes of this section.
C. A child protective services worker shall:
1. Promote the safety and protection of children.
2. Accept, screen and assess reports of abuse or neglect pursuant to section 8-817.
3. Receive reports of dependent, abused or abandoned children and be prepared to
provide temporary foster care for such children on a twenty-four hour basis.
4. Receive from any source oral or written information regarding a child who may be
in need of protective services. A worker shall not interview a child without the prior
written consent of the parent, guardian or custodian of the child unless either:
(a) The child initiates contact with the worker.
(b) The child who is interviewed is the subject of or is the sibling of or living
with the child who is the subject of an abuse or abandonment investigation pursuant to
paragraph 5, subdivision (b) of this subsection.
5. After the receipt of any report or information pursuant to paragraph 2, 3 or 4
of this subsection, immediately do both of the following:
(a) Notify the municipal or county law enforcement agency.
(b) Make a prompt and thorough investigation of the nature, extent and cause of any
condition that would tend to support or refute the allegation that the child should be
adjudicated dependent and the name, age and condition of other children in the home. An
extremely serious conduct allegation shall be investigated according to the protocols
established pursuant to section 8-817 with the appropriate municipal or county law
enforcement agency as provided in section 8-817.
6. Take a child into temporary custody as provided in section 8-821. Law
enforcement officers shall cooperate with the department to remove a child from the
custody of the child's parents, guardian or custodian when necessary.
7. After investigation, evaluate conditions created by the parents, guardian or
custodian that would support or refute the allegation that the child should be
adjudicated dependent. The child protective services worker shall then determine whether
any child is in need of protective services.
8. Offer to the family of any child who is found to be a child in need of
protective services those services that are designed to correct unresolved problems that
would indicate a reason to adjudicate the child dependent.
9. Submit a written report of the worker's investigation to:
(a) The department's case management information system within twenty-one days
after receipt of the initial information except as provided in section 8-811. If the
investigation involves allegations regarding a child who at the time of the alleged
incident was in the custody of a child welfare agency licensed by the department of
economic security under this title, a copy of the report and any additional investigative
or other related reports shall be provided to the board of directors of the agency or to
the administrative head of the agency unless the incident is alleged to have been
committed by the person. The department shall excise all information with regard to the
identity of the source of the reports.
(b) The appropriate court forty-eight hours before a dependency hearing pursuant to
a petition of dependency or within twenty-one days after a petition of dependency is
filed, whichever is earlier. On receipt of the report the court shall make the report
available to all parties and counsel.
10. Accept a child into voluntary placement pursuant to section 8-806.
D. No child shall remain in temporary custody for a period exceeding seventy-two
hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is
filed. If no petition is filed and the child is released to the child's parent, guardian
or custodian, the worker shall file a report of removal with the central registry within
seventy-two hours of the child's release. The report shall include:
1. The dates of previous referrals, investigations or temporary custody.
2. The dates on which other children in the family have been taken into temporary
custody.
E. The department shall provide child protective services workers who investigate
allegations of abuse and neglect with training in forensic interviewing and processes,
the protocols developed pursuant to section 8-817 and relevant law enforcement
procedures. All child protective services workers shall be trained in their duty to
protect the legal rights of children and families from the time of the initial contact
through treatment. The training for child protective services workers shall also include
instruction on the legal rights of parents and the requirements for legal search and
seizure by law enforcement officers.
F. Any person who alters a client file for the purpose of fraud or
misrepresentation is guilty of a class 2 misdemeanor.
8-803 Limitation of authority; duty toinform
A. Upon initial contact with a parent, guardian or custodian under investigation
pursuant to this article, a child protective services worker shall inform the family that
the family is under investigation by the department, shall inform the parent, guardian or
custodian of the specific complaint or allegation made against that person and shall make
clear that the worker has no legal authority to compel the family to cooperate with the
investigation or to receive protective services offered pursuant to the
investigation. The worker shall inform the family of the worker's authority to petition
the juvenile court for a determination that a child is dependent. The worker shall
inform the parent, guardian or custodian of that person's right to participate in the
mediation program in the attorney general's office, to file a complaint with the
ombudsman-citizens aide pursuant to section 41-1376 and to appeal determinations made by
child protective services. The worker shall provide the telephone numbers of these state
agencies. The worker shall supply the information prescribed in this subsection and
information outlining parental rights under the laws of this state in writing and shall
make all reasonable efforts to receive written acknowledgment from the parent, guardian
or custodian.
B. The child protective services worker shall also inform the person about whom the
report was made about that person's right to respond to the allegations either verbally
or in writing, including any documentation, and to have this information considered in
determining if the child is in need of protective services. The worker shall tell the
person that anything the person says or writes can be used in a court proceeding. If the
person makes a verbal response, the worker shall include the response in the written
report of the investigation. If the person makes a written response, including any
documentation, the worker shall include this response and the documentation in the case
file. Information provided in response to the allegations shall be considered during the
investigation by the worker. The worker shall maintain the response and documentation in
the case file and provide this information to the court before a hearing or trial
relating to the dependency petition.
C. If the family declines to cooperate with the investigation or to accept or to
participate in the offered services, or if the worker otherwise believes that the child
should be adjudicated dependent, the worker may file with the juvenile court a petition
requesting that the child in need of protective services be adjudicated dependent.
D. Refusal to cooperate in the investigation or to participate in the offered
services does not constitute grounds for temporary custody of a child except if there is
a clear necessity for temporary custody as provided in section 8-821.
8-804.01 Maintenance of reports; records
A. All reports of child abuse and neglect and related records shall be maintained
in the department's case management information system in accordance with the time frames
established in the department's records retention schedule.
B. In addition to the purposes prescribed in section 8-807, reports and related
records maintained pursuant to subsection A of this section shall be used by the
department only for the following purposes:
1. To assess the safety and risk to a child when conducting an investigation or
identification of abuse or neglect.
2. To determine placement for a child that is the least restrictive setting.
3. To determine the type and level of services and treatment provided to the child
and the child's family.
4. To assist in a criminal investigation or prosecution of child abuse or neglect.
5. To meet state and federal reporting requirements.
C. Notwithstanding section 8-807 and except as otherwise provided by law, reports
and related records maintained pursuant to subsection A of this section shall not be used
for purposes of employment or background checks, except for background checks conducted
pursuant to section 8-804, subsection B, paragraph 1.
D. If probable cause exists that abuse or neglect of a child has occurred, the
department shall record this finding. The department may make this finding independent of
whether a specific person is identified as responsible for the abuse or neglect.
E. If the department is unable to locate a child who is the subject of a report of
abuse or neglect, the department shall record this finding separate from its other
findings.
F. Subject to the requirements of sections 8-804 and 8-811, whenever possible, the
department shall determine if a specific person is responsible for the abuse or neglect
of a child.
8-804 Central registry; notification
A. The department of economic security shall maintain a central registry of reports
of child abuse and neglect that are substantiated and the outcome of the investigation of
these reports made under this article. The department shall incorporate duplicate reports
on the same incident in the original report and shall not classify duplicate reports as
new reports.
B. Information contained in the central registry shall be used by the department
only for the following purposes:
1. To conduct background checks as one factor to determine qualifications for
foster home licensing, adoptive parent certification, child care home certification,
registration of unregulated child care homes with the child care resource and referral
system, and home and community based services certification for services to children.
2. To conduct background checks as one factor to determine qualifications for
persons applying for employment with this state in positions that provide direct service
to children or vulnerable adults and persons applying for contracts with this state,
including employees of the potential contractor, for positions that provide direct
service to children or vulnerable adults.
3. To identify and review reports concerning individual children and families, in
order to facilitate the assessment of risk.
4. To determine the nature and scope of child abuse and neglect in this state and
to provide statewide statistical and demographic information concerning trends in child
abuse and neglect.
5. To allow comparisons of this state's statistical data with national data.
6. To comply with section 8-804.01, subsection B.
C. If the department received a report before September 1, 1999 and determined that
the report was substantiated, the department shall maintain the report in the central
registry until eighteen years from the child victim's date of birth.
D. If the department received a report on or after September 1, 1999 and determined
that the report was substantiated, the department shall maintain the report in the
central registry for twenty-five years after the date of the report.
E. The department shall annually purge reports and investigative outcomes received
pursuant to the time frames prescribed in subsections C and D of this section.
F. Any person who was the subject of a child protective services investigation may
request confirmation that the department has purged information about the person pursuant
to subsection E of this section. On receipt of this request, the department shall provide
the person with written confirmation that the department has no record containing
identifying information about that person. 8-805 Immunity of participants; nonprivilegedcommunications
A. Any person making a complaint, or providing information or otherwise
participating in the program authorized by this article shall be immune from any civil or
criminal liability by reason of such action, unless such person acted with malice or
unless such person has been charged with or is suspected of abusing, abandoning or
neglecting the child or children in question.
B. Except as provided in subsection C of this section, the physician-patient
privilege, husband-wife privilege, or any privilege except the attorney-client privilege,
provided for by professions such as the practice of social work or nursing covered by law
or a code of ethics regarding practitioner-client confidences, both as they relate to the
competency of the witness and to the exclusion of confidential communications, shall not
pertain in any civil or criminal litigation in which a child's neglect, dependency, abuse
or abandonment is in issue nor in any judicial proceeding resulting from a report
submitted pursuant to this article.
C. In any civil or criminal litigation in which a child's neglect, dependency,
abuse or abandonment is an issue, a clergyman or priest shall not, without his consent be
examined as a witness concerning any confession made to him in his role as a clergyman or
a priest in the course of the discipline enjoined by the church to which he belongs.
8-806 Voluntary placement; conditions; noticeof placement; time limit; rules
A. A child is eligible to be accepted into voluntary placement by a protective
services worker on behalf of the department.
B. On acceptance of a child into voluntary placement, the worker must prepare a
notice of placement and file the notice in the case file of the child.
C. A period of voluntary placement pursuant to this section shall not exceed ninety
days. A worker shall not accept a child into voluntary placement for more than two
periods within twenty-four consecutive months unless a dependency petition is pending.
D. The department may accept a voluntary placement agreement only if the department
can provide necessary services that are likely to remedy the circumstances that bring the
child into care within the ninety day period and one of the following applies:
1. The department plans to return the child to the parent, guardian or custodian
who signed the child into voluntary placement.
2. While the child is in voluntary placement, the parent, guardian or custodian
arranges a safe alternative placement for the child after the voluntary placement.
E. A worker shall not accept a child into voluntary placement without the written
informed consent of the child's parent, guardian or custodian. The department shall
terminate voluntary placement on receipt of written revocation of consent by the parent,
guardian or custodian.
F. A worker shall not accept a child, age twelve or older and not developmentally
disabled, into voluntary placement without the written informed consent of the child
unless the department determines that voluntary placement of the child is clearly
necessary to prevent abuse.
G. The fact of voluntary placement does not constitute abandonment, abuse or
dependency as defined in this article and may not be used in a judicial proceeding as an
admission of criminal wrongdoing by that parent, guardian or custodian.
H. The department shall adopt rules in accordance with title 41, chapter 6 for the
purpose of assessing parents for the full or partial cost of voluntary placement.
I. The department must develop a case plan with the child's parent, guardian or
custodian within ten days of a child's voluntary placement as follows:
1. The case plan shall establish the services necessary to promote the safety of
the child on the planned return of the child to the parent, guardian, custodian or
alternative placement.
2. The department shall provide, contract with a service provider to provide or
assist in accessing community resources to provide the services in the case plan.
3. The department must share the case plan with the foster parent, physical
custodian or other voluntary placement provider of the child.
J. Before returning the child to a parent, guardian, custodian or alternative
placement, the department shall inform the parent, guardian, custodian or alternative
placement about available financial and nonfinancial services and eligibility
requirements and shall assist the parent, guardian, custodian or alternative placement to
complete the necessary applications. 8-807 CPS information; public record; use;confidentiality; violation; classification; definitions
A. CPS information shall be maintained by the department as required by federal law
as a condition of the allocation of federal monies to this state. All exceptions for the
public release of CPS information shall be construed as openly as possible under federal
law.
B. If there is a reasonable need for the CPS information, the department, or a
person who receives CPS information pursuant to this subsection, shall provide CPS
information to a federal agency, a state agency, a tribal agency, a county or municipal
agency, a county attorney, a school, a community service provider, a contract service
provider or any other person that is providing services pursuant to this chapter:
1. To meet its duties to provide for the safety, permanency and well-being of a
child, provide services to a parent, guardian or custodian or provide services to family
members to strengthen the family pursuant to this chapter.
2. To enforce or prosecute any violation involving child abuse or neglect,
including provision of the CPS information to a defendant after a criminal charge has
been filed.
C. The department shall disclose CPS information to a court, a party in a
dependency or termination of parental rights proceeding or the party's attorney, the
foster care review board or a court appointed special advocate for the purposes of and as
prescribed in this title.
D. The department shall disclose CPS information to a domestic relations, family or
conciliation court if the CPS information is necessary to promote the safety and
well-being of children. The court shall notify the parties that it has received the CPS
information.
E. A person or agent of a person who is the subject of CPS information shall have
access to CPS information concerning that person.
F. The department:
1. May provide CPS information to confirm, clarify or correct information
concerning an allegation or actual instance of child abuse or neglect that has been made
public by sources outside the department.
2. May provide and, on request, shall provide summary information regarding a
fatality or near fatality caused by abuse or neglect.
3. May provide CPS information to a person who is conducting bona fide research,
the results of which might provide CPS information that is beneficial in improving child
protective services.
4. May provide access to CPS information to the parent, guardian or custodian of a
child if the CPS information is reasonably necessary to promote the safety, permanency
and well-being of the child.
G. Access to CPS information in the central registry shall be provided as
prescribed in section 8-804.
H. To provide oversight of child protective services, the department shall provide
access to CPS information to the following persons, if the CPS information is reasonably
necessary for the person to perform the person's official duties:
1. Federal or state auditors.
2. Persons conducting any accreditation deemed necessary by the department.
3. A standing committee of the legislature or a committee appointed by the
president of the senate or the speaker of the house of representatives for purposes of
conducting investigations related to the legislative oversight of the department of
economic security. This information shall not be further disclosed.
4. A legislator who is responsible for oversight of the enabling or appropriating
legislation to carry out these functions. This information shall not be further
disclosed. To request a file pursuant to this paragraph:
(a) The legislator shall submit a written request for CPS information to the
presiding officer of the body of which the state legislator is a member. The request
shall state the name of the person whose case file is to be reviewed and any other
information that will assist the department in locating the file. The request shall also
include the office of the department at which the legislator wants to review the file.
(b) The presiding officer shall forward the request to the department within five
working days of the receipt of the request.
(c) The department shall make the necessary arrangements for the legislator to
review the file at an office of the department, chosen by the legislator, within ten
working days.
(d) The legislator shall sign a form, before reviewing the file, that outlines the
confidentiality laws governing child protective services files and penalties for further
release of the information.
5. A citizen review panel as prescribed by federal law, a child fatality review
team as provided in title 36, chapter 35 and the office of ombudsman-citizen's aide.
I. A person who is not specifically authorized by this section to obtain CPS
information may petition a judge of the superior court to order the department to release
that CPS information. The court shall balance the rights of the parties entitled to
confidentiality pursuant to this section against the rights of the parties seeking
release of the CPS information. The court may release otherwise confidential CPS
information only if the rights of the parties seeking the CPS information and any
benefits from releasing the CPS information sought outweigh the rights of the parties
entitled to confidentiality and any harm that may result from releasing the CPS
information sought.
J. Except as provided in subsection K of this section, before it releases records
under this section, the department shall take whatever precautions it determines are
reasonably necessary to protect the identity and safety of a person who reports child
abuse or neglect and to protect any other person if the department believes that
disclosure of the CPS information would be likely to endanger the life or safety of the
person. The department is not required by this section to disclose CPS information if
the disclosure would compromise the integrity of a child protective services or criminal
investigation.
K. A person who is the subject of an unfounded report or complaint made pursuant to
this chapter and who believes that the report or complaint was made in bad faith or with
malicious intent may petition a judge of the superior court to order the department to
release the CPS information. The petition shall specifically set forth reasons supporting
the person's belief that the report or complaint was made in bad faith or with malicious
intent. The court shall review the CPS information in camera and the person filing the
petition shall be allowed to present evidence in support of the petition. If the court
determines that there is a reasonable question of fact as to whether the report or
complaint was made in bad faith or with malicious intent and that disclosure of the
identity of the person making the report or complaint would not be likely to endanger the
life or safety of the person making the report or complaint, it shall provide a copy of
the CPS information to the person filing the petition and the original CPS information is
subject to discovery in a subsequent civil action regarding the making of the report or
complaint.
L. The department shall provide the person who conducts a forensic medical
evaluation with any records the person requests, including social history and family
history regarding the child, the child's siblings and the child's parents or guardians.
M. The department shall provide CPS information on request to a prospective
adoptive parent, foster parent or guardian, if the information concerns a child the
prospective adoptive parent, foster parent or guardian seeks to adopt or provide care
for.
N. If the department receives information that is confidential by law, the
department shall maintain the confidentiality of the information as prescribed in the
applicable law.
O. A person may authorize the release of CPS information about the person but may
not waive the confidentiality of CPS information concerning any other person.
P. The department may provide a summary of the outcome of a child protective
services investigation to the person who reported the suspected child abuse or neglect.
Q. The department shall adopt rules to facilitate the accessibility of CPS
information.
R. The department may charge a fee for copying costs required to prepare CPS
information for release pursuant to this section.
S. A person who violates this section is guilty of a class 2 misdemeanor.
T. For the purposes of this section:
1. "CPS information" includes all information the department gathers during the
course of a child protective services investigation conducted under this chapter from the
time a file is opened and until it is closed. CPS information does not include
information that is contained in child welfare agency licensing records.
2. "Near fatality" means an act that, as certified by a physician, places a child
in serious or critical condition. 8-808 Parent assistance program
A. A parent assistance program is established in the administrative office of the
supreme court for the purpose of providing information to and assisting parents or
guardians in understanding the process of removal of a child from the home. The
administrative office of the supreme court shall establish parent assistance offices in
counties having a population of four hundred thousand persons or more and shall provide
twenty-four hour telephone hot line access statewide.
B. The administrative office of the supreme court shall hire and employ staff,
subject to legislative appropriation, for purposes relating to the functions of the
parent assistance program.
C. The parent assistance program shall provide the following information to parents
or guardians:
1. The parents' or guardians' legal rights, including the right to attend court or
foster care review board hearings, and the child's legal rights.
2. The means for accessing personnel who can provide information on:
(a) The well-being of the child who is removed from the home.
(b) The community resources that are available.
3. The procedures for requesting an attorney or a temporary custody hearing and the
consequences of failure to make the request.
D. The administrative office of the supreme court shall maintain current statistics
on the utilization of and types of calls received by the parent assistance program. The
administrative office of the supreme court shall make the information available to the
public on request and on the administrative office of the supreme court's web site.
E. The administrative office of the supreme court shall coordinate efforts with the
department of economic security to provide each parent or guardian with written notice of
the services offered by the parent assistance program at the time initial contact is made
with a family. 8-809 Child welfare mediation program
A. A child welfare mediation program is established in the office of the attorney
general. The mediation shall include, but not be limited to, disputes between families
and child protective services. Any information disclosed during a mediation session held
pursuant to this section shall be deemed confidential pursuant to section 8-807.
B. Child protective services personnel and families located in areas of the state
outside the initial project sites of Flagstaff, Phoenix and Tucson may participate in the
mediation services provided by this section by scheduling appointments with the mediation
coordinator at the project sites.
C. If a person requests mediation under subsection A of this section, at least one
mediation session shall be held. Thereafter, the mediator shall determine if additional
sessions are appropriate.
8-811 Hearing process; definitions
A. The department shall notify a person who is alleged to have abused or neglected
a child that the department intends to substantiate the allegation in the central
registry pursuant to section 8-804 and of that person's right:
1. To receive a copy of the report containing the allegation.
2. To a hearing before the entry into the central registry pursuant to section
8-802, subsection B, paragraph 9, subdivision (a).
B. The department shall send the notice prescribed in subsection A of this section
by first class mail no more than fourteen days after completion of the investigation.
C. A request for a hearing on the proposed finding must be received by the
department within fourteen days after receipt of the notice.
D. The department shall not disclose any information related to the investigation
of the allegation except as provided in sections 8-802, 8-807 and 13-3620.
E. If a request for a hearing is made pursuant to subsection C of this section, the
department shall conduct a review before the hearing. The department shall provide an
opportunity for the accused person to provide written or verbal information to support
the position that the department should not substantiate the allegation. If the
department determines that there is no probable cause that the accused person engaged in
the alleged conduct, the department shall amend the information or finding in the report
and shall notify the person and a hearing shall not be held.
F. Notwithstanding section 41-1092.03, the notification prescribed in subsection A
of this section shall also state that if the department does not amend the information or
finding in the report as prescribed in subsection E of this section within sixty days
after it receives the request for a hearing the person has a right to a hearing unless:
1. The person is a party in a civil, criminal or administrative proceeding in which
the allegations of abuse or neglect are at issue.
2. A court or administrative law judge has made findings as to the alleged abuse or
neglect.
G. If the department does not amend the information or finding in the report as
prescribed in subsection E of this section, the department shall notify the office of
administrative hearings of the request for a hearing no later than five days after
completion of the review. The department shall forward all records, reports and other
relevant information with the request for hearing within ten days. The department shall
redact the identity of the reporting source before transmitting the information to the
office of administrative hearings.
H. The office of administrative hearings shall hold a hearing pursuant to title 41,
chapter 6, article 10, with the following exceptions:
1. A child who is the victim of or a witness to abuse or neglect is not required to
testify at the hearing.
2. A child's hearsay statement is admissible if the time, content and circumstances
of that statement are sufficiently indicative of its reliability.
3. The identity of the reporting source of the abuse or neglect shall not be
disclosed without the permission of the reporting source.
4. The reporting source is not required to testify.
5. A written statement from the reporting source may be admitted if the time,
content and circumstances of that statement are sufficiently indicative of its
reliability.
I. On completion of the presentation of evidence, the administrative law judge
shall determine if probable cause exists to sustain the department's finding that the
accused engaged in the alleged conduct. If the administrative law judge determines that
probable cause does not exist to sustain the department's finding, the administrative law
judge shall order the department to amend the information or finding in the report.
J. When the department is requested to verify pursuant to section 8-807, if the
child protective services central registry contains a substantiated report about a
specific person, the department shall determine if the report was taken after January 1,
1998. If the report was taken after January 1, 1998, the department shall notify the
requestor of the substantiated finding. If the child protective services report was taken
before January 1, 1998, the department shall notify the person of the person's right to
request an administrative hearing. The department shall not send this notification if the
person was a party in a civil, criminal or administrative proceeding in which the
allegations of abuse or neglect were at issue. The provisions of this section shall
apply to the person's appeal.
K. The department shall provide the parent, guardian or custodian who is the
subject of the investigation and the person who reported the suspected child abuse or
neglect if that person is the child's parent, guardian or custodian with a copy of the
outcome of the investigation at one of the following times:
1. If the report is unsubstantiated.
2. If probable cause exists that abuse or neglect has occurred but a specific
person is not identified as having abused or neglected the child.
3. After the time to request a hearing has lapsed pursuant to subsection C of this
section without the department receiving a request for a hearing.
4. After a final administrative decision has been made pursuant to section
41-1092.08.
L. For the purposes of this section:
1. "Amend the finding" means to change the finding from substantiated to
unsubstantiated.
2. "Amend the information" means to change information identifying the accused of
having abused or neglected a child. 8-812 Child protective services expeditedsubstance abuse treatment fund
A. The child protective services expedited substance abuse treatment fund is
established consisting of monies appropriated by the legislature. The department of
economic security shall administer the fund.
B. Monies in the fund are exempt from the provisions of section 35-190 relating to
lapsing of appropriations.
C. Monies in the fund shall be used to provide expedited substance abuse treatment
to parents or guardians with a primary goal of facilitating family preservation or
reunification, including, if necessary, services that maintain the family unit in a
substance abuse treatment setting. Fund monies shall not be spent on behalf of a parent
or guardian unless all of the following are true:
1. The parent or guardian is a party to a dependency action concerning a child of
the parent or a child under the care of the guardian.
2. The parent or guardian is not eligible for benefits under title XIX of the
social security act (P.L. 89-97; 79 Stat. 344) or private insurance, or the necessary
substance abuse treatment service is not available under title XIX of the social security
act or private insurance.
3. The case plan provides for the child to either remain with or return to the
parent or guardian.
4. The treatment is necessary for the case plan to be accomplished.
D. The department of economic security shall give preference in using fund monies
to pay for treatment for parents or guardians who are parties in cases that are part of
any judicially or legislatively created program for expedited proceedings in dependency
determinations.
E. The fund is the payor of last resort for treatment. Fund monies shall not be
spent to pay for treatment if other monies are available to pay for the treatment. If it
is determined after fund monies are spent to pay for treatment that other monies were
available to pay for the treatment, the department of economic security may seek to have
the fund reimbursed for the payment.
F. The department of economic security shall make the following information
available to the public on request and on the department of economic security's web site:
1. The number and percentage of parents and guardians who are offered treatment
paid for with fund monies and who complete treatment.
2. The number of cases and children who are able to remain with or are returned to
the custody of their parents or guardians as a result, in whole or in part, of treatment
paid for with fund monies.
3. The number of children who receive expedited permanent placement as a result of
the availability of services paid for with fund monies.
4. Data for cases that are part of expedited proceedings as described in subsection
D of this section.
G. The department of economic security shall provide services pursuant to this
section in collaboration with the department of health services.
H. A recipient of services that are paid for with fund monies shall sign a written
statement that is substantially in the following form:
By signing this document, I indicate my understanding of the seriousness
of my substance abuse problem and its effects on my ability to parent my child
or children. I understand that this expedited substance abuse treatment
program is paid for with monies that were specifically provided to speed the
resolution of the case plan to return the child or children to the parent. I
acknowledge that successful completion of this treatment program will be a
significant factor in my future relationship with my child or children, the
state of ARIZONA and child protective services. I fully intend to complete the
substance abuse treatment program as part of the case plan to obtain custody
of my child or children.
8-813 Preplacement investigation; medicalexamination; disposition
A. On the initial out-of-home placement of a child:
1. The division or a licensed child welfare agency shall conduct an investigation
of the child designed to establish an appropriate plan for placement of the child.
2. The child shall receive a complete medical examination.
3. The child may receive such further diagnosis and evaluation as are necessary.
B. The department shall develop policies and procedures with public input to allow
the child to maintain contact by telephone, mail or visits with the child's parents,
family members, friends, other relatives and any former foster parent, unless the court
determines that the contact is not in the child's best interests.
C. Notwithstanding any law to the contrary, before a court orders counseling,
testing or other treatment services, it shall first determine that the proposed services
are necessary and appropriate.
D. Subsequent to initial placement, the child placed in a setting other than the
child's parent's home shall have a medical examination at periodic intervals, not less
than once each year.
E. Contagious and infectious diseases shall be treated immediately at the county
hospital or other appropriate medical facility.
F. If the investigation and medical examination disclose no physical, mental or
emotional reasons for special care, and the child is not found delinquent, the child may
be placed in a regular foster home. If special care is required, or the child has been
found delinquent, the child may be placed only in foster homes that are certified as
special foster homes or such other appropriate facilities where children may be treated.
8-814 Permanent guardianship subsidy; offsets; discontinuation; annual review; appeals; definition
A. The department of economic security shall establish and administer an ongoing
program of subsidized permanent guardianship. Subsidies shall be provided from monies
appropriated to the department or made available to it from other sources for permanent
guardianship purposes.
B. The department may provide a subsidy to an applicant on behalf of a child
subject to the requirements of this section.
C. An applicant is not eligible for a subsidy until the applicant demonstrates that
the child or a responsible person on behalf of the child has applied for all benefits to
which the child is entitled from other state or federal programs.
D. The department shall determine the appropriate amount of the subsidy, which
shall not exceed the maintenance payment allowable for an adoption subsidy pursuant to
chapter 1, article 2 of this title. The amount of the subsidy shall be offset by
benefits received pursuant to the programs described in subsection C of this section.
E. The department shall conduct an annual review of a subsidy to determine that the
permanent guardian continues to be eligible for the subsidy and that the subsidy is for
the appropriate amount.
F. A permanent guardian who is receiving a subsidy shall:
1. Cooperate with the department in the annual review process.
2. Notify the department in writing of any change:
(a) That would lead to discontinuance of the subsidy pursuant to subsection E of
this section.
(b) In benefits being received from programs described in subsection C of this
section within two weeks of the change.
(c) In address within two weeks of the change.
G. The department shall discontinue a subsidy if any of the following occurs:
1. The permanent guardianship terminates.
2. The child dies or does not reside with the permanent guardian.
3. The child reaches eighteen years of age, except that the department may continue
the subsidy until the child's twenty-second birthday if the child is enrolled in and
regularly attending school and has not received a high school diploma or certificate of
equivalency.
4. The applicant fails to comply with any requirement in this section.
H. Any decision denying, reducing or terminating a permanent guardianship subsidy
is appealable pursuant to title 41, chapter 6 and chapter 14, article 3.
I. Notwithstanding section 41-3102, this program does not include a specific
expiration date.
J. For the purposes of this section "applicant" means a person who is appointed as
a permanent guardian pursuant to section 8-525.01 and who applies for a subsidy pursuant
to this section.
8-815 Indian child welfare act; inquiry
A. At the beginning of any court proceeding held pursuant to this chapter, the
court shall inquire if any party has reason to believe that any child who is subject to
the proceeding is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat.
3069; 25 United States Code sections 1901 through 1963). This inquiry is not required if
the court has already determined that the Indian child welfare act of 1978 applies.
B. If the child is subject to the Indian child welfare act, the court and parties
shall meet all requirements of the act that are not prescribed by this chapter.
8-816 Family builders program; services;program termination; definitions
A. The family builders program is established in the department of economic
security. The department shall implement the program through collaborative partnerships
between child protective services, community social service agencies, family support
programs and other community organizations, which may include faith-based organizations,
to establish a system that, through referral to a network of contracted
neighborhood-based agencies, provides a variety of community-linked family preservation
and support services to assist families to prevent and remedy conditions or circumstances
that cause child abuse or neglect.
B. The department shall contract with neighborhood-based agencies and organizations
to conduct family assessments, provide case management and provide the necessary services
to protect the child and support the family on referral from the department.
C. During the initial contact with a family, the provider shall:
1. Verbally inform the prospective program participants that child protective
services referred the family to the provider after investigation of a report of abuse or
neglect.
2. Verbally inform the prospective program participants that they do not have to
accept services.
3. Obtain the written, informed consent of the prospective program participants who
choose to accept the services offered. The consent form shall include a description of
the services offered and the rights and responsibilities of the program participants and
a statement that emphasizes the voluntary nature of the program.
D. Contracts shall require that the provider establish a continuum of services for
families through written agreements with community agencies and organizations to provide
required services to families. The provider may purchase or obtain without cost the
services of any agency or organization that may provide resources to assist the family.
E. Contracts shall require that the provider initiate a thorough family assessment
and necessary services within forty-eight hours, excluding weekends and holidays, after
the provider receives the referral from the department.
F. The department shall provide information to the provider concerning the current
report and may provide any information from records it deems appropriate. All information
received by the provider regarding the report of abuse or neglect and department records
is subject to the confidentiality requirements of section 8-807. Information in the
records of the provider concerning the families served by the program is available for
the purposes of evaluating the program.
G. On receipt of a referral from child protective services, within forty-eight
hours the provider shall attempt to contact the family in person, initiate a family
assessment with the consent of the family and offer to assist the family to obtain the
services that are necessary to reduce or eliminate the causes for the initial information
being received by child protective services and other identified needs of the family.
H. If at any time during the initial contact or during the course of service
delivery the provider determines that the child is in imminent danger of abuse or
neglect, the provider shall immediately report the case to the department or the
appropriate law enforcement agency, or both, for appropriate action. In all cases the
provider and any agency under subcontract to the provider shall retain records of
information on initial and ongoing contact with the family and the final disposition of
the case and shall provide this information to the department.
I. A family who is offered services by the provider may refuse to accept those
services. The provider shall document the family's refusal of services in the case
record.
J. The provider shall conduct an assessment in the home and with the family's
participation shall develop an initial plan within thirty days based on the family's
needs. The provider shall assist the family in identifying and providing appropriate
services. The provider shall monitor the progress made by the family based on the plan
expectations and shall conduct home visits to determine the safety of the child and any
other children in the home at the time of the visit.
K. The department shall require that the provider establish a local advisory board
composed of appropriate community representatives, including representation from families
in the community and local public agencies. The local advisory board shall ensure that a
continuum of services is provided for families and shall provide oversight to the
program.
L. The department shall identify goals, objectives and outcomes for family builders
programs.
M. If the department expands the program to new geographic areas, it shall hold at
least one informational meeting to inform potential providers of the opportunity to bid
on the contract. The department shall provide adequate public notice of each meeting to
potential providers in the same manner as provided in section 41-2533.
N. The department shall develop performance standards for the contracts, provide
training to the provider or organization staff involved in service delivery to these
families regarding child abuse and neglect and monitor the performance of the providers.
O. The program established by this section ends on July 1, 2010 pursuant to section
41-3102.
P. For the purposes of this section:
1. "Department" means the department of economic security.
2. "Provider" means a community social services agency, family support program or
community organization, including a faith-based organization, that is awarded a contract
by the department.
3. "Services" includes:
(a) Family assessment.
(b) Case management.
(c) Child day care.
(d) Housing search and relocation.
(e) Parenting skills training.
(f) Supportive intervention and guidance counseling.
(g) Transportation.
(h) Emergency services.
(i) Intensive family preservation.
(j) Parent aide services.
(k) Respite services.
(l) Shelter services with parental consent.
(m) Additional services that the department determines are necessary to meet the
needs of the families. 8-817 Initial screening and safety assessmentand investigation protocols; investigations
A. The department shall develop initial screening and safety assessment protocols
in consultation with the attorney general and statewide with county attorneys, chiefs of
police, sheriffs, medical experts, victims' rights advocates, domestic violence victim
advocates and mandatory reporters. Any initial screening and safety assessment tools
shall be based on sound methodology and shall ensure valid and reliable responses. The
department shall establish written policies and procedures to implement the use of the
initial screening and safety assessment protocols.
B. In each county, the county attorney, the sheriff, the chief law enforcement
officer for each municipality in the county and the department shall develop and
implement protocols for cooperation in investigations of allegations involving extremely
serious conduct. The protocols shall include:
1. The process for notification of receipt of extremely serious conduct
allegations.
2. The standards for interdisciplinary investigations of specific types of abuse
and neglect, including timely forensic medical evaluations.
3. The standards for interdisciplinary investigations involving native American
children in compliance with the Indian child welfare act.
4. Procedures for sharing information.
5. Procedures for coordination of screening, response and investigation with other
involved professional disciplines and notification of case status.
6. The training required for the involved child protective service workers, law
enforcement officers and prosecutors to execute the investigation protocols, including
forensic interviewing skills.
7. The process to ensure review of and compliance with the investigation protocols
and the reporting of activity under the protocols.
8. Procedures for an annual report to be transmitted within forty-five days after
the end of each fiscal year to the governor, the speaker of the house of representatives
and the president of the senate.
9. Procedures for dispute resolution.
C. The department, the appropriate county attorney and the appropriate law
enforcement agency shall cooperate in the investigation of every extremely serious
conduct allegation in accordance with the investigation protocols established pursuant to
this section.
8-818 Child protective services; financial andprogram accountability
A. The department, the office of strategic planning and budgeting and the joint
legislative budget committee shall develop a financial and program accountability
reporting system for child protective services.
B. The accountability reporting system shall include the following accountability
factors:
1. Success in meeting training requirements.
2. Caseloads for child protective services workers.
3. The number of new cases, cases that remain open and cases that have been closed.
4. The ratio of child protective services workers to immediate supervisors.
5. Employee turnover, including a breakdown of employees who remain with the
department and employees who leave the department.
6. The source and use of federal monies in child protective services.
7. The source and use of state monies in child protective services.
8. Any additional factor deemed necessary by the department, office and committee.
C. The department shall issue a financial and program accountability report to the
governor and the chairpersons of the house of representatives appropriations and human
services committees and the senate appropriations and family services committees, or
their successor committees, on or before February 1 and August 1 of each year.
D. The department shall issue the first financial and program accountability report
on or before August 1, 2004. In developing the financial and program accountability
reporting system, the department, the office of strategic planning and budgeting and the
joint legislative budget committee shall review the current reporting requirements of the
department to eliminate duplication of reporting requirements and to coordinate reporting
requirements. The department, the office of strategic planning and budgeting and the
joint legislative budget committee shall also review the current information processing
capabilities to report timely and accurate information. On or before July 1, 2004, the
department shall report to the governor and the chairpersons of the house of
representatives appropriations and human services committees and the senate
appropriations and family services committees the measures to be used to report the
accountability factors, including a definition of and the methods for determining these
measures. 8-819 Determination of neglect
In determining if a child is neglected, consideration shall be given to:
1. The drug or alcohol abuse of the child's parent, guardian or custodian.
2. The use by the mother of a dangerous drug, a narcotic drug or alcohol during
pregnancy if the child, at birth or within a year after birth, is demonstrably adversely
affected by this use. For the purposes of this paragraph, "dangerous drug" and "narcotic
drug" have the same meaning prescribed in section 13-3401. 8-821 Taking into temporary custody; medicalexamination; placement; interference; classification
A. A child shall be taken into temporary custody in proceedings to declare a child
a temporary ward of the court to protect the child, pursuant to an order of the juvenile
court on a petition by an interested person, a peace officer or a child protective
services worker under oath that reasonable grounds exist to believe that temporary
custody is clearly necessary to protect the child from suffering abuse or neglect. If a
child is taken into temporary custody pursuant to this section, the child's sibling shall
also be taken into temporary custody only if reasonable grounds independently exist to
believe that temporary custody is clearly necessary to protect the child from suffering
abuse or neglect.
B. A child may be taken into temporary custody by a peace officer or a child
protective services worker if temporary custody is clearly necessary to protect the child
because probable cause exists to believe that the child is either:
1. A victim or will imminently become a victim of abuse or neglect.
2. Suffering serious physical or emotional injury that can only be diagnosed by a
medical doctor or psychologist.
3. Physically injured as a result of living on premises where dangerous drugs or
narcotic drugs are being manufactured. For the purposes of this paragraph, "dangerous
drugs" and "narcotic drugs" have the same meaning prescribed in section 13-3401.
C. In determining if a child should be taken into temporary custody, the interested
person, peace officer or child protective services worker may take into consideration as
a mitigating factor the participation of the parent or guardian in the healthy families
program established by section 8-701.
D. In determining if a child should be taken into temporary custody, the interested
person, peace officer or child protective services worker shall take into consideration:
1. As a paramount concern the child's health and safety and shall consider as a
mitigating factor the availability of reasonable services to the parent or guardian to
prevent or eliminate the need for removal of the child and the effort of the parent or
guardian to obtain and participate in these services.
2. Whether the parent is willing to participate in services provided pursuant to
section 8-830.
E. A person who takes a child into custody pursuant to subsection B, paragraph 2 of
this section shall immediately have the child examined by a medical doctor or
psychologist. After the examination the person shall release the child to the custody of
the parent or guardian of the child unless the examination reveals abuse or neglect.
Temporary custody of a child taken into custody pursuant to subsection B, paragraph 2 of
this section shall not exceed twelve hours.
F. A child who is taken into temporary custody pursuant to this article shall not
be detained in a police station, jail or lockup where adults charged with or convicted of
a crime are detained.
G. A child shall not remain in temporary custody for more than seventy-two hours
excluding Saturdays, Sundays and holidays unless a dependency petition is filed.
H. A person who knowingly interferes with the taking of a child into temporary
custody under this section is guilty of a class 2 misdemeanor.
8-822 Removal of child from home; review;review teams
The department shall adopt rules and establish clear policies and procedures, where
appropriate, to:
1. Determine the circumstances under which it is appropriate to remove a child from
the custody of the child's parents, guardian or custodian.
2. Ensure the immediate notification of the child's parents, guardian or custodian
regarding the removal of the child from home, school or child care and the timely
interview of the child and the child's parent, guardian or custodian.
3. Review each removal of a child that is expected to result in a dependency
petition to assess options other than continued out-of-home placement including in-home
services to the family. Such reviews shall be conducted before the dependency petition
is filed. The review team shall consist of a protective services worker, a worker's
supervisor and two members of the local foster care review board. If the child has a
medical need or a chronic illness, the review team shall include the child's physician.
If all reasonable efforts to reach the child's physician have been made and the physician
is not available, the team shall include a physician who is licensed pursuant to title
32, chapter 13 or 17 and who is familiar with children's health care. A child shall not
be removed unless a majority of the members of the review team agree that removal is
necessary. If a majority of the members of the review team do not agree that removal is
necessary, the child shall not be removed or, if the child has already been removed, the
child shall be returned to the home.
8-823 Notice of taking into temporarycustody
A. If a child is taken into temporary custody pursuant to this article, the
interested person, peace officer or child protective services worker taking the child
into custody shall provide written notice within six hours to the parent or guardian of
the child, unless:
1. The parent or guardian is present when the child is taken into custody, then
written and verbal notice shall be provided immediately.
2. The residence of the parent or guardian is outside this state and notice cannot
be provided within six hours, then written notice shall be provided within twenty-four
hours.
3. The residence of the parent or guardian is not ascertainable, then reasonable
efforts shall be made to locate and notify the parent or guardian of the child as soon as
possible.
B. The written notice shall contain a signature line for the parent or guardian to
acknowledge receipt of both written and verbal notices. The written and verbal notices
shall contain the name of the person and agency taking the child into custody, the
location from which the child was taken and all of the following information:
1. Specific reasons as to why the child is being removed. The notice shall list the
specific factors that caused the determination of imminent danger.
2. Services that are available to the parent or guardian, including a statement of
parental rights and information on how to contact the ombudsman-citizen's aide office and
an explanation of the services that office offers.
3. The date and time of the taking into custody.
4. The name and telephone number of the agency responsible for the child.
5. A statement of the reasons for temporary custody of the child.
6. A statement that the child must be returned within seventy-two hours excluding
Saturdays, Sundays and holidays unless a dependency petition is filed and a statement
that a child in temporary custody for examination pursuant to section 8-821, subsection
B, paragraph 2 must be returned within twelve hours unless abuse or neglect is diagnosed.
7. One of the following:
(a) If a dependency petition has not been filed or if the information prescribed in
subdivision (b) is not available, a statement that if a dependency petition is filed, the
parent or guardian will be provided a written notice no later than twenty-four hours
after the petition is filed that contains the information prescribed in subdivision (b).
(b) In all other cases, the date, time and place of the preliminary protective
hearing to be held pursuant to section 8-824 and the requirements of subsection D of this
section.
8. A statement of the right of the parent or guardian to counsel and that counsel
will be appointed pursuant to section 8-221 through the juvenile court if a dependency
petition is filed and the person is indigent.
9. Information regarding the ability of the person about whom the report was made
to provide a verbal, telephonic or written response to the allegations. A verbal response
shall be included in the written report of the investigation. A written response,
including any documentation, shall be included in the case file. The response shall be
provided to the removal review team if the response is made before the team considers the
removal.
10. A statement that the hearing may result in further proceedings to terminate
parental rights.
C. The protective services worker shall provide the parent or guardian with the
notice even if the parent or guardian refuses to sign the acknowledgment.
D. Immediately before the time of the preliminary protective hearing, the persons
described in section 8-824, subsection B shall meet and attempt to reach an agreement
about placement of the child, services to be provided to the child, parent or guardian
and visitation of the child. The parties shall meet with their counsel, if any, before
this meeting. Consideration shall be given to the availability of reasonable services to
the parent or guardian and the child's health and safety shall be a paramount concern.
The persons described in section 8-824, subsection C may attend the meeting to reach an
agreement.
E. If a dependency petition is filed by the department, the child protective
services worker is responsible for delivering the notice of the preliminary protective
hearing prescribed in subsection B, paragraph 7 of this section to the parent or
guardian. In all other cases, the person who files the dependency petition is responsible
for delivery of this notice to the parent or guardian. If the location of the parent or
guardian is unknown, the person who is responsible for serving this notice shall make
reasonable efforts to locate and notify the parent or guardian.
8-824 Preliminary protective hearing; probablecause; appointment of counsel
A. The court shall hold a preliminary protective hearing to review the taking into
temporary custody of a child pursuant to section 8-821 not fewer than five days nor more
than seven days after the child is taken into custody excluding Saturdays, Sundays and
holidays. If clearly necessary to prevent abuse or neglect, to preserve the rights of a
party or for other good cause shown, the court may grant one continuance that does not
exceed five days.
B. The following persons shall be present at the preliminary protective hearing:
1. The child's parents or guardian, unless they cannot be located or they fail to
appear in response to the notice.
2. Counsel for the parents if one has been requested or retained.
3. The child's guardian ad litem or attorney.
4. The protective services worker.
5. Counsel for the protective services worker.
C. If the court finds that it is in the best interests of the child, the court may
allow the following to be present at the preliminary protective hearing:
1. The child.
2. Any relative or other interested person with whom the child might be placed as
described in section 8-845, subsection A.
3. Witnesses called by the parties.
4. An advocate or interested person as requested by the parent or guardian.
5. Other persons who have knowledge of or an interest in the welfare of the child.
D. At the hearing, the court shall advise the parent or guardian of the following
rights:
1. The right to counsel, including appointed counsel if the parent or guardian is
indigent.
2. The right to cross-examine all witnesses who are called to testify against the
parent or guardian.
3. The right to trial by court on the allegations in the petition.
4. The right to use the process of the court to compel the attendance of witnesses.
E. At the hearing, the court:
1. Shall receive a report of any agreement reached pursuant to section 8-823,
subsection D. The report may be made orally.
2. Shall provide an opportunity for the child's parent or guardian, if present, and
any other person who has relevant knowledge, to provide relevant testimony.
3. May limit testimony and evidence that is beyond the scope of the removal of the
child, the child's need for continued protection, placement, visitation and services to
be provided to the child and family.
4. May take into consideration as a mitigating factor the participation of the
parent or guardian in the healthy families pilot program established by section 8-701.
5. Shall take into consideration as a mitigating factor the availability of
reasonable services to the parent or guardian to prevent or eliminate the need for
removal of the child and the effort of the parent or guardian to obtain and participate
in these services.
6. Shall inform the child's parent or guardian that the hearing may result in
further proceedings to terminate parental rights.
7. Shall give paramount consideration to the health and safety of the child.
F. The petitioner has the burden of presenting evidence as to whether there is
probable cause to believe that continued temporary custody is clearly necessary to
prevent abuse or neglect pending the hearing on the dependency petition.
G. If the child is in the temporary custody of the department, the department shall
submit not later than the day before the hearing a written report to the court and the
parties that states:
1. The reasons the child was removed from the parent's or guardian's custody.
2. Any services that have been provided to the child or the child's parent or
guardian to prevent removal.
3. The need, if any, for continued temporary custody.
4. The types of service needed to facilitate the return of the child to the custody
of the child's parents or guardian.
5. Whether the child has any relatives or other interested parties as described in
section 8-845, subsection A who may be able and willing to take temporary custody.
6. Any services that are requested by the parent or guardian but that are not
provided and the reasons the services were not provided.
7. Any efforts made to place siblings together, and if they are not placed
together, the reasons why.
8. Any efforts made to facilitate communications among siblings.
9. A proposal for visitation and the results of any visitation that has occurred
since the child was removed.
10. A proposed case plan for services to the family.
H. The parent or guardian shall state whether the parent or guardian admits or
denies the allegations in the petition filed pursuant to section 8-841. If the parent or
guardian admits or does not contest the allegations in the petition, the court shall
determine that the parent or guardian understands the rights described in subsection D of
this section and that the parent or guardian knowingly, intelligently and voluntarily
waives these rights.
I. At the hearing the court shall enter orders regarding the placement of the child
pending the determination of the dependency petition and visitation, if any, if the child
is not returned to the parent or guardian. The court shall also determine if the tasks
and services set forth in the case plan are reasonable and necessary to carry out the
case plan.
8-825 Court determinations in preliminaryprotective hearing
A. The court's determination in the preliminary protective hearing may be based on
evidence that is hearsay, in whole or in part, in the following forms:
1. The allegations of the petition.
2. An affidavit.
3. Sworn testimony.
4. The written reports of expert witnesses.
5. The department's written reports if the protective services worker is present
and available for cross-examination.
6. Documentary evidence without foundation if there is a substantial basis for
believing the foundation will be available at the dependency hearing and the document is
otherwise admissible.
7. The testimony of a witness concerning the declarations of another person if the
evidence is cumulative or there is a reasonable ground to believe that the other person
will be personally available for trial.
B. The court shall determine whether temporary custody of the child is clearly
necessary to prevent abuse or neglect pending the hearing on the dependency
petition. The court:
1. On finding that the petitioner has not met the burden prescribed in section
8-824, subsection F, shall return the child to the child's parent, guardian or custodian
pending the dependency hearing.
2. On finding that the petitioner has met the burden prescribed in section 8-824,
subsection F, may declare the child a temporary ward of the court pending the dependency
hearing.
C. The court shall also determine if reasonable efforts were made to prevent or
eliminate the need for removal of a child from the child's home and if services are
available that would eliminate the need for continued removal. If the child is:
1. In the custody of the department, the court shall order the department to make
reasonable efforts to provide services to the child and parent to facilitate the
reunification of the family, except as provided in section 8-846.
2. Not in the custody of the department and the department is not a party, the
court may direct the parties to participate in reasonable services that will facilitate
reunification of the family or another permanent plan for the child. The court shall not
require the department to provide services pursuant to this paragraph.
8-826 Further hearings and proceedings
If a parent or guardian denies the allegations at the preliminary protective hearing
the court may set the date for the dependency adjudication hearing as to that parent or
guardian. An initial dependency hearing shall not be held as to that parent or
guardian. The court shall also schedule the settlement conference, pretrial conference
or mediation that is prescribed in section 8-844. The court shall also instruct the
parent or guardian that the failure to appear at the pretrial conference, settlement
conference or dependency adjudication hearing may result in an adjudication of dependency
and disposition as to the parent or guardian who does not appear.
8-828 Family advocacy office; duties; program termination
A. The family advocacy office is established in the department of economic security
pursuant to rules adopted by the department. The director shall administer the office and
shall provide staff for the office.
B. The office shall:
1. Respond to complaints regarding individual cases that involve the child welfare
system.
2. On request immediately review the removal of a child before a petition for
dependency is filed pursuant to this chapter.
3. Assemble a multidisciplinary case consultation team to assist the office in its
review of complaints. The team shall include public members who are appointed by the
director and who are not department employees and who do not have a contract with the
department. Public members are not eligible to receive compensation but are eligible for
reimbursement of expenses pursuant to title 38, chapter 4, article 2.
4. Establish a system to track all complaints it receives.
5. Based on the information it receives pursuant to paragraph 4, submit a monthly
report to the director on the following:
(a) The number, type and source of complaints received by each district office.
(b) The result of its investigations of each complaint.
(c) Any problems with the child welfare system that the family advocacy office has
identified.
C. The program established pursuant to this section ends on July 1, 2005 pursuant
to section 41-3102. 8-829 Judicial determinations; timing;documentation
A. If a child has been removed from the child's home, the court shall make
protecting the child from abuse or neglect the first priority and shall make the
following determinations within the following time periods:
1. In the court's first order that sanctions the removal, whether continuation of
the child's residence in the home would be contrary to the welfare of the child. This
order may be the temporary order that the court issues on the filing of a dependency
petition.
2. Within sixty days after the child is removed from the child's home, whether
reasonable efforts have been made to prevent removal of the child or whether it was
reasonable to make no efforts to prevent removal of the child.
3. Within twelve months after the child is removed from the child's home and once
every twelve months thereafter, whether reasonable efforts have been made to finalize the
existing permanency plan.
B. The court shall make each determination described in subsection A on a
case-by-case basis and shall set forth in its written order the specific factual basis
for each determination. In making its determination, the court shall consider
documentation that is reasonably available at the time of the determination.
8-830 Residential drug treatment center;services; program termination; definitions
A. The department shall contract with a provider to conduct family assessments,
provide case management and provide the necessary services, including residential drug
treatment services, to protect the child and support the family on referral from the
department pursuant to section 8-821.
B. The contract shall require that the provider establish a continuum of services
for families through written agreements with community agencies and organizations to
provide required services to families. The provider may purchase or obtain without cost
the services of any agency or organization that may provide resources to assist the
family.
C. The contract shall require that the provider initiate a thorough family
assessment and necessary services as soon as practicable after the provider receives the
referral from the department.
D. The department shall provide information to the provider concerning the current
report and may provide any information from records it deems appropriate. All information
received by the provider regarding the report of abuse or neglect and department records
is subject to the confidentiality requirements of section 8-807. Information in the
records of the provider concerning the families served by the program is available for
the purposes of evaluating the program.
E. If at any time during the course of service delivery the provider determines
that the child is in imminent danger of abuse or neglect, the provider shall immediately
report the case to the department or the appropriate law enforcement agency, or both, for
appropriate action. In all cases the provider and any agency under subcontract to the
provider shall retain records of information on initial and ongoing contact with the
family and the final disposition of the case and shall provide this information to the
department.
F. The department shall require that the provider establish a local advisory board
composed of appropriate community representatives, including representation from families
in the community and local public agencies. The local advisory board shall ensure that a
continuum of services is provided for families and shall provide oversight to the
program.
G. The department shall develop performance standards for the contracts, provide
training to the provider or organization staff involved in service delivery to these
families regarding child abuse and neglect and monitor the performance of the providers.
H. The contract entered into pursuant to this section shall be for a term of ten
years. The program established by this section ends on July 1, 2014 pursuant to section
41-3102.
I. For the purposes of this section:
1. "Department" means the department of economic security.
2. "Provider" means a community or faith-based provider that is awarded a contract
by the department.
3. "Services" includes:
(a) Family assessment.
(b) Case management.
(c) Child day care.
(d) Housing search and relocation.
(e) Parenting skills training.
(f) Supportive intervention and guidance counseling.
(g) Transportation.
(h) Emergency services.
(i) Intensive family preservation.
(j) Parent aide services.
(k) Residential drug treatment services.
(l) Additional services that the department determines are necessary to meet the
needs of the families.
8-841 Dependency petition; service; preliminaryorders
A. Any interested party may file a petition to commence proceedings in the juvenile
court alleging that a child is dependent.
B. The petition shall be verified and shall contain all of the following:
1. The name, age and address, if any, of the child on whose behalf the petition is
brought.
2. The names and addresses, if known, of both parents and any guardian of the
child.
3. A concise statement of the facts to support the conclusion that the child is
dependent.
4. If the child was taken into temporary custody, the date and time the child was
taken into custody.
5. A statement whether the child is subject to the Indian child welfare act of 1978
(P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).
C. The person who files the petition shall have the petition and a notice served
on:
1. The parents and any guardian of the child.
2. The child's guardian ad litem or attorney.
3. Any person who has filed a petition to adopt or who has physical custody
pursuant to a court order in a foster-adoptive placement.
D. The notice shall contain all of the following:
1. The name and address of the person to whom the notice is directed.
2. The date, time and place of the hearing on the petition.
3. The name of the child on whose behalf the petition has been filed.
4. A statement that the parent or guardian and the child are entitled to have an
attorney present at the hearing and that, if the parent or guardian is indigent and
cannot afford an attorney and wants to be represented by an attorney, one will be
provided.
5. A statement that the hearing may result in further proceedings for permanent
guardianship or to terminate parental rights.
E. The petition and notice shall be served on a parent or guardian as soon as
possible after the petition is filed and at least five days before the initial dependency
hearing if the parent or guardian did not attend the preliminary protective hearing. If a
parent or guardian does attend the preliminary protective hearing, the petition and
notice shall be served at the preliminary protective hearing.
F. On the filing of the petition, the court may issue any temporary orders
necessary to provide for the safety and welfare of the child.
8-842 Initial dependency and dependencyadjudication hearings; deadlines
A. Except as provided in section 8-826, the court shall set the initial dependency
hearing within twenty-one days after the petition is filed. If service by publication is
required, the court may set an initial dependency hearing within a time period to allow
for publication pursuant to the rules of procedure for the juvenile court.
B. The court may continue the initial dependency hearing for good cause, but,
unless the court has ordered in-home intervention, the dependency adjudication hearing
shall be completed within ninety days after service of the dependency petition. The time
limit for completing the dependency adjudication hearing may be extended for up to thirty
days if the court finds good cause or in extraordinary cases as prescribed by the supreme
court by rule.
8-843 Initial dependency hearing;rights
A. At any dependency hearing, the court's primary consideration shall be the
protection of a child from abuse or neglect.
B. At the initial dependency hearing, the court shall ensure that the parent or
guardian has been advised of the following rights:
1. The right to counsel, including appointed counsel if the parent or guardian is
indigent.
2. The right to trial by the court on the allegations in the petition.
3. The right to cross-examine all witnesses that are called to testify against the
parent or guardian.
4. The right to use the process of the court to compel the attendance of witnesses.
C. If the parent or guardian admits or does not contest the allegations in the
petition, the court shall determine that the parent or guardian understands the rights
described in subsection A of this section and that the parent or guardian knowingly,
intelligently and voluntarily waives these rights.
D. If the parent or guardian denies the allegations in the petition, the court
shall set the settlement conference, pretrial conference or mediation prescribed in
section 8-844.
E. The court shall also determine if reasonable efforts were made to prevent or
eliminate the need for removal of a child from the child's home and if services are
available that would eliminate the need for continued removal. If the child is:
1. In the custody of the department, the court shall order the department to make
reasonable efforts to provide services to the child and parent to facilitate the
reunification of the family, except as provided in section 8-846.
2. Not in the custody of the department and the department is not a party, the
court may direct the parties to participate in reasonable services that will facilitate
reunification of the family or another permanent plan for the child. The court shall not
require the department to provide services pursuant to this paragraph.
F. Notwithstanding any other provision of this section, the court may stay the
proceedings and order in-home intervention as provided in article 7 of this chapter. 8-844 Dependency adjudication hearing;settlement conference or mediation
A. Before a contested dependency case proceeds to adjudication, the court shall
hold a settlement conference or pretrial conference or shall order mediation. All of the
parties in the contested action shall participate in the conference or mediation.
B. The court shall take into consideration as a mitigating factor the availability
of reasonable services to the parent or guardian to prevent or eliminate the need for
removal of the child and the effort of the parent or guardian to obtain and participate
in these services.
C. If, at the dependency adjudication hearing, the court:
1. Finds by a preponderance of the evidence that the allegations contained in the
petition are true, the court shall:
(a) Make the following findings as to each parent:
(i) That the court has jurisdiction over the subject matter and the person before
the court.
(ii) The factual basis for the dependency.
(iii) That the child is dependent.
(b) Conduct a disposition hearing.
2. Does not find by a preponderance of the evidence that the allegations contained
in the petition are true, the court shall dismiss the petition.
D. The court may adjudicate a child dependent as to one parent or guardian and
proceed with a disposition, review or permanency hearing or any other hearing as to that
particular parent or guardian notwithstanding another parent's or guardian's request to
contest the allegations in the petition or that another parent or guardian has not been
served.
E. The court may hold the disposition hearing on the same date as the dependency
adjudication hearing or at a later date that is not more than thirty days after the date
of the dependency adjudication hearing.
F. If a parent does not appear at the pretrial conference, settlement conference or
dependency adjudication hearing, the court, after determining that the parent has been
instructed as provided in section 8-826, 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 make a determination of dependency and disposition
based on the record and evidence presented as provided in rules prescribed by the supreme
court.
8-845 Disposition hearing
A. After receiving and considering the evidence on the proper disposition of the
case, the court may enter orders awarding a dependent child as follows:
1. To the care of the child's parents, subject to the supervision of the department
of economic security.
2. To a suitable institution.
3. To an association willing to receive the child.
4. To a reputable citizen of good moral character.
5. To an appropriate public or private agency licensed to care for children.
6. To a suitable school.
7. To maternal or paternal relatives, if they are physically and financially able
to provide proper care.
8. To supervision under the independent living program established pursuant to
section 8-521.
9. To any adult as a permanent guardian pursuant to article 5 of this chapter.
B. In reviewing the status of the child and in determining its order of
disposition, the court shall consider the health and safety of the child as a paramount
concern and the following criteria:
1. The goals of the placement and the appropriateness of the case plan.
2. The services that have been offered to reunite the family.
3. If returning the child home is not likely, the efforts that have been or should
be made to evaluate or plan for other permanent placement plans.
C. The court shall review the permanent plan that has been established for the
child. In reviewing the status of the child, the court, insofar as possible, shall seek
to reunite the family. If the court does not order reunification of the family, the
court shall order a plan of adoption or another permanent plan that is in the child's
best interest.
D. Notwithstanding subsection C of this section, reasonable efforts to place a
child for adoption may be made concurrently with reasonable efforts to reunify the
family.
8-846 Services provided to the child andfamily
A. Except as provided in subsection B of this section, if the child has been
removed from the home, the court shall order the department to make reasonable efforts to
provide services to the child and the child's parent.
B. The court shall consider the following factors and reunification services are
not required to be provided if the court finds by clear and convincing evidence that:
1. One or more of the following aggravating circumstances exist:
(a) A party to the action provides a verified affidavit that states that a
reasonably diligent search has failed to identify and locate the parent within three
months after the filing of the dependency petition or the parent has expressed no
interest in reunification with the child for at least three months after the filing of
the dependency petition.
(b) The parent or guardian is suffering from a mental illness or mental deficiency
of such magnitude that it renders the parent or guardian incapable of benefitting from
the reunification services. This finding shall be based on competent evidence from a
psychologist or physician that establishes that, even with the provision of reunification
services, the parent or guardian is unlikely to be capable of adequately caring for the
child within twelve months after the date of the child's removal from the home.
(c) The child previously has been removed and adjudicated dependent due to physical
or sexual abuse. After the adjudication the child was returned to the custody of the
parent or guardian and then subsequently removed within eighteen months due to additional
physical or sexual abuse.
(d) A child is the victim of serious physical or emotional injury by the parent or
guardian or by any person known by the parent or guardian, if the parent or guardian knew
or reasonably should have known that the person was abusing the child.
(e) The parent's rights to another child have been terminated, the parent has not
successfully addressed the issues that led to the termination and the parent is unable to
discharge parental responsibilities.
(f) After a finding that a child is dependent, all of the following are true:
(i) A child has been removed from the parent or guardian on at least two previous
occasions.
(ii) Reunification services were offered or provided to the parent or guardian
after the removal.
(iii) The parent or guardian is unable to discharge parental responsibilities.
2. The parent or guardian of a child has been convicted of murder or manslaughter
of a child, or of sexual abuse, sexual assault of a child, sexual conduct with a minor,
molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of
a minor, or luring a minor for sexual exploitation.
3. The parent or guardian of a child has been convicted of aiding or abetting or
attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of
this subsection.
8-847 Periodic review hearings A. After the disposition hearing, the court shall hold periodic review hearings at least once every six months as required by federal law. B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding: 1. The authorized agency charged with the child's care and custody. 2. Any foster parents in whose home the child resided within the last six months or resides at present, except for those foster parents who maintain a receiving foster home where the child has resided for thirty days or less. The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute. 3. A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than thirty days. The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph. 4. The child's parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in section 8-107. 5. The child, if twelve years of age or older. 6. The child's relative, as defined in section 8-501, if that relative files a written notice of right of participation with the court. 7. A person permitted by the court to intervene as a party in the dependency proceeding. 8. A physical custodian of the child within the preceding six months. 9. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement. 10. Any other person as the court may direct. C. At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern. 8-861 Return of child
After the temporary custody hearing, on request of a parent or guardian the court
shall order that the child be returned to the child's parent or guardian if the court
finds by a preponderance of the evidence that the return of the child would not create a
substantial risk of harm to the child's physical, mental or emotional health or safety.
The court shall consider the failure of the parent or guardian to comply with the terms
of the case plan as evidence that return of the child would create a substantial risk of
harm to the child.
8-862 Permanency hearing
A. The court shall hold a permanency hearing to determine the future permanent
legal status of the child:
1. Within thirty days after the disposition hearing if the court does not order
reunification services.
2. In all other cases, within twelve months after the child is removed from the
child's home. The court shall not continue the permanency hearing beyond twelve months
after the child is removed from the child's home unless the party who is seeking the
continuance shows that the determination prescribed in section 8-829, subsection A,
paragraph 3 has been made or will be made within the time prescribed in that paragraph.
B. At the permanency hearing, the court shall determine:
1. Whether termination of parental rights, adoption, permanent guardianship
pursuant to section 8-872 or some other permanent legal status is the most appropriate
plan for the child and shall order the plan to be accomplished within a specified period
of time.
2. Whether reasonable efforts have been made to finalize the permanency plan in
effect.
C. If the court determines that the child should remain in out-of-home
placement longer than eighteen months from the date of the permanency order, the court
shall conduct a review of the order at least once each year. After reviewing the order,
the court may reaffirm the order or direct other disposition of the child.
D. If the court determines that the termination of parental rights is clearly in
the best interests of the child, the court shall:
1. Order the department or the child's attorney or guardian ad litem to file within
ten days after the permanency hearing a motion alleging one or more of the grounds
prescribed in section 8-533 for termination of parental rights. The party who files the
motion has the burden of presenting evidence at the termination hearing to prove the
allegations in the motion.
2. Set a date for an initial hearing on the motion for termination of parental
rights within thirty days after the permanency hearing. If the termination is contested
at the initial hearing, the court shall set a date for the trial on termination of
parental rights within ninety days after the permanency hearing.
E. If the court determines that permanent guardianship is clearly in the best
interests of the child, the court shall:
1. Order the department or the child's attorney or guardian ad litem to file within
ten days after the permanency hearing a motion alleging the grounds prescribed in section
8-871 for permanent guardianship. The party who files the motion has the burden of
presenting evidence at the hearing to prove the allegations in the motion.
2. Set a date for an initial hearing on the motion for permanent guardianship
within thirty days after the permanency hearing. If the permanent guardianship is
contested at the initial hearing, the court shall set a date for the trial on the
permanent guardianship within ninety days after the permanency hearing.
8-863 Hearing to terminate parental rights;notice; grounds
(L03, 2ss, ch 6, sec 33. Eff. 1/1/07)
A. At least ten days before the initial hearing on the termination of parental
rights pursuant to this article, the party who is responsible for filing a motion
pursuant to section 8-862, subsection D shall serve the motion on all parties as
prescribed in rule 5(c) of the ARIZONA rules of civil procedure, including any person who
has filed a petition to adopt or who has physical custody pursuant to a court order in a
foster-adoptive placement.
B. The court may terminate the parental rights of a parent if the court finds by
clear and convincing evidence one or more of the grounds prescribed in section 8-533.
C. If a parent does not appear at the hearing, the court, after determining that
the parent has been served as provided in subsection A of this section, 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.
D. Sections 8-538 and 8-539 apply to orders of termination issued pursuant to this
section.
8-863 Hearing to terminate parental rights;notice; grounds
(L03, 2ss, ch 6, sec 32)
A. At least ten days before the initial hearing on the termination of parental
rights pursuant to this article, the party who is responsible for filing a motion
pursuant to section 8-862, subsection D shall serve the motion on all parties as
prescribed in rule 5(c) of the ARIZONA rules of civil procedure, including any person who
has filed a petition to adopt or who has physical custody pursuant to a court order in a
foster-adoptive placement.
B. The court or jury may terminate the parental rights of a parent if the court or
jury finds by clear and convincing evidence one or more of the grounds prescribed in
section 8-533.
C. If a parent does not appear at the hearing, the court, after determining that
the parent has been served as provided in subsection A of this section, 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.
D. Sections 8-538 and 8-539 apply to orders of termination issued pursuant to this
section.
8-864 Timing of motions and hearings;consolidation of hearings
Notwithstanding any other statute, the court may order or permit the filing of a
motion for termination or permanent guardianship before the permanency hearing is held,
consolidate hearings or provide for a different order of hearings if:
1. The permanency hearing is held no later than the time prescribed in section
8-862, subsection A.
2. The termination hearing is held no later than the time prescribed in section
8-862, subsection D, paragraph 2.
3. The permanent guardianship hearing is held no later than the time prescribed in
section 8-862, subsection E, paragraph 2.
8-871 Permanent guardianship of a child
A. The court may establish a permanent guardianship between a child and the
guardian if the prospective guardianship is in the child's best interests and all of the
following apply:
1. The child has been adjudicated a dependent child.
2. The child has been in the custody of the prospective permanent guardian for at
least nine months as a dependent child. The court may waive this requirement for good
cause.
3. If the child is in the custody of the division or agency, the division or agency
has made reasonable efforts to reunite the parent and child and further efforts would be
unproductive. The court may waive this requirement if it finds that reunification
efforts are not required by law or if reunification of the parent and child is not in the
child's best interests because the parent is unwilling or unable to properly care for the
child.
4. The likelihood that the child would be adopted is remote or termination of
parental rights would not be in the child's best interests.
B. The court may consider any adult, including a relative or foster parent, as a
permanent guardian. An agency or institution may not be a permanent guardian. The court
shall appoint a person nominated by the child if the child is fourteen or more years of
age, unless the court finds that the appointment would not be in the child's best
interests.
C. In proceedings for permanent guardianship, the court shall give primary
consideration to the physical, mental and emotional needs of the child.
D. Unless otherwise set forth in the final order of permanent guardianship, a
permanent guardian is vested with all of the rights and responsibilities set forth in
section 14-5209 relating to the powers and duties of a guardian of a minor, other than
those rights and responsibilities of the birth or adoptive parent, if any, that are set
forth in the decree of permanent guardianship.
E. The division or agency shall not be responsible for requirements pursuant to
subsection A, paragraph 3 of this section for a petition concerning a child not in the
care, custody and control of the division or agency.
8-872 Permanent guardianship; procedure
A. Any party to a dependency proceeding may file a motion for permanent
guardianship. The motion shall be verified by the person who files the motion and shall
include the following:
1. The name, sex, residence and date and place of birth of the child.
2. The facts and circumstances supporting the grounds for permanent guardianship.
3. The name and address of the prospective guardian and a statement that the
prospective guardian agrees to accept the duties and responsibilities of guardianship.
4. The basis for the court's jurisdiction.
5. The relationship of the child to the prospective guardian.
6. Whether the child is subject to the federal Indian child welfare act of 1978
(P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963) and if so:
(a) The tribal affiliations of the child's parents.
(b) The specific actions the person who files the motion has taken to notify the
parents' tribes and the results of those contacts, including the names, addresses, titles
and telephone numbers of the persons contacted. The person shall attach to the motion as
exhibits any correspondence with the tribes.
(c) The specific efforts that were made to comply with the placement preferences
under the federal Indian child welfare act of 1978 or the placement preferences of the
appropriate Indian tribes.
7. The name, address, marital status and date of birth of the birth parents, if
known.
B. The person who files the motion shall serve notice of the hearing and a copy of
the motion on all parties as prescribed in rule 5(c) of the ARIZONA rules of civil
procedure, including any person who has filed a petition to adopt or who has physical
custody pursuant to a court order in a foster-adoptive placement. In addition to the
requirements of rule 5(c) of the ARIZONA rules of civil procedure, the notice shall be
sent by registered mail, return receipt requested, to any parent, Indian custodian and
tribe of an Indian child as defined by the federal Indian child welfare act of 1978 (25
United States Code section 1903).
C. The person who files the motion shall provide a copy of the notice of hearing to
the following persons if the person has not been served pursuant to subsection B of this
section:
1. The child's current physical custodian.
2. Any foster parent with whom the child has resided within six months before the
date of the hearing.
3. The prospective guardian if the guardian is not the current physical custodian.
4. Any other person the court orders to be provided notice.
D. In a proceeding for permanent guardianship, on the request of a parent, the
court shall appoint counsel for any parent found to be indigent if the parent is not
already represented by counsel. The court may also appoint one for the child if a
guardian ad litem has not already been appointed.
E. Before a final hearing, the division, the agency or a person designated as an
officer of the court shall conduct an investigation addressing the factors set forth in
section 8-871, whether the prospective permanent guardian or guardians are fit and proper
persons to become permanent guardians and whether the best interests of the child would
be served by granting the permanent guardianship. The findings of this investigation
shall be set forth in a written report provided to the court and all parties before the
hearing. The court may require additional investigation if it finds that the welfare of
the child will be served or if additional information is necessary to make an appropriate
decision regarding the permanent guardianship. The court may charge a reasonable fee for
this investigation pursuant to section 8-133, if performed by an officer of the court.
F. The person who files the motion has the burden of proof by clear and convincing
evidence. In any proceeding involving a child who is subject to the federal Indian child
welfare act of 1978, the person who files the motion has the burden of proof by beyond a
reasonable doubt.
G. A court order vesting permanent guardianship with an individual divests the
birth or adoptive parent of legal custody of or guardianship for the child but does not
terminate the parent's rights. A court order for permanent guardianship does not affect
the child's inheritance rights from and through the child's birth or adoptive parents.
H. On finding that grounds exist for a permanent guardianship, the court may
incorporate into the final order provisions for visitation with the natural parents,
siblings or other relatives of the child if this order would be in the child's best
interests and any other provision that is necessary to rehabilitate the child or to
provide for the child's continuing safety and well-being. The court may order a parent
to contribute to the support of the child to the extent it finds the parent is able.
I. On the entry of the order establishing a permanent guardianship, the dependency
action shall be dismissed. If the child was in the legal custody of the division during
the dependency, the court may order the division to conduct the investigation and prepare
the report for the first report and review hearing. The court shall retain jurisdiction
to enforce its final order of permanent guardianship. The court shall cause a report and
review to be held within one year following the entry of the final order and may set such
other and further proceedings as may be in the best interests of the child. Before a
report and review hearing, the court may cause an investigation to be conducted of the
facts and circumstances surrounding the welfare and best interests of the child and a
written report to be filed with the court. The court may charge a reasonable fee for
this investigation pursuant to section 8-133, if performed by an officer of the court.
J. The division or agency shall not be responsible for the requirements pursuant to
subsections E, H and I of this section for a motion concerning a child not in the care,
custody and control of the division or agency.
8-873 Revocation of permanentguardianship
A. The child, a parent of the child or any party to the dependency proceeding may
file a petition for the revocation of an order granting permanent guardianship if there
is a significant change of circumstances, including:
1. The child's parent is able and willing to properly care for the child.
2. The child's permanent guardian is unable to properly care for the child.
B. The court shall appoint a guardian ad litem for the child in any proceeding for
the revocation of permanent guardianship.
C. The court may revoke the order granting permanent guardianship if the party
petitioning for revocation proves a change of circumstances by clear and convincing
evidence and the revocation is in the child's best interest.
8-881 Coordination of substance abusetreatment; contracting for services; joint substance abuse treatmentfund
A. The department of economic security in partnership with the department of health
services as joint administrators of the joint substance abuse treatment fund shall
coordinate the provision of services to:
1. Parents, guardians or custodians whose substance abuse is a significant barrier
to maintaining, preserving or reunifying the family.
2. Recipients of temporary assistance for needy families whose substance abuse is a
significant barrier to maintaining or obtaining employment.
B. This coordination effort shall include all of the following:
1. The development of programs in communities for the provision of services to
qualified persons who suffer from substance abuse.
2. The requirements for contractors who provide services in communities for
qualified persons who suffer from substance abuse.
3. The method of evaluating community programs.
C. The department of economic security may contract for services prescribed in this
article.
D. The joint substance abuse treatment fund is established. The director of the
department of economic security and the director of the department of health services
shall jointly administer the fund. Monies in the fund are continuously appropriated for
the purposes prescribed in this article and are exempt from the provisions of section
35-190 relating to the lapsing of appropriations. Of the fund monies, the directors shall
not use more than:
1. Five per cent for program development costs.
2. Ten per cent for evaluation of community programs pursuant to section 8-884.
8-882 Program development
In assisting development of community programs, the department of economic security
in partnership with the department of health services as joint administrators of the fund
shall consider the following issues:
1. The determination of eligibility and a screening process to identify:
(a) A parent, guardian or custodian of a child who is named in a report to child
protective services as a victim of abuse or neglect and whose substance abuse is a
significant barrier to maintaining, preserving or reunifying the family.
(b) A person whose substance abuse is a significant barrier to maintaining or
obtaining employment if the person is receiving cash assistance pursuant to title 46,
chapter 2, article 5.
2. Training and technical assistance to be provided to communities for the
development and provision of the programs.
3. Collaboration among and integration with public and private agencies, programs,
service providers, advocates and consumers.
4. Coordination and integration of funding sources to meet prevention, treatment
and other service needs.
5. The scope of services to be provided that are family centered and that fit
within the following categories:
(a) Substance abuse screening and assessment.
(b) Treatment referral.
(c) Treatment services.
(d) Aftercare.
(e) Service coordination.
(f) Other services necessary to achieve the outcome goals identified in section
8-884.
6. Procedures for sharing information to assure the well-being of a child and the
person being treated while maintaining confidentiality as otherwise prescribed by
statute. These procedures shall include requirements for treatment providers to keep any
court timely informed of the nature and status of treatment for a parent, guardian or
custodian of a child who is the subject of a dependency action before the court.
8-883 Requirements for contractors
In developing The requirements for contractors who provide prevention and treatment
of substance abuse in communities, the department of economic security in partnership
with the department of health services as joint administrators of the fund shall:
1. Prescribe that contractors shall develop and implement the program through
collaboration with representatives of the community served so that services are provided
in a comprehensive and integrated manner that is responsive to cultural, demographic and
geographic diversity.
2. Require contractors to specify what outcomes they are addressing, consistent
with the requirements prescribed in section 8-884, and how these outcomes will be
achieved.
3. Require contractors to cooperate with the evaluation prescribed in section
8-884.
4. Prescribe any other requirements necessary to meet the outcome goals identified
in section 8-884.
8-884 Evaluation of community programs
A. In developing the method of evaluating community substance abuse prevention and
treatment programs, the department of economic security in partnership with the
department of health services as joint administrators of the fund shall prescribe
evaluation factors that are consistent with the following outcome goals:
1. Increase the availability, timeliness and accessibility of substance abuse
treatment to improve child safety, family stability and permanency for children in foster
care or other out-of-home placement, with a preference for reunification with a child's
birth family.
2. Increase the availability, timeliness and accessibility of substance abuse
treatment to persons receiving temporary assistance for needy families to achieve
self-sufficiency through employment.
3. Increase the availability, timeliness and accessibility of substance abuse
treatment to promote recovery from alcohol and drug problems.
B. The department of economic security shall retain a person to evaluate the
performance of the contractor for each community program according to the factors
developed pursuant to subsection A. The person shall report at least every three months
to the department and each contractor on the performance of each contractor. Annually by
November 1, the person shall prepare and deliver to the legislature a statewide report
concerning the prior fiscal year.
8-891 In-home intervention
A. After the filing of a dependency petition, the court may order in-home
intervention if all of the following are true:
1. The child has not been removed pursuant to article 2 of this chapter.
2. In-home intervention appears likely to resolve the risk issues described in
paragraph 4.
3. The parent, guardian or custodian agrees to a case plan and participation in
services.
4. One of the following conditions exist:
(a) The child is at risk of harm due to the inability or unwillingness of the
parent, guardian or custodian to provide food, clothing, shelter or medical care.
(b) The parent, guardian or custodian is unable to provide proper care, control and
supervision of the child.
B. The in-home intervention order may include a training or treatment plan for the
parent, guardian or custodian and the child.
C. The in-home intervention shall include a specific time for completion of the
in-home intervention, which shall not exceed one year without review and approval by the
court. The court shall dismiss the dependency petition if the specific time for
completion of the in-home intervention has expired without being extended by the court
and a dependency adjudication hearing has not been set as provided in section 8-892. 8-892 Compliance
If the parent, guardian or custodian violates the in-home intervention order, the
court may take whatever steps it deems necessary to obtain compliance or may rescind the
order and set the dependency adjudication hearing as provided in sections 8-842 and
8-843.
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