Arizona 2023 Regular Session

Arizona Senate Bill SB1205 Compare Versions

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1-Senate Engrossed foster children; education; best interest State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 CHAPTER 117 SENATE BILL 1205 An Act amending section 8-526, Arizona Revised Statutes; amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding sections 8-530.04 and 8-530.05; relating to foster children. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+Senate Engrossed foster children; education; best interest State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SENATE BILL 1205 An Act amending section 8-526, Arizona Revised Statutes; amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding sections 8-530.04 and 8-530.05; relating to foster children. (TEXT OF BILL BEGINS ON NEXT PAGE)
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810 State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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5051 An Act
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5455 amending section 8-526, Arizona Revised Statutes; amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding sections 8-530.04 and 8-530.05; relating to foster children.
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6465 Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-526, Arizona Revised Statutes, is amended to read: START_STATUTE8-526. Child welfare; reporting requirements A. The department shall make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and that is conducive to analysis. B. The department shall make available the following information on a semiannual basis by September 30 for the period ending the prior June 30 and by March 31 for the period ending the prior December 31: 1. Success in meeting training requirements. 2. Caseloads for child safety workers. 3. The number of new reports and reports that have been closed. 4. The number of case-carrying caseworkers in each region. 5. The number of investigations by region. 6. The number of children being served in-home and the number of children being served out-of-home by each region. 7. The total number of reports received, by major category and by priority. 8. The number of reports not responded to, by priority, by county and statewide. 9. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods. 10. The number of reports for investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in: (a) A substantiated report. (b) A report currently proposed for substantiation. (c) An unsubstantiated report. 11. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods. 12. Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide. 13. The number of newborn infants delivered to safe haven providers pursuant to section 13-3623.01. 14. The number of children entering out-of-home care by county during the reporting period, and the number and percentage of the children entering out-of-home care by county during the reporting period who are voluntary placements for children under eighteen years of age. 15. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care: (a) Within the previous twelve months. (b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph. 16. The number and percentage of children who have remained in a shelter or receiving home for more than twenty-one consecutive days, by the child's age group. 17. The total number of licensed foster homes, the number of licensed foster homes considered kinship homes, the number of licensed community foster homes and the number of available spaces in licensed community foster homes. 18. The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8-516. 19. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8-516. 20. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out-of-home placement and as categorized by: (a) Age. (b) Ethnicity. (c) Case plan goal. (d) Type of out-of-home placement, categorized by age. (e) Length of time in out-of-home placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of out-of-home placements. (f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status. 21. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers. 22. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by: (a) Age. (b) Ethnicity. (c) Number of placements. (d) Average length of time in care. 23. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide. 24. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Average length of time in care. (d) Legal status. 25. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Average length of time in out-of-home placement. (d) Length of time from change of case plan goal to adoptive placement. (e) Legal status. (f) Marital status and relationship of the adoptive parent or parents to the child. 26. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) Cause of the disruption. (d) Marital status and relationship of the adoptive parent or parents to the child. 27. The number of children whose adoptions were finalized during the reporting period and as categorized by: (a) Average length of time in out-of-home placement before adoptive placement. (b) Average length of time in adoptive placement before the final order of adoption. (c) Marital status and relationship of the adoptive parent or parents to the child. 28. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by: (a) The cause of death. (b) The type of out-of-home placement at the time of death. 29. The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows: (a) Biological parent or parents. (b) Other family member. (c) Adoptive parent or parents. (d) Foster care parent or parents. (e) Other out-of-home care provider. 30. The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 29 of this subsection. 31. The ratio of supervisors to specialists by region. 32. The source and use of federal monies in the department. 33. The source and use of state monies in the department. 34. INFORMATION REGARDING THE EDUCATIONAL PLACEMENT OF FOSTER CHILDREN PURSUANT TO SECTION 8-530.04, INCLUDING: (a) THE NUMBER OF BEST INTEREST EDUCATIONAL PLACEMENT DETERMINATIONS CONDUCTED. (b) THE NUMBER OF CHILDREN WHO ENTERED FOSTER CARE AND WHO DID NOT RECEIVE A BEST INTEREST EDUCATIONAL PLACEMENT DETERMINATION. (c) THE FINAL OUTCOME OF EACH BEST INTEREST EDUCATIONAL PLACEMENT DETERMINATION. C. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children. D. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state. E. The department shall make available the following information on an annual basis: 1. The percentage of substantiations upheld by the office of administrative hearings. 2. The demographics and number of children placed with relative caregivers. 3. The demographics of kinship foster caregivers. 4. The number of relative children per kinship foster care family. 5. The department's success at maintaining kinship foster care placements. 6. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers. 7. The cost of services provided to kinship foster caregivers compared to the cost of out-of-home placements. 8. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year. 9. The total amount of money spent on the housing assistance program by region. 10. A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided. 11. The number of children in the independent living program by age, county and education status. 12. Beginning with the 2022 data period, the statewide number of children in substantiated reports for investigation that are received in the twelve months before the current annual reporting period and that allege neglect as defined in section 8-201, paragraph 25, subsection subdivision (c) and the number of children in these reports who were: (a) Removed within thirty days after the date the report is received. (b) Removed within six months after the date the report is received. F. The department shall make available the following information on a monthly basis: 1. Operations and workforce data measures that include: (a) Staff vacancy levels by position category and turnover. (b) New hires, separations, turnover and voluntary attrition delineated by field position, safety specialists, hotline staff, caseworkers in training, program, program supervisors, case aides, office of child welfare investigations staff and administrative staff. (c) Hotline performance. (d) Reports received by maltreatment type, priority and response time. (e) Inactive cases by disposition. (f) Open reports. (g) Entries and exits from the foster care population by exit type. (h) Support service provision. (i) Demographics, placement types and case plan goals of the foster care population. (j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit. 2. Financial data that compares total expenditures each month and year-to-date as compared to prior year totals, appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source. G. The department shall make the information required pursuant to subsection F of this section available within sixty days after the end of the applicable reporting period. H. The department shall notify the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting when an update is made on information that must be made available pursuant to subsection B or F of this section. END_STATUTE Sec. 2. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding sections 8-530.04 and 8-530.05, to read: START_STATUTE8-530.04. Educational placement; best interest of child; transportation A. Within five days after a child enters foster care or if a child's placement changes, THE CHILD, IF APPROPRIATE, the child's caseworker, the child's PARENT, GUARDIAN, CUSTODIAN, CAREGIVER OR FOSTER PARENT AND representatives from THE LOCAL EDUCATION AGENCY OR the child's school of origin shall determine IF IT IS IN THE CHILD'S BEST INTEREST TO REMAIN IN THE child's SCHOOL OF ORIGIN. The decision SHALL BE BASED ON ALL FACTORS RELATING TO THE CHILD'S BEST INTEREST, INCLUDING CONSIDERATION OF THE CHILD'S unique EDUCATIONAL needs, APPROPRIATENESS OF THE CURRENT EDUCATIONAL SETTING AND THE PROXIMITY TO THE SCHOOL IN WHICH THE CHILD IS ENROLLED AT THE TIME OF PLACEMENT. The DEPARTMENT shall ensure transportation for the child during the best interest educational placement determination process. IF IT IS DETERMINED THAT THE SCHOOL OF ORIGIN IS NOT IN THE BEST INTEREST OF THE CHILD, THE NEW EDUCATIONAL INSTITUTION SHALL BE INCLUDED IN THE DETERMINATION PROCESS. B. Within two days after it is determined that a change of educational placement is in the best interest of the child, the new educational institution shall enroll the child and the child's school of origin shall transfer the child's education records to the child's new educational institution within two days after notice of the child's change in educational placement. A child shall be immediately enrolled in the new educational institution even if the child does not possess the records normally REQUIRED for enrollment in the child's new educational institution or owes any outstanding fines or fees to the school of origin. c. The department and educational agency shall jointly ensure that a child receives transportation to the educational institution determined to be in the child's best interest, including a charter school or educational institution located outside of the child's current school DISTRICT. IN ENSURING A CHILD RECEIVES TRANSPORTATION TO THE EDUCATIONAL INSTITUTION DETERMINED TO BE IN THE CHILD'S BEST INTEREST, THE DEPARTMENT MAY COORDINATE WITH THE DEPARTMENT OF EDUCATION AND LOCAL EDUCATION AGENCIES AND ENTER INTO NECESSARY INFORMATION SHARING, DATA SHARING AND FINANCIAL AGREEMENTS. A school district may cross school district boundaries when transporting a student pursuant to this section. The department or educational agency may provide financial assistance to the child's caregiver or other approved adult for transportation if the department and the child's new educational institution are unable to transport the child. END_STATUTE START_STATUTE8-530.05. Transportation; dispute resolution A. THE DEPARTMENT of child safety and THE DEPARTMENT OF EDUCATION SHALL ADOPT A CLEAR, WRITTEN ARBITRATION PROCESS FOR PROMPT RESOLUTION OF DISPUTES BETWEEN THE DEPARTMENT of child safety, LOCAL EDUCATIONal AGENCIES AND THE DEPARTMENT OF EDUCATION REGARDING THE ARRANGEMENT for AND FUNDING OF a child's TRANSPORTATION TO A SCHOOL DETERMINED TO BE IN THE BEST INTEREST OF THE CHILD PURSUANT TO SECTION 8-530.04. b. THE ARBITRATION PROCESS SHALL INCLUDE PROVISIONS TO ENSURE TRANSPORTATION TO THE SCHOOL OF ORIGIN OR CURRENT educational PLACEMENT IF A PRIOR BEST INTEREST DETERMINATION HAS BEEN MADE UnTIL THE DISPUTE IS RESOLVED. C. a DECISION RESOLVING A DISPUTE PURSUANT TO THIS SECTION SHALL BE made WITHIN TEN BUSINESS DAYS after RECEIPT OF THE DISPUTE. END_STATUTE
6566
6667 Be it enacted by the Legislature of the State of Arizona:
6768
6869 Section 1. Section 8-526, Arizona Revised Statutes, is amended to read:
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7071 START_STATUTE8-526. Child welfare; reporting requirements
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7273 A. The department shall make available program and outcomes data on its website as provided in this section, in a format that can be downloaded and that is conducive to analysis.
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7475 B. The department shall make available the following information on a semiannual basis by September 30 for the period ending the prior June 30 and by March 31 for the period ending the prior December 31:
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7677 1. Success in meeting training requirements.
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7879 2. Caseloads for child safety workers.
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8081 3. The number of new reports and reports that have been closed.
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8283 4. The number of case-carrying caseworkers in each region.
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8485 5. The number of investigations by region.
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8687 6. The number of children being served in-home and the number of children being served out-of-home by each region.
8788
8889 7. The total number of reports received, by major category and by priority.
8990
9091 8. The number of reports not responded to, by priority, by county and statewide.
9192
9293 9. The number of reports assigned for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
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9495 10. The number of reports for investigations completed by priority and by major category, by county and statewide for the current and previous reporting periods and as categorized by investigations that resulted in:
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9697 (a) A substantiated report.
9798
9899 (b) A report currently proposed for substantiation.
99100
100101 (c) An unsubstantiated report.
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102103 11. The number of reports assigned for investigation that remain open for investigation by priority and by major category, by county and statewide for the current and previous reporting periods.
103104
104105 12. Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide.
105106
106107 13. The number of newborn infants delivered to safe haven providers pursuant to section 13-3623.01.
107108
108109 14. The number of children entering out-of-home care by county during the reporting period, and the number and percentage of the children entering out-of-home care by county during the reporting period who are voluntary placements for children under eighteen years of age.
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110111 15. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care:
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112113 (a) Within the previous twelve months.
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114115 (b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph.
115116
116117 16. The number and percentage of children who have remained in a shelter or receiving home for more than twenty-one consecutive days, by the child's age group.
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118119 17. The total number of licensed foster homes, the number of licensed foster homes considered kinship homes, the number of licensed community foster homes and the number of available spaces in licensed community foster homes.
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120121 18. The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8-516.
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122123 19. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8-516.
123124
124125 20. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out-of-home placement and as categorized by:
125126
126127 (a) Age.
127128
128129 (b) Ethnicity.
129130
130131 (c) Case plan goal.
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132133 (d) Type of out-of-home placement, categorized by age.
133134
134135 (e) Length of time in out-of-home placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months, including the median, average and range of the number of out-of-home placements.
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136137 (f) Primary legal status including voluntary placement for a child under eighteen years of age, temporary custody, adjudicated dependent, free for adoption, voluntary placement for a child over eighteen years of age, dually adjudicated or any other legal status.
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138139 21. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.
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140141 22. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by:
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142143 (a) Age.
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144145 (b) Ethnicity.
145146
146147 (c) Number of placements.
147148
148149 (d) Average length of time in care.
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150151 23. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.
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152153 24. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by:
153154
154155 (a) Age.
155156
156157 (b) Ethnicity.
157158
158159 (c) Average length of time in care.
159160
160161 (d) Legal status.
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162163 25. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by:
163164
164165 (a) Age.
165166
166167 (b) Ethnicity.
167168
168169 (c) Average length of time in out-of-home placement.
169170
170171 (d) Length of time from change of case plan goal to adoptive placement.
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172173 (e) Legal status.
173174
174175 (f) Marital status and relationship of the adoptive parent or parents to the child.
175176
176177 26. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:
177178
178179 (a) Age.
179180
180181 (b) Ethnicity.
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182183 (c) Cause of the disruption.
183184
184185 (d) Marital status and relationship of the adoptive parent or parents to the child.
185186
186187 27. The number of children whose adoptions were finalized during the reporting period and as categorized by:
187188
188189 (a) Average length of time in out-of-home placement before adoptive placement.
189190
190191 (b) Average length of time in adoptive placement before the final order of adoption.
191192
192193 (c) Marital status and relationship of the adoptive parent or parents to the child.
193194
194195 28. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:
195196
196197 (a) The cause of death.
197198
198199 (b) The type of out-of-home placement at the time of death.
199200
200201 29. The number of children with an open or active child safety services case who died due to abuse, categorized by the person or persons who had care or custody of the child at the time of the child's death as follows:
201202
202203 (a) Biological parent or parents.
203204
204205 (b) Other family member.
205206
206207 (c) Adoptive parent or parents.
207208
208209 (d) Foster care parent or parents.
209210
210211 (e) Other out-of-home care provider.
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212213 30. The number of children with an open or active child safety services case who died due to abuse allegedly caused by an adult household member who is not listed pursuant to paragraph 29 of this subsection.
213214
214215 31. The ratio of supervisors to specialists by region.
215216
216217 32. The source and use of federal monies in the department.
217218
218219 33. The source and use of state monies in the department.
219220
220221 34. INFORMATION REGARDING THE EDUCATIONAL PLACEMENT OF FOSTER CHILDREN PURSUANT TO SECTION 8-530.04, INCLUDING:
221222
222223 (a) THE NUMBER OF BEST INTEREST EDUCATIONAL PLACEMENT DETERMINATIONS CONDUCTED.
223224
224225 (b) THE NUMBER OF CHILDREN WHO ENTERED FOSTER CARE AND WHO DID NOT RECEIVE A BEST INTEREST EDUCATIONAL PLACEMENT DETERMINATION.
225226
226227 (c) THE FINAL OUTCOME OF EACH BEST INTEREST EDUCATIONAL PLACEMENT DETERMINATION.
227228
228229 C. Based on the data presented in each reporting period, the department, in as brief a format as possible, shall describe three to five major challenges the department faces in achieving the goal of safe, permanent homes for abused and neglected children.
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230231 D. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state.
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232233 E. The department shall make available the following information on an annual basis:
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234235 1. The percentage of substantiations upheld by the office of administrative hearings.
235236
236237 2. The demographics and number of children placed with relative caregivers.
237238
238239 3. The demographics of kinship foster caregivers.
239240
240241 4. The number of relative children per kinship foster care family.
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242243 5. The department's success at maintaining kinship foster care placements.
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244245 6. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers.
245246
246247 7. The cost of services provided to kinship foster caregivers compared to the cost of out-of-home placements.
247248
248249 8. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year.
249250
250251 9. The total amount of money spent on the housing assistance program by region.
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252253 10. A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided.
253254
254255 11. The number of children in the independent living program by age, county and education status.
255256
256257 12. Beginning with the 2022 data period, the statewide number of children in substantiated reports for investigation that are received in the twelve months before the current annual reporting period and that allege neglect as defined in section 8-201, paragraph 25, subsection subdivision (c) and the number of children in these reports who were:
257258
258259 (a) Removed within thirty days after the date the report is received.
259260
260261 (b) Removed within six months after the date the report is received.
261262
262263 F. The department shall make available the following information on a monthly basis:
263264
264265 1. Operations and workforce data measures that include:
265266
266267 (a) Staff vacancy levels by position category and turnover.
267268
268269 (b) New hires, separations, turnover and voluntary attrition delineated by field position, safety specialists, hotline staff, caseworkers in training, program, program supervisors, case aides, office of child welfare investigations staff and administrative staff.
269270
270271 (c) Hotline performance.
271272
272273 (d) Reports received by maltreatment type, priority and response time.
273274
274275 (e) Inactive cases by disposition.
275276
276277 (f) Open reports.
277278
278279 (g) Entries and exits from the foster care population by exit type.
279280
280281 (h) Support service provision.
281282
282283 (i) Demographics, placement types and case plan goals of the foster care population.
283284
284285 (j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit.
285286
286287 2. Financial data that compares total expenditures each month and year-to-date as compared to prior year totals, appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source.
287288
288289 G. The department shall make the information required pursuant to subsection F of this section available within sixty days after the end of the applicable reporting period.
289290
290291 H. The department shall notify the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting when an update is made on information that must be made available pursuant to subsection B or F of this section. END_STATUTE
291292
292293 Sec. 2. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding sections 8-530.04 and 8-530.05, to read:
293294
294295 START_STATUTE8-530.04. Educational placement; best interest of child; transportation
295296
296297 A. Within five days after a child enters foster care or if a child's placement changes, THE CHILD, IF APPROPRIATE, the child's caseworker, the child's PARENT, GUARDIAN, CUSTODIAN, CAREGIVER OR FOSTER PARENT AND representatives from THE LOCAL EDUCATION AGENCY OR the child's school of origin shall determine IF IT IS IN THE CHILD'S BEST INTEREST TO REMAIN IN THE child's SCHOOL OF ORIGIN. The decision SHALL BE BASED ON ALL FACTORS RELATING TO THE CHILD'S BEST INTEREST, INCLUDING CONSIDERATION OF THE CHILD'S unique EDUCATIONAL needs, APPROPRIATENESS OF THE CURRENT EDUCATIONAL SETTING AND THE PROXIMITY TO THE SCHOOL IN WHICH THE CHILD IS ENROLLED AT THE TIME OF PLACEMENT. The DEPARTMENT shall ensure transportation for the child during the best interest educational placement determination process. IF IT IS DETERMINED THAT THE SCHOOL OF ORIGIN IS NOT IN THE BEST INTEREST OF THE CHILD, THE NEW EDUCATIONAL INSTITUTION SHALL BE INCLUDED IN THE DETERMINATION PROCESS.
297298
298299 B. Within two days after it is determined that a change of educational placement is in the best interest of the child, the new educational institution shall enroll the child and the child's school of origin shall transfer the child's education records to the child's new educational institution within two days after notice of the child's change in educational placement. A child shall be immediately enrolled in the new educational institution even if the child does not possess the records normally REQUIRED for enrollment in the child's new educational institution or owes any outstanding fines or fees to the school of origin.
299300
300301 c. The department and educational agency shall jointly ensure that a child receives transportation to the educational institution determined to be in the child's best interest, including a charter school or educational institution located outside of the child's current school DISTRICT. IN ENSURING A CHILD RECEIVES TRANSPORTATION TO THE EDUCATIONAL INSTITUTION DETERMINED TO BE IN THE CHILD'S BEST INTEREST, THE DEPARTMENT MAY COORDINATE WITH THE DEPARTMENT OF EDUCATION AND LOCAL EDUCATION AGENCIES AND ENTER INTO NECESSARY INFORMATION SHARING, DATA SHARING AND FINANCIAL AGREEMENTS. A school district may cross school district boundaries when transporting a student pursuant to this section. The department or educational agency may provide financial assistance to the child's caregiver or other approved adult for transportation if the department and the child's new educational institution are unable to transport the child. END_STATUTE
301302
302303 START_STATUTE8-530.05. Transportation; dispute resolution
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304305 A. THE DEPARTMENT of child safety and THE DEPARTMENT OF EDUCATION SHALL ADOPT A CLEAR, WRITTEN ARBITRATION PROCESS FOR PROMPT RESOLUTION OF DISPUTES BETWEEN THE DEPARTMENT of child safety, LOCAL EDUCATIONal AGENCIES AND THE DEPARTMENT OF EDUCATION REGARDING THE ARRANGEMENT for AND FUNDING OF a child's TRANSPORTATION TO A SCHOOL DETERMINED TO BE IN THE BEST INTEREST OF THE CHILD PURSUANT TO SECTION 8-530.04.
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306307 b. THE ARBITRATION PROCESS SHALL INCLUDE PROVISIONS TO ENSURE TRANSPORTATION TO THE SCHOOL OF ORIGIN OR CURRENT educational PLACEMENT IF A PRIOR BEST INTEREST DETERMINATION HAS BEEN MADE UnTIL THE DISPUTE IS RESOLVED.
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308309 C. a DECISION RESOLVING A DISPUTE PURSUANT TO THIS SECTION SHALL BE made WITHIN TEN BUSINESS DAYS after RECEIPT OF THE DISPUTE. END_STATUTE
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310- APPROVED BY THE GOVERNOR MAY 8, 2023. FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 9, 2023.
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318-APPROVED BY THE GOVERNOR MAY 8, 2023.
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322-FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 9, 2023.