Arizona 2024 Regular Session

Arizona Senate Bill SB1458 Compare Versions

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1-House Engrossed Senate Bill congregate care; dependent children; procedures State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SENATE BILL 1458 An Act amending section 8-526, Arizona Revised Statutes; amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8-530.06; relating to child welfare and placement. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+Senate Engrossed congregate care; dependent children; procedures State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SENATE BILL 1458 An Act amending section 8-526, Arizona Revised Statutes; amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8-530.06; relating to child welfare and placement. (TEXT OF BILL BEGINS ON NEXT PAGE)
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67- 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) sex. (c) (d) Case plan goal. (d) (e) Type of out-of-home placement, categorized by age and ethnicity. (e) (f) 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) (g) 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. The number and percentage of children who are under twelve years of age, who are in the care, custody and control of the department at the end of the reporting period and who are in a congregate care placement and as categorized by: (a) Age. (b) Ethnicity. (c) sex. (d) Type of congregate care placement. (e) Reason for congregate care placement. (f) Length of time in congregate care 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 congregate care placements. (g) whether the child has a family recruitment plan pursuant to section 8-530.06. 22. The number of requests for director approval for the placement of children who are under twelve years of age and who are in a congregate care setting and the number of requests approved. 21. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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 31 of this subsection. 31. 33. The ratio of supervisors to specialists by region. 32. 34. The source and use of federal monies in the department. 33. 35. The source and use of state monies in the department. 34. 36. 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, 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 section 8-530.06, to read: START_STATUTE8-530.06. Dependent children under twelve years of age congregate care placement; family-like setting; assessment; definitions A. Except for placements in a shelter care facility lasting less than seventy-two hours, excluding saturdays, sundays and holidays, a child may be placed in a congregate care setting only with the prior written approval of the director or, if the director is absent, a designee who reports to the director and who does not have AUTHORITY over the PLACEMENT of children in congregate care settings. The written approval of the director shall document that the placement is required for any of the following reasons: 1. To place the child with the child's siblings. 2. To place the child with a parent who is in the care, custody and control of the department. 3. To address the child's documented exceptional needs, which can be met only by a specifically identified congregate care provider. 4. To complete an evaluation of the child's placement needs. B. Within seventy-two hours of placing a child in a congregate care setting, excluding saturdays, sundays and holidays, and whenever possible before seeking director approval of the placement pursuant to subsection a of this section, the department shall do all of the following: 1. Assemble a family and service team for the child consisting of the following: (a) The child, if developmentally appropriate. (b) The child's attorney, if one has been appointed. (c) Appropriate biological family members, adult relatives and persons with a significant relationship with the child. (d) Appropriate professionals, including medical or mental health providers, teachers or clergy. 2. Initiate efforts to identify adult relatives or persons with a significant relationship with the child as provided in section 8-514.07 for possible placement. 3. Engage the child, if developmentally appropriate, the child's attorney, if one has been appointed, and members of the child's family and service team in making a recommendation for the child's placement in the least restrictive and most appropriate setting consistent with the best interests and special needs of the child. In making the recommendation, the child's family and service team shall: (a) ACKNOWLEDGE THE REQUIREMENT TO MAKE REASONABLE EFFORTS TO PLACE SIBLINGS IN THE SAME PLACEMENT, UNLESS JOINT PLACEMENT WOULD BE CONTRARY TO THE SAFETY OR WELL-BEING OF ANY OF THE SIBLINGS. (b) Acknowledge that a child of a minor parent who is also in the care, custody and control of the department should be placed with the child's parent, unless placement of the child with the child's parent is contrary to the safety or well-being of either the child or the parent. (c) CONSIDER WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN A FAMILY-LIKE SETTING. If the child's FAMILY AND service TEAM RECOMMENDS THAT the CHILD'S NEEDS CAN BE MET THROUGH A FAMILY-LIKE SETTING, BUT AN APPROPRIATE FAMILY-LIKE SETTING IS NOT CURRENTLY IDENTIFIED OR AVAILABLE, THE DEPARTMENT SHALL DOCUMENT IN THE CHILD'S CASE PLAN THAT THE CHILD'S NEEDS COULD BE MET IN A FAMILY-LIKE SETTING IF ONE WERE IDENTIFIED OR AVAILABLE. IF THE child's FAMILY AND service TEAM RECOMMENDS THAT THE CHILD'S NEEDS CANNOT BE MET THROUGH PLACEMENT IN A FAMILY-LIKE SETTING, THE DEPARTMENT SHALL DOCUMENT IN THE CHILD'S CASE PLAN THAT THE CHILD'S NEEDS CANNOT CURRENTLY BE MET THROUGH PLACEMENT IN A FAMILY-LIKE SETTING. (d) RECOMMEND A CONGREGATE CARE SETTING FOR THE CHILD THAT IS THE LEAST RESTRICTIVE AND MOST APPROPRIATE SETTING AVAILABLe, IN CLOSE PROXIMITY TO THE PARENTS' HOME and CONSISTENT WITH THE BEST INTERESTS AND SPECIAL NEEDS OF THE CHILD. IN MAKING THIS RECOMMENDATION, the child's family and service team shall consider ALL OF THE FACTORS LISTED IN SUBDIVISION (f) of this paragraph. (e) Schedule A MEETING OF THE CHILD'S FAMILY AND service TEAM to take place within thirty days TO MEET THE REQUIREMENTS OF SUBSECTION D OF THIS SECTION. (f) WHEN RECOMMENDING THE PLACEMENT OF A CHILD IN A CONGREGATE CARE SETTING, CONSIDER AND DOCUMENT IN THE CASE PLAN HOW THE PLACEMENT SETTING IS ABLE TO: (i) MEET THE DEVELOPMENTAL NEEDS OF THE CHILD. (ii) MEET THE EDUCATIONAL NEEDS OF THE CHILD, INCLUDING MAINTAINING THE CHILD IN THE child's SCHOOL OF ORIGIN. (iii) MEET ANY BEHAVIORAL HEALTH NEEDS OF THE CHILD. (iv) SUPPORT DAILY, MEANINGFUL CONTACT BETWEEN THE CHILD AND THE child's SIBLINGS. (v) SUPPORT THE CHILD'S CONNECTIONS WITH THE child's COMMUNITY OF ORIGIN. 4. WHENEVER POSSIBLE AND DEVELOPMENTALLY APPROPRIATE FOR THE CHILD, CONDUCT A PREPLACEMENT VISIT TO THE CONGREGATE CARE SETTING WITH THE CHILD AND A MEMBER OF THE CHILD'S FAMILY AND service TEAM WHO IS A PERSON KNOWN TO AND TRUSTED BY THE CHILD. 5. DOCUMENT ALL OF THE FOLLOWING: (a) THE PARTICIPANTS IN AND THE DATE, TIME AND LOCATION OF THE CHILD'S FAMILY AND service TEAM MEETING. (b) THE DETERMINATIONS AND RECOMMENDATIONS MADE BY THE CHILD'S FAMILY AND service TEAM, THE REASONS SUPPORTING EACH DETERMINATION AND RECOMMENDATION AND WHETHER ANY MEMBER OF THE CHILD'S FAMILY AND service TEAM WAS NOT IN AGREEMENT WITH A DETERMINATION OR RECOMMENDATION MADE BY THE TEAM. C. Notwithstanding subsection B, paragraph 1 of this section, the department may use teams that were previously established to support the child and the child's FAMILY as the child's family and service team. d. Within thirty days after placing a child in a congregate care setting, The department shall work with the child, the child's attorney, and the child's family and service team to do all of the following: 1. Assess the child's strengths and needs using an age-appropriate assessment tool. The person conducting the assessment shall be trained in the use of the assessment tool and shall sign the COMPLETED assessment with the person's name and title. 2. IF THE CHILD'S FAMILY AND service TEAM recommends that THE CHILD BE PLACED IN A CONGREGATE CARE SETTING DUE TO A LACK OF AVAILABILITY OF AN APPROPRIATE FAMILY-LIKE SETTING, DEVELOP A family recruitment PLAN that is SPECIFIC TO THE CHILD AND, IF APPLICABLE, THE CHILD'S SIBLINGS and the child's minor parent or parents TO IDENTIFY And RECRUIT AN APPROPRIATE FAMILY-LIKE SETTING FOR THE CHILD. 3. DEVELOP A CHILD-specific congregate care implementation PLAN TO ENSURE THAT THE CHILD'S NEEDS ARE APPROPRIATELY MET WHILE THE CHILD IS PLACED IN A CONGREGATE CARE SETTING. IN DEVELOPING THE child-specific congregate care implementation PLAN, THE CHILD'S FAMILY AND service TEAM SHALL CONSIDER THE FACTORS LISTED IN SUBSECTION B of this section. 4. DOCUMENT the following IN THE CHILD'S CASE PLAN: (a) THE PARTICIPANTS IN AND THE DATE, TIME AND LOCATION OF THE CHILD'S FAMILY AND service TEAM MEETING. (b) THE ASSESSMENT REQUIRED PURSUANT to paragraph 1 of this subsection. (c) THE family RECRUITMENT PLAN, IF REQUIRED, PURSUANT TO paragraph 2 of this subsection. (d) THE CHILD-SPECIFIC CONGREGATE CARE IMPLEMENTATION PLAN PURSUANT TO paragraph 3 of this subsection. e. For the purposes of this section: 1. "Child" means a child who is under twelve years of age and who is in the care, custody and control of the department. 2. "Congregate care": (a) Means any facility that is operated by a child welfare agency that is licensed by the department to provide twenty-four hour group care to unrelated children, including shelter care facilities that are intended to provide short-term care for a group of children and residential group care facilities that are intended to provide care for a group of children for longer periods of time. (b) Does not include a qualified residential treatment program. 3. "Family-like setting" means a foster home or placement with an adult relative or person with a significant relationship with the child. 4. "Qualified residential treatment program" means a qualified residential treatment program as defined in 42 United States Code section 672(k)(4) that serves children with specific treatment needs who need short-term out-of-home placement and that qualifies for funding under the family first prevention services act (P.L. 115-123). 5. "Shelter care facility" means a child welfare agency that is licensed to receive children for temporary out-of-home twenty-four hour social, emotional or educational supervised care and maintenance at the request of a child, child placement agency, law ENFORCEMENT agency, parent, guardian or court.END_STATUTE
67+ 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) sex. (c) (d) Case plan goal. (d) (e) Type of out-of-home placement, categorized by age and ethnicity. (e) (f) 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) (g) 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. The number and percentage of dependent children who are under twelve years of age and who experienced a congregate care placement during the current reporting period and as categorized by: (a) Age. (b) Ethnicity. (c) sex. (d) Type of congregate care placement. (e) Reason for congregate care placement. (f) Length of time in congregate care 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. (g) The number of director, or director's designee, approvals sought and received for the placement of a child who is under twelve years of age in a congregate care setting. (h) The number of court approvals sought and received for the placement of a child who is under twelve years of age in a congregate care setting. 21. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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 30 of this subsection. 31. 32. The ratio of supervisors to specialists by region. 32. 33. The source and use of federal monies in the department. 33. 34. The source and use of state monies in the department. 34. 35. 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, 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 section 8-530.06, to read: START_STATUTE8-530.06. Dependent children under twelve years of age congregate care placement; director approval; assessment; court approval; definitions A. A child may be placed in a congregate care setting only with the prior written approval of the director or, if the director is absent, a designee who reports to the director and who does not have authority over the placement of children. The written approval of the director, or the director's designee, shall document that the placement is required for any of the following reasons: 1. To place the child with the child's siblings. 2. To place the child with a parent who has been adjudicated a dependent child. 3. To address the child's documented exceptional needs, which can be met only by a specifically identified congregate care provider. 4. To complete an evaluation of the child's placement needs. B. Before seeking the approval of the director, or the director's designee, to place a child in a congregate care setting, the department shall do all of the following: 1. Assemble a family and permanency team for the child consisting of the following: (a) The child, if developmentally appropriate. (b) The child's attorney, if one has been appointed. (c) Appropriate biological family members, adult relatives and persons with a significant relationship with the child. (d) Appropriate professionals, including medical or mental health providers, teachers or clergy. 2. Initiate efforts to identify adult relatives or persons with a significant relationship with the child as provided in section 8-514.07 for possible placement. 3. Conduct a preplacement visit to the congregate care setting unless impracticable. The visit shall include the child, if developmentally appropriate, the child's attorney, if one has been appointed, and members of the child's family and permanency team. 4. Engage the child, if developmentally appropriate, the child's attorney and members of the child's family and permanency team in making a recommendation for the child's placement. 5. Document the child's family and permanency team's placement recommendations, including any alternatives considered, for review by the director, or the director's designee, before approving or disapproving placing the child in a congregate care setting. C. Notwithstanding subsection B, paragraph 1 of this section, the department may use teams that were previously established to support the child and the child's FAMILY as the child's family and permanency team. d. Within thirty days after placing a child in a congregate care setting, a qualified individual shall work with the child, the child's attorney, the child's family members and the child's family and permanency team to do all of the following: 1. Assess the child's strengths and needs using an age-appropriate, evidence-based, validated and functional assessment tool. 2. Determine whether the needs of the child can be met through placement with adult relatives or persons with a significant relationship with the child or in a foster home. If the child's needs cannot be met through placement with adult relatives or persons with a significant relationship with the child or in a foster home, the child, the child's attorney, the child's family members and the child's family and permanency team shall determine which setting will provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child. 3. Develop a list of child-specific short-term and long-term behavioral health goals. e. Within thirty days after placing a child in a congregate care setting, the department shall document in the child's case plan all of the following: 1. The department's reasonable and good faith efforts to identify and include all the individuals described in subsection B or c of this section on the child's family and permanency team. 2. Any evidence demonstrating that the parents from whom the child was removed provided input on the members of the child's family and permanency team. 3. Contact information for members of the child's family and permanency team, including contact information for other adult family members and persons with a significant relationship with the child who are not part of the child's family and permanency team. 4. Evidence that meetings of the child's family and permanency team, including meetings relating to the assessment prescribed by subsection d of this section, are held at a time and place that is convenient for the child's family. 5. Evidence of the department's ongoing efforts to identify potential placement with an adult relative or other persons with a significant relationship with the child pursuant to section 8-514.07. 6. Evidence that the assessment prescribed by subsection d of this section was conducted with the child's family and permanency team. 7. Information regarding the placement preferences of the child's family and permanency team. The placement preference shall recognize a preference for a child to be placed with the child's siblings unless there is a finding by the court that such placement is contrary to the best interest of the child. 8. If the placement preferences of the child and the child's family and permanency team are not the placement setting recommended by the qualified individual conducting the assessment prescribed by subsection d of this section, the reasons why the preferences of the child and the child's family and permanency team were not recommended. f. If the qualified individual conducting the assessment prescribed by subsection d of this section determines that the child should not be placed with an adult relative or person with a significant relationship with the child or in a foster home, the qualified individual shall specify in writing the reasons why the needs of the child cannot be met by an adult relative or person with a significant relationship with the child or in a foster home. A shortage or lack of foster homes shall not be considered a reason for determining that the needs of the child cannot be met in a foster home. The qualified individual shall also specify in writing why the recommended placement in a congregate care setting will provide the child with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child. g. Within sixty days after a child is placed in a congregate care setting, the court shall conduct a hearing. At the hearing, the court shall do all of the following: 1. Consider the assessment, determination and documentation made by the qualified individual who conducted the assessment prescribed by subsection d of this section. 2. Determine whether the needs of the child can be met through placement with an adult relative or person with a significant relationship with the child or in a foster home. If the court determines that the needs of the child cannot be met through placement with an adult relative or person with a significant relationship with the child or in a foster care home, the court shall determine whether the placement of the child in a congregate care setting provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child. 3. Approve or disapprove the congregate care placement. the court's approval or DISAPPROVAL of the child's PLACEMENT shall be included in the child's case plan pursuant to subsection e of this section. h. If the child is removed from a congregate care setting and placed with an adult relative or person with a significant relationship with the child or in a foster home within sixty days after being placed in a congregate care setting, the department may notify the court of the change in placement and request that the hearing prescribed by subsection g of this section be vacated. i. At each status review and permanency hearing held after the placement of the child in a congregate care setting, the department shall submit all of the following information to the court: 1. Evidence that ongoing assessments of the child continue to demonstrate that the needs of the child cannot be met through placement with an adult relative or person with a significant relationship with the child or in a foster home. 2. Evidence that the placement in a congregate care setting provides the most effective and appropriate level of care for the child in the least restrictive environment. 3. Evidence that the placement is consistent with the short-term and long-term goals of the child. 4. Documentation of the child's specific treatment or service needs that are being addressed in the congregate care placement and the length of time the child is expected to require the treatment or services. 5. Documentation of the department's efforts to prepare the child to return home or to be placed with an adult relative, a person with a significant relationship with the child, a foster family, a legal guardian or an adoptive parent. j. At each status review and permanency hearing held after the child is placed in a congregate care setting, the court shall do all of the following: 1. Consider the evidence and documentation provided by the department. 2. Make a finding as to whether the needs of the child can be met through placement with an adult relative or person with a significant relationship with the child or in a foster home. If the needs of the child cannot be met through placement with an adult relative or person with a significant relationship with the child or in a foster care home, the court shall determine whether the continued placement of the child in a congregate care setting provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child. 3. Approve or disapprove the child's continued congregate care placement. k. If a child is placed in a congregate care setting for more than six consecutive or nonconsecutive months, the department shall submit a report to the court every thirty days. The report shall include both of the following: 1. Updated evidence and documentation submitted pursuant to subsection i of this section. 2. A request from the director, or the director's designee, for court approval of the continued placement of the child in the child's current congregate care placement. l. On receipt of the report submitted pursuant to subsection k of this section, the court shall do all of the following: 1. Consider the evidence and documentation submitted by the department. 2. Determine whether the continued placement of the child in a congregate care setting provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals of the child. 3. Approve the child's continued congregate care placement or set a hearing for further consideration of the child's ongoing placement in a congregate care setting. m. On its own motion or at the request of any party, the court may set a hearing to consider the child's placement in a congregate care setting. n. For the purposes of this section: 1. "Child" means a dependent child who is under twelve years of age. 2. "Congregate care": (a) Means any facility that is operated by a child welfare agency that is licensed by the department to provide twenty-four hour group care to unrelated children, including shelter care facilities that are intended to provide short-term care for a group of children and residential group care facilities that are intended to provide care for a group of children for longer periods of time. (b) Does not include a qualified residential treatment program. 3. "Qualified individual" means an objective licensed mental health professional who has at least two years' experience working with dependent children, who is not an employee of the department and who is not affiliated with any placement setting in which children are placed by the department. 4. "Qualified residential treatment program" means a qualified residential treatment program as defined in 42 United States Code section 672(k)(4) that serves children with specific treatment needs who need short-term out-of-home placement and that qualifies for funding under the family first prevention services act (P.L. 115-123). END_STATUTE
6868
6969 Be it enacted by the Legislature of the State of Arizona:
7070
7171 Section 1. Section 8-526, Arizona Revised Statutes, is amended to read:
7272
7373 START_STATUTE8-526. Child welfare; reporting requirements
7474
7575 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.
7676
7777 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:
7878
7979 1. Success in meeting training requirements.
8080
8181 2. Caseloads for child safety workers.
8282
8383 3. The number of new reports and reports that have been closed.
8484
8585 4. The number of case-carrying caseworkers in each region.
8686
8787 5. The number of investigations by region.
8888
8989 6. The number of children being served in-home and the number of children being served out-of-home by each region.
9090
9191 7. The total number of reports received, by major category and by priority.
9292
9393 8. The number of reports not responded to, by priority, by county and statewide.
9494
9595 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.
9696
9797 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:
9898
9999 (a) A substantiated report.
100100
101101 (b) A report currently proposed for substantiation.
102102
103103 (c) An unsubstantiated report.
104104
105105 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.
106106
107107 12. Of the number of children reported to the department, the percentage of children placed in out-of-home care by county and statewide.
108108
109109 13. The number of newborn infants delivered to safe haven providers pursuant to section 13-3623.01.
110110
111111 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.
112112
113113 15. The number and percentage of children removed during the reporting period, by county and statewide, who had been in out-of-home care:
114114
115115 (a) Within the previous twelve months.
116116
117117 (b) Within the previous twenty-four months, excluding the children included in subdivision (a) of this paragraph.
118118
119119 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.
120120
121121 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.
122122
123123 18. The number of licensed foster homes that receive the required visitation by licensing agency representatives pursuant to section 8-516.
124124
125125 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.
126126
127127 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:
128128
129129 (a) Age.
130130
131131 (b) Ethnicity.
132132
133133 (c) sex.
134134
135135 (c) (d) Case plan goal.
136136
137137 (d) (e) Type of out-of-home placement, categorized by age and ethnicity.
138138
139139 (e) (f) 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.
140140
141141 (f) (g) 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.
142142
143-21. The number and percentage of children who are under twelve years of age, who are in the care, custody and control of the department at the end of the reporting period and who are in a congregate care placement and as categorized by:
143+21. The number and percentage of dependent children who are under twelve years of age and who experienced a congregate care placement during the current reporting period and as categorized by:
144144
145145 (a) Age.
146146
147147 (b) Ethnicity.
148148
149149 (c) sex.
150150
151151 (d) Type of congregate care placement.
152152
153153 (e) Reason for congregate care placement.
154154
155-(f) Length of time in congregate care 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 congregate care placements.
155+(f) Length of time in congregate care 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.
156156
157-(g) whether the child has a family recruitment plan pursuant to section 8-530.06.
157+(g) The number of director, or director's designee, approvals sought and received for the placement of a child who is under twelve years of age in a congregate care setting.
158158
159-22. The number of requests for director approval for the placement of children who are under twelve years of age and who are in a congregate care setting and the number of requests approved.
159+(h) The number of court approvals sought and received for the placement of a child who is under twelve years of age in a congregate care setting.
160160
161-21. 23. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.
161+21. 22. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.
162162
163-22. 24. 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:
163+22. 23. 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:
164164
165165 (a) Age.
166166
167167 (b) Ethnicity.
168168
169169 (c) Number of placements.
170170
171171 (d) Average length of time in care.
172172
173-23. 25. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.
173+23. 24. The number of children with a petition for termination of parental rights granted and not granted during the reporting period by county and statewide.
174174
175-24. 26. 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:
175+24. 25. 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:
176176
177177 (a) Age.
178178
179179 (b) Ethnicity.
180180
181181 (c) Average length of time in care.
182182
183183 (d) Legal status.
184184
185-25. 27. 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:
185+25. 26. 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:
186186
187187 (a) Age.
188188
189189 (b) Ethnicity.
190190
191191 (c) Average length of time in out-of-home placement.
192192
193193 (d) Length of time from change of case plan goal to adoptive placement.
194194
195195 (e) Legal status.
196196
197197 (f) Marital status and relationship of the adoptive parent or parents to the child.
198198
199-26. 28. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:
199+26. 27. The number of children whose adoptive placement was disrupted during the reporting period and as categorized by:
200200
201201 (a) Age.
202202
203203 (b) Ethnicity.
204204
205205 (c) Cause of the disruption.
206206
207207 (d) Marital status and relationship of the adoptive parent or parents to the child.
208208
209-27. 29. The number of children whose adoptions were finalized during the reporting period and as categorized by:
209+27. 28. The number of children whose adoptions were finalized during the reporting period and as categorized by:
210210
211211 (a) Average length of time in out-of-home placement before adoptive placement.
212212
213213 (b) Average length of time in adoptive placement before the final order of adoption.
214214
215215 (c) Marital status and relationship of the adoptive parent or parents to the child.
216216
217-28. 30. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:
217+28. 29. The number of children who died while in the custody of the department by the county where the death occurred and as categorized by:
218218
219219 (a) The cause of death.
220220
221221 (b) The type of out-of-home placement at the time of death.
222222
223-29. 31. 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:
223+29. 30. 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:
224224
225225 (a) Biological parent or parents.
226226
227227 (b) Other family member.
228228
229229 (c) Adoptive parent or parents.
230230
231231 (d) Foster care parent or parents.
232232
233233 (e) Other out-of-home care provider.
234234
235-30. 32. 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 31 of this subsection.
235+30. 31. 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 30 of this subsection.
236236
237-31. 33. The ratio of supervisors to specialists by region.
237+31. 32. The ratio of supervisors to specialists by region.
238238
239-32. 34. The source and use of federal monies in the department.
239+32. 33. The source and use of federal monies in the department.
240240
241-33. 35. The source and use of state monies in the department.
241+33. 34. The source and use of state monies in the department.
242242
243-34. 36. Information regarding the educational placement of foster children pursuant to section 8-530.04, including:
243+34. 35. Information regarding the educational placement of foster children pursuant to section 8-530.04, including:
244244
245245 (a) The number of best interest educational placement determinations conducted.
246246
247247 (b) The number of children who entered foster care and who did not receive a best interest educational placement determination.
248248
249249 (c) The final outcome of each best interest educational placement determination.
250250
251251 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.
252252
253253 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.
254254
255255 E. The department shall make available the following information on an annual basis:
256256
257257 1. The percentage of substantiations upheld by the office of administrative hearings.
258258
259259 2. The demographics and number of children placed with relative caregivers.
260260
261261 3. The demographics of kinship foster caregivers.
262262
263263 4. The number of relative children per kinship foster care family.
264264
265265 5. The department's success at maintaining kinship foster care placements.
266266
267267 6. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers.
268268
269269 7. The cost of services provided to kinship foster caregivers compared to the cost of out-of-home placements.
270270
271271 8. The number of children and families, by district, receiving services through the housing assistance program during the previous fiscal year.
272272
273273 9. The total amount of money spent on the housing assistance program by region.
274274
275275 10. A programmatic and fiscal evaluation of the effectiveness of the housing assistance program that includes the amount of foster care expenditures avoided.
276276
277277 11. The number of children in the independent living program by age, county and education status.
278278
279279 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, subdivision (c) and the number of children in these reports who were:
280280
281281 (a) Removed within thirty days after the date the report is received.
282282
283283 (b) Removed within six months after the date the report is received.
284284
285285 F. The department shall make available the following information on a monthly basis:
286286
287287 1. Operations and workforce data measures that include:
288288
289289 (a) Staff vacancy levels by position category and turnover.
290290
291291 (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.
292292
293293 (c) Hotline performance.
294294
295295 (d) Reports received by maltreatment type, priority and response time.
296296
297297 (e) Inactive cases by disposition.
298298
299299 (f) Open reports.
300300
301301 (g) Entries and exits from the foster care population by exit type.
302302
303303 (h) Support service provision.
304304
305305 (i) Demographics, placement types and case plan goals of the foster care population.
306306
307307 (j) The number and type of licensed foster homes that leave the foster care system and the reason for the exit.
308308
309309 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.
310310
311311 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.
312312
313313 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
314314
315315 Sec. 2. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-530.06, to read:
316316
317-START_STATUTE8-530.06. Dependent children under twelve years of age congregate care placement; family-like setting; assessment; definitions
317+START_STATUTE8-530.06. Dependent children under twelve years of age congregate care placement; director approval; assessment; court approval; definitions
318318
319-A. Except for placements in a shelter care facility lasting less than seventy-two hours, excluding saturdays, sundays and holidays, a child may be placed in a congregate care setting only with the prior written approval of the director or, if the director is absent, a designee who reports to the director and who does not have AUTHORITY over the PLACEMENT of children in congregate care settings. The written approval of the director shall document that the placement is required for any of the following reasons:
319+A. A child may be placed in a congregate care setting only with the prior written approval of the director or, if the director is absent, a designee who reports to the director and who does not have authority over the placement of children. The written approval of the director, or the director's designee, shall document that the placement is required for any of the following reasons:
320320
321321 1. To place the child with the child's siblings.
322322
323-2. To place the child with a parent who is in the care, custody and control of the department.
323+2. To place the child with a parent who has been adjudicated a dependent child.
324324
325325 3. To address the child's documented exceptional needs, which can be met only by a specifically identified congregate care provider.
326326
327327 4. To complete an evaluation of the child's placement needs.
328328
329-B. Within seventy-two hours of placing a child in a congregate care setting, excluding saturdays, sundays and holidays, and whenever possible before seeking director approval of the placement pursuant to subsection a of this section, the department shall do all of the following:
329+B. Before seeking the approval of the director, or the director's designee, to place a child in a congregate care setting, the department shall do all of the following:
330330
331-1. Assemble a family and service team for the child consisting of the following:
331+1. Assemble a family and permanency team for the child consisting of the following:
332332
333333 (a) The child, if developmentally appropriate.
334334
335335 (b) The child's attorney, if one has been appointed.
336336
337337 (c) Appropriate biological family members, adult relatives and persons with a significant relationship with the child.
338338
339339 (d) Appropriate professionals, including medical or mental health providers, teachers or clergy.
340340
341341 2. Initiate efforts to identify adult relatives or persons with a significant relationship with the child as provided in section 8-514.07 for possible placement.
342342
343-3. Engage the child, if developmentally appropriate, the child's attorney, if one has been appointed, and members of the child's family and service team in making a recommendation for the child's placement in the least restrictive and most appropriate setting consistent with the best interests and special needs of the child. In making the recommendation, the child's family and service team shall:
343+3. Conduct a preplacement visit to the congregate care setting unless impracticable. The visit shall include the child, if developmentally appropriate, the child's attorney, if one has been appointed, and members of the child's family and permanency team.
344344
345-(a) ACKNOWLEDGE THE REQUIREMENT TO MAKE REASONABLE EFFORTS TO PLACE SIBLINGS IN THE SAME PLACEMENT, UNLESS JOINT PLACEMENT WOULD BE CONTRARY TO THE SAFETY OR WELL-BEING OF ANY OF THE SIBLINGS.
345+4. Engage the child, if developmentally appropriate, the child's attorney and members of the child's family and permanency team in making a recommendation for the child's placement.
346346
347-(b) Acknowledge that a child of a minor parent who is also in the care, custody and control of the department should be placed with the child's parent, unless placement of the child with the child's parent is contrary to the safety or well-being of either the child or the parent.
347+5. Document the child's family and permanency team's placement recommendations, including any alternatives considered, for review by the director, or the director's designee, before approving or disapproving placing the child in a congregate care setting.
348348
349-(c) CONSIDER WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACEMENT IN A FAMILY-LIKE SETTING. If the child's FAMILY AND service TEAM RECOMMENDS THAT the CHILD'S NEEDS CAN BE MET THROUGH A FAMILY-LIKE SETTING, BUT AN APPROPRIATE FAMILY-LIKE SETTING IS NOT CURRENTLY IDENTIFIED OR AVAILABLE, THE DEPARTMENT SHALL DOCUMENT IN THE CHILD'S CASE PLAN THAT THE CHILD'S NEEDS COULD BE MET IN A FAMILY-LIKE SETTING IF ONE WERE IDENTIFIED OR AVAILABLE. IF THE child's FAMILY AND service TEAM RECOMMENDS THAT THE CHILD'S NEEDS CANNOT BE MET THROUGH PLACEMENT IN A FAMILY-LIKE SETTING, THE DEPARTMENT SHALL DOCUMENT IN THE CHILD'S CASE PLAN THAT THE CHILD'S NEEDS CANNOT CURRENTLY BE MET THROUGH PLACEMENT IN A FAMILY-LIKE SETTING.
349+C. Notwithstanding subsection B, paragraph 1 of this section, the department may use teams that were previously established to support the child and the child's FAMILY as the child's family and permanency team.
350350
351-(d) RECOMMEND A CONGREGATE CARE SETTING FOR THE CHILD THAT IS THE LEAST RESTRICTIVE AND MOST APPROPRIATE SETTING AVAILABLe, IN CLOSE PROXIMITY TO THE PARENTS' HOME and CONSISTENT WITH THE BEST INTERESTS AND SPECIAL NEEDS OF THE CHILD. IN MAKING THIS RECOMMENDATION, the child's family and service team shall consider ALL OF THE FACTORS LISTED IN SUBDIVISION (f) of this paragraph.
351+d. Within thirty days after placing a child in a congregate care setting, a qualified individual shall work with the child, the child's attorney, the child's family members and the child's family and permanency team to do all of the following:
352352
353-(e) Schedule A MEETING OF THE CHILD'S FAMILY AND service TEAM to take place within thirty days TO MEET THE REQUIREMENTS OF SUBSECTION D OF THIS SECTION.
353+1. Assess the child's strengths and needs using an age-appropriate, evidence-based, validated and functional assessment tool.
354354
355-(f) WHEN RECOMMENDING THE PLACEMENT OF A CHILD IN A CONGREGATE CARE SETTING, CONSIDER AND DOCUMENT IN THE CASE PLAN HOW THE PLACEMENT SETTING IS ABLE TO:
355+2. Determine whether the needs of the child can be met through placement with adult relatives or persons with a significant relationship with the child or in a foster home. If the child's needs cannot be met through placement with adult relatives or persons with a significant relationship with the child or in a foster home, the child, the child's attorney, the child's family members and the child's family and permanency team shall determine which setting will provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child.
356356
357-(i) MEET THE DEVELOPMENTAL NEEDS OF THE CHILD.
357+3. Develop a list of child-specific short-term and long-term behavioral health goals.
358358
359-(ii) MEET THE EDUCATIONAL NEEDS OF THE CHILD, INCLUDING MAINTAINING THE CHILD IN THE child's SCHOOL OF ORIGIN.
359+e. Within thirty days after placing a child in a congregate care setting, the department shall document in the child's case plan all of the following:
360360
361-(iii) MEET ANY BEHAVIORAL HEALTH NEEDS OF THE CHILD.
361+1. The department's reasonable and good faith efforts to identify and include all the individuals described in subsection B or c of this section on the child's family and permanency team.
362362
363-(iv) SUPPORT DAILY, MEANINGFUL CONTACT BETWEEN THE CHILD AND THE child's SIBLINGS.
363+2. Any evidence demonstrating that the parents from whom the child was removed provided input on the members of the child's family and permanency team.
364364
365-(v) SUPPORT THE CHILD'S CONNECTIONS WITH THE child's COMMUNITY OF ORIGIN.
365+3. Contact information for members of the child's family and permanency team, including contact information for other adult family members and persons with a significant relationship with the child who are not part of the child's family and permanency team.
366366
367-4. WHENEVER POSSIBLE AND DEVELOPMENTALLY APPROPRIATE FOR THE CHILD, CONDUCT A PREPLACEMENT VISIT TO THE CONGREGATE CARE SETTING WITH THE CHILD AND A MEMBER OF THE CHILD'S FAMILY AND service TEAM WHO IS A PERSON KNOWN TO AND TRUSTED BY THE CHILD.
367+4. Evidence that meetings of the child's family and permanency team, including meetings relating to the assessment prescribed by subsection d of this section, are held at a time and place that is convenient for the child's family.
368368
369-5. DOCUMENT ALL OF THE FOLLOWING:
369+5. Evidence of the department's ongoing efforts to identify potential placement with an adult relative or other persons with a significant relationship with the child pursuant to section 8-514.07.
370370
371-(a) THE PARTICIPANTS IN AND THE DATE, TIME AND LOCATION OF THE CHILD'S FAMILY AND service TEAM MEETING.
371+6. Evidence that the assessment prescribed by subsection d of this section was conducted with the child's family and permanency team.
372372
373-(b) THE DETERMINATIONS AND RECOMMENDATIONS MADE BY THE CHILD'S FAMILY AND service TEAM, THE REASONS SUPPORTING EACH DETERMINATION AND RECOMMENDATION AND WHETHER ANY MEMBER OF THE CHILD'S FAMILY AND service TEAM WAS NOT IN AGREEMENT WITH A DETERMINATION OR RECOMMENDATION MADE BY THE TEAM.
373+7. Information regarding the placement preferences of the child's family and permanency team. The placement preference shall recognize a preference for a child to be placed with the child's siblings unless there is a finding by the court that such placement is contrary to the best interest of the child.
374374
375-C. Notwithstanding subsection B, paragraph 1 of this section, the department may use teams that were previously established to support the child and the child's FAMILY as the child's family and service team.
375+8. If the placement preferences of the child and the child's family and permanency team are not the placement setting recommended by the qualified individual conducting the assessment prescribed by subsection d of this section, the reasons why the preferences of the child and the child's family and permanency team were not recommended.
376376
377-d. Within thirty days after placing a child in a congregate care setting, The department shall work with the child, the child's attorney, and the child's family and service team to do all of the following:
377+f. If the qualified individual conducting the assessment prescribed by subsection d of this section determines that the child should not be placed with an adult relative or person with a significant relationship with the child or in a foster home, the qualified individual shall specify in writing the reasons why the needs of the child cannot be met by an adult relative or person with a significant relationship with the child or in a foster home. A shortage or lack of foster homes shall not be considered a reason for determining that the needs of the child cannot be met in a foster home. The qualified individual shall also specify in writing why the recommended placement in a congregate care setting will provide the child with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child.
378378
379-1. Assess the child's strengths and needs using an age-appropriate assessment tool. The person conducting the assessment shall be trained in the use of the assessment tool and shall sign the COMPLETED assessment with the person's name and title.
379+g. Within sixty days after a child is placed in a congregate care setting, the court shall conduct a hearing. At the hearing, the court shall do all of the following:
380380
381-2. IF THE CHILD'S FAMILY AND service TEAM recommends that THE CHILD BE PLACED IN A CONGREGATE CARE SETTING DUE TO A LACK OF AVAILABILITY OF AN APPROPRIATE FAMILY-LIKE SETTING, DEVELOP A family recruitment PLAN that is SPECIFIC TO THE CHILD AND, IF APPLICABLE, THE CHILD'S SIBLINGS and the child's minor parent or parents TO IDENTIFY And RECRUIT AN APPROPRIATE FAMILY-LIKE SETTING FOR THE CHILD.
381+1. Consider the assessment, determination and documentation made by the qualified individual who conducted the assessment prescribed by subsection d of this section.
382382
383-3. DEVELOP A CHILD-specific congregate care implementation PLAN TO ENSURE THAT THE CHILD'S NEEDS ARE APPROPRIATELY MET WHILE THE CHILD IS PLACED IN A CONGREGATE CARE SETTING. IN DEVELOPING THE child-specific congregate care implementation PLAN, THE CHILD'S FAMILY AND service TEAM SHALL CONSIDER THE FACTORS LISTED IN SUBSECTION B of this section.
383+2. Determine whether the needs of the child can be met through placement with an adult relative or person with a significant relationship with the child or in a foster home. If the court determines that the needs of the child cannot be met through placement with an adult relative or person with a significant relationship with the child or in a foster care home, the court shall determine whether the placement of the child in a congregate care setting provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child.
384384
385-4. DOCUMENT the following IN THE CHILD'S CASE PLAN:
385+3. Approve or disapprove the congregate care placement. the court's approval or DISAPPROVAL of the child's PLACEMENT shall be included in the child's case plan pursuant to subsection e of this section.
386386
387-(a) THE PARTICIPANTS IN AND THE DATE, TIME AND LOCATION OF THE CHILD'S FAMILY AND service TEAM MEETING.
387+h. If the child is removed from a congregate care setting and placed with an adult relative or person with a significant relationship with the child or in a foster home within sixty days after being placed in a congregate care setting, the department may notify the court of the change in placement and request that the hearing prescribed by subsection g of this section be vacated.
388388
389-(b) THE ASSESSMENT REQUIRED PURSUANT to paragraph 1 of this subsection.
389+i. At each status review and permanency hearing held after the placement of the child in a congregate care setting, the department shall submit all of the following information to the court:
390390
391-(c) THE family RECRUITMENT PLAN, IF REQUIRED, PURSUANT TO paragraph 2 of this subsection.
391+1. Evidence that ongoing assessments of the child continue to demonstrate that the needs of the child cannot be met through placement with an adult relative or person with a significant relationship with the child or in a foster home.
392392
393-(d) THE CHILD-SPECIFIC CONGREGATE CARE IMPLEMENTATION PLAN PURSUANT TO paragraph 3 of this subsection.
393+2. Evidence that the placement in a congregate care setting provides the most effective and appropriate level of care for the child in the least restrictive environment.
394394
395-e. For the purposes of this section:
395+3. Evidence that the placement is consistent with the short-term and long-term goals of the child.
396396
397-1. "Child" means a child who is under twelve years of age and who is in the care, custody and control of the department.
397+4. Documentation of the child's specific treatment or service needs that are being addressed in the congregate care placement and the length of time the child is expected to require the treatment or services.
398+
399+5. Documentation of the department's efforts to prepare the child to return home or to be placed with an adult relative, a person with a significant relationship with the child, a foster family, a legal guardian or an adoptive parent.
400+
401+j. At each status review and permanency hearing held after the child is placed in a congregate care setting, the court shall do all of the following:
402+
403+1. Consider the evidence and documentation provided by the department.
404+
405+2. Make a finding as to whether the needs of the child can be met through placement with an adult relative or person with a significant relationship with the child or in a foster home. If the needs of the child cannot be met through placement with an adult relative or person with a significant relationship with the child or in a foster care home, the court shall determine whether the continued placement of the child in a congregate care setting provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child.
406+
407+3. Approve or disapprove the child's continued congregate care placement.
408+
409+k. If a child is placed in a congregate care setting for more than six consecutive or nonconsecutive months, the department shall submit a report to the court every thirty days. The report shall include both of the following:
410+
411+1. Updated evidence and documentation submitted pursuant to subsection i of this section.
412+
413+2. A request from the director, or the director's designee, for court approval of the continued placement of the child in the child's current congregate care placement.
414+
415+l. On receipt of the report submitted pursuant to subsection k of this section, the court shall do all of the following:
416+
417+1. Consider the evidence and documentation submitted by the department.
418+
419+2. Determine whether the continued placement of the child in a congregate care setting provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals of the child.
420+
421+3. Approve the child's continued congregate care placement or set a hearing for further consideration of the child's ongoing placement in a congregate care setting.
422+
423+m. On its own motion or at the request of any party, the court may set a hearing to consider the child's placement in a congregate care setting.
424+
425+n. For the purposes of this section:
426+
427+1. "Child" means a dependent child who is under twelve years of age.
398428
399429 2. "Congregate care":
400430
401431 (a) Means any facility that is operated by a child welfare agency that is licensed by the department to provide twenty-four hour group care to unrelated children, including shelter care facilities that are intended to provide short-term care for a group of children and residential group care facilities that are intended to provide care for a group of children for longer periods of time.
402432
403433 (b) Does not include a qualified residential treatment program.
404434
405-3. "Family-like setting" means a foster home or placement with an adult relative or person with a significant relationship with the child.
435+3. "Qualified individual" means an objective licensed mental health professional who has at least two years' experience working with dependent children, who is not an employee of the department and who is not affiliated with any placement setting in which children are placed by the department.
406436
407-4. "Qualified residential treatment program" means a qualified residential treatment program as defined in 42 United States Code section 672(k)(4) that serves children with specific treatment needs who need short-term out-of-home placement and that qualifies for funding under the family first prevention services act (P.L. 115-123).
408-
409-5. "Shelter care facility" means a child welfare agency that is licensed to receive children for temporary out-of-home twenty-four hour social, emotional or educational supervised care and maintenance at the request of a child, child placement agency, law ENFORCEMENT agency, parent, guardian or court.END_STATUTE
437+4. "Qualified residential treatment program" means a qualified residential treatment program as defined in 42 United States Code section 672(k)(4) that serves children with specific treatment needs who need short-term out-of-home placement and that qualifies for funding under the family first prevention services act (P.L. 115-123). END_STATUTE