Assigned to HHS AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1580
DCS; parents' rights; vaccinations
Purpose
Prohibits the Department of Child Safety (DCS), foster parents, group home and foster
home staff, relatives or other persons or agencies responsible for the care of a child from
consenting to vaccination of the child if the child's parent objects to the vaccination in writing to
DCS.
Background
DCS oversees and investigates reports of child abuse and neglect. When necessary, DCS
also provides interventions to protect children alleged to be abused and neglected, including taking
temporary custody of a child or placing a child in foster care. DCS coordinates services to achieve
and maintain permanency on behalf of the child, strengthen the family and provide prevention,
intervention and treatment services (DCS).
DCS may, if acting as the temporary custodian of a child, consent to specified medical
procedures, including evaluation, routine or emergency medical treatment, routine dental
treatment, surgery, blood transfusions, general anesthesia or testing for the human
immunodeficiency virus (HIV). However, DCS may not consent to abortions on behalf of a child.
Foster parents, group home staff, foster care staff, relatives of a child or other persons or agencies
responsible for the care of a child may consent to, on the child's behalf, evaluation and treatment
for non-life-threatening emergency conditions, routine medical and dental treatment and
procedures, as well as testing for HIV. However, these care providers may not consent to general
anesthesia, surgery, blood transfusions or abortions (A.R.S. § 8-514.05).
Unless parental rights have been terminated, exigent circumstances exist or as otherwise
ordered by the court, a parent, guardian or custodian whose child is placed in DCS custody
maintains the rights to: 1) not have the child taken without being provided reasons for removal by
DCS; 2) be immediately notified that the child was taken into custody; 3) receive information on
available services; 4) have an attorney present or appointed by the court at all proceedings; 5) be
able to participate in and be timely notified of the date, time and location of all hearings;
6) participate in the development of a case plan; 7) receive services, including services that
facilitate reunification of the family; 8) maintain contact with the child unless the court determines
it is harmful to the child; 9) be consulted about the child's medical care, education and grooming;
and 10) request that the child be returned if the court determines it would not create substantial
risk of physical, mental or emotional harm to the child (A.R.S. § 8-809.01).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation. FACT SHEET – Amended
S.B. 1580
Page 2
Provisions
1. Prohibits each of the following from consenting to vaccination of a child if the child's parent,
whose parental rights have not been terminated, objects to the vaccination in writing to DCS:
a) DCS;
b) foster parents;
c) group home staff;
d) foster home staff;
e) relatives of the child; or
f) other persons or agencies responsible for the care of a child.
2. Grants a parent, guardian or custodian of a child in DCS custody, unless parental rights have
been terminated or under order of the court, the right to make decisions about vaccination of
the child.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
• Prohibits the DCS, foster parents, group and foster home staff, relatives or others responsible
for the care of a child from consenting to vaccination of the child only if objected to in writing
by a parent whose parental rights have not been terminated.
Senate Action
HHS 2/13/24 DPA/SE 7-0-0
Prepared by Senate Research
February 26, 2024
MM/sdr/slp