Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1590
group homes; random drug screening
Purpose
Requires the Department of Child Safety (DCS) to develop and implement policies and
procedures to conduct random quarterly drug screening of employees of a group foster home.
Background
A group foster home is a licensed regular or special foster home that provides foster care
services for between 5 and 10 minor children placed in the group foster home (A.R.S. § 8-501).
DCS or a licensed child welfare agency, with reasonable belief that the group foster home can
safely handle additional children and that the group foster home is not involved with any
outstanding concerns, deficiencies, reports or investigations, may place an additional child beyond
the prescribed limit if the child: 1) is part of a sibling group already residing in the group foster
home; 2) is part of a sibling group that would be separated upon placement due to the limit;
3) previously resided in the group foster home; or 4) is a kinship placement (A.R.S. § 8-514).
State agencies that contract directly with group homes or regional behavioral health
authorities that subcontract with group homes are required to: 1) provide a safe, clean and humane
environment; 2) be responsible for the supervision of residents while in the home or engaged in
off-site activities affiliated with the group home; and 3) be licensed by DCS, the Department of
Health Services or the Department of Economic Security (A.R.S. § 36-1201).
DCS may, with reasonable suspicion, test employees for drug or alcohol use using urine or
breath testing. Reasonable suspicion is based upon specific, objective and articulated facts as well
as any rational inferences from those facts that would lead a reasonable person to suspect an
individual has possessed, used or sold illegal drugs or attempted or conspired to do so. Probable
cause is not required, but the basis for screening must be substantially more than a hunch. Good
cause is required for reasonable suspicion and must be documented. All DCS employees must
notify DCS human resources immediately after receiving a citation, arrest, indictment or police
contact for a drug or alcohol violation. Employees who violate the Drug-Free Workplace Policy
are subject to disciplinary action, up to and including dismissal (DCS).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires DCS to develop and implement policies and procedures to conduct random quarterly
drug screening of employees of a group foster home. FACT SHEET
S.B. 1590
Page 2
2. Prohibits an employee of a group foster home from having contact with any child living at the
group foster home before an initial drug screening.
3. Allows DCS to conduct random drug screening of any group foster home employee if the
employee is involved in an accident or incident in which a child that lives at the group foster
home is injured.
4. Requires group foster homes to submit the results of all random drug screenings to DCS within
48 hours.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2024
MM/DM/mg