HB 2671
Initials JH/SR Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: GOV DPA 4-3-0-0
HB 2671: DCS; kinship care placement; requirement
Sponsor: Representative Fink, LD 27
Caucus & COW
Overview
Requires that extended family members be included and a part of all proceedings in a search
for potential foster parents and in court proceedings relating to kinship foster care.
History
Kinship Foster Care
The Arizona Department of Child Safety (DCS) established kinship foster care services to
promote placement of a child in the custody of DCS with the child's relative. Kinship foster
care parents may be eligible to receive full foster care financial benefits and temporary
financial assistance. DCS must provide kinship foster care parents with certain nonfinancial
services and information about the resources available to them (A.R.S. § 8-514.03).
Temporary Custody, Initial Search and Documentation
If a child is placed in the temporary custody of DCS, the department must conduct a search
to identify and notify the child's adult relatives and persons with a significant relationship
to the child. This search for relatives or persons with a significant relationship to the child
must include interviews with specified persons, a comprehensive search of relevant records
and other means that are likely to identify one of these persons. In addition, DCS is required
to provide documentation with the court containing the completed due diligence search
efforts that specify the steps taken by DCS to locate possible kinship foster care placements.
Any person identified as a possible kinship foster care parent through this search must be
provided written notice that includes information about the child's current situation, the
options available to them, the process to become a foster parent and the resources available
for foster parents (A.R.S. § 8-514.07).
Preliminary Protective Hearings
A preliminary protective hearing is held within five to seven days of a child being taken into
temporary custody by DCS. Statute dictates who must be and may be present at this hearing
and the court's obligation to advise a parent or guardian of their rights. During the hearing
the court must follow specific procedural requirements that include instructions on what
factors are relevant, specific information that a parent, guardian or child must be informed
of and what information DCS must provide. At the conclusion of the hearing, if the child is
not returned to their parent or guardian, the court must enter orders regarding the placement
of the child (A.R.S. § 8-824).
Initial Dependency Hearing
An initial dependency hearing must be set within 21 days after the petition is filed. At the
hearing the court must determine if the parent or guardian is providing all of the necessary
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information required of them, if DCS is conducting their required due diligence search and if
DCS is attempting to identify and place the child with their siblings, if possible (A.R.S. § 8-
842).
Provisions
1. Requires kinship foster care services to place the child in kinship foster care with their
relative, an extended family member or a person with a significant relationship to the
child. (Sec. 2)
2. Adds extended family members to the possible kinship placements to be identified,
notified and involved with the mandatory due diligence search by DCS when a child is in
their temporary custody. (Sec. 3)
3. Specifies that extended family members and a person with a significant relationship with
the child must also be included in all required documentation to the court, including
documents on potential kinship placement and on completed due diligence search efforts.
(Sec. 3)
4. Mandates extended family members be provided with written notice if they are identified
as a potential placement through the mandatory search by DCS. (Sec. 3)
5. Instructs DCS to include extended family members in further search efforts if the child
is not given a permanent placement. (Sec. 3)
6. Adds relatives, extended family members and a person with a significant relationship
with the child to the list of people that the child has a right to receive appropriate care
from and who should be considered for placement. (Sec. 4)
7. Specifies that a child has the right be placed with or in close proximity to their siblings
when it does not pose a risk to the child's or their sibling's safety. (Sec. 4)
8. Establishes that the child in foster care has the right to receive an update, at least every
30 days, of the status of DCS's efforts to place them in kinship foster care. (Sec. 4)
9. Changes when DCS must submit their required written report to the court from one day
to five days prior to the preliminary protective hearing. (Sec. 6)
10. Specifies that reports in a preliminary protective hearing must also reference extended
family members as a possible placement for the child. (Sec. 6)
11. Asserts that it is an abuse of judicial discretion, during a preliminary protective hearing
and initial dependency hearing, if the court fails to order the placement of a child with a
relative, extended family member or a person who has a significant relationship with the
child, if the placement is available. (Sec. 6, 7)
12. Requires the court, in an initial dependency hearing, to order the child be placed with a
relative, extended family member or a person who has a significant relationship with the
child, if the placement is available and in the best interest of the child within 48 hours
after the hearing. (Sec. 7)
13. Defines extended family member and best interest of the child. (Sec. 1, 2, 5)
14. Makes technical and conforming changes. (Sec. 1, 4, 5, 7)
HB 2671
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Amendments
Committee on Government
1. Requires DCS to file specified documentation with the court at least every 30 days for a
minimum of 6 months.
2. Adds relatives extended family members and persons with a significant relationship to
the child to the list of people referenced in the rights of a child in foster care or kinship
foster care.
3. Specifies kinship foster homes are a part of the placement options for a child in the
custody of DCS.
4. Specifies a child must be updated with DCS's efforts to place them only if it is requested
by the child.
5. Removes language that asserts that a child's specified rights in foster care do not
establish an independent cause of action.