House Engrossed DCS; kinship care placement; requirement State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2671 AN ACT amending sections 8-501, 8-514.03, 8-514.07, 8-529, 8-801, 8-824 and 8-842, arizona revised statutes; relating to child welfare and placement. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed DCS; kinship care placement; requirement
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2671
House Engrossed
DCS; kinship care placement; requirement
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2671
AN ACT
amending sections 8-501, 8-514.03, 8-514.07, 8-529, 8-801, 8-824 and 8-842, arizona revised statutes; relating to child welfare and placement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-501, Arizona Revised Statutes, is amended to read: START_STATUTE8-501. Definitions A. In this article, unless the context otherwise requires: 1. "Child developmental certified home" means a regular foster home that is licensed pursuant to section 8-509 and that is certified by the department of economic security pursuant to section 36-593.01. 2. "Child welfare agency" or "agency": (a) Means: (i) Any agency or institution that is maintained by a person, firm, corporation, association or organization to receive children for care and maintenance or for twenty-four hour social, emotional or educational supervised care or who have been adjudicated as a delinquent or dependent child. (ii) Any institution that provides care for unmarried mothers and their children. (iii) Any agency that is maintained by this state, a political subdivision of this state or a person, firm, corporation, association or organization to place children or unmarried mothers in a foster home. (b) Does not include state operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to title 36, chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques. 3. "Division" or "department" means the department of child safety. 4. "extended family member" means an adult person who has a biological connection to the child by an intact marriage or who has a connection to the child by marriage to a biological family member of the child. 4. 5. "Former dependent child" means a person who was previously adjudicated a dependent child in a dependency proceeding that has been dismissed by order of the juvenile court. 5. 6. "Foster child" means a child placed in a foster home or child welfare agency. 6. 7. "Foster home" means a home that is maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals. 7. 8. "Foster parent" means any individual or individuals maintaining a foster home. 8. 9. "Group foster home" means a licensed regular or special foster home that is suitable for placement of more than five minor children but not more than ten minor children. 9. 10. "Out-of-home placement" means the placing of a child in the custody of an individual or agency other than with the child's parent or legal guardian and includes placement in temporary custody pursuant to section 8-821, voluntary placement pursuant to section 8-806 or placement due to dependency actions. 10. 11. "Parent" means the natural or adoptive mother or father of a child. 11. 12. "Reason for leaving care" means one of the following: (a) Reunification with a parent or primary caretaker. (b) Living with another relative. (c) Adoption by a relative. (d) Adoption by a foster parent. (e) Adoption by another person. (f) Age of majority. (g) Guardianship by a relative. (h) Guardianship by another person. (i) Transfer to another agency. (j) Runaway. (k) Death. 12. 13. "Receiving foster home" means a licensed foster home that is suitable for immediate placement of children when taken into custody or pending medical examination and court disposition. 13. 14. "Regular foster home" means a licensed foster home that is suitable for placement of not more than five minor children. 14. 15. "Relative" means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or first cousin. 15. 16. "Restrictive behavior management" means an intervention or procedure that attempts to guide, redirect, modify or manage behavior through the use of any of the following: (a) Physical force to cause a child to comply with a directive. Physical force does not include physical escort. For the purposes of this subdivision, "physical escort" means temporarily touching or holding a child's hand, wrist, arm, shoulder or back to induce the child to walk to a safe location. (b) A device, action or medication to restrict the movement or normal function of a child in order to control or change the child's behavior and that includes: (i) Chemical restraint. For the purposes of this item, "chemical restraint" means the use of any psychoactive medication as a restraint to control the child's behavior or to restrict the child's freedom of movement and that is not a standard treatment for the child's medical or psychiatric condition. (ii) Mechanical restraint. For the purposes of this item, "mechanical restraint" means the use of any physical device to limit a child's movement and to prevent the child from causing harm to self or to others. Mechanical restraint does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets or any other method that involves the physical holding of a child to conduct a routine physical examination or test or to protect the child from falling out of bed or to permit allow the child to participate in activities in order to reduce the risk of physical harm to the child. (iii) Physical restraint. For the purposes of this item, "physical restraint" means applying physical force to reduce or restrict a child's ability to freely move the child's arms, legs or head. Physical restraint does not include temporarily holding a child to permit allow the child to participate in activities of daily living if this holding does not involve the risk of physical harm to the child. (iv) Seclusion. For the purposes of this item, "seclusion" means placing a child against the child's will in a room in which the child is unable to open the door in order to prevent the child from doing harm to self or others. 16. 17. "Special foster home" means a licensed foster home that is capable of handling not more than five minor children who require special care for physical, mental or emotional reasons or who have been adjudicated delinquent. Special foster home includes any home handling foster children aged twelve through seventeen. B. A foster home or any classification of foster home defined in subsection A of this section includes a home having the care of persons who are under twenty-one years of age and the cost of whose care is provided pursuant to section 8-521.01. END_STATUTE Sec. 2. Section 8-514.03, Arizona Revised Statutes, is amended to read: START_STATUTE8-514.03. Kinship foster care; requirements; investigation; definition A. The department shall establish kinship foster care services for a child who has been removed from the child's home and who is in the custody of the department. The program shall promote require the placement of the child with the child's relative, an extended family member or a person with a significant relationship with the child for kinship foster care. B. A kinship foster care parent applicant who is not a licensed foster care parent shall be at least eighteen years of age. The applicant and each member of the applicant's household who is at least eighteen years of age shall submit a full set of fingerprints to the department of child safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of child safety shall determine if the applicant is able to meet the child's health and safety needs by conducting one or more home visits and interviewing the applicant. The department of child safety may interview other household members, review the applicant's personal and professional references and conduct department of child safety central registry checks. C. If the department determines that a kinship foster care placement is not in the best interest of the child, the department shall provide written notification to the applicant within fifteen business days. The notice shall include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision. D. A kinship foster care parent may be eligible to receive the following financial services for the child: 1. Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home or if the kinship foster care parent obtains a restricted license pursuant to section 8-509, subsection C. 2. Temporary assistance for needy families cash assistance payments for a child only case and supplemental financial support. E. The department shall establish procedures for child welfare workers to inform kinship foster care families about available financial and nonfinancial services and eligibility requirements and shall assist the families in completing the necessary application. F. If a family declines to apply for financial services, the family shall sign a statement indicating that the family declined services. The statement does not prevent the family from making application in the future. The worker shall provide a copy of the statement to the family. G. The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include: 1. Family assessment. 2. Case management. 3. Child day care. 4. Housing search and relocation. 5. Parenting skills training. 6. Supportive intervention and guidance counseling. 7. Transportation. 8. Emergency services. 9. Parent aid services. 10. Respite services. 11. Additional services that the department determines are necessary to meet the needs of the child and family. h. for the purposes of this section, "the best interest of the child" means placement with an adult relative or person with a significant relationship with the child if the adult relative or person with a significant relationship with the child has not been charged with or convicted of a DANGEROUS CRIME AGAINST CHILDREN AS defined in section 13-705. END_STATUTE Sec. 3. Section 8-514.07, Arizona Revised Statutes, is amended to read: START_STATUTE8-514.07. Kinship foster care; relative identification and notification; due diligence search A. If a child is taken into temporary custody, as part of the ongoing search, the department shall use due diligence in an initial search to identify and notify adult relatives or extended family members of the child and persons with a significant relationship with the child within thirty days after the child is taken into temporary custody. B. The search to identify adult relatives or extended family members of the child or persons with a significant relationship with the child must include: 1. An interview with the child's parent. 2. An interview with the child. 3. Interviews with identified adult relatives or extended family members. 4. Interviews with other persons who are likely to have information regarding the location of adult relatives or extended family members of the child or persons with a significant relationship with the child. 5. A comprehensive search of available records that are likely to help identify and locate a person being sought, including: (a) Employment records. (b) Vehicle registration records. (c) Child support enforcement records. (d) Utility accounts. (e) Previous residential addresses. (f) Law enforcement records. (g) State department of corrections records. 6. Thorough inquiries by the court of the parties during case hearings. 7. Any other means the department deems likely to identify adult relatives or extended family members of the child or persons with a significant relationship with the child. C. Within thirty days after the child is taken into temporary custody and at each subsequent review and report hearing or permanency planning hearing, the department shall file with the court documentation regarding attempts made pursuant to this section or as otherwise required by the court to identify and notify adult relatives or extended family members of the child and persons with a significant relationship with the child. This documentation shall include a detailed narrative explaining the department's efforts to consider each potential placement and the specific outcome. D. The department shall provide written notice to adult relatives or extended family members of the child and persons with a significant relationship with the child who are identified through the search requirements of this section. The notice shall do the following: 1. Specify that the child has been or is being removed from the child's parental custody. 2. Explain the options an adult relative or extended family member of the child or a person with a significant relationship with the child has to participate in the care or placement of the child. 3. Explain that financial assistance and other forms of support are available to adult relatives or extended family members of the child and persons with a significant relationship with the child with whom the child is placed. 4. Describe the process for becoming a licensed foster parent and the additional services and support that are available for children placed in approved foster homes. 5. Require an adult relative or extended family member of the child or a person with a significant relationship with the child to respond within thirty days after receiving notice that the child has been removed from the home. E. If the child is not placed with an adult relative or extended family member of the child or person with a significant relationship with the child or the child is placed with an adult relative or extended family member or person with a significant relationship with the child who is unable or unwilling to provide permanent placement for the child, the department shall continue to conduct an ongoing search for adult relatives or extended family members of the child or persons with a significant relationship with the child. The department shall engage in search efforts if ordered by the court, a change in the child's placement occurs or a party shows that the search is in the best interest of the child. F. The department shall file with the court every thirty days for a minimum of six months documentation of both of the following: 1. The completed due diligence search efforts. This documentation shall include: (a) The names of and relevant information about adult relatives or extended family members of the child or persons with a significant relationship with the child. (b) The steps taken by the department to locate and contact adult relatives or extended family members of the child or persons with a significant relationship with the child. (c) The written responses received from adult relatives or extended family members of the child or persons with a significant relationship with the child. (d) The dates of each attempted or completed contact with an adult relative or extended family member of the child or a person with a significant relationship with the child. (e) The reasons why an adult relative or extended family member of the child or a person with a significant relationship with the child was not considered for temporary or permanent placement of the child. 2. All efforts for placement of the child through an interstate compact agreement pursuant to section 8-548. This documentation shall include: (a) The names of adult relatives or extended family members of the child or persons with a significant relationship with the child who were considered for an interstate placement. (b) Any pending placement of the child through an interstate compact agreement. (c) All potential out-of-state placements outside of an interstate compact agreement and the reasons such placements have not been initiated. G. If an out-of-state placement option exists and the department has failed to file a request with the receiving state pursuant to the requirements of an interstate compact agreement pursuant to section 8-548, the court shall enter a finding that the department has not made a due diligence search and shall order the department to file a request with the receiving state pursuant to the terms of the interstate compact agreement. END_STATUTE Sec. 4. Section 8-529, Arizona Revised Statutes, is amended to read: START_STATUTE8-529. Children in foster care and kinship foster care; rights A. A child in foster care and or kinship foster care has the following rights: 1. To appropriate care and treatment in the least restrictive setting available that can meet the child's needs according to the best judgment of the foster parent, relative or extended family member of the child or person with a significant relationship with the child. 2. To live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect. 3. To be placed with a relative when such placement is in the best interest of the child or extended family member of the child or person with a significant relationship with the child unless the placement poses a risk to the child's safety or the safety of another member of the household. 4. To be placed with or in close proximity to the child's siblings when possible and to visit and have contact with siblings and family members when it is in the best interest of the child does not pose a risk to the child's safety or the safety of the child's siblings. 5. To know why the child is in foster care and what will happen to the child and to the child's family, including siblings, and case plans. 6. Whenever possible, to be placed with a foster family, relative or extended family member of the child or a person with a significant relationship with the child [, relative or extended family member of the child or a person with a significant relationship with the child]that can accommodate the child's communication needs. 7. To be disciplined in a manner that is appropriate to the child's level of maturity and not be subjected to physical discipline methods. 8. To attend community, school, extracurricular and religious services and activities of the child's choice to the extent that it is appropriate for the child, as planned and discussed with the child's placement worker and caseworker and based on caregiver ability if transportation is available through a responsible party. 9. To go to school and receive an education that fits the child's age and individual needs. If remaining in the child's current school is not in the child's best interest, the child has the right to be enrolled in the least restrictive school available. 10. To training in personal care, hygiene and grooming. 11. To clothing that fits comfortably and is adequate to protect the child against natural elements such as rain, snow, wind, cold and sun. 12. To have personal possessions at home and to acquire additional possessions within reasonable limits, as planned and discussed with the child's foster parent, relative or extended family member of the child or a person with a significant relationship with the child, placement worker and caseworker, and based on caregiver ability. 13. To personal space, preferably in the child's foster home or kinship foster home bedroom for storing clothing and belongings. 14. To healthy foods in healthy portions that are appropriate for the child's age. 15. To comply with any approved visitation plan, and to have any restrictions explained to the child in a manner and level of details deemed age appropriate by the foster parent, relative or extended family member of the child or a person with a significant relationship with the member of the child or person with a significant relationship with the child in agreement with the caseworker and documented in the child's record. 16. If the child is six years of age or older, to receive contact information for the child's caseworker, attorney or advocate and to speak with them in private if necessary. 17. To be represented by an attorney in all proceedings initiated pursuant to this title. 18. To participate in age appropriate child's service planning and permanency planning meetings and to be given a copy or summary of each service plan and service plan review. The child may request someone to participate on the child's behalf or to support the child in this participation. 19. To attend the child's court hearing and speak to the judge. 20. To have the child's records and personal information kept private and discussed only when it is about the child's care except the foster parent, relative or extended family member of the child or a person with a significant relationship with the child shall have full access to the records to determine if the child will be successful in the home. During the foster or kinship foster placement, if the foster parent, relative or extended family member of the child or a person with a relative or extended family member of the child or person with a significant relationship with the child requests to view the record on experiencing problems with the child's adjustment, the full record shall be made available for viewing by the foster parent, relative or extended family member of the child or a person with a significant relationship with family member of the child or person with a significant relationship with the child. 21. To receive medical, dental, vision and mental health services and to be informed about diagnoses and treatment options as is developmentally appropriate. 22. To be free of unnecessary or excessive medication. 23. To receive emotional, mental health or chemical dependency treatment separately from adults who are receiving services, as planned and discussed with the child's placement worker and caseworker, as is financially reasonable for the foster parent, relative or extended family member of the child or a person with a significant relationship with the member of the child or person with a significant relationship with the child. 24. To report a violation of personal rights specified in this section without fear of punishment, interference, coercion or retaliation, except that an appropriate level of punishment may be applied if the child is proven to have maliciously or wrongfully accused the foster parent. 25. To be informed in writing of the name, address, telephone number and purpose of the Arizona protection and advocacy system for disability assistance. 26. To understand and have a copy of the rights listed in this section. 27. To be updated at least every thirty days as to the status of the department's efforts to place the child in kinship foster care or in a care setting with the child's siblings, if requested by the child. B. A child in foster care or kinship foster care who is at least fourteen years of age has the following rights: 1. To attend preparation for adult living classes and activities as appropriate to the child's case plan, as is financially reasonable for the foster parent. 2. To a transition plan that includes career planning and assistance with enrolling in an educational or vocational job training program. 3. To be informed of educational opportunities, including information regarding assistance and funding for postsecondary and vocational education. 4. To assistance in obtaining an independent residency when the child is too old to remain in foster care from the child's caseworker, attorney or advocate. 5. To request a court hearing for a court to determine if the child has the capacity to consent to medical care that is directly related to an illness, disease, deformity or other physical malady. 6. To receive help with obtaining a driver license, social security number, birth certificate or state identification card and credit reports with assistance in interpreting the reports and resolving inaccuracies in the report. The foster parent, relative or extended family member of the child or a person with a significant relationship with the child shall have discretion to determine if the child is responsible and mature enough to become a licensed driver. 7. To receive necessary personal information within thirty days after leaving foster care or kinship foster care, including the child's birth certificate, immunization records and information contained in the child's education portfolio and health passport. 8. To participate in or reenter extended foster care when the child is at least eighteen and under twenty-one years of age pursuant to section 8-521.02. C. The department shall provide information regarding a child's rights pursuant to this section and assistance in understanding and enforcing these rights to each child who enters foster care or kinship foster care or when there is a change in the child's foster care or kinship foster care plan. The information shall also include the telephone number and email address of the department, the child's assigned case manager, the department's office of the ombudsman and the ombudsman-citizens aide. A copy of these rights shall be posted in a conspicuous place in all foster care and group homes. D. If a child who is in foster care or kinship foster care believes that the child's rights under this section have been violated, the child or the child's representative may: 1. File a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time. 2. Notify the juvenile court in the child's ongoing dependency, severance or adoption proceeding, either orally or in writing, that the child's rights are being violated and request appropriate equitable relief. The court shall act on the notification as necessary within its discretion to promote the best interest of the child. E. The rights provided in this section do not establish an independent cause of action. END_STATUTE Sec. 5. Section 8-801, Arizona Revised Statutes, is amended to read: START_STATUTE8-801. Definitions In this article and articles 9, 10, 11, 12, 13 and 14 of this chapter, unless the context otherwise requires: 1. "Child safety services" means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent, intervene in and treat abuse and neglect, to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family. 2. "Child safety worker" or "worker" means a person who has been selected by and trained under the requirements prescribed by the department and who assists in carrying out the provisions of this article. 3. "DCS information": (a) Includes all information the department gathers during the course of an investigation conducted under this chapter from the time a file is opened and until it is closed. (b) Does not include information that is contained in child welfare agency licensing records. 4. "extended family member" has the same meaning prescribed in section 8-501. 4. 5. "In-home intervention" means a program of services provided pursuant to article 14 of this chapter while the child is still in the custody of the parent, guardian or custodian. 5. 6. "Relative" has the same meaning prescribed in section 8-501. END_STATUTE Sec. 6. Section 8-824, Arizona Revised Statutes, is amended to read: START_STATUTE8-824. Preliminary protective hearing; probable cause; appointment of counsel; abuse of judicial discretion A. The court shall hold a preliminary protective hearing to review the taking into temporary custody of a child pursuant to section 8-821 not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays, Sundays and holidays. If clearly necessary to prevent abuse or neglect, to preserve the rights of a party or for other good cause shown, the court may grant one continuance that does not exceed five days. B. The following persons shall be present at the preliminary protective hearing: 1. The child's parents or guardian, unless they cannot be located or they fail to appear in response to the notice. 2. Counsel for the parents if one has been requested or retained. 3. The child's guardian ad litem or attorney. 4. The child safety worker and additional representatives of the department if requested by the department. 5. Counsel for the child safety worker. C. If the court finds that it is in the best interests of the child, the court may allow the following to be present at the preliminary protective hearing: 1. The child. 2. Any relative or other interested person with whom the child is or might be placed as described in section 8-845, subsection A. 3. Witnesses called by the parties. 4. An advocate or interested person as requested by the parent or guardian. 5. Other persons who have knowledge of or an interest in the welfare of the child. D. At the hearing, the court shall advise the parent or guardian of the following rights: 1. The right to counsel, including appointed counsel if the parent or guardian is indigent. 2. The right to cross-examine all witnesses who are called to testify against the parent or guardian. 3. The right to trial by court on the allegations in the petition. 4. The right to use the process of the court to compel the attendance of witnesses. E. At the hearing, the court: 1. Shall receive a report of any agreement reached pursuant to section 8-823, subsection D. The report may be made orally. 2. Shall provide an opportunity for the child's parent or guardian, if present, and any other person who has relevant knowledge, to provide relevant testimony. 3. May limit testimony and evidence that is beyond the scope of the removal of the child, the child's need for continued protection, placement, visitation and services to be provided to the child and family. 4. May take into consideration as a mitigating factor the participation of the parent or guardian in the healthy families program established by section 8-481. 5. Shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services. 6. Shall inform the child's parent or guardian that the hearing may result in further proceedings to terminate parental rights. 7. Shall order the parent or guardian to provide the court with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent or guardian shall inform the court of this fact. The court shall further order the parent or guardian to inform the department immediately if the parent or guardian becomes aware of information related to the existence or location of a relative or person with a significant relationship to the child. 8. Shall inform the parent that substantially neglecting or wilfully refusing to remedy the circumstances that cause the child to be in an out-of-home placement, including refusing to participate in reunification services, is grounds for termination of parental rights to a child. 9. Shall give paramount consideration to the health and safety of the child. 10. Shall determine whether the department is attempting to identify and assess placement of the child with a grandparent relative or another member of the child's extended family member of the child including a person who has a significant relationship with the child. 11. Shall inform a foster parent, a preadoptive parent or a member of the child's extended family with whom the department has placed the child of the right to be heard in any proceeding to be held with respect to the child. F. The petitioner has the burden of presenting evidence as to whether there is probable cause to believe that continued temporary custody is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition. G. The department must make reasonable efforts to place a child with siblings and, if that is not possible, to maintain frequent visitation or other ongoing contact between all siblings. H. If the child is in the temporary custody of the department, the department shall submit not later than the day five days before the hearing a written report to the court and the parties that states: 1. The reasons the child was removed from the parent's or guardian's custody. 2. Any services that have been provided to the child or the child's parent or guardian to prevent removal. 3. The need, if any, for continued temporary custody. 4. The types of service needed to facilitate the return of the child to the custody of the child's parents or guardian. 5. If the child is not placed with a grandparent relative or extended family member of the child or with another interested party, whether the child has any relatives, extended family members or other interested parties as described in section 8-845, subsection A who may be able and willing to take temporary custody. 6. Any services that are requested by the parent or guardian but that are not provided and the reasons the services were not provided. 7. What efforts the department has made to place siblings together, and if they are not placed together, the specific reasons why this did not occur. 8. If the placement of siblings together was not possible for all or any of the siblings, efforts the department has made to facilitate communications among siblings and a proposal for frequent visitation or contact pursuant to subsection G of this section. If frequent visitation or contact with siblings is not recommended, the department shall state the reasons why this would be contrary to the child's or a sibling's safety or well-being. 9. A proposal for visitation with the child's parents or guardian and the results of any visitation that has occurred since the child was removed. The requirements of this paragraph do not apply to a specific parent or guardian if there is a court order relating to a criminal case that prohibits that parent or guardian from contact with the child. Before the department allows visitation it must first determine that there are no court orders relating to any superior court criminal case that prohibit the parent or guardian from contact with the child. 10. A proposed case plan for services to the family. 11. The department's efforts to identify, notify and assess adult relatives of the child and persons with a significant relationship with the child pursuant to section 8-514.07. I. The parent or guardian shall state whether the parent or guardian admits or denies the allegations in the petition filed pursuant to section 8-841. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection D of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights. J. At the hearing, if the child is not returned to the parent or guardian, the court shall: 1. Enter orders regarding the placement of the child pending the determination of the dependency petition and visitation, if any. 2. If a relative is identified as a possible placement for the child, notify the relative of the right to be heard in any proceeding to be held with respect to the child. 3. Determine if the tasks and services set forth in the case plan are reasonable and necessary to carry out the case plan. k. It is an abuse of judicial discretion if the court fails to order the placement of a child with a relative or extended family member of the child, including a person who has a significant relationship with the child, pursuant to section 8-529, if such a placement is available and in the best interest of the child. END_STATUTE Sec. 7. Section 8-842, Arizona Revised Statutes, is amended to read: START_STATUTE8-842. Initial dependency hearing; deadlines; abuse of judicial discretion A. Except as provided in section 8-826, the court shall set the initial dependency hearing within twenty-one days after the petition is filed. If service by publication is required, the court may set an initial dependency hearing within a time period to allow for publication pursuant to the rules of procedure for the juvenile court. B. At the initial dependency hearing, the court shall: 1. Determine if whether the parent or guardian is providing the court and the department with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. 2. Determine that whether the department is conducting a due diligence search pursuant to section 8-514.07 and attempting to identify and assess placement of the child with a grandparent relative or another member of the child's extended family member including a person who has a significant relationship with the child and shall order that the child be placed with a relative or extended family of the child including a person who has a significant relationship with the child if such a placement is available and in the best interest of the child. 3. If the child has siblings, determine that whether the department is attempting to identify and assess placement of the child with the child's siblings if this is possible and is in the child's best interests. 4. Within forty-eight hours after the initial dependency hearing, order that the child be placed with a relative or extended family member including a person who has a significant relationship with the child if such a placement is available and in the best interest of the child. C. Unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition. d. It is an abuse of judicial discretion if the court fails to order the placement of a child with a relative or extended family member of the child including a person who has a significant relationship with the child if such a placement is available and in the best interest of the child pursuant to section 8-529. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-501, Arizona Revised Statutes, is amended to read:
START_STATUTE8-501. Definitions
A. In this article, unless the context otherwise requires:
1. "Child developmental certified home" means a regular foster home that is licensed pursuant to section 8-509 and that is certified by the department of economic security pursuant to section 36-593.01.
2. "Child welfare agency" or "agency":
(a) Means:
(i) Any agency or institution that is maintained by a person, firm, corporation, association or organization to receive children for care and maintenance or for twenty-four hour social, emotional or educational supervised care or who have been adjudicated as a delinquent or dependent child.
(ii) Any institution that provides care for unmarried mothers and their children.
(iii) Any agency that is maintained by this state, a political subdivision of this state or a person, firm, corporation, association or organization to place children or unmarried mothers in a foster home.
(b) Does not include state operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to title 36, chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques.
3. "Division" or "department" means the department of child safety.
4. "extended family member" means an adult person who has a biological connection to the child by an intact marriage or who has a connection to the child by marriage to a biological family member of the child.
4. 5. "Former dependent child" means a person who was previously adjudicated a dependent child in a dependency proceeding that has been dismissed by order of the juvenile court.
5. 6. "Foster child" means a child placed in a foster home or child welfare agency.
6. 7. "Foster home" means a home that is maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.
7. 8. "Foster parent" means any individual or individuals maintaining a foster home.
8. 9. "Group foster home" means a licensed regular or special foster home that is suitable for placement of more than five minor children but not more than ten minor children.
9. 10. "Out-of-home placement" means the placing of a child in the custody of an individual or agency other than with the child's parent or legal guardian and includes placement in temporary custody pursuant to section 8-821, voluntary placement pursuant to section 8-806 or placement due to dependency actions.
10. 11. "Parent" means the natural or adoptive mother or father of a child.
11. 12. "Reason for leaving care" means one of the following:
(a) Reunification with a parent or primary caretaker.
(b) Living with another relative.
(c) Adoption by a relative.
(d) Adoption by a foster parent.
(e) Adoption by another person.
(f) Age of majority.
(g) Guardianship by a relative.
(h) Guardianship by another person.
(i) Transfer to another agency.
(j) Runaway.
(k) Death.
12. 13. "Receiving foster home" means a licensed foster home that is suitable for immediate placement of children when taken into custody or pending medical examination and court disposition.
13. 14. "Regular foster home" means a licensed foster home that is suitable for placement of not more than five minor children.
14. 15. "Relative" means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or first cousin.
15. 16. "Restrictive behavior management" means an intervention or procedure that attempts to guide, redirect, modify or manage behavior through the use of any of the following:
(a) Physical force to cause a child to comply with a directive. Physical force does not include physical escort. For the purposes of this subdivision, "physical escort" means temporarily touching or holding a child's hand, wrist, arm, shoulder or back to induce the child to walk to a safe location.
(b) A device, action or medication to restrict the movement or normal function of a child in order to control or change the child's behavior and that includes:
(i) Chemical restraint. For the purposes of this item, "chemical restraint" means the use of any psychoactive medication as a restraint to control the child's behavior or to restrict the child's freedom of movement and that is not a standard treatment for the child's medical or psychiatric condition.
(ii) Mechanical restraint. For the purposes of this item, "mechanical restraint" means the use of any physical device to limit a child's movement and to prevent the child from causing harm to self or to others. Mechanical restraint does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets or any other method that involves the physical holding of a child to conduct a routine physical examination or test or to protect the child from falling out of bed or to permit allow the child to participate in activities in order to reduce the risk of physical harm to the child.
(iii) Physical restraint. For the purposes of this item, "physical restraint" means applying physical force to reduce or restrict a child's ability to freely move the child's arms, legs or head. Physical restraint does not include temporarily holding a child to permit allow the child to participate in activities of daily living if this holding does not involve the risk of physical harm to the child.
(iv) Seclusion. For the purposes of this item, "seclusion" means placing a child against the child's will in a room in which the child is unable to open the door in order to prevent the child from doing harm to self or others.
16. 17. "Special foster home" means a licensed foster home that is capable of handling not more than five minor children who require special care for physical, mental or emotional reasons or who have been adjudicated delinquent. Special foster home includes any home handling foster children aged twelve through seventeen.
B. A foster home or any classification of foster home defined in subsection A of this section includes a home having the care of persons who are under twenty-one years of age and the cost of whose care is provided pursuant to section 8-521.01. END_STATUTE
Sec. 2. Section 8-514.03, Arizona Revised Statutes, is amended to read:
START_STATUTE8-514.03. Kinship foster care; requirements; investigation; definition
A. The department shall establish kinship foster care services for a child who has been removed from the child's home and who is in the custody of the department. The program shall promote require the placement of the child with the child's relative, an extended family member or a person with a significant relationship with the child for kinship foster care.
B. A kinship foster care parent applicant who is not a licensed foster care parent shall be at least eighteen years of age. The applicant and each member of the applicant's household who is at least eighteen years of age shall submit a full set of fingerprints to the department of child safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of child safety shall determine if the applicant is able to meet the child's health and safety needs by conducting one or more home visits and interviewing the applicant. The department of child safety may interview other household members, review the applicant's personal and professional references and conduct department of child safety central registry checks.
C. If the department determines that a kinship foster care placement is not in the best interest of the child, the department shall provide written notification to the applicant within fifteen business days. The notice shall include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision.
D. A kinship foster care parent may be eligible to receive the following financial services for the child:
1. Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home or if the kinship foster care parent obtains a restricted license pursuant to section 8-509, subsection C.
2. Temporary assistance for needy families cash assistance payments for a child only case and supplemental financial support.
E. The department shall establish procedures for child welfare workers to inform kinship foster care families about available financial and nonfinancial services and eligibility requirements and shall assist the families in completing the necessary application.
F. If a family declines to apply for financial services, the family shall sign a statement indicating that the family declined services. The statement does not prevent the family from making application in the future. The worker shall provide a copy of the statement to the family.
G. The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include:
1. Family assessment.
2. Case management.
3. Child day care.
4. Housing search and relocation.
5. Parenting skills training.
6. Supportive intervention and guidance counseling.
7. Transportation.
8. Emergency services.
9. Parent aid services.
10. Respite services.
11. Additional services that the department determines are necessary to meet the needs of the child and family.
h. for the purposes of this section, "the best interest of the child" means placement with an adult relative or person with a significant relationship with the child if the adult relative or person with a significant relationship with the child has not been charged with or convicted of a DANGEROUS CRIME AGAINST CHILDREN AS defined in section 13-705. END_STATUTE
Sec. 3. Section 8-514.07, Arizona Revised Statutes, is amended to read:
START_STATUTE8-514.07. Kinship foster care; relative identification and notification; due diligence search
A. If a child is taken into temporary custody, as part of the ongoing search, the department shall use due diligence in an initial search to identify and notify adult relatives or extended family members of the child and persons with a significant relationship with the child within thirty days after the child is taken into temporary custody.
B. The search to identify adult relatives or extended family members of the child or persons with a significant relationship with the child must include:
1. An interview with the child's parent.
2. An interview with the child.
3. Interviews with identified adult relatives or extended family members.
4. Interviews with other persons who are likely to have information regarding the location of adult relatives or extended family members of the child or persons with a significant relationship with the child.
5. A comprehensive search of available records that are likely to help identify and locate a person being sought, including:
(a) Employment records.
(b) Vehicle registration records.
(c) Child support enforcement records.
(d) Utility accounts.
(e) Previous residential addresses.
(f) Law enforcement records.
(g) State department of corrections records.
6. Thorough inquiries by the court of the parties during case hearings.
7. Any other means the department deems likely to identify adult relatives or extended family members of the child or persons with a significant relationship with the child.
C. Within thirty days after the child is taken into temporary custody and at each subsequent review and report hearing or permanency planning hearing, the department shall file with the court documentation regarding attempts made pursuant to this section or as otherwise required by the court to identify and notify adult relatives or extended family members of the child and persons with a significant relationship with the child. This documentation shall include a detailed narrative explaining the department's efforts to consider each potential placement and the specific outcome.
D. The department shall provide written notice to adult relatives or extended family members of the child and persons with a significant relationship with the child who are identified through the search requirements of this section. The notice shall do the following:
1. Specify that the child has been or is being removed from the child's parental custody.
2. Explain the options an adult relative or extended family member of the child or a person with a significant relationship with the child has to participate in the care or placement of the child.
3. Explain that financial assistance and other forms of support are available to adult relatives or extended family members of the child and persons with a significant relationship with the child with whom the child is placed.
4. Describe the process for becoming a licensed foster parent and the additional services and support that are available for children placed in approved foster homes.
5. Require an adult relative or extended family member of the child or a person with a significant relationship with the child to respond within thirty days after receiving notice that the child has been removed from the home.
E. If the child is not placed with an adult relative or extended family member of the child or person with a significant relationship with the child or the child is placed with an adult relative or extended family member or person with a significant relationship with the child who is unable or unwilling to provide permanent placement for the child, the department shall continue to conduct an ongoing search for adult relatives or extended family members of the child or persons with a significant relationship with the child. The department shall engage in search efforts if ordered by the court, a change in the child's placement occurs or a party shows that the search is in the best interest of the child.
F. The department shall file with the court every thirty days for a minimum of six months documentation of both of the following:
1. The completed due diligence search efforts. This documentation shall include:
(a) The names of and relevant information about adult relatives or extended family members of the child or persons with a significant relationship with the child.
(b) The steps taken by the department to locate and contact adult relatives or extended family members of the child or persons with a significant relationship with the child.
(c) The written responses received from adult relatives or extended family members of the child or persons with a significant relationship with the child.
(d) The dates of each attempted or completed contact with an adult relative or extended family member of the child or a person with a significant relationship with the child.
(e) The reasons why an adult relative or extended family member of the child or a person with a significant relationship with the child was not considered for temporary or permanent placement of the child.
2. All efforts for placement of the child through an interstate compact agreement pursuant to section 8-548. This documentation shall include:
(a) The names of adult relatives or extended family members of the child or persons with a significant relationship with the child who were considered for an interstate placement.
(b) Any pending placement of the child through an interstate compact agreement.
(c) All potential out-of-state placements outside of an interstate compact agreement and the reasons such placements have not been initiated.
G. If an out-of-state placement option exists and the department has failed to file a request with the receiving state pursuant to the requirements of an interstate compact agreement pursuant to section 8-548, the court shall enter a finding that the department has not made a due diligence search and shall order the department to file a request with the receiving state pursuant to the terms of the interstate compact agreement. END_STATUTE
Sec. 4. Section 8-529, Arizona Revised Statutes, is amended to read:
START_STATUTE8-529. Children in foster care and kinship foster care; rights
A. A child in foster care and or kinship foster care has the following rights:
1. To appropriate care and treatment in the least restrictive setting available that can meet the child's needs according to the best judgment of the foster parent, relative or extended family member of the child or person with a significant relationship with the child.
2. To live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect.
3. To be placed with a relative when such placement is in the best interest of the child or extended family member of the child or person with a significant relationship with the child unless the placement poses a risk to the child's safety or the safety of another member of the household.
4. To be placed with or in close proximity to the child's siblings when possible and to visit and have contact with siblings and family members when it is in the best interest of the child does not pose a risk to the child's safety or the safety of the child's siblings.
5. To know why the child is in foster care and what will happen to the child and to the child's family, including siblings, and case plans.
6. Whenever possible, to be placed with a foster family, relative or extended family member of the child or a person with a significant relationship with the child [, relative or extended family member of the child or a person with a significant relationship with the child]that can accommodate the child's communication needs.
7. To be disciplined in a manner that is appropriate to the child's level of maturity and not be subjected to physical discipline methods.
8. To attend community, school, extracurricular and religious services and activities of the child's choice to the extent that it is appropriate for the child, as planned and discussed with the child's placement worker and caseworker and based on caregiver ability if transportation is available through a responsible party.
9. To go to school and receive an education that fits the child's age and individual needs. If remaining in the child's current school is not in the child's best interest, the child has the right to be enrolled in the least restrictive school available.
10. To training in personal care, hygiene and grooming.
11. To clothing that fits comfortably and is adequate to protect the child against natural elements such as rain, snow, wind, cold and sun.
12. To have personal possessions at home and to acquire additional possessions within reasonable limits, as planned and discussed with the child's foster parent, relative or extended family member of the child or a person with a significant relationship with the child, placement worker and caseworker, and based on caregiver ability.
13. To personal space, preferably in the child's foster home or kinship foster home bedroom for storing clothing and belongings.
14. To healthy foods in healthy portions that are appropriate for the child's age.
15. To comply with any approved visitation plan, and to have any restrictions explained to the child in a manner and level of details deemed age appropriate by the foster parent, relative or extended family member of the child or a person with a significant relationship with the member of the child or person with a significant relationship with the child in agreement with the caseworker and documented in the child's record.
16. If the child is six years of age or older, to receive contact information for the child's caseworker, attorney or advocate and to speak with them in private if necessary.
17. To be represented by an attorney in all proceedings initiated pursuant to this title.
18. To participate in age appropriate child's service planning and permanency planning meetings and to be given a copy or summary of each service plan and service plan review. The child may request someone to participate on the child's behalf or to support the child in this participation.
19. To attend the child's court hearing and speak to the judge.
20. To have the child's records and personal information kept private and discussed only when it is about the child's care except the foster parent, relative or extended family member of the child or a person with a significant relationship with the child shall have full access to the records to determine if the child will be successful in the home. During the foster or kinship foster placement, if the foster parent, relative or extended family member of the child or a person with a relative or extended family member of the child or person with a significant relationship with the child requests to view the record on experiencing problems with the child's adjustment, the full record shall be made available for viewing by the foster parent, relative or extended family member of the child or a person with a significant relationship with family member of the child or person with a significant relationship with the child.
21. To receive medical, dental, vision and mental health services and to be informed about diagnoses and treatment options as is developmentally appropriate.
22. To be free of unnecessary or excessive medication.
23. To receive emotional, mental health or chemical dependency treatment separately from adults who are receiving services, as planned and discussed with the child's placement worker and caseworker, as is financially reasonable for the foster parent, relative or extended family member of the child or a person with a significant relationship with the member of the child or person with a significant relationship with the child.
24. To report a violation of personal rights specified in this section without fear of punishment, interference, coercion or retaliation, except that an appropriate level of punishment may be applied if the child is proven to have maliciously or wrongfully accused the foster parent.
25. To be informed in writing of the name, address, telephone number and purpose of the Arizona protection and advocacy system for disability assistance.
26. To understand and have a copy of the rights listed in this section.
27. To be updated at least every thirty days as to the status of the department's efforts to place the child in kinship foster care or in a care setting with the child's siblings, if requested by the child.
B. A child in foster care or kinship foster care who is at least fourteen years of age has the following rights:
1. To attend preparation for adult living classes and activities as appropriate to the child's case plan, as is financially reasonable for the foster parent.
2. To a transition plan that includes career planning and assistance with enrolling in an educational or vocational job training program.
3. To be informed of educational opportunities, including information regarding assistance and funding for postsecondary and vocational education.
4. To assistance in obtaining an independent residency when the child is too old to remain in foster care from the child's caseworker, attorney or advocate.
5. To request a court hearing for a court to determine if the child has the capacity to consent to medical care that is directly related to an illness, disease, deformity or other physical malady.
6. To receive help with obtaining a driver license, social security number, birth certificate or state identification card and credit reports with assistance in interpreting the reports and resolving inaccuracies in the report. The foster parent, relative or extended family member of the child or a person with a significant relationship with the child shall have discretion to determine if the child is responsible and mature enough to become a licensed driver.
7. To receive necessary personal information within thirty days after leaving foster care or kinship foster care, including the child's birth certificate, immunization records and information contained in the child's education portfolio and health passport.
8. To participate in or reenter extended foster care when the child is at least eighteen and under twenty-one years of age pursuant to section 8-521.02.
C. The department shall provide information regarding a child's rights pursuant to this section and assistance in understanding and enforcing these rights to each child who enters foster care or kinship foster care or when there is a change in the child's foster care or kinship foster care plan. The information shall also include the telephone number and email address of the department, the child's assigned case manager, the department's office of the ombudsman and the ombudsman-citizens aide. A copy of these rights shall be posted in a conspicuous place in all foster care and group homes.
D. If a child who is in foster care or kinship foster care believes that the child's rights under this section have been violated, the child or the child's representative may:
1. File a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time.
2. Notify the juvenile court in the child's ongoing dependency, severance or adoption proceeding, either orally or in writing, that the child's rights are being violated and request appropriate equitable relief. The court shall act on the notification as necessary within its discretion to promote the best interest of the child.
E. The rights provided in this section do not establish an independent cause of action. END_STATUTE
Sec. 5. Section 8-801, Arizona Revised Statutes, is amended to read:
START_STATUTE8-801. Definitions
In this article and articles 9, 10, 11, 12, 13 and 14 of this chapter, unless the context otherwise requires:
1. "Child safety services" means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks to prevent, intervene in and treat abuse and neglect, to promote the well-being of the child in a permanent home and to coordinate services to strengthen the family.
2. "Child safety worker" or "worker" means a person who has been selected by and trained under the requirements prescribed by the department and who assists in carrying out the provisions of this article.
3. "DCS information":
(a) Includes all information the department gathers during the course of an investigation conducted under this chapter from the time a file is opened and until it is closed.
(b) Does not include information that is contained in child welfare agency licensing records.
4. "extended family member" has the same meaning prescribed in section 8-501.
4. 5. "In-home intervention" means a program of services provided pursuant to article 14 of this chapter while the child is still in the custody of the parent, guardian or custodian.
5. 6. "Relative" has the same meaning prescribed in section 8-501. END_STATUTE
Sec. 6. Section 8-824, Arizona Revised Statutes, is amended to read:
START_STATUTE8-824. Preliminary protective hearing; probable cause; appointment of counsel; abuse of judicial discretion
A. The court shall hold a preliminary protective hearing to review the taking into temporary custody of a child pursuant to section 8-821 not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays, Sundays and holidays. If clearly necessary to prevent abuse or neglect, to preserve the rights of a party or for other good cause shown, the court may grant one continuance that does not exceed five days.
B. The following persons shall be present at the preliminary protective hearing:
1. The child's parents or guardian, unless they cannot be located or they fail to appear in response to the notice.
2. Counsel for the parents if one has been requested or retained.
3. The child's guardian ad litem or attorney.
4. The child safety worker and additional representatives of the department if requested by the department.
5. Counsel for the child safety worker.
C. If the court finds that it is in the best interests of the child, the court may allow the following to be present at the preliminary protective hearing:
1. The child.
2. Any relative or other interested person with whom the child is or might be placed as described in section 8-845, subsection A.
3. Witnesses called by the parties.
4. An advocate or interested person as requested by the parent or guardian.
5. Other persons who have knowledge of or an interest in the welfare of the child.
D. At the hearing, the court shall advise the parent or guardian of the following rights:
1. The right to counsel, including appointed counsel if the parent or guardian is indigent.
2. The right to cross-examine all witnesses who are called to testify against the parent or guardian.
3. The right to trial by court on the allegations in the petition.
4. The right to use the process of the court to compel the attendance of witnesses.
E. At the hearing, the court:
1. Shall receive a report of any agreement reached pursuant to section 8-823, subsection D. The report may be made orally.
2. Shall provide an opportunity for the child's parent or guardian, if present, and any other person who has relevant knowledge, to provide relevant testimony.
3. May limit testimony and evidence that is beyond the scope of the removal of the child, the child's need for continued protection, placement, visitation and services to be provided to the child and family.
4. May take into consideration as a mitigating factor the participation of the parent or guardian in the healthy families program established by section 8-481.
5. Shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.
6. Shall inform the child's parent or guardian that the hearing may result in further proceedings to terminate parental rights.
7. Shall order the parent or guardian to provide the court with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent or guardian shall inform the court of this fact. The court shall further order the parent or guardian to inform the department immediately if the parent or guardian becomes aware of information related to the existence or location of a relative or person with a significant relationship to the child.
8. Shall inform the parent that substantially neglecting or wilfully refusing to remedy the circumstances that cause the child to be in an out-of-home placement, including refusing to participate in reunification services, is grounds for termination of parental rights to a child.
9. Shall give paramount consideration to the health and safety of the child.
10. Shall determine whether the department is attempting to identify and assess placement of the child with a grandparent relative or another member of the child's extended family member of the child including a person who has a significant relationship with the child.
11. Shall inform a foster parent, a preadoptive parent or a member of the child's extended family with whom the department has placed the child of the right to be heard in any proceeding to be held with respect to the child.
F. The petitioner has the burden of presenting evidence as to whether there is probable cause to believe that continued temporary custody is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition.
G. The department must make reasonable efforts to place a child with siblings and, if that is not possible, to maintain frequent visitation or other ongoing contact between all siblings.
H. If the child is in the temporary custody of the department, the department shall submit not later than the day five days before the hearing a written report to the court and the parties that states:
1. The reasons the child was removed from the parent's or guardian's custody.
2. Any services that have been provided to the child or the child's parent or guardian to prevent removal.
3. The need, if any, for continued temporary custody.
4. The types of service needed to facilitate the return of the child to the custody of the child's parents or guardian.
5. If the child is not placed with a grandparent relative or extended family member of the child or with another interested party, whether the child has any relatives, extended family members or other interested parties as described in section 8-845, subsection A who may be able and willing to take temporary custody.
6. Any services that are requested by the parent or guardian but that are not provided and the reasons the services were not provided.
7. What efforts the department has made to place siblings together, and if they are not placed together, the specific reasons why this did not occur.
8. If the placement of siblings together was not possible for all or any of the siblings, efforts the department has made to facilitate communications among siblings and a proposal for frequent visitation or contact pursuant to subsection G of this section. If frequent visitation or contact with siblings is not recommended, the department shall state the reasons why this would be contrary to the child's or a sibling's safety or well-being.
9. A proposal for visitation with the child's parents or guardian and the results of any visitation that has occurred since the child was removed. The requirements of this paragraph do not apply to a specific parent or guardian if there is a court order relating to a criminal case that prohibits that parent or guardian from contact with the child. Before the department allows visitation it must first determine that there are no court orders relating to any superior court criminal case that prohibit the parent or guardian from contact with the child.
10. A proposed case plan for services to the family.
11. The department's efforts to identify, notify and assess adult relatives of the child and persons with a significant relationship with the child pursuant to section 8-514.07.
I. The parent or guardian shall state whether the parent or guardian admits or denies the allegations in the petition filed pursuant to section 8-841. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection D of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.
J. At the hearing, if the child is not returned to the parent or guardian, the court shall:
1. Enter orders regarding the placement of the child pending the determination of the dependency petition and visitation, if any.
2. If a relative is identified as a possible placement for the child, notify the relative of the right to be heard in any proceeding to be held with respect to the child.
3. Determine if the tasks and services set forth in the case plan are reasonable and necessary to carry out the case plan.
k. It is an abuse of judicial discretion if the court fails to order the placement of a child with a relative or extended family member of the child, including a person who has a significant relationship with the child, pursuant to section 8-529, if such a placement is available and in the best interest of the child. END_STATUTE
Sec. 7. Section 8-842, Arizona Revised Statutes, is amended to read:
START_STATUTE8-842. Initial dependency hearing; deadlines; abuse of judicial discretion
A. Except as provided in section 8-826, the court shall set the initial dependency hearing within twenty-one days after the petition is filed. If service by publication is required, the court may set an initial dependency hearing within a time period to allow for publication pursuant to the rules of procedure for the juvenile court.
B. At the initial dependency hearing, the court shall:
1. Determine if whether the parent or guardian is providing the court and the department with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.
2. Determine that whether the department is conducting a due diligence search pursuant to section 8-514.07 and attempting to identify and assess placement of the child with a grandparent relative or another member of the child's extended family member including a person who has a significant relationship with the child and shall order that the child be placed with a relative or extended family of the child including a person who has a significant relationship with the child if such a placement is available and in the best interest of the child.
3. If the child has siblings, determine that whether the department is attempting to identify and assess placement of the child with the child's siblings if this is possible and is in the child's best interests.
4. Within forty-eight hours after the initial dependency hearing, order that the child be placed with a relative or extended family member including a person who has a significant relationship with the child if such a placement is available and in the best interest of the child.
C. Unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition.
d. It is an abuse of judicial discretion if the court fails to order the placement of a child with a relative or extended family member of the child including a person who has a significant relationship with the child if such a placement is available and in the best interest of the child pursuant to section 8-529. END_STATUTE