Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2671
DCS; kinship care placement; requirement
Purpose
Adds extended family members to the list of persons who qualify as a kinship foster care
placement and requires extended family members to be included in all investigations and
proceedings related to identifying a kinship foster care placement for a child in the temporary
custody of the Department of Child Safety (DCS).
Background
DCS was established with the primary purpose of protecting children. Required DCS duties
necessary to achieve that purpose include: 1) investigating reports of abuse and neglect;
2) assessing, promoting and supporting the safety of a child in a safe and stable family; 3) working
cooperatively with law enforcement regarding reports that include criminal conduct allegations;
and 4) without compromising child safety, coordinating services to achieve and maintain
permanency on behalf of the child, strengthen the family and provide child-safety prevention,
intervention and treatment services (A.R.S. § 8-451).
If a child is taken into temporary custody, as part of the ongoing search, DCS must use due
diligence in an initial search to identify and notify any adult relatives or any persons with a
significant relationship with the child (kinship caregivers) within 30 days. The placement of a child
who is in DCS custody is determined by the best interests of the child, and DCS must establish
kinship foster care services for a child who has been removed from the child's home (A.R.S.
§§ 8-514.03 and 8-514.07).
In 2023, the Legislature passed H.B. 2313, which prescribed various procedures for DCS
to follow when conducting a search to identify a child's kinship caregivers, including that DCS
must file documentation with the court regarding attempts made to identify and notify any kinship
caregivers within 30 days of the child being taken into temporary custody and at each subsequent
hearing (Laws 2023, Ch. 87).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the kinship foster care program established by DCS to require, rather than promote,
the placement of a child with a kinship caregiver.
2. Adds extended family members as kinship caregivers for the placement of a child who has
been removed from the child's home and is in the temporary custody of DCS. FACT SHEET
H.B. 2671
Page 2
3. Includes extended family members under procedures relating to the search to identify and
notify kinship caregivers when a child is taken into temporary DCS custody.
4. Requires the report filed by DCS regarding continued efforts to identify and locate kinship
foster care placements for a child to be filed with the court every 30 days for at least 6 months.
5. Adds extended family members to statute governing the rights of children in foster care and
kinship foster care.
6. Replaces the right of a foster child to be placed with a relative when the placement is in the
best interest of the child with the right to be placed with a relative or kinship foster caregiver,
unless the placement poses a risk to the child's safety or the safety of another member of the
household.
7. Grants a foster child the right 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 the right
does not pose a risk to the child's safety or the safety of the child's siblings, rather than when
it is in the best interest of the child.
8. Modifies the list of rights granted to foster children to include the right to be updated at least
every 30 days on the status of DCS'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.
9. Removes the specification that the rights granted to foster children do not establish an
independent cause of action.
10. Requires the court to order a child to be placed with a kinship caregiver within 48-hours after
an initial dependency hearing if the placement is available and in the best interest of the child.
11. Deems, as an abuse of judicial discretion, the failure of the court to order the placement of a
child with a kinship caregiver after an initial dependency or preliminary protective hearing, if
the placement is available and in the best interests of the child.
12. Requires DCS to submit the written report related to a removed child's case to the court and
parties five days before, rather than the day before, a preliminary protective hearing.
13. Specifies that the notice provided by DCS to identified potential kinship caregivers must be a
written notice.
14. Defines extended family member as 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.
15. Defines the best interest of the child, for the purpose of determining whether or not to place a
child in a kinship foster care setting, as a placement with an adult relative or person with a
significant relationship with the child if the person has not been charged with or convicted of
a dangerous crime against children.
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date. FACT SHEET
H.B. 2671
Page 3
House Action
GOV 2/12/25 DPA 4-3-0-0
3
rd
Read 2/26/25 33-27-0
Prepared by Senate Research
March 24, 2025
ZD/KS/ci