Bill Text: AZ HB2361 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: DCS; removal of children
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2024-02-12 - House HHS Committee action: Failed To Pass, voting: (4-6-0-0-0-0) [HB2361 Detail]
Download: Arizona-2024-HB2361-Introduced.html
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REFERENCE TITLE: DCS; removal of children |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2361 |
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Introduced by Representatives Diaz: Parker B
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An Act
amending sections 8-809.01, 8-821 and 8-882, Arizona Revised Statutes; amending title 8, chapter 4, article 9, Arizona Revised Statutes, by adding section 8-828; relating to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-809.01, Arizona Revised Statutes, is amended to read:
8-809.01. Parent, guardian or custodian; rights
A. On initial contact with a child safety worker, a parent, guardian or custodian under investigation for an allegation of abuse or neglect has the following rights:
1. To be informed of the specific complaint or allegation against that person and that any responses to the complaint or allegation may be used in a subsequent court proceeding.
2. To refuse to cooperate with the investigation or receive child safety services offered pursuant to the investigation. A child may not be temporarily removed based solely on a parent's, guardian's or custodian's refusal to cooperate with the investigation.
3. Unless otherwise ordered by the court, to deny the worker entry into the parent's, guardian's or custodian's home.
4. To respond to allegations either verbally or in writing and to have this information considered in determining if the child requires child safety services.
5. To report a violation of the rights specified in this section without fear of punishment, interference, coercion or retaliation.
6. To appeal determinations made by the department.
7. To seek the advice of an attorney and to have an attorney present when questioned by a worker.
8. Unless otherwise ordered by the court, to refuse to do any of the following:
(a) Sign a release of information document.
(b) Consent to take a drug or alcohol test.
(c) Submit to a mental health evaluation.
9. To receive information about the investigation and the department's decision-making process.
10. To be informed both verbally and in writing of these rights and any parental rights under state law and to provide written acknowledgement of receipt of these rights.
B. If a child safety worker has probable cause to believe that exigent circumstances exist that present an imminent danger to the child, the worker shall take all lawful measures to protect the child pursuant to sections 8-821 and 8-822 before providing the notice of rights pursuant to subsection A of this section.
C. b. Unless parental rights have been terminated, or exigent circumstances exist or as otherwise ordered by the court, a parent, guardian or custodian whose child is placed in the department's custody has the following rights:
1. To not have the child taken into department custody without the department providing the reasons for removal and information supporting the removal.
2. To the extent practicable, to be immediately notified verbally or in writing that the child was taken into custody.
3. To receive information on the services available to the child, parent, guardian or custodian and the dependency process and timelines.
4. To have an attorney present or an attorney appointed by the court at all court proceedings.
5. To be timely notified of the date, time and location of all hearings and to participate in all hearings.
6. Whenever possible, to participate in the development of a case plan.
7. To receive services if the child has been removed from the home, including services that facilitate reunification of the family.
8. To maintain contact with the child unless it is determined by the department or court to be harmful to the child's safety or well-being.
9. To be consulted about the child's medical care, education and grooming.
10. To request that the child be returned if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety.
D. c. The department shall provide information regarding a parent's, guardian's or custodian's rights pursuant to this section and assistance in understanding and enforcing these rights to each parent, guardian and custodian on initial contact with a child safety worker or when there is a change in the child's case plan. The information shall include the telephone number and email address of the department, the department's office of the ombudsman and the ombudsman-citizen aide.
E. d. If a parent guardian or custodian believes that the person's rights under this section have been violated, the parent, guardian or custodian or the person'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 or severance proceeding, either orally or in writing, that the parent's, guardian's or custodian'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.
F. e. The rights provided in this section do not establish an independent cause of action.
Sec. 2. Section 8-821, Arizona Revised Statutes, is amended to read:
8-821. Taking into temporary custody; medical examination; forensic interview; placement; interference; violation; classification; definition
A. A child shall be taken into temporary custody only pursuant to one of the following:
1. An order of the superior court.
2. Subsection E of this section.
3. The consent of the child's parent or guardian.
B. The superior court, on a dependency petition filed by an interested person, a peace officer, a child welfare investigator or a child safety worker under oath or on a sworn statement or testimony by a peace officer, a child welfare investigator or a child safety worker, may issue an order authorizing the department to take temporary custody of a child on finding that probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect and it is contrary to the child's welfare to remain in the home.
C. If a child is taken into temporary custody pursuant to this section, the child's sibling shall also be taken into temporary custody only if independent probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect.
D. If a child is taken into temporary custody pursuant to this section, the court shall order the department to initiate a due diligence search pursuant to section 8-514.07.
E. A child may be taken into temporary custody without a court order by a peace officer, a child welfare investigator or a child safety worker if temporary custody is clearly necessary to protect the child because exigent circumstances exist.
F. In determining if a child should be taken into temporary custody, the court, peace officer, child welfare investigator or child safety worker shall take into consideration as a paramount concern the child's health and safety.
G. A person who takes a child into custody because an exigent circumstance described in subsection L, paragraph 2 of this section exists shall immediately have the child forensically interviewed by a person who is trained in forensic interviewing pursuant to a protocol established pursuant to section 8-817 and may have the child examined by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in evaluations of child abuse. After the interview or examination, or both, the person shall release the child to the custody of the parent or guardian of the child unless the interview or examination reveals abuse. Temporary custody of a child taken into custody because an exigent circumstance described in subsection L, paragraph 2 of this section exists shall not exceed twelve hours.
H. A child who is taken into temporary custody pursuant to this article shall not be held in a police station, jail or lockup where adults or juveniles who are charged with or convicted of a crime are detained.
I. A child shall not remain in temporary custody for more than seventy-two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed.
J. To execute an order authorizing temporary custody, a peace officer may use reasonable force to enter any building in which the person named in the removal authorization is or is reasonably believed to be.
K. A person who knowingly interferes with the taking of a child into temporary custody under this section is guilty of a class 2 misdemeanor.
L. For the purposes of this section, "exigent circumstances" means there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and either of the following is true:
1. There is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child's health or safety.
2. Probable cause exists to believe that the child is a victim of trafficking of persons for forced labor or services, child sex TRAFFICKING, sexual abuse or abuse involving serious physical injury that can be diagnosed only by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in evaluations of child abuse.
Sec. 3. Section 8-822, Arizona Revised Statutes, is amended to read:
8-822. Removal of child from home; rules and policies
A. The department shall adopt rules and establish clear policies and procedures, where appropriate, to:
1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian.
2. Ensure the immediate notification of the child's parents, guardian or custodian regarding the removal of the child from home, school or child care and the timely interview of the child and the child's parent, guardian or custodian.
B. The department shall apply its rules, policies and evidence-informed safety assessment model prescribed in section 8-456 uniformly across this state.
C. Except as provided in subsection D of this section, the department may not remove a child from the custody of the child's parents, guardian or custodian unless both of the following occur before the removal:
1. The child safety worker who is recommending the removal submits the reasons for removal and supporting information to the worker's supervisor.
2. The worker's supervisor reviews the reasons and supporting information and approves the removal.
D. If an emergency exists affecting the health or safety of a child, a child safety worker may remove the child before notifying the worker's supervisor. The child safety worker shall submit the reasons for removal and supporting information to the worker's supervisor for the supervisor's review and approval within two hours after the removal of the child or, if the removal occurs after regular working hours, by 8:30 a.m. the next day.
E. For the purposes of this section, "supervisor" includes the permanent supervisor of a child safety worker and a temporary supervisor assigned to the child safety worker in the absence of the permanent supervisor.
Sec. 4. Title 8, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 8-828, to read:
8-828. Temporary out-of-home care; alternatives
A. Notwithstanding any other law, A court may order an alternative to temporary out-of-home care before the preliminary protective hearing held pursuant to section 8-824. An order for an alternative to temporary out-of-home care may include one or more of the following:
1. a voluntary agreement between the child's parent, guardian or custodian and the department for the child to remain in the home before the preliminary protective hearing.
2. A temporary protective order the imposes conditions or limitations on the conduct of the parent, guardian or custodian and that may require the parent, guardian or custodian to do any of the following:
(a) Prohibit access to the child by a specific individual.
(b) Refrain from offensive conduct against a child.
(c) Provide proper care and maintenance of the home in which the child resides.
(d) Cooperate in good faith with the department.
(e) Refrain from behavior or the omission of behavior that may render the home in which the child resides unfit.
(f) Ensure the child attends school regularly.
3. a requirement that the DEPARTMENT provide services that are designed to allow the child to remain in the child's home.
4. a temporary agreement between the parent, guardian or custodian of the CHILD and the department that the child be placed with a relative before the preliminary protective hearing. The court shall authorize a temporary agreement if the court finds that it would not be in the best interest of the child to remain in the child's home. if the court authorizes a temporary agreement, the court shall make all findings regarding the best interests of the child in writing and shall order the department to provide a preliminary assessment of the relative who will provide temporary care for the child. THe assessment shall include all of the following:
(a) A visit to the relative's home where the child will temporarily live.
(b) An in-state criminal background check of the relative and any other adults living in the home where the child will temporarily live.
(c) A search of the internet sex offender website established pursuant to section 13-3827 for the relative the child will temporarily live with and any other adult living in the home.
(d) A search of the state department of corrections inmate database.
B. An alternative to TEMPORARY out-of-home care order entered pursuant to this section shall remain in effect until modified by the court or until the court holds the preliminary protective hearing. The court may continue to enforce the alternative to temporary out-of-home care order after the preliminary protective hearing.
