PREFILED DEC 21 2017
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REFERENCE TITLE: foster homes; child welfare agencies |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1046 |
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Introduced by Senator Petersen
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AN ACT
amending sections 8‑505 and 8‑509, 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 8-505, Arizona Revised Statutes, is amended to read:
8-505. Child welfare agencies; issuance of licenses; application; investigation; renewal
A. The issuance of initial and renewal licenses for child welfare agencies shall be made by the division department.
B. A child welfare agency shall not receive any child for care or maintenance or for placement in a foster home unless the agency is licensed by the division department. Application for a license shall be made on a form prescribed by the division department.
C. The division shall, Before issuing a license to an agency, the department shall investigate the activities and standards of care of the agency, its financial stability, the character and training of the applicant, the need for such the agency, and the adequacy of its intended services to insure the welfare of children. The department may issue a provisional license may be issued to any agency whose services are needed but which that is temporarily unable to conform to the established standards of care. If the applicant meets the standards as established by the division department, the department shall issue a regular license shall be issued for a period of one year.
D. Each license shall state in general terms the kind of child welfare service the licensee is authorized to undertake, the number of children that can be received if the licensee is a private agency, their ages and sex, and, if authorized to place and supervise children in foster homes, the geographical area the agency is equipped to serve.
E. Every initial license shall expire one year from the date of issuance. , and may be renewed annually on application of the agency, except that Provisional licenses may be issued for not more than six months from the date of issuance and may not be renewed.
F. If, at the time of renewal, a child welfare agency has not had a licensing action or corrective action plan within the first year of licensure, the renewal license is valid until one of the following occurs:
1. The child welfare agency voluntarily closes the license.
2. The department revokes or suspends the license pursuant to section 8‑506.01.
3. The child welfare agency receives a licensing action or corrective action plan. If the child welfare agency receives a licensing action or corrective action plan, the child welfare agency must renew the agency's license every two years. If, at the time of renewal of the license pursuant to this paragraph, the child welfare agency has not had a licensing action or corrective action plan for at least two years after completion of the corrective action plan, the renewal license is valid until one of the actions prescribed in this subsection occurs.
Sec. 2. Section 8-509, Arizona Revised Statutes, is amended to read:
8-509. Licensing of foster homes; renewal of license; provisional license; exemption from licensure; immunization requirements
A. The department shall license and certify foster homes. Licenses are valid for the following periods:
1. Initial licenses are valid for a period of two years.
2. If, at the time of renewal, a foster home has not had a licensing action or corrective action plan within the prior two years of licensure, the renewal license is valid until one of the following occurs:
(a) The foster home voluntarily closes the license.
(b) The department revokes or suspends the license pursuant to section 8‑506.
(c) The foster home receives a licensing action or corrective action plan. If the foster home receives a licensing action or corrective action plan, the foster home must renew the foster home's license every two years. If, at the time of renewal of the license pursuant to this subdivision, the foster home has not had a licensing action or corrective action plan for at least two years after completion of the corrective action plan, the renewal license is valid until one of the actions prescribed in this paragraph occurs.
B. A foster home shall inform the department on the completion of any training requirements and shall provide the department with any information that would require an amendment to the foster home's license.
B. C. The department shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8‑503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to section 41‑1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
C. D. The department shall not renew a license without satisfactory proof that the foster parent or parents have completed twelve actual hours of approved ongoing foster parent training during the two‑year period of licensure as set forth in section 8‑503. If a foster home is not required to renew a license pursuant to subsection A, paragraph 2 of this section, the foster home shall submit to the department every two years satisfactory proof that the foster parent or parents have completed twelve actual hours of approved ongoing foster parent training.
D. E. If the department determines that completing the training required in subsections B C and C D of this section would be a hardship to the foster parent or parents, the department may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.
E. F. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the department. The department shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the department, the agency shall submit an application stating the foster home's qualifications to the department. The agency may also recommend the types of licensing and certification to be granted to the foster home.
F. G. The department shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.
G. H. This section does not apply if the child is placed in a home by a means other than by court order and if the home does not receive compensation from this state or any political subdivision of this state.
H. I. The department may not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with this state.
I. J. The department shall not require a foster parent to immunize the foster parent's natural or adoptive children as a condition of foster home licensure.
J. K. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the department on a form prescribed by the department. The licensee must specify the new month of renewal on the application. The modified renewal date must be before, but not more than six months earlier than, the existing renewal date.
K. L. The foster care review board shall review the cases of children placed by the department in foster homes licensed pursuant to this section as required by section 8‑515.03.