Bill Text: AZ SB1404 | 2016 | Fifty-second Legislature 2nd Regular | Introduced

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Bill Title: Child neglect cases; assessment

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2016-02-02 - Referred to Senate HHS Committee [SB1404 Detail]

Download: Arizona-2016-SB1404-Introduced.html

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REFERENCE TITLE: child neglect cases; assessment

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

SB 1404

 

Introduced by

Senators Hobbs, Bradley, Cajero Bedford, Dalessandro, Farley, Sherwood: Contreras, Quezada

 

 

AN ACT

 

prescribing a study and assessment of reports submitted to the department of child safety involving child neglect allegations.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Department of child safety; assessment of child neglect cases; delayed repeal

A.  On or before February 1 in 2017, 2018 and 2019, the department of child safety shall conduct a study and issue an assessment based on available systems data and a case review of child neglect to the governor, the chairperson of the house of representatives child and family affairs committee and the chairperson of the senate health and human services committee, or their successor committees, and the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting. The department shall provide a copy of each report to the secretary of state. 

B.  The department shall enter into an intergovernmental agreement with a university under the jurisdiction of the Arizona board of regents for the study and assessment. 

C.  The study for each year shall be based on reports received by the centralized intake hotline during the first full week of February of the most recently completed fiscal year and a case review of the reports involving child neglect allegations.  The department shall produce a data report from its case management system that includes:

1.  The number and percentage of reports involving at least one allegation of child neglect.

2.  The age, race and ethnicity of each child associated with the reports and the child's role in the report, family structure and geographical location at the time of the report. 

3.  The number of parents or caregivers with a prior history of abuse or neglect of a child victim, by type and priority.

4.  The number and percentage of reports by investigation status and whether the investigation was closed within forty‑five days, sixty days or ninety days after the date the report was taken and how many investigations remain open after six months.

5.  The number and percentage of reports resulting in a finding of substantiation, proposed substantiation or unsubstantiation. 

6.  The characteristics of each adult household member, including the member's age, race and ethnicity and role in the family, whether the member is identified as a perpetrator in the report and, if so, for which allegations.

7.  The number and percentage of reports involving only neglect allegations and the number and percentage involving neglect allegations and other types of allegations, by type and priority.

8.  The age and geographical location of children who were subject to neglect allegations and who were taken into temporary custody by the department.

9.  The number and percentage of children who are taken into temporary custody by the department and who remain in care fewer than eight days or fewer than thirty days.

10.  Of the children reunified with the family within thirty days, the number and location of children who had a subsequent removal date within six months after reunification.

11.  The number and percentage of reports that involve a criminal conduct allegation.

12.  At the time of the report, the time that has passed since the neglect occurred and the number and percentage of cases for which this period is more than one year.

13.  The number and percentage of children with neglect allegations who were subject to prior reports by type and priority level. 

14  The number of children included in the report who were subject to prior reports, by type and priority.

15.  The number of reports of neglect that resulted in a case being opened for services and the length of time the case was open.

D.  In the case review portion of the study and assessment performed by the university, the specific types of neglect examined and reported by number and percentage shall include:

1.  Suspicious death or death of a child due to neglect.

2.  A caregiver knowingly allowing or providing the child substances that caused or may cause the child harm.

3.  Substance exposure of a newborn or infant.  This type of neglect includes an infant who exhibits symptoms consistent with fetal alcohol syndrome or fetal alcohol effects.

4.  Absence of the caregiver.

5.  Injuries due to neglect or failure to supervise the child.

6.  Extreme fear by the child because of the child's home situation or present circumstance or because of a threat of additional neglect.

7.  Inability of the caregiver to perform parental responsibilities consistent with basic needs leaving the child in a threatened state due to the caregiver's:

(a)  Substance use.

(b)  Behavioral or mental illness or condition.

(c)  Substance abuse.

(d)  Substance addiction.

(e)  Physical impairment.

(f)  Cognitive functioning.

8.  A caregiver's:

(a)  Descriptions of or actions toward the child are in predominately negative terms.

(b)  Distorted view of the child.

(c)  Extremely unrealistic expectations given the child's age or level of development.

9.  Reckless or deliberate exposure by the caregiver of the child to sexually explicit material or acts.

10.  Inability or unwillingness of the caregiver to meet the child's needs for supervision, food, clothing, shelter or medical care.

11.  Allowance by the caregiver of access to the child by a known sexual predator.

12.  Allowance by the caregiver of a child to enter or remain in a structure or vehicle that is used for the purposes of manufacturing drugs.

13.  Behavior of the child in the home that threatens serious or severe harm to the child or others and the unwillingness or inability of the caregiver to control the behavior.

14.  Significant incidents of or repeated exposure to domestic violence that cause a risk of harm to the child.

15.  A living environment that threatens the child's safety.

16.  Inability or unwillingness of the caregiver to meet the child's needs for medical health care that places the child at imminent risk of harm.

17.  A medical diagnosis of malnutrition or failure to thrive without a previously diagnosed health condition.

E.  The university shall summarize its findings and may make recommendation concerning policy and practice as deemed appropriate to the data and case review.

F.  This section is repealed from and after February 1, 2019.