Bill Text: AZ SB1492 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: DCS; transfer; DES
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A) - [SB1492 Detail]
Download: Arizona-2025-SB1492-Introduced.html
|
REFERENCE TITLE: DCS; transfer; DES |
|
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
|
|
SB 1492 |
|
|
|
Introduced by Senator Farnsworth
|
An Act
amending sections 1-215, 8-101, 8-141, 8-161, 8-171, 8-201 and 8-271, Arizona Revised Statutes; amending title 8, chapter 4, article 1, Arizona Revised Statutes, by adding section 8-450; amending section 8-451, Arizona Revised Statutes; repealing section 8-452, Arizona Revised Statutes; amending sections 8-453, 8-454, 8-501, 8-531, 8-801 and 41-1954, Arizona Revised Statutes; amending section 41-3026.21, Arizona Revised Statutes; repealing section 41-3028.05, Arizona Revised Statutes; appropriating monies; relating to department of child safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 1-215, Arizona Revised Statutes, is amended to read:
1-215. Definitions
In the statutes and laws of this state, unless the context otherwise requires:
1. "Action" includes any matter or proceeding in a court, civil or criminal.
2. "Adopted rule" means a final rule as defined in section 41-1001.
3. "Adult" means a person who has attained eighteen years of age.
4. "Alternative fuel" means:
(a) Electricity.
(b) Solar energy.
(c) Liquefied petroleum gas, natural gas, hydrogen or a blend of hydrogen with liquefied petroleum or natural gas that complies with any of the following:
(i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104-94 or 88.105-94.
(ii) Is used in an engine that is certified by the engine modifier to meet the addendum to memorandum 1-A of the United States environmental protection agency as printed in the federal register, volume 62, number 207, October 27, 1997, pages 55635 through 55637.
(iii) Is used in an engine that is the subject of a waiver for that specific engine application from the United States environmental protection agency's memorandum 1-A addendum requirements and that waiver is documented to the reasonable satisfaction of the director of the department of environmental quality.
(d) Only for vehicles that use alcohol fuels before August 21, 1998, alcohol fuels that contain not less than eighty-five percent alcohol by volume.
(e) A combination of at least seventy percent alternative fuel and not more than thirty percent petroleum based fuel that operates in an engine that meets the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104-94 or 88.105-94 and that is certified by the engine manufacturer to consume at least seventy percent alternative fuel during normal vehicle operations.
5. "Bribe" means anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity.
6. "Child" or "children" as used in reference to age of persons means persons under eighteen years of age.
7. "Clean burning fuel" means:
(a) An emulsion of water-phased hydrocarbon fuel that contains not less than twenty percent water by volume and that complies with any of the following:
(i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104-94 or 88.105-94.
(ii) Is used in an engine that is certified by the engine modifier to meet the addendum to memorandum 1-A of the United States environmental protection agency as printed in the federal register, volume 62, number 207, October 27, 1997, pages 55635 through 55637.
(iii) Is used in an engine that is the subject of a waiver for that specific engine application from the United States environmental protection agency's memorandum 1-A addendum requirements and that waiver is documented to the reasonable satisfaction of the director of the department of environmental quality.
(b) A diesel fuel substitute that is produced from nonpetroleum renewable resources if the qualifying volume of the nonpetroleum renewable resources meets the standards for California diesel fuel as adopted by the California air resources board pursuant to 13 California Code of Regulations sections 2281 and 2282 in effect on January 1, 2000, the diesel fuel substitute meets the registration requirement for fuels and additives established by the United States environmental protection agency pursuant to section 211 of the clean air act as defined in section 49-401.01 and the use of the diesel fuel substitute complies with the requirements listed in 10 Code of Federal Regulations part 490, as printed in the federal register, volume 64, number 96, May 19, 1999.
(c) A diesel fuel that complies with all of the following:
(i) Contains a maximum of fifteen parts per million by weight of sulfur.
(ii) Meets ASTM D975.
(iii) Meets the registration requirements for fuels and additives established by the United States environmental protection agency pursuant to section 211 of the clean air act as defined in section 49-401.01.
(iv) Is used in an engine that is equipped or has been retrofitted with a device that has been certified by the California air resources board diesel emission control strategy verification procedure, the United States environmental protection agency voluntary diesel retrofit program or the United States environmental protection agency verification protocol for retrofit catalyst, particulate filter and engine modification control technologies for highway and nonroad use diesel engines.
(d) A blend of unleaded gasoline that contains at minimum eighty-five percent ethanol by volume or eighty-five percent methanol by volume.
(e) Neat methanol.
(f) Neat ethanol.
8. "Corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
9. "Daytime" means the period between sunrise and sunset.
10. "Department of child safety" means the department of economic security.
10. 11. "Depose" includes every manner of written statement under oath or affirmation.
11. 12. "Federal poverty guidelines" means the poverty guidelines as updated annually in the federal register by the United States department of health and human services.
12. 13. "Grantee" includes every person to whom an estate or interest in real property passes, in or by a deed.
13. 14. "Grantor" includes every person from or by whom an estate or interest in real property passes, in or by a deed.
14. 15. "Includes" or "including" means not limited to and is not a term of exclusion.
15. 16. "Inhabitant" means a resident of a city, town, village, district, county or precinct.
16. 17. "Issue" as used in connection with descent of estates includes all lawful, lineal descendants of the ancestor.
17. 18. "Knowingly":
(a) Means only a knowledge that the facts exist that bring the act or omission within the provisions of the statute using such word.
(b) Does not require any knowledge of the unlawfulness of the act or omission.
18. 19. "Magistrate" means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court.
19. 20. "Majority" or "age of majority" as used in reference to the age of persons means eighteen years of age or more.
20. 21. "Malice" and "maliciously" mean a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
21. 22. "Minor" means a person under eighteen years of age.
22. 23. "Minor children" means persons under eighteen years of age.
23. 24. "Month" means a calendar month unless otherwise expressed.
24. 25. "Moral turpitude" means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821.
25. 26. "Neglect", "negligence", "negligent" and "negligently" import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.
26. 27. "Nighttime" means the period between sunset and sunrise.
27. 28. "Oath" includes an affirmation or declaration.
28. 29. "Peace officers" means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board.
29. 30. "Person" includes a corporation, company, partnership, firm, association or society, as well as a natural person. When the word "person" is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, this state, or any territory, state or country, or any political subdivision of this state that may lawfully own any property, or a public or private corporation, or partnership or association. When the word "person" is used to designate the violator or offender of any law, it includes a corporation, a partnership or any association of persons.
30. 31. "Personal property" includes money, goods, chattels, things in action and evidences of debt.
31. 32. "Population" means the population according to the most recent United States decennial census.
32. 33. "Process" means a citation, writ or summons issued in the course of judicial proceedings.
33. 34. "Property" includes both real and personal property.
34. 35. "Real property" is coextensive with lands, tenements and hereditaments.
35. 36. "Registered mail" includes certified mail.
36. 37. "Seal" as used in reference to a paper issuing from a court or public office to which the seal of such court or office is required to be affixed means an impression of the seal on that paper, an impression of the seal affixed to that paper by a wafer or wax, a stamped seal, a printed seal, a screened seal or a computer generated seal.
37. 38. "Signature" or "subscription" includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness.
38. 39. "State", as applied to the different parts of the United States, includes the District of Columbia, this state and the territories.
39. 40. "Testify" includes every manner of oral statement under oath or affirmation.
40. 41. "United States" includes the District of Columbia and the territories.
41. 42. "Vessel", as used in reference to shipping, includes ships of all kinds, steamboats, steamships, barges, canal boats and every structure adapted to navigation from place to place for the transportation of persons or property.
42. 43. "Wilfully" means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists.
43. 44. "Will" includes codicils.
44. 45. "Workers' compensation" means workmen's compensation as used in article XVIII, section 8, Constitution of Arizona.
45. 46. "Writ" means an order or precept in writing issued in the name of the state or by a court or judicial officer.
46. 47. "Writing" includes printing.
Sec. 2. Section 8-101, Arizona Revised Statutes, is amended to read:
8-101. Definitions
In this article, unless the context otherwise requires:
1. "Adult" means a person who is eighteen years of age or older.
2. "Agency" or "adoption agency" means a person other than the division licensed by the division to place children for adoption, including an attorney or law firm.
3. "Agency placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to an agency pursuant to section 8-107, subsection D, paragraph 1.
4. "Child" means any person who is under eighteen years of age.
5. "Custody" means a status embodying all of the following rights and responsibilities:
(a) The right to have the physical possession of the child.
(b) The right and the duty to protect, train and discipline the child.
(c) The responsibility to provide the child with food, shelter, education and health care, and the authority to consent to surgery or other extraordinary medical care in an emergency.
6. "Direct placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to a particular person pursuant to section 8-107, subsection D, paragraph 2.
7. "Division" means the department of child safety economic security.
8. "Juvenile court" or "court" means the juvenile division of the superior court.
9. "Permanent guardian" means a legal guardian appointed by the court pursuant to section 8-871.
10. "Petitioner" includes both petitioners under a joint petition.
Sec. 3. Section 8-141, Arizona Revised Statutes, is amended to read:
8-141. Definitions; exception
A. In this article, unless the context otherwise requires:
1. "Adoption subsidy" means a grant that is provided to a child with special needs and that has been applied for through the department.
2. "Agency" means the department or a child welfare agency that is authorized in its license issued by the department to place or care for children in foster care.
3. "Application" means the completion of the department application form with documentation of the child's special needs.
4. "Child" means any person who is under the age of eighteen years of age, who is legally free for adoption and who otherwise may not be adopted because the person has special needs.
5. "Department" means the department of economic security.
5. 6. "Developmental disability" has the same meaning as provided prescribed in section 36-551.
6. 7. "Emotional disturbance" means a condition which that impedes the child's ordinary developmental progress as defined by accepted psychiatric or psychological standards and as diagnosed by one or more psychiatrists or psychologists approved by the department.
7. 8. "Emotional ties" includes:
(a) Identification of the child as a member of the foster family.
(b) Identification by the foster family of the child as belonging to that family.
(c) The likelihood that the child will not establish significant emotional ties to another family if he the child is denied permanent placement with the foster family.
8. 9. "High risk of physical or mental disease" means a potentially debilitating condition as defined by accepted standards of the health service profession and as certified by one or more health service providers approved by the department.
9. 10. "High risk of severe emotional disturbance if removed from the care of his the child's foster parents or permanent guardian" means the development of significant emotional ties to the foster family or permanent guardian as documented by the child's case manager and as diagnosed by a psychiatrist or psychologist approved by the department.
10. 11. "Mental disability" means a lifelong condition which that is characterized by impaired intellectual development and that impedes the ability to function independently as defined by accepted national standards and as certified by a psychologist, physician or child development specialist approved by the department.
11. 12. "Physical disability" means one of the following conditions:
(a) A chronically debilitating, progressive or fatal disease which that requires assistance for the child in activities of daily living.
(b) The requirement of assistance of another person or mechanical device for movement from place to place.
12. 13. "Racial or ethnic factors" means Black, Hispanic, Native American, Asian or other heritage which that may prevent a child from being adopted by a family of similar racial or ethnic origin.
13. 14. "Special needs" means one or more of the following conditions which that existed before the finalization of adoption:
(a) Physical, mental or developmental disability.
(b) Emotional disturbance.
(c) High risk of physical or mental disease.
(d) High risk of developmental disability.
(e) Age of six or more years at the time of application for an adoption subsidy.
(f) Sibling relationship.
(g) Racial or ethnic factors.
(h) High risk of severe emotional disturbance if removed from the care of his the child's foster parents or permanent guardian.
(i) Any combination of the special needs described in this paragraph.
B. The condition described in subsection A, paragraph 13 14, subdivision (h), is not a special need unless the foster care or permanent guardian relationship existed before the adoption placement was made.
Sec. 4. Section 8-161, Arizona Revised Statutes, is amended to read:
8-161. Definitions
In this article, unless the context otherwise requires:
1. "Application" means the completion of the department application form with documentation of the child's special needs and nonrecurring expenses related to the adoption.
2. "Child" means a person who is under the age of eighteen years of age and who is adopted in this state or placed for adoption from this state.
3. "Department" means the department of economic security.
3. 4. "Nonrecurring adoption expenses" means reasonable and necessary adoption fees, court costs, attorney fees and expenses which that are directly related to the legal process of adoption of a child with special needs including costs relating to the adoption study, health and psychological examinations, supervision of the placement before the adoption, transportation and reasonable costs of lodging and food for the child or adoptive parents which that are incurred to complete the adoption process, meet federal requirements and are not reimbursed by other sources.
4. 5. "Special needs" has the same meaning as provided prescribed in section 8-141.
Sec. 5. Section 8-171, Arizona Revised Statutes, is amended to read:
8-171. Definitions
In this article, unless the context otherwise requires:
1. "Adoption assistance" means payments, medical assistance or benefits that are provided by an adoption assistance state pursuant to applicable federal and state laws.
2. "Adoption assistance state" means a state that is a signatory to an interstate adoption assistance compact.
3. "Department" means the department of economic security.
3. 4. "State" means a state, district, commonwealth or territory of the United States.
Sec. 6. Section 8-201, Arizona Revised Statutes, is amended to read:
8-201. Definitions
In this title, unless the context otherwise requires:
1. "Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
2. "Abuse":
(a) Means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child, including an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department.
(b) Includes:
(i) Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553, incest pursuant to section 13-3608 or child sex trafficking pursuant to section 13-3212.
(ii) Physical injury that results from allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
(iii) Unreasonable confinement of a child.
3. "Adult" means a person who is eighteen years of age or older.
4. "Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501.
5. "Award" or "commit" means to assign legal custody.
6. "Child", "youth" or "juvenile" means an individual who is under eighteen years of age.
7. "Complaint" means a written statement of the essential facts constituting a public offense that is any of the following:
(a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer.
(b) Made pursuant to section 13-3903.
(c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13-4261.
8. "Criminal conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following:
(a) A violation of section 13-3623 involving child abuse.
(b) A felony offense that constitutes domestic violence as defined in section 13-3601.
(c) A violation of section 13-1404 or 13-1406 involving a minor.
(d) A violation of section 13-1405, 13-1410 or 13-1417.
(e) Any other act of abuse that is classified as a felony.
(f) An offense that constitutes domestic violence as defined in section 13-3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence.
9. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court.
10. "DCS report" means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455.
11. "Delinquency hearing" means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition.
12. "Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.
13. "Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act.
14. "Department" means the department of child safety economic security.
15. "Dependent child":
(a) Means a child who is adjudicated to be:
(i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.
(ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care.
(iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child.
(iv) Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.
(v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-706.
(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.
16. "Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.
17. "Director" means the director of the department.
18. "Health professional" has the same meaning prescribed in section 32-3201.
19. "Incorrigible child" means a child who:
(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.
(b) Is habitually truant from school as defined in section 15-803, subsection C.
(c) Is a runaway from the child's home or parent, guardian or custodian.
(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
(e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
(f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.
20. "Independent living program" includes a residential program with supervision of less than twenty-four hours a day.
21. "Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
22. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.
23. "Medical director of a mental health agency":
(a) Means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director.
(b) Includes the superintendent of the state hospital.
24. "Mental health agency" means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints.
25. "Neglect" or "neglected" means:
(a) The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services.
(b) Allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person with the intent and for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
(c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to section 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following:
(i) Clinical indicators in the prenatal period including maternal and newborn presentation.
(ii) History of substance use or abuse.
(iii) Medical history.
(iv) Results of a toxicology or other laboratory test on the mother or the newborn infant.
(d) Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects.
(e) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-1411 or explicit sexual materials as defined in section 13-3507.
(f) Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present:
(i) Sexual contact as defined in section 13-1401.
(ii) Oral sexual contact as defined in section 13-1401.
(iii) Sexual intercourse as defined in section 13-1401.
(iv) Bestiality as prescribed in section 13-1411.
26. "Newborn infant" means a child who is under thirty days of age.
27. "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.
28. "Prevention" means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems.
29. "Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible.
30. "Qualified young adult" means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to section 8-521.02 and who signs a voluntary agreement to participate in the program.
31. "Referral" means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act.
32. "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress.
33. "Serious emotional injury" means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:
(a) Seriously impairs mental faculties.
(b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment.
(c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
34. "Serious physical injury" means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:
(a) Creates a reasonable risk of death.
(b) Causes serious or permanent disfigurement.
(c) Causes significant physical pain.
(d) Causes serious impairment of health.
(e) Causes the loss or protracted impairment of an organ or limb.
(f) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
35. "Shelter care" means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community.
36. "Standardized hotline assessment tool" means any written tool used to make a determination that the allegation of abuse or neglect that is the subject of a report received pursuant to section 8-455 involves conduct that warrants investigation by the department pursuant to section 8-456 or 8-471.
37. "Young adult administrative review" means an administrative review of a voluntary extended foster care case plan with the qualified young adult, the department's case specialist or designee, an independent party who is not responsible for the case management of or the delivery of services to the qualified young adult and any other individual the young adult invites.
Sec. 7. Section 8-271, Arizona Revised Statutes, is amended to read:
8-271. Definitions
In this article, unless the context otherwise requires:
1. "Dually adjudicated child" means a child who is found to be dependent or temporarily subject to court jurisdiction pending an adjudication of a dependency petition and who is alleged or found to have committed a delinquent or incorrigible act.
2. "Entity" means the department of child safety economic security, the department of juvenile corrections or a child welfare agency that has been granted legal care, custody and control of a child by order of the juvenile court and that is responsible for securing inpatient psychiatric acute care services or residential treatment services for a child. Entity includes a probation department or juvenile detention center that either recommends or is ordered by the court to provide inpatient psychiatric acute care services or residential treatment services for a child.
3. "Inpatient assessment" includes all of the following:
(a) The observation of a child's behavior while the child is in an inpatient assessment facility.
(b) Psychological or psychiatric testing, if indicated.
(c) A determination as to whether a child needs inpatient psychiatric acute care services and whether inpatient psychiatric acute care services are the least restrictive available alternative.
(d) The administration of psychotropic medication and medication monitoring, if necessary to complete the assessment or to prevent the child from being a danger to self or others.
(e) A written report that summarizes the results of an inpatient assessment, including specific recommendations for follow-up care.
(f) A psychiatric or psychological assessment, including a clinical interview with a child.
(g) An explanation to a child of the least restrictive alternatives available to meet the child's mental health needs.
(h) A determination as to whether the child may be suffering from a mental disorder, is a danger to self or others or is a child with a persistent or acute disability or grave disability, as defined in section 36-501.
(i) A review of a child's medical, social and psychological records, if available.
4. "Level one behavioral health facility" means a behavioral health service agency that is licensed by the department of health services and that provides a structured treatment setting with twenty-four hour a day supervision and an intensive treatment program.
5. "Outpatient assessment" includes all of the following:
(a) A psychiatric or psychological assessment, including a clinical interview with a child.
(b) An explanation to a child of the least restrictive alternatives available to meet the child's mental health needs if determined at the time of the assessment.
(c) A determination as to whether the child may be suffering from a mental disorder, is a danger to self or others or is a child with a persistent or acute disability or grave disability as DEFINED in section 36-501.
(d) A review of a child's medical, social and psychological records, if available.
(e) A determination as to whether the child needs an inpatient assessment or inpatient psychiatric acute care services and whether an inpatient assessment or inpatient psychiatric acute care services are the least restrictive available alternative.
6. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.
7. "Psychiatric acute care facility" or "inpatient assessment facility" means a facility that is licensed by the department of health services as a level one behavioral health facility and that provides psychiatric acute care services.
8. "Psychiatric acute care services" means any of the following:
(a) Emergency or crisis behavioral health services.
(b) Psychiatric and psychological assessments and short-term intensive behavioral health counseling and treatment for acute episodes or mental disorders.
(c) Medication stabilization and twenty-four hour a day nursing care for a child who suffers from acute psychiatric or mental disorders or who needs to have a chronic mental illness stabilized.
9. "Psychiatrist" means a person who is licensed pursuant to title 32, chapter 13 or 17.
10. "Psychologist" means a person who is licensed pursuant to title 32, chapter 19.1.
11. "Residential treatment services" means services, other than psychiatric acute care services, that are provided by a level one behavioral health facility.
Sec. 8. Heading change
The chapter heading of title 8, chapter 4, Arizona Revised Statutes, is changed from "DEPARTMENT OF CHILD SAFETY" to "dIVISION OF CHILD SAFETY".
Sec. 9. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-450, to read:
8-450. Definitions
In this chapter, unless the context otherwise requires:
1. "Department" means the department of economic security.
2. "Director" means the director of the department of economic security.
3. "Division" means the division of child safety in the department of economic security.
Sec. 10. Section 8-451, Arizona Revised Statutes, is amended to read:
8-451. Division; purpose
A. The department division of child safety is established in the department of economic security.
B. The primary purpose of the department division is to protect children. To achieve this purpose, the department division shall do and focus equally on the following:
1. Investigate reports of abuse and neglect.
2. Assess, promote and support the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse or neglect.
3. Work cooperatively with law enforcement regarding reports that include criminal conduct allegations.
4. Without compromising child safety, coordinate services to achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment services pursuant to this chapter.
Sec. 11. Repeal
Section 8-452, Arizona Revised Statutes, is repealed.
Sec. 12. Section 8-453, Arizona Revised Statutes, is amended to read:
8-453. Powers and duties of the division
A. The director division shall:
1. Carry out the purposes of the department division prescribed in section 8-451.
2. Provide transparency by being open and accountable to the public for the actions of the department division.
3. Develop a data system that enables persons and entities that are charged with a responsibility relating to child safety to access all relevant information relating to an abused, neglected or abandoned child as provided by law.
4. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ deputy directors and other key personnel based on qualifications that are prescribed by the director.
5. Adopt rules to implement the purposes of the department division and the duties and powers of the director.
6. Petition, as necessary to implement the case plan established under section 8-824 or 8-845, for the appointment of a guardian or a temporary guardian under title 14, chapter 5 for children who are in the custody of the department division pursuant to court order. Persons applying to be guardians or temporary guardians under this section shall be fingerprinted. A foster parent or certified adoptive parent already fingerprinted is not required to be fingerprinted again, if the foster parent or certified adoptive parent is the person applying to be the guardian or temporary guardian.
7. Cooperate with other agencies of this state, county and municipal agencies, faith-based organizations and community social services agencies, if available, to achieve the purposes of this chapter.
8. Exchange information, including case specific information, and cooperate with the department of economic security for the administration of the department of economic security's department's programs.
9. Administer child welfare activities, including:
(a) Cross-jurisdictional placements pursuant to section 8-548.
(b) Providing the cost of care of:
(i) Children who are in temporary custody, are the subject of a dependency petition or are adjudicated by the court as dependent and who are in out-of-home placement, except state institutions.
(ii) Children who are voluntarily placed in out-of-home placement pursuant to section 8-806.
(iii) Children who are the subject of a dependency petition or are adjudicated dependent and who are in the custody of the department and ordered by the court pursuant to section 8-845 to reside in an independent living program pursuant to section 8-521.
(c) Providing services for children placed in adoption.
10. Formulate policies, plans and programs to effectuate the missions and purposes of the department division.
11. Make contracts and incur obligations within the general scope of the department's division's activities and operations subject to the availability of funds.
12. Coordinate with, contract with or assist other departments, agencies and institutions of this state and local and federal governments in the furtherance of the department's division's purposes, objectives and programs.
13. Accept and disburse grants, matching funds monies and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of the department division.
14. Collect monies owed to the department division.
15. Act as an agent of the federal government in furtherance of any functions of the department division.
16. Carry on research and compile statistics relating to the child welfare program throughout this state, including all phases of dependency.
17. Cooperate with the superior court in all matters related to this title and title 13.
18. Provide the cost of care and transitional independent living services for a person who is under twenty-one years of age pursuant to section 8-521.01.
19. Ensure that all criminal conduct allegations and reports of imminent risk of harm are investigated.
20. Ensure the department's division's compliance with the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).
21. Strengthen relationships with tribal child protection agencies or programs.
B. The director division may:
1. Take administrative action to improve the efficiency of the department division.
2. Contract with a private entity to provide any functions or services pursuant to this title.
3. Apply for, accept, receive and expend public and private gifts or grants of money or property on the terms and conditions as may be imposed by the donor and for any purpose provided for by this title.
4. Reimburse department division volunteers, designated by the director, for expenses in transporting clients of the department division on official business. Volunteers reimbursed for expenses are not eligible for workers' compensation under title 23, chapter 6.
C. The department division shall administer individual and family services, including sections on services to children and youth and other related functions in furtherance of social service programs under the social security act, as amended, title IV, parts B and E, grants to states for aid and services to needy families with children and for child-welfare services, title XX, grants to states for services and other related federal acts and titles.
D. Notwithstanding any other law, a state or local governmental agency or a private entity is not subject to civil liability for the disclosure of information that is made in good faith to the department division pursuant to this section.
E. Notwithstanding section 41-192, the department division may employ legal counsel to provide legal advice to the director. The attorney general shall represent the department division in any administrative or judicial proceeding pursuant to title 41, chapter 1, article 5.
F. The total amount of state monies that may be spent in any fiscal year by the department division for foster care as provided in subsection A, paragraph 9, subdivision (b) of this section may not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
Sec. 13. Section 8-454, Arizona Revised Statutes, is amended to read:
8-454. Division organization
A. The director shall organize the department division to best implement the following functions:
1. Receiving, analyzing and efficiently responding to reports of possible abuse or neglect as provided in section 8-455.
2. Appropriately investigating the reports whether or not they involve criminal conduct allegations as provided in section 8-456.
3. Coordinating services necessary for the child or the child's family as provided in section 8-457.
4. Overseeing adoption pursuant to chapter 1 of this title and foster care pursuant to article 4 of this chapter.
5. Reviewing and reporting the actions of the department division to ensure that the actions comply with statute and the rules and policies of the department division and reporting significant violations as provided in section 8-458.
B. Subject to title 41, chapter 4, article 4, the director shall employ:
1. A chief of the office of child welfare investigations. The chief is the administrative head of the office of child welfare investigations and shall report directly to the director.
2. An inspector general. The inspector general is the administrative head of the inspections bureau and shall report directly to the director.
3. Administrators to serve as the administrative heads of the other bureaus of the department division, who may report directly to the deputy director.
Sec. 14. Section 8-501, Arizona Revised Statutes, is amended to read:
8-501. 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. "Department" means the Department of economic security.
3. 4. "Division" or "department" means the department division of child safety in the department of economic security.
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.
Sec. 15. Section 8-531, Arizona Revised Statutes, is amended to read:
8-531. Definitions
In this article, unless the context otherwise requires:
1. "Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
2. "Agency" means an agency licensed by the division to place children for adoption.
3. "Child" means a person less than eighteen years of age.
4. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court of competent jurisdiction.
5. "Custody" or "legal custody" means a status embodying all of the following rights and responsibilities:
(a) The right to have physical possession of the child.
(b) The right and the duty to protect, train and discipline the child.
(c) The responsibility to provide the child with adequate food, clothing, shelter, education and medical care, provided that such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person and subject to the residual parental rights and responsibilities if they have not been terminated by judicial decree.
6. "Department" means the department of economic security.
6. 7. "Division" means the department division of child safety in the department of economic security.
7. 8. "Guardian ad litem" means a person appointed by the court to protect the interest of a minor or an incompetent in a particular case before the court.
8. 9. "Guardianship of the person" with respect to a minor means the duty and authority to make important decisions in matters affecting the minor including but not necessarily limited either in number or kind to:
(a) The authority to consent to marriage, to enlistment in the armed forces of the United States and to major medical, psychiatric and surgical treatment, to represent the minor in legal actions and to make other decisions concerning the child of substantial legal significance.
(b) The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order.
(c) The rights and responsibilities of legal custody, except where legal custody has been vested in another individual or in an authorized agency.
(d) When the parent-child relationship has been terminated by judicial decree with respect to the parents, or only living parent, or when there is no living parent, the authority to consent to the adoption of the child and to make any other decision concerning the child that the child's parents could make.
9. 10. "Juvenile court" means the juvenile division of the superior court.
10. 11. "Parent" means the natural or adoptive mother or father of a child.
11. 12. "Parent-child relationship" includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights.
12. 13. "Parties" includes the child, the petitioners and any parent of the child required to consent to the adoption pursuant to section 8-106.
Sec. 16. Section 8-801, Arizona Revised Statutes, is amended to read:
8-801. 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. "Department" means the department of economic security.
5. "Division" means the division of child safety in the department of economic security.
4. 6. "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. 7. "Relative" has the same meaning prescribed in section 8-501.
Sec. 17. Section 41-1954, Arizona Revised Statutes, is amended to read:
41-1954. Powers and duties
A. In addition to the powers and duties of the agencies listed in section 41-1953, subsection E, the department shall:
1. Administer the following services:
(a) Employment services, including manpower programs and work training, field operations, technical services, unemployment compensation, community work and training and other related functions in furtherance of programs under the social security act, as amended, the Wagner-Peyser act, as amended, the federal unemployment tax act, as amended, 33 United States Code, the family support act of 1988 (P.L. 100-485) and other related federal acts and titles.
(b) Individual and family services, which shall include a section on aging, services to children, youth and adults and other related functions in furtherance of social service programs under the social security act, as amended, title IV, except parts B and E, grants to states for aid and services to needy families with children and for child welfare services, title XX, grants to states for services, the older Americans act, as amended, the family support act of 1988 (P.L. 100-485) and other related federal acts and titles.
(c) Income maintenance services, including categorical assistance programs, special services unit, child support collection services, establishment of paternity services, maintenance and operation of a state case registry of child support orders, a state directory of new hires, a support payment clearinghouse and other related functions in furtherance of programs under the social security act, title IV, grants to states for aid and services to needy families with children and for child welfare services, title XX, grants to states for services, as amended, and other related federal acts and titles.
(d) Rehabilitation services, including vocational rehabilitation services and sections for the blind and visually impaired, communication disorders, correctional rehabilitation and other related functions in furtherance of programs under the vocational rehabilitation act, as amended, the Randolph-Sheppard act, as amended, and other related federal acts and titles.
(e) Administrative services, including the coordination of program evaluation and research, interagency program coordination and in-service training, planning, grants, development and management, information, legislative liaison, budget, licensing and other related functions.
(f) Manpower planning, including a state manpower planning council for the purposes of the federal-state-local cooperative manpower planning system and other related functions in furtherance of programs under the comprehensive employment and training act of 1973, as amended, and other related federal acts and titles.
(g) Economic opportunity services, including the furtherance of programs prescribed under the economic opportunity act of 1967, as amended, and other related federal acts and titles.
(h) Intellectual disability and other developmental disability programs, with emphasis on referral and purchase of services. The program shall include educational, rehabilitation, treatment and training services and other related functions in furtherance of programs under the developmental disabilities services and facilities construction act (P.L. 91-517) and other related federal acts and titles.
(i) Nonmedical home and community based services and functions, including department-designated case management, housekeeping services, chore services, home health aid, personal care, visiting nurse services, adult day care or adult day health, respite sitter care, attendant care, home delivered meals and other related services and functions.
2. Provide a coordinated system of initial intake, screening, evaluation and referral of persons served by the department.
3. Adopt rules it deems necessary or desirable to further the objectives and programs of the department.
4. Formulate policies, plans and programs to effectuate the missions and purposes of the department.
5. Employ and determine the conditions of employment and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons subject to chapter 4, article 4 and, as applicable, article 5 of this title as may be necessary in the performance of its duties, contract for the services of outside advisors, consultants and aides as may be reasonably necessary and reimburse department volunteers, designated by the director, for expenses in transporting clients of the department on official business.
6. Make contracts and incur obligations within the general scope of its activities and operations subject to the availability of funds.
7. Contract with or assist other departments, agencies and institutions of the state, local and federal governments in the furtherance of its purposes, objectives and programs.
8. Be designated as the single state agency for the purposes of administering and in furtherance of each federally supported state plan.
9. Accept and disburse grants, matching funds and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of the department.
10. Provide information and advice on request by local, state and federal agencies and by private citizens, business enterprises and community organizations on matters within the scope of its duties subject to the departmental rules on the confidentiality of information.
11. Establish and maintain separate financial accounts as required by federal law or regulations.
12. Advise and make recommendations to the governor and the legislature on all matters concerning its objectives.
13. Have an official seal that is judicially noticed.
14. Annually estimate the current year's population of each county, city and town in this state, using the periodic census conducted by the United States department of commerce, or its successor agency, as the basis for such estimates and deliver such estimates to the economic estimates commission before December 15.
15. Estimate the population of any newly annexed areas of a political subdivision as of July 1 of the fiscal year in which the annexation occurs and deliver such estimates as promptly as is feasible after the annexation occurs to the economic estimates commission.
16. Establish and maintain a statewide program of services for persons who are both hearing impaired and visually impaired and coordinate appropriate services with other agencies and organizations to avoid duplication of these services and to increase efficiency. The department of economic security shall enter into agreements for the utilization of the personnel and facilities of the department of economic security, the department of health services and other appropriate agencies and organizations in providing these services.
17. Establish and charge fees for deposit in the department of economic security prelayoff assistance services fund to employers who voluntarily participate in the services of the department that provide job service and retraining for persons who have been or are about to be laid off from employment. The department shall charge only those fees necessary to cover the costs of administering the job service and retraining services.
18. Establish a focal point for addressing the issue of hunger in this state and provide coordination and assistance to public and private nonprofit organizations that aid hungry persons and families throughout this state. Specifically such activities shall include:
(a) Collecting and disseminating information regarding the location and availability of surplus food for distribution to needy persons, the availability of surplus food for donation to charity food bank organizations, and the needs of charity food bank organizations for surplus food.
(b) Coordinating the activities of federal, state, local and private nonprofit organizations that provide food assistance to the hungry.
(c) Accepting and disbursing federal monies, and any state monies appropriated by the legislature, to private nonprofit organizations in support of the collection, receipt, handling, storage and distribution of donated or surplus food items.
(d) Providing technical assistance to private nonprofit organizations that provide or intend to provide services to the hungry.
(e) Developing a state plan on hunger that, at a minimum, identifies the magnitude of the hunger problem in this state, the characteristics of the population in need, the availability and location of charity food banks and the potential sources of surplus food, assesses the effectiveness of the donated food collection and distribution network and other efforts to alleviate the hunger problem, and recommends goals and strategies to improve the status of the hungry. The state plan on hunger shall be incorporated into the department's state comprehensive plan prepared pursuant to section 41-1956.
(f) Establishing a special purpose advisory council on hunger pursuant to section 41-1981.
19. Establish an office to address the issue of homelessness and to provide coordination and assistance to public and private nonprofit organizations that prevent homelessness or aid homeless individuals and families throughout this state. These activities shall include:
(a) Promoting and participating in planning for the prevention of homelessness and the development of services to homeless persons.
(b) Identifying and developing strategies for resolving barriers in state agency service delivery systems that inhibit the provision and coordination of appropriate services to homeless persons and persons in danger of being homeless.
(c) Assisting in the coordination of the activities of federal, state and local governments and the private sector that prevent homelessness or provide assistance to homeless people.
(d) Assisting in obtaining and increasing funding from all appropriate sources to prevent homelessness or assist in alleviating homelessness.
(e) Serving as a clearinghouse on information regarding funding and services available to assist homeless persons and persons in danger of being homeless.
(f) Developing an annual state comprehensive homeless assistance plan to prevent and alleviate homelessness.
(g) Submitting an annual report to the governor, the president of the senate and the speaker of the house of representatives on the status of homelessness and efforts to prevent and alleviate homelessness. The department shall provide a copy of this report to the secretary of state.
20. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.
21. Exchange information, including case specific information, and cooperate with the department of child safety for the administration of the department of child safety's programs.
21. Administer the division of child safety pursuant to title 8.
B. If the department of economic security has responsibility for the care, custody or control of a child or is paying the cost of care for a child, it may serve as representative payee to receive and administer social security and United States department of veterans affairs benefits and other benefits payable to such child. Notwithstanding any law to the contrary, the department of economic security:
1. Shall deposit, pursuant to sections 35-146 and 35-147, such monies as it receives to be retained separate and apart from the state general fund on the books of the department of administration.
2. May use such monies to defray the cost of care and services expended by the department of economic security for the benefit, welfare and best interests of the child and invest any of the monies that the director determines are not necessary for immediate use.
3. Shall maintain separate records to account for the receipt, investment and disposition of funds received for each child.
4. On termination of the department of economic security's responsibility for the child, shall release any funds remaining to the child's credit in accordance with the requirements of the funding source or in the absence of such requirements shall release the remaining funds to:
(a) The child, if the child is at least eighteen years of age or is emancipated.
(b) The person responsible for the child if the child is a minor and not emancipated.
C. Subsection B of this section does not pertain to benefits payable to or for the benefit of a child receiving services under title 36.
D. Volunteers reimbursed for expenses pursuant to subsection A, paragraph 5 of this section are not eligible for workers' compensation under title 23, chapter 6.
E. In implementing the temporary assistance for needy families program pursuant to Public Law 104-193, the department shall provide for cash assistance to two-parent families if both parents are able to work only on documented participation by both parents in work activities described in title 46, chapter 2, article 5, except that payments may be made to families who do not meet the participation requirements if:
1. It is determined on an individual case basis that they have emergency needs.
2. The family is determined to be eligible for diversion from long-term cash assistance pursuant to title 46, chapter 2, article 5.
F. The department shall provide for cash assistance under temporary assistance for needy families pursuant to Public Law 104-193 to two-parent families for no longer than six months if both parents are able to work, except that additional assistance may be provided on an individual case basis to families with extraordinary circumstances. The department shall establish by rule the criteria to be used to determine eligibility for additional cash assistance.
G. The department shall adopt the following discount medical payment system for persons who the department determines are eligible and who are receiving rehabilitation services pursuant to subsection A, paragraph 1, subdivision (d) of this section:
1. For inpatient hospital admissions and outpatient hospital services the department shall reimburse a hospital according to the rates established by the Arizona health care cost containment system administration pursuant to section 36-2903.01, subsection G.
2. The department's liability for a hospital claim under this subsection is subject to availability of funds.
3. A hospital bill is considered received for purposes of paragraph 5 of this subsection on initial receipt of the legible, error-free claim form by the department if the claim includes the following error-free documentation in legible form:
(a) An admission face sheet.
(b) An itemized statement.
(c) An admission history and physical.
(d) A discharge summary or an interim summary if the claim is split.
(e) An emergency record, if admission was through the emergency room.
(f) Operative reports, if applicable.
(g) A labor and delivery room report, if applicable.
4. The department shall require that the hospital pursue other third-party payors before submitting a claim to the department. Payment received by a hospital from the department pursuant to this subsection is considered payment by the department of the department's liability for the hospital bill. A hospital may collect any unpaid portion of its bill from other third-party payors or in situations covered by title 33, chapter 7, article 3.
5. For inpatient hospital admissions and outpatient hospital services rendered on and after October 1, 1997, if the department receives the claim directly from the hospital, the department shall pay a hospital's rate established according to this section subject to the following:
(a) If the hospital's bill is paid within thirty days of the date the bill was received, the department shall pay ninety-nine percent of the rate.
(b) If the hospital's bill is paid after thirty days but within sixty days of the date the bill was received, the department shall pay one hundred percent of the rate.
(c) If the hospital's bill is paid any time after sixty days of the date the bill was received, the department shall pay one hundred percent of the rate plus a fee of one percent per month for each month or portion of a month following the sixtieth day of receipt of the bill until the date of payment.
6. For medical services other than those for which a rate has been established pursuant to section 36-2903.01, subsection G, the department shall pay according to the Arizona health care cost containment system capped fee-for-service schedule adopted pursuant to section 36-2904, subsection K or any other established fee schedule the department determines reasonable.
H. The department shall not pay claims for services pursuant to this section that are submitted more than nine months after the date of service for which the payment is claimed.
I. To assist in the location of persons or assets for the purpose of establishing paternity, establishing, modifying or enforcing child support obligations and other related functions, the department has access, including automated access if the records are maintained in an automated database, to records of state and local government agencies, including:
1. Vital statistics, including records of marriage, birth and divorce.
2. State and local tax and revenue records, including information on residence address, employer, income and assets.
3. Records concerning real and titled personal property.
4. Records of occupational and professional licenses.
5. Records concerning the ownership and control of corporations, partnerships and other business entities.
6. Employment security records.
7. Records of agencies administering public assistance programs.
8. Records of the motor vehicle division of the department of transportation.
9. Records of the state department of corrections.
10. Any system used by a state agency to locate a person for motor vehicle or law enforcement purposes, including access to information contained in the Arizona criminal justice information system.
J. Notwithstanding subsection I of this section, the department or its agents shall not seek or obtain information on the assets of an individual unless paternity is presumed pursuant to section 25-814 or established.
K. Access to records of the department of revenue pursuant to subsection I of this section shall be provided in accordance with section 42-2003.
L. The department also has access to certain records held by private entities with respect to child support obligors or obligees, or individuals against whom such an obligation is sought. The information shall be obtained as follows:
1. In response to a child support subpoena issued by the department pursuant to section 25-520, the names and addresses of these persons and the names and addresses of the employers of these persons, as appearing in customer records of public utilities, cable operators and video service providers.
2. Information on these persons held by financial institutions.
M. Pursuant to department rules, the department may compromise or settle any support debt owed to the department if the director or an authorized agent determines that it is in the best interest of this state and after considering each of the following factors:
1. The obligor's financial resources.
2. The cost of further enforcement action.
3. The likelihood of recovering the full amount of the debt.
N. Notwithstanding any law to the contrary, a state or local governmental agency or private entity is not subject to civil liability for the disclosure of information made in good faith to the department pursuant to this section.
Sec. 18. Section 41-3026.21, Arizona Revised Statutes, is amended to read:
41-3026.01. Department of economic security; termination July 1, 2026
A. The department of economic security terminates on July 1, 2026.
B. title 8, chapter 4, title 41, chapter 14 and this section are repealed on January 1, 2027.
Sec. 19. Repeal
Section 41-3028.05, Arizona Revised Statutes, is repealed.
Sec. 20. Succession
A. As provided by this act, the department of economic security succeeds to the authority, powers, duties and responsibilities of the department of child safety.
B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the department of child safety in existence before the effective date of this act.
C. Administrative rules and orders that were adopted by the department of child safety continue in effect until superseded by administrative action by the department of economic security.
D. All administrative matters, contracts and judicial and quasi-judicial actions, whether completed, pending or in process, of the department of child safety on the effective date of this act are transferred to and retain the same status with the department of economic security.
E. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the department of child safety retain their validity for the duration of their terms of validity as provided by law.
F. All equipment, records, furnishings and other property, all data and investigative findings, all obligations and all appropriated monies that remain unexpended and unencumbered on the effective date of this act of the department of child safety are transferred to the department of economic security.
G. All personnel who are under the state personnel system and who are employed by the department of child safety are transferred to comparable positions and pay classifications in the respective administrative units of the department of economic security on the effective date of this act.
Sec. 21. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifth-seventh legislature, second regular session.
