Bill Text: AZ SB1528 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced
Bill Title: Kinship foster care; fingerprint requirement
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2022-02-01 - Senate read second time [SB1528 Detail]
Download: Arizona-2022-SB1528-Introduced.html
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REFERENCE TITLE: kinship foster care; fingerprint requirement |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1528 |
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Introduced by Senators Alston: Bowie, Contreras, Gabaldon, Gonzales, Hatathlie, Marsh, Otondo, Quezada, Rios, Stahl Hamilton, Steele, Terán; Representative Solorio
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AN ACT
amending sections 8-501, 8-506 and 8-509, arizona revised statutes; RELATING to child placement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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. "Division" or "department" means the department of child safety.
4. "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. "Foster child" means a child placed in a foster home or child welfare agency.
6. "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. "Foster parent" means any individual or individuals maintaining a foster home.
8. "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. "kinship Foster care" means the care and supervision of a foster CHILD in a foster home is provided by a relative or an individual who has a SIGNIFICANT RELATIONSHIP with the child.
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. 2. Section 8-506, Arizona Revised Statutes, is amended to read:
8-506. Denial, suspension or revocation of license; foster home; hearing; exception
A. The division may deny the application or suspend or revoke the license of any foster home for wilful violation of wilfully violating any provision of this article or failure failing to maintain the standards of the care prescribed by the division. Written notice of the grounds of the suspension or the proposed denial or revocation shall be given to the applicant or holder of the license. A copy of the written notice of the suspension or the proposed denial or revocation shall be forwarded to the agency that recommended the foster home for licensing. Within twenty-five days after the mailing date of the written notice of proposed denial, revocation or suspension, the applicant or holder may request a hearing in accordance with the rules of the division. If the hearing is requested it shall be held within ten days after the request, at which time the applicant or holder shall have the right to present testimony and confront witnesses.
B. A denial, suspension or revocation of a foster home license due to a failure to obtain or maintain a level I fingerprint clearance card as required by section 8-509, subsection b is not an appealable agency action.
Sec. 3. 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 a period of two years.
B. 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. notwithstanding subsection b of this section, the department may issue a license to a foster parent or parents who are providing kinship foster care, who provide satisfactory proof of having completed six actual hours of APPROVED initial foster parent training pursuant to section 8-503 and who have been approved for placement of a foster child or children pursuant to sections 8-514.02 and 8-514.03, including the submission by the foster parent or parents and each adult household member of a full set of fingerprints to obtain a state and federal criminal records checks pursuant to section 41-1750 and public law 92-544. a LIcense that is issued pursuant to this subsection is limited to the specific child or children placed in the care of the kinship foster parent or parents by the department. the department may modify a LIcense to include additional related children in the department's care, custody and control.
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.
D. e. If the department determines that completing the training required in subsections B, and C and 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.
