Thursday, January 19, 2017

§8-812 Child Safety Expedited substance abuse treatment fund

§ 8-812. Child Safety Expedited Substance Abuse Treatment Fund

8-812. Child safety expedited substance abuse treatment fund

A. The child safety expedited substance abuse treatment fund is established consisting of monies appropriated by the legislature. The department shall administer the fund.

B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. Monies in the fund shall be used to provide expedited substance abuse treatment to parents or guardians with a primary goal of facilitating family preservation or reunification, including, if necessary, services that maintain the family unit in a substance abuse treatment setting. Fund monies shall not be spent on behalf of a parent or guardian unless all of the following are true:

1. The parent or guardian is a party to a dependency action concerning a child of the parent or a child under the care of the guardian.

2. The parent or guardian is not eligible for benefits under title XIX of the social security act (P.L. 89-97; 79 Stat. 344) or private insurance, or the necessary substance abuse treatment service is not available under title XIX of the social security act or private insurance.

3. The case plan provides for the child to either remain with or return to the parent or guardian.

4. The treatment is necessary for the case plan to be accomplished.

D. The department shall give preference in using fund monies to pay for treatment for parents or guardians who are parties in cases that are part of any judicially or legislatively created program for expedited proceedings in dependency determinations.

E. The fund is the payor of last resort for treatment. Fund monies shall not be spent to pay for treatment if other monies are available to pay for the treatment. If it is determined after fund monies are spent to pay for treatment that other monies were available to pay for the treatment, the department may seek to have the fund reimbursed for the payment.

F. The department shall make the following information available to the public on request and on the department's website:

1. The number and percentage of parents and guardians who are offered treatment paid for with fund monies and who complete treatment.

2. The number of cases and children who are able to remain with or are returned to the custody of their parents or guardians as a result, in whole or in part, of treatment paid for with fund monies.

3. The number of children who receive expedited permanent placement as a result of the availability of services paid for with fund monies.

4. Data for cases that are part of expedited proceedings as described in subsection D of this section.

G. The department shall provide services pursuant to this section in collaboration with the department of health services.

H. A recipient of services that are paid for with fund monies shall sign a written statement that is substantially in the following form:

By signing this document, I indicate my understanding of the seriousness of my substance abuse problem and its effects on my ability to parent my child or children. I understand that this expedited substance abuse treatment program is paid for with monies that were specifically provided to speed the resolution of the case plan that may return the child or children to the parent. I acknowledge that successful completion of this treatment program will be a significant factor in my future relationship with my child or children, the state of Arizona and the department of child safety. I fully intend to complete the substance abuse treatment program as part of the case plan to obtain custody of my child or children.