What Every Parent Should Know About Child Protection Services: SB 1430 - Children, Child Protective Services

Monday, January 28, 2013

SB 1430 - Children, Child Protective Services - Key Vote

Arizona Key Votes

Stages

Family

Issues

Stage Details

Legislation - Bill Failed (House) (29-27) - June 21, 2006 (Key vote)

Title: Children, Child Protective Services

See The Voting Record
Full Bill Text

Legislation - Bill Passed (Senate) (17-12) - March 16, 2006 (Key vote)

Title: Children, Child Protective Services

Vote Smart's Synopsis:

Vote to pass a bill that increases the amount of evidence that must be presented in court proving abuse and neglect from “clear and convincing” to “beyond a reasonable doubt” before a parent-child relationship can be terminated. The bill also requires Child Protective Services to notify the parents of the charges against them before removing a child from their home and establishes the Family Advocacy Council and Family Advocacy Office.

See The Voting Record
Full Bill Text

Legislation - Introduced (Senate) - Jan. 30, 2006

Title: Children, Child Protective Services

Legislation - Bill Failed (House) (29-27) - June 21, 2006 (Key vote)

Title: Children, Child Protective Services

See The Voting Record
Full Bill Text

Legislation - Bill Passed (Senate) (17-12) - March 16, 2006 (Key vote)

Title: Children, Child Protective Services

Vote Smart's Synopsis:

See The Voting Record
Full Bill Text

Legislation - Introduced (Senate) - Jan. 30, 2006

Title: Children, Child Protective Services

http://votesmart.org/bill/924/children-child-protective-services

State of Arizona

Senate

Forty-seventh Legislature

Second Regular Session

2006

SENATE BILL 1430

AN ACT

Amending sections 8-803, 8-807, 8-822 and 8-823, Arizona Revised Statutes; Amending SECTION 8-537, Arizona Revised Statutes, as amended by laws 2003, second special session, chapter 6, section 9; amending section 8-537, Arizona Revised Statutes, as amended by laws 2003, second special session, chapter 6, section 10; amending section 8-844, Arizona Revised Statutes; amending title 8, chapter 10, Arizona Revised Statutes, by adding article 8; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3011.11; making an appropriation; relating to children.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 8-803, Arizona Revised Statutes, is amended to read:

8-803. Limitation of authority; duty to inform

A. Upon initial contact with a parent, guardian or custodian under investigation pursuant to this article, a child protective services worker shall inform the family that the family is under investigation by the department, shall inform the parent, guardian or custodian of the specific complaint or allegation made against that person and shall make clear that the worker has no legal authority to compel the family to cooperate with the investigation or to receive protective services offered pursuant to the investigation. The worker shall inform the family of the worker's authority to petition the juvenile court for a determination that a child is dependent. The worker shall inform the parent, guardian or custodian of that person's right to participate in the mediation program in the attorney general's office, to file a complaint with the ombudsman‑citizens aide pursuant to section 41‑1376 and to appeal determinations made by child protective services. The worker shall provide the telephone numbers of these state agencies. The worker shall supply the information prescribed in this subsection and information outlining parental rights under the laws of this state in writing and shall make all reasonable efforts to receive written acknowledgment from the parent, guardian or custodian.

A. On initial contact with a person who is under investigation pursuant to this article, the child protective services worker must inform that person of all of the following and must make all reasonable efforts to receive written confirmation that the person under investigation received this information:

1. That the person is under investigation by the department.

2. The specific complaint or allegation made against the person.

3. That the worker has no legal authority to compel the person under investigation or the person's family to cooperate with the investigation or to receive protective services offered pursuant to the investigation.

4. That the worker has authority to petition the juvenile court for a determination that a child is dependent.

5. That the person under investigation is not required to allow the worker to enter the dwelling.

6. That the person under investigation has the right to participate in the mediation program in the attorney general's office, to file a complaint with the ombudsman-citizens aide pursuant to section 41-1376 and to appeal determinations made by child protective services. The worker must provide the person with the telephone numbers of these state agencies.

B. the worker must make all reasonable efforts to inform the person pursuant to subsection A of this section before the child is removed from the home.

C. The department has the burden of proof that the worker informed the person as prescribed pursuant to subsection A of this section.

B. D. The child protective services worker shall also inform the person about whom the report was made about that person's right to respond to the allegations either verbally or in writing, including any documentation, and to have this information considered in determining if the child is in need of protective services. The worker shall tell inform the person that anything the person says or writes can be used in a court proceeding. If the person makes a verbal response, the worker shall include the response in the written report of the investigation. If the person makes a written response, including any documentation, the worker shall include this response and the documentation in the case file. Information provided in response to the allegations shall be considered during the investigation by the worker. The worker shall maintain the response and documentation in the case file and provide this information to the court before a hearing or trial relating to the dependency petition.

C. D. If the family declines to cooperate with the investigation or to accept or to participate in the offered services, or if the worker otherwise believes that the child should be adjudicated dependent, the worker may file with the juvenile court a petition requesting that the child in need of protective services be adjudicated dependent.

D. E. Refusal to cooperate in the investigation or to participate in the offered services does not constitute grounds for temporary custody of a child except if there is a clear necessity for temporary custody as provided in section 8‑821.

Sec. 2. Section 8-807, Arizona Revised Statutes, is amended to read:

8-807. CPS information; public record; use; confidentiality; violation; classification; definitions

A. CPS information shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to this state. All exceptions for the public release of CPS information shall be construed as openly as possible under federal law.

B. If there is a reasonable need for the CPS information, the department, or a person who receives CPS information pursuant to this subsection, shall provide CPS information to a federal agency, a state agency, a tribal agency, a county or municipal agency, a county attorney, a school, a community service provider, a contract service provider or any other person that is providing services pursuant to this chapter:

1. To meet its duties to provide for the safety, permanency and well‑being of a child, provide services to a parent, guardian or custodian or provide services to family members to strengthen the family pursuant to this chapter.

2. To enforce or prosecute any violation involving child abuse or neglect, including provision of the CPS information to a defendant after a criminal charge has been filed.

C. The department shall disclose CPS information to a court, a party in a dependency or termination of parental rights proceeding or the party's attorney, the foster care review board or a court appointed special advocate for the purposes of and as prescribed in this title.

D. The department shall disclose CPS information to a domestic relations, family or conciliation court if the CPS information is necessary to promote the safety and well‑being of children. The court shall notify the parties that it has received the CPS information.

E. A person or agent of a person who is the subject of CPS information shall have access to CPS information concerning that person.

F. The department:

1. May provide CPS information to confirm, clarify or correct information concerning an allegation or actual instance of child abuse or neglect that has been made public by sources outside the department.

2. May provide and, on request, shall provide summary information regarding a fatality or near fatality caused by abuse or neglect.

3. May provide CPS information to a person who is conducting bona fide research, the results of which might provide CPS information that is beneficial in improving child protective services.

4. May provide access to CPS information to the parent, guardian or custodian of a child if the CPS information is reasonably necessary to promote the safety, permanency and well‑being of the child.

G. Access to CPS information in the central registry shall be provided as prescribed in section 8‑804.

H. To provide oversight of child protective services, the department shall provide access to CPS information to the following persons, if the CPS information is reasonably necessary for the person to perform the person's official duties:

1. Federal or state auditors.

2. Persons conducting any accreditation deemed necessary by the department.

3. A standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives for purposes of conducting investigations related to the legislative oversight of the department of economic security. This information shall not be further disclosed.

4. A legislator who is responsible for oversight of the enabling or appropriating legislation to carry out these functions. This information shall not be further disclosed. To request a file pursuant to this paragraph:

(a) The legislator shall submit a written request for CPS information to the presiding officer of the body of which the state legislator is a member. The request shall state the name of the person whose case file is to be reviewed and any other information that will assist the department in locating the file. The request shall also include the office of the department at which the legislator wants to review the file.

(b) The presiding officer shall forward the request to the department within five working days of the receipt of the request.

(c) The department shall make the necessary arrangements for the legislator to review the file at an office of the department, chosen by the legislator, within ten working days.

(d) The legislator shall sign a form, before reviewing the file, that outlines the confidentiality laws governing child protective services files and penalties for further release of the information.

5. A citizen review panel as prescribed by federal law, a child fatality review team as provided in title 36, chapter 35 and the office of ombudsman‑citizen's ombudsman-citizens aide.

6. the staff of the family advocacy office. This information shall not be further disclosed.

I. A person who is not specifically authorized by this section to obtain CPS information may petition a judge of the superior court to order the department to release that CPS information. The court shall balance the rights of the parties entitled to confidentiality pursuant to this section against the rights of the parties seeking release of the CPS information. The court may release otherwise confidential CPS information only if the rights of the parties seeking the CPS information and any benefits from releasing the CPS information sought outweigh the rights of the parties entitled to confidentiality and any harm that may result from releasing the CPS information sought.

J. Except as provided in subsection K of this section, before it releases records under this section, the department shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of a person who reports child abuse or neglect and to protect any other person if the department believes that disclosure of the CPS information would be likely to endanger the life or safety of the person. The department is not required by this section to disclose CPS information if the disclosure would compromise the integrity of a child protective services or criminal investigation.

K. A person who is the subject of an unfounded report or complaint made pursuant to this chapter and who believes that the report or complaint was made in bad faith or with malicious intent may petition a judge of the superior court to order the department to release the CPS information. The petition shall specifically set forth reasons supporting the person's belief that the report or complaint was made in bad faith or with malicious intent. The court shall review the CPS information in camera and the person filing the petition shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the person making the report or complaint would not be likely to endanger the life or safety of the person making the report or complaint, it shall provide a copy of the CPS information to the person filing the petition and the original CPS information is subject to discovery in a subsequent civil action regarding the making of the report or complaint.

L. The department shall provide the person who conducts a forensic medical evaluation with any records the person requests, including social history and family history regarding the child, the child's siblings and the child's parents or guardians.

M. The department shall provide CPS information on request to a prospective adoptive parent, foster parent or guardian, if the information concerns a child the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care for.

N. If the department receives information that is confidential by law, the department shall maintain the confidentiality of the information as prescribed in the applicable law.

O. A person may authorize the release of CPS information about the person but may not waive the confidentiality of CPS information concerning any other person.

P. The department may provide a summary of the outcome of a child protective services investigation to the person who reported the suspected child abuse or neglect.

Q. The department shall adopt rules to facilitate the accessibility of CPS information.

R. The department may charge a fee for copying costs required to prepare CPS information for release pursuant to this section.

S. A person who violates this section is guilty of a class 2 misdemeanor.

T. For the purposes of this section:

1. "CPS information" includes all information the department gathers during the course of a child protective services investigation conducted under this chapter from the time a file is opened and until it is closed. CPS information does not include information that is contained in child welfare agency licensing records.

2. "Near fatality" means an act that, as certified by a physician, places a child in serious or critical condition.

Sec. 3. Section 8-822, Arizona Revised Statutes, is amended to read:

8-822. Removal of child from home; review; review teams

The department shall adopt rules and establish clear policies and procedures, where appropriate, to:

1. Determine the circumstances under which it is appropriate to remove a child from the custody of the child's parents, guardian or custodian.

2. Ensure the immediate notification of the child's parents, guardian or custodian regarding the removal of the child from home, school or child care and the timely interview of the child and the child’s parent, guardian or custodian.

3. Review each removal of a child that is expected to result in a dependency petition to assess options other than continued out‑of‑home placement including in‑home services to the family. Such The reviews shall be conducted before the dependency petition is filed. The review team shall consist of a protective services worker, a or the worker's supervisor, but not both the worker and the supervisor, and two members of the local foster care review board. At least one foster care review board member shall be from the district where the child was removed. If two members of the foster care review board are not available, the review team must consult an employee of the family advocacy office established in section 8-902. If the child has a medical need or a chronic illness, the review team shall include the child's physician. If all reasonable efforts to reach the child's physician have been made and the physician is not available, the team shall include a physician who is licensed pursuant to title 32, chapter 13 or 17 and who is familiar with children's health care. A child shall not be removed unless a majority of the members of the review team agree that removal is necessary. If a majority of the members of the review team do not agree that removal is necessary, the child shall not be removed or, if the child has already been removed, the child shall be returned to the home.

Sec. 4. Section 8-823, Arizona Revised Statutes, is amended to read:

8-823. Notice of taking into temporary custody

A. If a child is taken into temporary custody pursuant to this article, the interested person, peace officer or child protective services worker taking the child into custody shall provide written notice within six hours to the parent or guardian of the child, unless:

1. The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.

2. The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty‑four hours.

3. The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.

B. The written notice shall contain a signature line for the parent or guardian to acknowledge receipt of both written and verbal notices. The written and verbal notices shall contain the name of the person and agency taking the child into custody, the location from which the child was taken and all of the following information:

1. Specific reasons as to why the child is being removed. The notice shall list the specific factors that caused the determination of imminent danger.

2. Services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman‑citizen's aide ombudsman‑citizens aide's office and an explanation of the services that office offers.

3. The date and time of the taking into custody.

4. The name and telephone number of the agency responsible for the child.

5. A statement of the reasons for temporary custody of the child.

6. A statement that the child must be returned within seventy‑two hours, excluding Saturdays, Sundays and other legal holidays, unless a dependency petition is filed and a statement that a child in temporary custody for examination pursuant to section 8‑821, subsection B, paragraph 2 must be returned within twelve hours unless abuse or neglect is diagnosed.

7. One of the following:

(a) If a dependency petition has not been filed or if the information prescribed in subdivision (b) is not available, a statement that if a dependency petition is filed, the parent or guardian will be provided a written notice no later than twenty‑four hours after the petition is filed that contains the information prescribed in subdivision (b).

(b) In all other cases, the date, time and place of the preliminary protective hearing to be held pursuant to section 8‑824 and the requirements of subsection D of this section.

8. A statement of the right of the parent or guardian to counsel and that counsel will be appointed pursuant to section 8‑221 through the juvenile court if a dependency petition is filed and the person is indigent.

9. Information regarding the ability of the person about whom the report was made to provide a verbal, telephonic or written response to the allegations. A verbal response shall be included in the written report of the investigation. A written response, including any documentation, shall be included in the case file. The response shall be provided to the removal review team if the response is made before the team considers the removal.

10. A statement that the hearing may result in further proceedings to terminate parental rights.

11. Information that a removal review team will be meeting to review the removal pursuant to section 8-822 and the date and time that meeting will take place.

C. The protective services worker shall provide the parent or guardian with the notice even if the parent or guardian refuses to sign the acknowledgment.

D. Immediately before the time of the preliminary protective hearing, the persons described in section 8‑824, subsection B shall meet and attempt to reach an agreement about placement of the child, services to be provided to the child, parent or guardian and visitation of the child. The parties shall meet with their counsel, if any, before this meeting. Consideration shall be given to the availability of reasonable services to the parent or guardian and the child's health and safety shall be a paramount concern. The persons described in section 8‑824, subsection C may attend the meeting to reach an agreement.

E. If a dependency petition is filed by the department, the child protective services worker is responsible for delivering the notice of the preliminary protective hearing prescribed in subsection B, paragraph 7 of this section to the parent or guardian. In all other cases, the person who files the dependency petition is responsible for delivery of this notice to the parent or guardian. If the location of the parent or guardian is unknown, the person who is responsible for serving this notice shall make reasonable efforts to locate and notify the parent or guardian.

Sec. 5. Section 8-537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 9, is amended to read:

8-537. Termination adjudication hearing

A. If a petition for terminating the parent‑child relationship is contested, the court shall hold a termination adjudication hearing. The general public shall be excluded and only such persons admitted whose presence the judge finds to have a direct interest in the case or the work of the court shall be admitted, provided that such the person so admitted shall not disclose any information secured at the hearing. The court may require the presence of any parties and witnesses it deems necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 8‑535, or has relinquished the parent's rights to the child shall not be required to appear at the hearing.

B. The court's or jury's findings with respect to grounds for termination shall be based upon clear and convincing on evidence beyond a reasonable doubt under the rules applicable and adhering to the trial of civil causes. The court or jury may consider any and all reports required by this article or ordered by the court pursuant to this article and such reports are admissible in evidence without objection.

C. If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8‑535, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent‑child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

Sec. 6. Section 8-537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 10, is amended to read:

8-537. Termination adjudication hearing

B. The court's findings with respect to grounds for termination shall be based upon clear and convincing on evidence beyond a reasonable doubt under the rules applicable and adhering to the trial of civil causes. The court may consider any and all reports required by this article or ordered by the court pursuant to this article and such these reports are admissible in evidence without objection.

Sec. 7. Section 8-844, Arizona Revised Statutes, is amended to read:

8-844. Dependency adjudication hearing; settlement conference or mediation

A. Before a contested dependency case proceeds to adjudication, the court shall hold a settlement conference or pretrial conference or shall order mediation. All of the parties in the contested action shall participate in the conference or mediation.

B. The court shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.

C. If, at the dependency adjudication hearing, the court:

1. Finds by a preponderance of the clear and convincing evidence that the allegations contained in the petition are true, the court shall:

(a) Make the following findings as to each parent:

(i) That the court has jurisdiction over the subject matter and the person before the court.

(ii) The factual basis for the dependency.

(iii) That the child is dependent.

(b) Conduct a disposition hearing.

2. Does not find by a preponderance of the clear and convincing evidence that the allegations contained in the petition are true, the court shall dismiss the petition.

D. The court may adjudicate a child dependent as to one parent or guardian and proceed with a disposition, review or permanency hearing or any other hearing as to that particular parent or guardian notwithstanding another parent’s or guardian’s request to contest the allegations in the petition or that another parent or guardian has not been served.

E. The court may hold the disposition hearing on the same date as the dependency adjudication hearing or at a later date that is not more than thirty days after the date of the dependency adjudication hearing.

F. If a parent does not appear at the pretrial conference, settlement conference or dependency adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8‑826, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may make a determination of dependency and disposition based on the record and evidence presented as provided in rules prescribed by the supreme court.

Sec. 8. Title 8, chapter 10, Arizona Revised Statutes, is amended by adding article 8, to read:

ARTICLE 8. FAMILY ADVOCACY OFFICE

8-901. Family advocacy office

A. The family advocacy office is ESTABLISHED under the legislative council. The legislative council shall fund the expenses of the family advocacy office from the monies appropriated to the legislative council. The legislative council shall include the expenses of the family advocacy office as a separate line item in the general appropriations act. The office shall:

1. Offer staff support to the joint legislative committee on children and family services.

2. Conduct research and collect data relating to the child protective services system.

3. Serve as a resource to families that are affected by actions taken by child protective services.

4. Provide other necessary services to the joint legislative committee on children and family services.

B. The family advocacy office may accept monetary contributions and in-kind contributions in the form of expertise.

C. The joint legislative committee on children and family services shall APPOINT an executive director of the family advocacy office who serves at the pleasure of the joint legislative committee on children and family services. The Executive director:

1. Is eligible to receive compensation set by the joint legislative committee on children and family services within the range determined under section 38-611.

2. may employ and terminate employees, or contract for special services, as necessary to carry out the responsibilities of the office and the joint legislative committee on children and family services.

3. Prepare minutes, records, reports and record all the joint legislative committee on children and family services actions.

4. Enter into contracts pursuant to title 41, chapter 23 to procure goods and services that are necessary to carry out joint legislative committee on children and family services and office duties, policies and directions.

Sec. 9. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3011.11, to read:

41-3011.11. Family advocacy office; termination July 1, 2011

A. The family advocacy office terminates on July 1, 2011.

B. Title 8, chapter 10, article 8 is repealed on January 1, 2012.

Sec. 10. Purpose

Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the family advocacy office to serve as a resource and advocate for families affected by actions taken by the department of economic security in relation to child protective services.

Sec. 11. Appropriation; purpose; exemption

A. The sum of $125,000 is appropriated from the state general fund in fiscal year 2006-2007 to the family advocacy office for the purposes of this act.

B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

Sec. 12. Effective date

Section 8-537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 10 and this act, is effective from and after December 31, 2006 except that, if H.B. 2559, section 4, forty‑seventh legislature, second regular session, becomes law, section 8‑537, Arizona Revised Statutes, as amended by Laws 2003, second special session, chapter 6, section 10 and this act, is effective from and after December 31, 2009.

http://votesmart.org/static/billtext/4204.htm

What Every Parent Should Know About Child Protection Services

Monday, January 28, 2013

SB 1430 - Children, Child Protective Services - Key Vote

SB 1430 - Children, Child Protective Services - Key Vote

Arizona Key Votes

Stages

Family

Issues

Stage Details

Legislation - Bill Failed (House) (29-27) - June 21, 2006 (Key vote)

Legislation - Bill Passed (Senate) (17-12) - March 16, 2006 (Key vote)

Legislation - Introduced (Senate) - Jan. 30, 2006

Sponsors

Co-sponsors

Legislation - Bill Failed (House) (29-27) - June 21, 2006 (Key vote)

Legislation - Bill Passed (Senate) (17-12) - March 16, 2006 (Key vote)

Legislation - Introduced (Senate) - Jan. 30, 2006

Sponsors

Co-sponsors

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