Child welfare professionals require ready access to State laws and regulations regarding decisions that affect child safety and well-being. This publication provides web addresses for State statutes that are accessible online and lists the parts of the code for each State and territory that contain the laws addressing child protection, child welfare, adoption, legal guardianship as a permanency option, and services for youth aging out of foster care. It also provides web addresses for Tribal codes, States’ regulation and policy sites, State court rules, and other judicial resources. State Statutes State statutes are provisions enacted by State legislatures that authorize a State government to operate and perform its many functions. All States, the District of Columbia, Puerto Rico, and the U.S. territories of American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands currently make their statutes available on websites that are freely accessible to the public.1 Statutes are organized topically into codes by titles, chapters, articles, or sections. Familiarity with the structure of a State’s code is helpful for locating information. 1 Online regulations for Puerto Rico are available only in Spanish. https://www.childwelfare.govLinks to State and Tribal Child Welfare Law and Policy This publication is a product of the State of a State’s code is helpful for locating information. Laws of Indian Tribes The Federal government recognizes more than 500 American Indian Tribes in the United States. Federally recognized Tribes possess some powers of selfgovernance, and many have organized Tribal councils and/or courts to handle issues concerning both Tribal lands and members. Several Tribes have posted Tribal codes on their websites; these are listed with the States in which the Tribes’ seats of Tribal government are located. State Regulation and Policy State regulations, also known as administrative law or policy, are promulgated by State agencies to guide the application of statutory requirements to agency practice.2 Each department or agency within a State government typically is responsible for formulating regulations and policy for the programs that the agency administers. Regulations tend to be organized into codes by agency, topic, or specific programs. Most States now make regulations available on either a State website organizing every agency’s administrative code or on the individual department or agency’s website. Many State agencies have further organized their regulations into policy manuals and other explanatory materials. These materials, as well as an array of other informational materials, can be found in Child Welfare Information Gateway’s State Guides & Manuals Search (https://www.childwelfare.gov/topics/systemwide/sgm/). The search links to online publications created by State agencies to describe their services and provide guidance on child welfare topics to both professional and general audiences. Other Considerations State statutes can be subject to further interpretation by State case law. Case law refers to the body of court opinion (i.e., the written decisions that are issued at the appellate and supreme court levels) that can affect the application of law. Individuals interested in how the law may apply to their specific situations should consult with a legal professional who has experience with child welfare law in their State. How to Access the Information Links to sources of information about the laws and policies of the States and territories can be accessed through the State statutes search page on Child Welfare Information Gateway’s website at https://www.childwelfare.gov/topics/ systemwide/laws-policies/state/.
Suggested Citation: Child Welfare Information Gateway. (2018). Links to state and tribal child welfare law and policy. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau.
This factsheet
discusses laws that extend legal protection to children who may be
harmed by witnessing acts of domestic violence in their homes. The
issues examined include the circumstances that constitute "witnessing"
domestic violence and the legal consequence to persons who commit the
domestic violence, such as enhanced penalties and fines.
Suggested Citation: Child Welfare Information Gateway. (2016). Child witnesses to domestic violence. Washington, DC: U.S. Department of Health and Human Services, Children's Bureau.
This publication is a product of the State
Statutes Series prepared by Child Welfare Information Gateway. While
every attempt has been made to be as complete as possible, additional
information on these topics may be in other sections of a State's code
as well as agency regulations, case law, and informal practices and
procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
To better understand this issue and to view it across States, download the
PDF
(426 KB) of this publication.
Current Through April 2016
Circumstances That Constitute Witnessing
In criminal law: An act of domestic violence, as defined in
§ 13-3601(A), that was committed in the presence of a child will be
considered an aggravating circumstance.
Consequences
An act of domestic violence committed in the presence of a child
is considered an aggravating circumstance when determining a sentence
and may result in a longer period of incarceration.
Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, download the
PDF
(439 KB) of this publication.
Current Through August 2015
Any member of the clergy, priest, or Christian Science practitioner
who reasonably believes that a minor is or has been the victim of
injury, abuse, child abuse, a reportable offense, or neglect shall
immediately report or cause a report to be made.
A member of the
clergy, a Christian Science practitioner, or a priest who has received a
confidential communication or a confession in that person's role as a
member of the clergy, a Christian Science practitioner, or a priest in
the course of the discipline enjoined by the church to which the member
of the clergy, Christian Science practitioner, or priest belongs may
withhold reporting of the communication or confession if the member of
the clergy, Christian Science practitioner, or priest determines that it
is reasonable and necessary within the concepts of the religion. This
exemption applies only to the communication or confession and not to the
personal observations the member of the clergy, Christian Science
practitioner, or priest may otherwise make of the minor.
In any
civil or criminal litigation in which a child's neglect, dependency,
physical injury, abuse, child abuse, or abandonment is an issue, a
member of the clergy, a Christian Science practitioner, or a priest
shall not, without his or her consent, be examined as a witness
concerning any confession made to him or her in his or her role as a
member of the clergy, a Christian Science practitioner, or a priest in
the course of the discipline enjoined by the church to which he or she
belongs. This subsection does not discharge a member of the clergy, a
Christian Science practitioner, or a priest from the duty to report as
required above.
Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, download the
PDF
(325 KB) of this publication.
Current Through June 2016
When telephone or in-person reports are received by a peace officer,
the officer immediately shall notify child protective services in the
Department of Child Safety and make the information available to them.
Notwithstanding any other statute, when the department receives these
reports, it immediately shall notify a peace officer in the appropriate
jurisdiction.
To better understand this issue and to view it across States, download the
PDF
(587 KB) of this publication.
Current Through February 2016
Physical Abuse
'Abuse' means:
Inflicting or allowing physical injury, impairment of bodily function, or disfigurement
Physical
injury that results from permitting 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
Unreasonable confinement of a child
'Serious
physical injury' means an injury that is diagnosed by a medical doctor
and that does any one or a combination of the following:
Creates a reasonable risk of death
Causes serious or permanent disfigurement
Causes significant physical pain
Causes serious impairment of health
Causes the loss or protracted impairment of an organ or limb
Is
the result of sexual abuse, sexual conduct with a minor, sexual
assault, molestation of a child, child prostitution, commercial sexual
exploitation of a minor, sexual exploitation, or incest
Neglect
'Neglect' or 'neglected' means:
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 unreasonable risk of harm to
the child's health or welfare
Permitting 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 purposes of manufacturing a dangerous drug
A
determination by a health professional that a newborn infant was exposed
prenatally to a drug or substance listed in § 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
A
diagnosis by a health professional of an infant under age 1 with
clinical findings consistent with fetal alcohol syndrome or fetal
alcohol effects
The determination by a health professional
of prenatal exposure to a controlled substance shall be based on one or
more of the following:
Clinical indicators in the prenatal period, including maternal and newborn presentation
History of substance use or abuse
Medical history
Results of a toxicology or other laboratory test on the mother or the newborn infant
Sexual Abuse/Exploitation
The term 'abuse' includes:
Inflicting or allowing sexual abuse
Sexual conduct with a minor
Sexual assault
Molestation of a child
Commercial sexual exploitation of a minor
Sexual exploitation of a minor
Incest
Child prostitution
The term 'neglect' includes:
Deliberate
exposure of a child by a parent, guardian, or custodian to sexual
conduct, as defined in § 13-3551; sexual contact; oral sexual contact;
sexual intercourse; bestiality; or explicit sexual materials
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:
Sexual contact
Oral sexual contact
Sexual intercourse
Bestiality
Emotional Abuse
The term 'abuse' includes inflicting or allowing another person to
cause serious emotional damage to a child, as evidenced by severe
anxiety, depression, withdrawal, or untoward aggressive behavior, and
such emotional damage is diagnosed by a medical doctor or psychologist,
and the damage has been caused by the acts or omissions of an individual
having care, custody, and control of a child.
'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:
Seriously impairs mental faculties
Causes
serious anxiety, depression, withdrawal, or social dysfunction behavior
to the extent that the child suffers dysfunction that requires
treatment
Is the result of sexual abuse, sexual conduct with a
minor, sexual assault, molestation of a child, child prostitution,
commercial sexual exploitation of a minor, sexual exploitation of a
minor, or incest
Abandonment
Citation: Rev. Stat. § 8-201
'Abandoned' means:
The failure of the parent to provide
reasonable support and to maintain regular contact with the child,
including providing normal supervision
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 6 months shall constitute prima facie evidence of
abandonment.
Standards for Reporting
Citation: Rev. Stat. § 13-3620
A report is required when a mandatory reporter reasonably believes
that a child is or has been the victim of physical injury, abuse or
child abuse, a reportable offense (including child pornography, child
prostitution, or incest), or neglect that appears to have been inflicted
on the child by other than accidental means or that is not explained by
the available medical history as being accidental in nature, or the
person reasonably believes there has been a denial or deprivation of
necessary medical treatment or surgical care or nourishment with the
intent to cause or allow the death of an infant.
Persons Responsible for the Child
Responsible persons include:
The parent
A person having care, custody, and control of a child
Exceptions
A dependent child does not include a child who, in good faith, is
being furnished Christian Science treatment by a duly accredited
practitioner.
A child is not considered neglected if a parent's
inability to meet the needs of the child is due solely to the
unavailability of reasonable services.
To better understand this issue and to view it across States, download the
PDF
(533 KB) of this publication.
Current Through August 2017
Defined in Domestic Violence Civil Laws
'Domestic violence' means attempting to cause or causing
bodily injury to a family or household member or placing a family or
household member by threat of force in fear of imminent physical harm.
Defined in Child Abuse Reporting and Child Protection Laws
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
'Domestic violence' means any act that constitutes one of the following offenses:
A dangerous crime against children
Homicide, murder, or manslaughter
Endangerment
A threatening or intimidating act
Assault
Custodial interference
Unlawful imprisonment or kidnapping
Sexual assault
Criminal trespass
Criminal damage
Interfering with judicial proceedings
Disorderly conduct
Cruelty to animals
Intentionally preventing the use of a telephone by another person during an emergency
Use of an electronic communication to terrify, intimidate, threaten, harass, annoy, or offend
Harassment
Aggravated harassment
Stalking
Aggravated domestic violence
Surreptitious photographing, videotaping, or filming
Child or vulnerable adult abuse
Emotional abuse
Persons Included in the Definition
In criminal law: An act listed above is considered domestic violence if any of the following applies:
The
relationship between the victim and the defendant is one of marriage or
former marriage or of persons residing or having resided in the same
household.
The victim and the defendant have a child in common.
The victim or the defendant is pregnant by the other party.
The
victim is related to the defendant or the defendant's spouse by blood
or court order as a parent, grandparent, child, grandchild, brother, or
sister, or by marriage as a parent-in-law, grandparent-in-law,
stepparent, stepgrandparent, stepchild, stepgrandchild, brother-in-law,
or sister-in-law.
The victim is a child who resides or has
resided in the same household as the defendant and is related by blood
to a former spouse of the defendant or to a person who resides or who
has resided in the same household as the defendant.
The
relationship between the victim and the defendant is currently or was
previously a romantic or sexual relationship. The following factors may
be considered in determining whether the relationship between the victim
and the defendant is currently or was previously a romantic or sexual
relationship:
The type of relationship
The length of the relationship
The frequency of the interaction between the victim and the defendant
If the relationship has terminated, the length of time since the termination
In civil law:
'Family or household member' means a spouse, a former spouse, a parent,
a child, or other adult person related by consanguinity or affinity who
is residing or has resided in the household, or has a child or children
in common with the person committing the domestic violence, and
dependents of such persons.
To better understand this issue and to view it across States, download the
PDF
(580 KB) of this publication.
Current Through April 2016
Defined in Child Protection Law
The term 'abuse' includes:
Commercial sexual exploitation of a minor
Sexual exploitation of a minor
Child prostitution
'Serious
physical injury' means an injury that is diagnosed by a medical doctor
and that is the result of sexual abuse, sexual conduct with a minor,
sexual assault, molestation of a child, child prostitution, commercial
sexual exploitation of a minor, sexual exploitation, or incest.
Definitions of Labor Trafficking
It is unlawful for a person to knowingly obtain the labor or services of another person by doing any of the following:
Causing or threatening to cause bodily injury to that person or another person
Restraining or threatening to restrain that person or another person without lawful authority and against that person's will
Withholding that person's governmental records, identifying information, or other personal property
It is unlawful for a person to:
Knowingly
traffic another person with the intent to or knowledge that the other
person will be subject to forced labor or services
Knowingly
benefit, financially or by receiving anything of value, from
participation in a venture that has engaged in an act in violation of §§
13-1306, 13-1307, or this section
The term 'forced labor or services' means:
Labor or services that are performed or provided by another person and that are obtained through a person's:
Causing or threatening to cause serious physical injury to any person
Restraining or threatening to physically restrain another person
Knowingly
destroying, concealing, removing, confiscating, possessing, or
withholding another person's actual or purported passport or other
immigration document, government issued identification document,
government record, or personal property
Abusing or threatening to abuse the law or the legal system
Extortion
Causing or threatening to cause financial harm to any person
Facilitating or controlling another person's access to a controlled substance
Does
not include ordinary household chores and reasonable disciplinary
measures between a parent or legal guardian and the parent's or legal
guardian's child
The term 'traffic' means to entice,
recruit, harbor, provide, transport, or otherwise obtain another person
by deception, coercion, or force.
Definitions of Sex Trafficking of Minors
It is unlawful for a person to knowingly traffic another person who is age 18 or older with either of the following:
The
intent to cause the other person to engage in any prostitution or
sexually explicit performance by deception, force, or coercion
The
knowledge that the other person will engage in any prostitution or
sexually explicit performance by deception, coercion, or force
It is unlawful for a person to traffic another person who is younger than age 18 with either of the following:
The intent to cause the other person to engage in any prostitution or sexually explicit performance
The knowledge that the other person will engage in any prostitution or sexually explicit performance
The term 'coercion' includes:
Abusing or threatening to abuse the law or the legal system
Knowingly
destroying, concealing, removing, confiscating, possessing, or
withholding another person's actual or purported passport or other
immigration document, government issued identification document,
government record, or personal property
Extortion
Causing or threatening to cause financial harm to any person
Facilitating or controlling another person's access to a controlled substance
The
term 'force' includes causing or threatening to cause serious harm to
another person or physically restraining or threatening to physically
restrain another person.
The term 'sexually explicit performance'
means a live or public act or show intended to arouse or satisfy the
sexual desires or appeal to the prurient interest of patrons.
The term 'traffic' means to entice, recruit, harbor, provide, transport, or otherwise obtain another person.
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, download the
PDF
(651 KB) of this publication.
Current Through June 2017
Confidentiality of Records
Department of Child Safety (DCS) information shall be
maintained by the DCS as required by federal law. 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.
A person may authorize the release of DCS
information about the person but may not waive the confidentiality of
DCS information concerning any other person.
For the purposes of
this section, 'DCS information' 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. DCS
information does not include information that is contained in child
welfare agency licensing records.
Persons or Entities Allowed Access to Records
If there is a reasonable need for the DCS information, the department may provide the information to:
A federal, state, tribal, county, or municipal agency
A law enforcement agency or prosecutor
An attorney or a guardian ad litem representing a child victim
A school
A community or contract service provider or any other person providing services
A court
A party in a dependency or termination of parental rights proceeding or the party's attorney
The foster care review board
A court-appointed special advocate
A domestic relations, family, or conciliation court
A person who is the subject of the information
A person who is conducting bona fide research
The
parent, guardian, or custodian of a child if the information is
reasonably necessary to promote the safety, permanency, and well-being
of the child
A medical examiner directing an investigation into the circumstances surrounding a death
Federal or state auditors
Persons conducting any accreditation deemed necessary by the department
A legislative committee for purposes of conducting investigations related to the legislative oversight of the department
A legislator who requests CPS information in the regular course of his or her duties
A citizen review panel, a child fatality review team, and the Office of Ombudsman-Citizen's Aide
A human rights committee established pursuant to § 41-3801
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.
The department shall provide
DCS 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.
A person who is the subject of an unfounded report or
complaint, 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 DCS 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 DCS 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 DCS information to the person
filing the petition. The original DCS information will then be subject
to discovery in a subsequent civil action regarding the making of the
report or complaint.
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.
When Public Disclosure of Records is Allowed
The department may provide DCS information to confirm,
clarify, correct, or supplement information concerning an instance of
child abuse or neglect that has been made public by sources outside the
department.
The department shall promptly provide DCS information
to the public regarding a case of child abuse, abandonment, or neglect
that has resulted in a fatality or near fatality, as follows:
In the case of a fatality, the name of the child who has died
The age, gender, and general location of the residence of the child
The fact that a child suffered a fatality or near fatality as the result of abuse, abandonment, or neglect
The
name; age; and city, town, or general location of the residence of the
alleged perpetrator, if available, unless the disclosure would violate
the privacy of the victim
Whether there have been any current or
past cases of abuse, abandonment, or neglect involving the child or the
alleged perpetrator
Actions taken by the department in response to the fatality or near fatality of the child
A
detailed synopsis of prior reports or cases of abuse, abandonment, or
neglect involving the child or the alleged perpetrator and of the
actions taken or determinations made by the department in response to
these reports or cases
On request by any person, the
department shall promptly provide additional DCS information about the
case of child abuse, abandonment, or neglect that has resulted in a
fatality or a near fatality. Before releasing additional DCS
information, the department shall promptly notify the county attorney of
any decision to release that information, and the county attorney shall
promptly inform the department if it believes the release would cause a
specific, material harm to a criminal investigation or prosecution.
After consulting with the county attorney, the department shall produce
to the requestor as much additional DCS information about the case as
promptly as possible.
Use of Records for Employment Screening
The department shall conduct central registry background
checks and shall use the information contained in the central registry
only for the following purposes:
As a factor to determine
qualifications for foster home licensing, adoptive parent certification,
individuals who apply for child welfare agency licensing, child care
home certification, registration of unregulated child care homes with
the child care resource and referral system, and home- and
community-based services certification for services to children or
vulnerable adults
As a factor to determine qualifications for
persons who are employed or who are applying for employment with this
state in positions that provide direct service to children or vulnerable
adults
As a factor to determine qualifications for individuals
who are employed or who are applying for employment with a child welfare
agency in positions that provide direct service to children or
vulnerable adults
As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:
Any person who applies for a contract with this state and that person's employees
All employees of a contractor
A subcontractor of a contractor and the subcontractor's employees
Prospective employees of the contractor or subcontractor at the request of the prospective employer
To
provide information to licensees that do not contract with this state
regarding persons who are employed or seeking employment to provide
direct services to children
Except as otherwise provided by
law, reports and related records maintained by the department shall not
be used for purposes of employment or background checks. Only
information contained in the central registry may be used to conduct
background checks.
Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, download the
PDF
(332 KB) of this publication.
Current Through July 2014
Establishment
The Department of Child Safety shall maintain a central registry.
Purpose
The department shall conduct central registry background checks and
use the information in the central registry only for the following
purposes:<
ul>
As a factor to determine qualifications for
foster home licensing, adoptive parent certification, child care home
certification, registration of unregulated child care homes with the
child care resource and referral system, and home and community-based
services certification for services to children or vulnerable adults
As
a factor to determine qualifications for persons who are employed or
who are applying for employment with the State, or contractors or
subcontractors and their employees, in positions that provide direct
service to children or vulnerable adults
Beginning August 1,
2013, to provide information to licensees that do not contract with the
State regarding persons who are employed or seeking employment to
provide direct services to children
To identify and review
reports concerning individual children and families, in order to
facilitate the assessment of safety and risk
To determine the
nature and scope of child abuse and neglect in this State and to provide
statewide statistical and demographic information concerning trends in
child abuse and neglect
To allow comparisons of this State's statistical data with national data
To comply with § 8-804.01(B), which allows use of the records:
To assess the safety and risk to a child when conducting an investigation or identification of abuse or neglect
To determine placement for a child that is the least restrictive setting
To determine type and level of services and treatment provided to the child and the child's family
To assist in a criminal investigation or prosecution of child abuse or neglect
To meet Federal and State reporting requirements
Contents
A finding made by a court pursuant to § 8-844(C) that a child is
dependent based upon an allegation of abuse or neglect shall be recorded
as a substantiated finding of abuse or neglect. The registry will
maintain reports of child abuse and neglect that are substantiated and
the outcome of investigations.
Maintenance
If the department received a report before September 1, 1999, and
determined that the report was substantiated, the department shall
maintain the report in the central registry until 18 years from the
child victim's date of birth.
If the department received a report
on or after September 1, 1999, and determined that the report was
substantiated, the department shall maintain the report in the central
registry for a maximum of 25 years after the date of the report.
All
reports of child abuse and neglect and related records shall be
maintained in the department's case management information system in
accordance with the timeframes established in the department's records
retention schedule.
To better understand this issue and to view it across States, download the
PDF
(481 KB) of this publication.
Current Through March 2015
A person who furnishes a report, information, or records required
or authorized under this section, or a person who participates in a
judicial or administrative proceeding or investigation resulting from a
report, information, or records required or authorized under this
section, is immune from any civil or criminal liability by reason of
that action, unless the person acted with malice or unless the person
has been charged with or is suspected of abusing or neglecting the child
or children in question.
Any person making a complaint, providing information, or otherwise
participating in the program authorized by this article shall be immune
from any civil or criminal liability by reason of such action, unless
such person acted with malice or unless such person has been charged
with or is suspected of abusing, abandoning, or neglecting the child or
children in question.
Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, download the
PDF
(849 KB) of this publication.
Current Through January 2017
Individual Responsibility to Report
Any mandated reporter who reasonably believes that a minor
is the victim of abuse or neglect shall report immediately to a peace
officer, to the Department of Child Safety, or to a tribal law
enforcement or social services agency for any Indian minor who resides
on an Indian reservation. If, however, the report concerns a person who
does not have care, custody, or control of the minor, the report shall
be made to a peace officer only. Reports shall be made immediately
either electronically or by telephone.
Content of Reports
The reports shall contain the following information, if known:
The names and addresses of the minor and the minor's parents or the person or persons having custody of the minor
The minor's age
The
nature and extent of the minor's abuse, child abuse, physical injury,
or neglect, including any evidence of previous abuse, child abuse,
physical injury, or neglect
Any other information that the
person believes might be helpful in establishing the cause of the abuse,
child abuse, physical injury, or neglect
Reporting Suspicious Deaths
This issue is not addressed in the statutes reviewed.
Reporting Substance-Exposed Infants
A health-care professional who, after a routine newborn
physical assessment of a newborn infant's health status or following
notification of positive toxicology screens of a newborn infant,
reasonably believes that the newborn infant may be affected by the
presence of alcohol or a drug listed in § 13-3401 shall immediately
report this information, or cause a report to be made, to the
department. For the purposes of this subsection, 'newborn infant' means a
newborn infant who is younger than 30 days old.
Agency Receiving the Reports
Reports may be received by a peace officer, to the
Department of Child Safety, or a tribal law enforcement or social
services agency. When reports are received by a peace officer, the
officer shall immediately notify the department. Notwithstanding any
other statute, when the department receives these reports, it shall
immediately notify a peace officer in the appropriate jurisdiction. In regulation:
The department operates a Child Abuse Hotline to receive and screen
incoming communications. If a person calls, visits, or writes a
department office other than the Child Abuse Hotline to report child
maltreatment, the department shall refer the person or written
communication to the hotline.
The Child Abuse Hotline is a
statewide, toll-free telephone service that the department operates 24
hours per day, 7 days per week, to receive calls about child
maltreatment.
Initial Screening Decisions
When the hotline receives a call, staff shall determine the
type of alleged maltreatment, whether to classify the call as a report
for investigation, and check the central registry for prior reports on
the same persons.
If a call is screened in as a report, the
hotline staff shall gather additional information using standardized
questions, determine whether there are aggravating or mitigating
factors, and assign each report a priority code. Staff shall enter the
report into the central registry and immediately transmit the report to a
local office.
Upon receipt of a report, a child protective
services (CPS) unit supervisor shall assign the case for a field
investigation, alternative investigation, or alternative response, such
as a referral to Family Builders.
Agency Conducting the Assessment/Investigation
To comply with the priority response time, entities other
than CPS, such as law enforcement or emergency personnel, may initially
respond to a report.
Assessment/Investigation Procedures
An alternative investigation consists of contact with a
mandatory reporter who is currently involved with the family. The
information will determine if the child and other children residing in
the home are current victims of maltreatment or at risk of imminent
harm. If results indicate that an alleged victim is at risk of harm, the
case shall be immediately assigned for field investigation.
When conducting a field investigation, a CPS specialist shall determine:
The name, age, location, and current physical and mental condition of all children in the home of the alleged victim
Whether any child in the home has suffered maltreatment
Whether any child in the home is at risk of maltreatment in the future
A
CPS specialist shall interview the alleged victim; the alleged victim's
caregiver who allegedly committed the abuse; other adults and children
residing in the home; and other persons who may have relevant
information, including the reporting source, medical personnel,
relatives, neighbors, and school personnel. The CPS specialist also
shall review available documentation, including medical and psychiatric
reports, police reports, school records, and prior CPS files or consult
with law enforcement.
A CPS specialist may interview a child
without prior parental consent under § 8-802(C)(2). A CPS specialist may
exclude the alleged abuser from participating in an interview with the
alleged victim, the alleged victim's siblings, or other children
residing in the alleged victim's household.
Before interviewing a caregiver, a CPS specialist shall:
Orally inform the caregiver of the rights and duties under § 8-803(B)
Give the caregiver a written statement summarizing the same information
Ask the caregiver to sign a written acknowledgment of receipt of the information
Timeframes for Completing Investigations
Priority codes and initial response times are:
Priority 1 High Risk:
Standard Response: 2 hours
Mitigated Response: 24 hours
Priority 2 Moderate Risk:
Standard Response: 48 hours
Aggravated Response: 24 hours
Mitigated Response: 72 hours
Priority 3 Low Risk:
Standard Response: 72 hours
Aggravated Response: 48 hours
Mitigated Response: 72 hours excluding weekends and Arizona state holidays
Priority 4 Potential Risk:
Standard Response: 7 days
Aggravated Response: 72 hours excluding weekends and Arizona state holidays
Classification of Reports
After completing an investigation and considering the
information listed in R6-5-5509, a CPS specialist shall unsubstantiate
the allegations or make a proposed finding that the allegation is
substantiated based on whether the CPS specialist finds probable cause
to believe maltreatment occurred.
To better understand this issue and to view it across States, download the
PDF
(763 KB) of this publication.
Current Through August 2015
Professionals Required to Report
The following persons are required to report:
Physicians,
physician's assistants, optometrists, dentists, behavioral health
professionals, nurses, psychologists, counselors, or social workers
Peace officers, child welfare investigators, or child protective services workers
Members of the clergy, priests, or Christian Science practitioners
Parents, stepparents, or guardians
School personnel or domestic violence victim advocates
Any other person who has responsibility for the care or treatment of minors
Reporting by Other Persons
Any other person who reasonably believes that a minor is a victim of abuse or neglect may report.
Institutional Responsibility to Report
Not addressed in statutes reviewed.
Standards for Making a Report
A report is required when a person reasonably believes that a minor
is or has been the victim of physical injury, abuse, child abuse, a
reportable offense, or neglect that appears to have been inflicted on
the minor by other than accidental means or that is not explained by the
available medical history as being accidental in nature.
A 'reportable offense' means any of the following:
Any offense listed in chapters 14 and 35.1 of this title or § 13-3506.01
Surreptitious photographing, videotaping, filming, or digitally recording or viewing a minor pursuant to § 13-3019
Child prostitution pursuant to § 13-3212
Incest pursuant to § 13-3608
Unlawful mutilation pursuant to § 13-1214
Privileged Communications
Only the attorney-client and the clergy-penitent privileges are recognized.
Inclusion of Reporter's Name in Report
A report made to the child abuse hotline that is maintained by the
Department of Child Safety must include the name and address or contact
information for the person making the report.
Disclosure of Reporter Identity
Before it releases records pertaining to child maltreatment
investigations, 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.
To better understand this issue and to view it across States, download the
PDF
(554 KB) of this publication.
Current Through April 2015
For the purposes of subsections A and B of this section, the terms
'endangered' and 'abuse' include, but are not limited to, circumstances
in which a child or vulnerable adult is permitted 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 in violation of §
13-3407(A)(3) or (4).
Notwithstanding any other provision of this
section, a violation committed under circumstances described in this
subsection does not require that a person have care or custody of the
child or vulnerable adult.
The term 'abuse' includes physical injury that results from
permitting 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 § 13-3401.
'Neglect' or 'neglected' means:
Permitting
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 purposes of manufacturing a dangerous
drug as defined in § 13-3401
A determination by a health
professional that a newborn infant was exposed prenatally to a drug or
substance listed in § 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 § 13-3401 beyond the requirements prescribed
pursuant to § 13-3620(E). The determination by the health professional
shall be based on one or more of the following:
Clinical indicators in the prenatal period including maternal and newborn presentation
History of substance use or abuse
Medical history
The results of a toxicology or other laboratory test on the mother or the newborn infant
A
diagnosis by a health professional of an infant under age 1 with
clinical findings consistent with fetal alcohol syndrome or fetal
alcohol effects
A health-care professional who, after a routine newborn physical
assessment of a newborn infant's health status or following notification
of positive toxicology screens of a newborn infant, reasonably believes
that the newborn infant may be affected by the presence of alcohol or a
drug listed in § 13-3401 shall immediately report this information, or
cause a report to be made, to the Department of Child Safety. For the
purposes of this subsection, 'newborn infant' means a newborn infant who
is under 30 days of age.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, download the
PDF
(416 KB) of this publication.
Current Through August 2015
Failure to Report
A person who violates this section requiring the reporting of
child abuse or neglect is guilty of a Class 1 misdemeanor, except if the
failure to report involves a reportable offense, in which case the
person is guilty of a Class 6 felony.
A 'reportable offense' means any of the following:
Any offense listed in chapters 14 and 35.1 of this title or § 13-3506.01
Surreptitious photographing, videotaping, filming, or digitally recording or viewing a minor pursuant to § 13-3019
Child prostitution pursuant to § 13-3212
Incest pursuant to § 13-3608
Unlawful mutilation pursuant to § 13-1214
False Reporting
A person acting with malice who knowingly and intentionally makes a
false report of child abuse or neglect, or a person acting with malice
who coerces another person to make a false report of child abuse or
neglect, is guilty of a Class 1 misdemeanor.
A person who
knowingly and intentionally makes a false report that another person
made a false report is guilty of a Class 1 misdemeanor.
Representation of Children in Child Abuse and Neglect Proceedings
To better understand this issue and to view it across States, download the
PDF
(806 KB) of this publication.
Current Through December 2017
Making The Appointment
In all juvenile court proceedings in which the dependency
petition includes an allegation that the juvenile is abused or
neglected, the court shall appoint a guardian ad litem (GAL) to protect
the juvenile's best interests. This guardian may be an attorney or a
court-appointed special advocate (CASA).
The Use of Court-Appointed Special Advocates (CASAs)
The CASA program is established in the Administrative Office
of the Supreme Court. The program shall establish local
special-advocate programs in each county.
The supreme court shall
adopt rules prescribing the establishment of local programs and the
minimum performance standards of these programs.
The CASA fund
consists of moneys received pursuant to § 5-568 (from unclaimed prizes
from the state lottery). The fund is subject to annual legislative
appropriation. Moneys appropriated by the legislature from the CASA fund
for the CASA program shall be used by the supreme court to operate,
improve, maintain, and enhance the program.
Qualifications/Training
This issue is not addressed in the statutes reviewed.
Specific Duties
The GAL or attorney for a juvenile shall meet with the
juvenile before the preliminary protective hearing, if possible, or
within 14 days after the preliminary protective hearing. The GAL or
attorney for the juvenile also shall meet with the juvenile before all
substantive hearings. Upon a showing of extraordinary circumstances, the
judge may modify this requirement for any substantive hearing.
How the Representative Is Compensated
The county board of supervisors may fix a reasonable sum to be paid by the county for the services of an appointed attorney.
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, download the
PDF
(331 KB) of this publication.
Current Through July 2014
Right of the Reported Person to Review and Challenge Records
The Department of Child Safety shall notify a person who is alleged
to have abused or neglected a child that the department intends to
substantiate the allegation in the central registry and of that person's
right:
To receive a copy of the report containing the allegation
To a hearing before the entry into the central registry
If
a request for a hearing is made, the department shall conduct a review
before the hearing. The department shall provide an opportunity for the
accused person to provide information to support the position that the
department should not substantiate the allegation. If the department
determines that there is no probable cause that the accused person
engaged in the alleged conduct, the department shall amend the
information or finding in the report and shall notify the person, and a
hearing shall not be held.
The notification shall also state that
if the department does not amend the information or finding in the
report within 60 days after it receives the request for a hearing, the
person has a right to a hearing unless:
The person is a party
in a civil, criminal, or administrative proceeding in which the
allegations of abuse or neglect are at issue.
A court or administrative law judge has made findings as to the alleged abuse or neglect.
A court has found, pursuant to § 8-844(C), that a child is dependent based upon an allegation of abuse or neglect.
If
the department does not amend the report, the department shall notify
the office of administrative hearings of the request for a hearing no
later than 5 days after completion of the review. The department shall
forward all records, reports, and other relevant information with the
request for a hearing within 10 days. The office of administrative
hearings shall hold a hearing, with the following exceptions:
A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.
A
child's hearsay statement is admissible if the time, content, and
circumstances of that statement are sufficiently indicative of its
reliability.
The identity of the reporting source of the abuse
or neglect shall not be disclosed without the permission of the
reporting source.
The reporting source is not required to testify.
A
written statement from the reporting source may be admitted if the
time, content, and circumstances of that statement are sufficiently
indicative of its reliability.
If the person requesting the
hearing fails to appear, the hearing shall be vacated and a
substantiated finding of abuse or neglect entered. On good cause shown,
the hearing may be rescheduled if the request is made within 15 days of
the notice vacating the hearing for failure to appear.
On
completion of the presentation of evidence, the administrative law judge
shall determine if probable cause exists to sustain the department's
finding that the parent, guardian, or custodian abused or neglected the
child. If the judge determines that probable cause does not exist to
sustain the department's finding, the judge shall order the department
to amend the finding in the report.
When the department is
requested to verify whether the central registry contains a
substantiated report about a specific person, the department shall
determine if the report was taken after January 1, 1998. If the report
was taken after January 1, 1998, the department shall notify the
requestor of the substantiated finding.
If the report was taken
before January 1, 1998, the department shall notify the person of the
person's right to request an administrative hearing. The department
shall not send this notification if the person was a party in a civil,
criminal, or administrative proceeding in which the allegations of abuse
or neglect were at issue.
When Records Must Be Expunged
If the Department of Child Safety received a report before
September 1, 1999, and determined that the report was substantiated, the
department shall maintain the report in the central registry until 18
years from the child victim's date of birth.
If the department
received a report on or after September 1, 1999, and determined that the
report was substantiated, the department shall maintain the report in
the central registry for 25 years after the date of the report.
The department shall annually purge reports and investigative outcomes received pursuant to the timeframes prescribed above.
Any
person who was the subject of a department investigation may request
confirmation that the department has purged information about the person
from the central registry. On receipt of this request, the department
shall provide the person with written confirmation that the department
has no record containing identifying information about that person.
Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers
To better understand this issue and to view it across States, download the
PDF
(1178 KB) of this publication.
Current Through June 2015
Who Needs Records Checks
Background checks must be completed for the following persons:
A
prospective adoptive parent and each adult who is living permanently
with the prospective adoptive parent, except a birth or legal parent
with custody of the child
A prospective foster parent and each other adult member of the household
A
kinship foster care parent applicant who is not a licensed foster care
parent and each member of the applicant's household who is at least age
18
Custodians or prospective custodians of juveniles, including parents, relatives, and prospective guardians
All
current and prospective employees, contractors, and volunteers of a
nonprofit organization that interacts with children or vulnerable adults
Types of Records That Must Be Checked
A background check includes:
A State and Federal criminal records check
A central registry records check, including any history of child welfare referrals
Process for Obtaining Records Checks
When a person is in need of a criminal background clearance, the
person, provider, or agency shall submit a full set of fingerprints to
the Fingerprinting Division in the Department of Public Safety. If the
person can present a valid fingerprint clearance card or credible
documentation that the person's application for a fingerprint clearance
card is pending, the person, provider, or agency is not required to
submit another application for a fingerprint clearance card. The
division may exchange this fingerprint data with the Federal Bureau of
Investigation.
On receiving the State and Federal criminal history
record of a person, the division shall compare the record with the list
of criminal offenses that preclude the person from receiving a
fingerprint clearance card. If the person's criminal history record does
not contain any of the offenses listed below, the division shall issue
the person a fingerprint clearance card.
Grounds for Disqualification
A person is precluded from receiving a fingerprint clearance card
if he or she is subject to registration as a sex offender in this State
or any other jurisdiction or has been convicted of committing or
attempting, soliciting, facilitating, or conspiring to commit, in this
State or another State or jurisdiction, one or more of the following
offenses:
Sexual abuse of a vulnerable adult
Incest
Murder
Sexual assault
Sexual exploitation of a minor or vulnerable adult
Child prostitution or child abuse
Sexual conduct with a minor
Molestation of a child or vulnerable adult
A dangerous crime against children
Exploitation of minors involving drug offenses
Taking a child for the purpose of prostitution
Neglect or abuse of a vulnerable adult
Sex trafficking
Sexual abuse
Production, publication, sale, possession, and presentation of obscene items
Furnishing harmful items to minors
Furnishing harmful items to minors by Internet activity
Obscene or indecent telephone communications to minors for commercial purposes
Luring a minor for sexual exploitation
Enticement of persons for purposes of prostitution
Detention of persons in a house of prostitution for debt
Pandering
Transporting persons for the purpose of prostitution, polygamy, and concubinage
Admitting minors to public displays of sexual conduct
Unlawful sale or purchase of children
Child bigamy
Trafficking of persons for forced labor or services
A
person is precluded from receiving a fingerprint clearance card for any
of the following offenses, except that the person may petition for a
good cause exception pursuant to § 41-619.55:
Manslaughter or negligent homicide
Endangerment
Threatening or intimidating
Assault
Unlawfully administering intoxicating liquors, narcotic drugs, or dangerous drugs
Assault by vicious animals
Drive-by shooting
Assaults on officers or firefighters
Discharging a firearm at a structure
Indecent exposure or public sexual indecency
Aggravated criminal damage
Theft
Forgery or criminal impersonation
Theft of a credit card or obtaining a credit card by fraudulent means
Misconduct involving weapons or explosives
Drug-related offenses
Adding poison or other harmful substance to food, drink, or medicine
Criminal trespass
Robbery or burglary
Child neglect
Contributing to the delinquency of a minor
Domestic violence
Arson
Kidnapping
Felony
offenses involving the sale, distribution, or transportation of; the
offer to sell, transport, or distribute; or conspiracy to sell,
transport, or distribute marijuana, dangerous drugs, or narcotic drugs
Criminal damage
Misappropriation of charter school monies
Taking the identity of another person or entity
Trafficking in the identity of another person or entity
Cruelty to animals
The sale or distribution of material harmful to minors through vending machines
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, download the
PDF
(811 KB) of this publication.
Current Through April 2014
When Case Plans Are Required
Every child and family receiving ongoing services from the
Department of Children, Youth, and Families shall have an individualized
family-centered case plan, consistent with the requirements of Federal
and State law. The department shall conduct a case plan staffing within
60 days of case opening for all cases open for more than 60 days or
within 10 working days of a child's placement into voluntary foster
care.
Who May Participate in the Case Planning Process
The department shall encourage the participation of parents,
children, out-of-home care providers, and when appropriate, extended
family members in the case planning process.
All members of the
service team shall be invited to participate in the case plan staffing.
Parents, children age 12 or older, and out-of-home care providers shall
be members of the service team. To every extent possible, and when
appropriate, extended family members may also participate as members of
the service team.
Contents of a Case Plan
The family-centered case plan shall be a discrete document that includes the following components:
The
child's safety plan, specifying ongoing actions that will be taken to
ensure the child's continued safety at home and demonstrating that the
child's health and safety are of paramount concern
The permanency goal for the child and expected date of achievement
The
family intervention plan, specifying for all parents (whose parental
rights have not been terminated) and guardians the kinds of services and
supports that will be offered to the family in order to achieve the
case plan permanency goal
The out-of-home care plan, specifying for every child in out-of-home care the most recent information available regarding:
The child's special needs
The name and address of the child's school
The child's educational status
How the placement type meets those needs
Services provided to the child
Services provided to the caregiver to help meet the child's needs
Actions the CPS Specialist will take to ensure safety in the out-of-home setting
When applicable, tasks and services to achieve a concurrent permanency goal or a permanency goal other than family reunification
For
any child placed substantially distant from the parent's home or
out-of-State, the reason the placement is in the best interests of the
child
The health-care plan, specifying for each child the most recent information available regarding the child's health status
The
contact and visitation plan, specifying for every child in out-of-home
care the plan for frequent and consistent visitation between the child
and the child's parents, siblings, family members, other relatives,
friends, and any former (family) resource family, especially those with
whom the child has developed a strong attachment
Specific documentation of how the family and other team members actively participated in the development of the plan
Permanency
goal options include reunification, adoption, legal guardianship, and
another planned living arrangement. A concurrent permanency plan is
included for children who have been assessed as unlikely to reunite with
their parent within 12 months of the child's initial removal.
To better understand this issue and to view it across States, download the
PDF
(295 KB) of this publication.
Current Through November 2016
Notwithstanding § 8-845(C) (that requires the court to
reunify the family if possible), reasonable efforts to place a child for
adoption may be made concurrently with reasonable efforts to reunify
the family.
Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, download the
PDF
(772 KB) of this publication.
Current Through January 2016
Schedule of Hearings
After the disposition hearing, the court shall hold periodic review
hearings at least once every 6 months as required by Federal law.
The court shall hold a permanency hearing to determine the future permanent legal status of the child:
Within 30 days after the disposition hearing if the court does not order reunification services
Within 6 months after a child who is under age 3 is removed from the child's home
In all other cases, within 12 months after the child is removed from the child's home
If
the court determines that the child should remain in out-of-home
placement longer than 18 months from the date of the permanency order,
the court shall conduct a review of the order at least once each year.
After reviewing the order, the court may reaffirm the order or direct
other disposition of the child.
Persons Entitled to Attend Hearings
The following persons shall be provided notice of the review and the right to participate in the proceeding:
The agency charged with the child's care and custody
Any foster parents in whose home the child resided within the last 6 months
A
shelter care facility or receiving foster home where the child resides
or has resided within the last 6 months for more than 30 days
The child's parent or guardian, unless the parental rights of that parent or guardian have been terminated
The child, if age 12 or older
The child's relative, if the relative files a written notice of right of participation with the court
A person permitted by the court to intervene as a party in the dependency proceeding
A physical custodian of the child within the preceding 6 months
Any person who has filed a petition to adopt or who has physical custody pursuant to a foster-adoptive placement
Any other person as the court may direct
Determinations Made at Hearings
In reviewing the status of the child, the court shall consider the
health and safety of the child as a paramount concern and the following
criteria:
The goals of the placement and the appropriateness of the case plan
The services that have been offered to reunite the family
If
returning the child home is not likely, the efforts that have been or
should be made to evaluate or plan for other permanent placement plans
The
efforts that have been made or should be made to place the child with
the child's siblings or to provide frequent visitation or contact when
placement with siblings has not been possible
The court shall review the permanent plan that has been established
for the child. In reviewing the status of the child, the court, insofar
as possible, shall seek to reunite the family. If the court does not
order reunification of the family, the court shall order a plan of
adoption or another permanent plan that is in the child's best interests
and that takes into consideration the placement of the child with
siblings or that provides for frequent visitation or contact among
siblings, unless the court determines that either the placement with the
siblings or the visitation or contact would be contrary to the child's
or a sibling's safety or well-being.
At the permanency hearing, the court shall determine:
Whether termination of parental rights, adoption, permanent
guardianship, or some other permanent legal status is the most
appropriate plan for the child
Whether reasonable efforts have been made to finalize the permanency plan in effect
What
efforts have been made in the permanency plan to place the child with
the child's siblings or to provide frequent visitation or contact,
unless the court had already determined that placement with all or any
siblings or visitation or contact is not possible or would be contrary
to the child's or a sibling's safety or well-being
Permanency Options
The court may order any of the following:
Return to the child's parent
Placement
with a grandparent or other member of the child's extended family,
including a person who has a significant relationship with the child,
unless the court determines that such placement is not in the child's
best interests
Adoption
Placement with a suitable institution, association, or school
Independent living
Placement with any adult as a permanent guardian
For the purposes of this subsection, a prospective permanent placement includes:
A grandparent or another member of the child's extended family
including a person who has a significant relationship with the child
A
person or persons with an expressed interest in being the permanent
placement for the child in a certified adoptive home where the child
resides, a home that is a permanent placement for a sibling of the
child, or a licensed family foster home where the child resides
To better understand this issue and to view it across States, download the
PDF
(397 KB) of this publication.
Current Through March 2016
In reviewing the status of the child and in determining its
order of disposition, the court shall consider the health and safety of
the child as a paramount concern.
At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern.
To better understand this issue and to view it across States, download the
PDF
(1806 KB) of this publication.
Current Through February 2017
Availability of Foster Care to Age 21
All young adults who are in the custody of the Department of
Child Safety, in an approved out-of-home placement (i.e., the
Independent Living Subsidy Program, group care, foster home, relative
placement, unlicensed relative, or nonrelative placement) when they
reach age 18 are eligible to remain in continued out-of-home care under
the supervision of the department during the period of the agreement.
This includes youth who are dually adjudicated (dependent and
delinquent) and released from a secure setting prior to or on their 18th
birthday.
Young adults who were in out-of-home placement in the
custody of the department, a licensed child welfare agency, or Tribal
child welfare agency while age 16, 17 or 18, but have not reached age
21, and are residents of Arizona may receive transitional living support
services through an individualized, written agreement that complements
their own efforts to achieve self-sufficiency and that assures
acceptance of personal responsibility for preparing for and
transitioning from adolescence to adulthood.
The department will
provide young adults who exited foster care at age 18 or older the
opportunity to reenter services under the supervision of the department
at any time until the young adult reaches age 21.
Requirements for Remaining in Placement
To be eligible for Independent Living services, a youth must be:
At least age 16 but younger than age 21
In the custody of the department or a Tribal child welfare agency (for youth age 16-18)
In out-of-home care
Referred by the youth's assigned child safety specialist, other department staff, or a Tribal social services representative
A resident of Arizona if age 18, 19, or 20
Participation
in the Independent Living program or in voluntary continued out-of-home
care may be concluded when the young adult has:
Reached age 18 and does not desire continued services
Reached age 21
Made a voluntary decision to withdraw from the program
Generally demonstrated noncompliance with or refusal to meet the requirements of the case plan
The
young adult will demonstrate personal responsibility for preparing for
and transitioning from adolescence to adulthood by working cooperatively
with the child safety specialist to develop an individualized agreement
for continued care (case plan) that outlines activities to prepare for
self-sufficiency by:
Participating in educational,
vocational, employment, or employment-readiness activities of their
choice, which may include paid employment, volunteer work, or other
activities defined in the case plan that will assist the youth to
strengthen their employability
Identifying their physical and
mental health needs and participating in health services, including
mental health services of their choice
Identifying and
maintaining a safe living arrangement of their choice that will allow
for continuous daily living skill development and practice
Participating
in activities or services to build, strengthen, or maintain positive,
healthy relationships with relative and nonrelative persons, including
supportive adults with whom the youth desires to establish a long-term
connection
Maintaining contact with the assigned child safety
specialist and immediately reporting any actual or anticipated changes
to their living arrangement, education, training or employment, or
health status
Placement Agreements
Young adults may remain in foster care after their 18th
birthday only if they are residents of Arizona and have signed their
case plan (recognized as the Voluntary Foster Care Agreement) that
complements their own efforts to achieve self-sufficiency and that
assures acceptance of personal responsibility for preparing for and
transitioning from adolescence to adulthood.
The young adult must have a service plan that includes independent living objectives and tasks related to these objectives.
Young
adults participating in services and supervision through the department
must cooperate with the assigned specialist in developing an agreement
that identifies how they will increase their skills to become
self-sufficient. The agreement must document the young adult's
acceptance of personal responsibility to:
Maintain enrollment in, or enroll in an education, training, or employment program of their choice
Participate
in the education or training program of their choice by attending
classes and earning related credits, certificate, license, or degree
Prepare
for financial self-sufficiency by participating in employment or
employment-readiness activities of their choice, which may include paid
employment, volunteer work, or other activities defined in the case plan
that will assist the youth to strengthen their employability
Identify
personal physical and mental health needs and participate in health
services, including mental health services of their choice
Identify and maintain a safe living arrangement
Transition Supports Provided
Upon approval of the case plan for continued care, the department will provide services, including, but not limited to:
The cost of care (including an Independent Living Subsidy for youth who qualify)
Allowances
Medical and dental services
Transportation
Counseling
Independent Living skills training
Other transitional support services
The
Independent Living Subsidy is available to eligible youth in foster
care and to young adults who are residents of Arizona and have signed a
voluntary agreement for continued care after age 18, but it may not
extend past the youth's 21st birthday. The Independent Living Subsidy
Program is not a requirement, but encouraged as an option for youth who
qualify for preparing for the transition to adulthood.
The
department, in determining eligibility for Independent Living Subsidy,
shall not discriminate based on the youth's race; national origin;
ethnicity; religious or spiritual beliefs; gender, perceived gender
identity, gender expression, or sexual orientation; child-bearing or
parenting status; or for youth age 18 and older, marital status.
The
department may provide a youth the opportunity to participate in the
Independent Living Subsidy Program if they meet the minimum
requirements, which are:
The youth must be adjudicated
dependent, the subject of a dependency petition, or age 18 or older and
in extended care through their case plan (recognized as the Voluntary
Foster Care Agreement for Young Adults 18 Through 20).
The youth must be in out-of-home care and in the custody of the department.
The youth must be at least age 17.
Youth
who are age 17 must have court approval to participate in this program.
(Court approval is not required for youth who are age 18 and older.)
Youth
must participate in an approved schedule of activities specific to the
individual youth's educational, employment, vocational, and therapeutic
goals as outlined in the youth's case plan.
The Independent
Living Subsidy Program provides youth with the experience of community
living while receiving support and services from the department. This
program is an out-of-home care placement option, with the monthly
stipend provided to the youth in lieu of any other foster care payment.
This program permits youth to reside in unlicensed settings, including
apartment living (alone or with roommates); dormitories; and boarding
with family, friends, or others. All proposed living arrangements and
roommates must be approved by the child safety specialist.
Young
adults who were in out-of-home care in the custody of the department, a
licensed child welfare agency, or Tribal child welfare agency on their
18th birthday, but have not reached age 21, may additionally receive
assistance with room and board costs. Funds may not be used for room and
board payments for youth who left their out-of-home placement and were
no longer in the custody of the department prior to their 18th birthday.
Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, download the
PDF
(652 KB) of this publication.
Current Through December 2016
Circumstances That Are Grounds for Termination of Parental Rights
Grounds to terminate the parent-child relationship shall
include any of the following, with due consideration for the best
interests of the child:
The parent has abandoned the child.
The parent has neglected or willfully abused a child.
The
parent is unable to discharge parental responsibilities because of
mental illness, mental deficiency, or a history of chronic abuse of
dangerous drugs or alcohol, and there are reasonable grounds to believe
that the condition will continue for a prolonged period.
The
parent has been convicted of a felony of such nature as to prove the
unfitness of that parent, including murder or manslaughter of another
child of the parent, or if the sentence of that parent is of such length
that the child will be deprived of a normal home for a period of years.
The
potential father failed to file a paternity action within 30 days of
completion of service of notice as prescribed in § 8-106(G).
The putative father failed to file a notice of claim of paternity.
The parents have relinquished their rights to a child to an agency or have consented to the adoption.
The
identity of the parent is unknown and continues to be unknown following
3 months of diligent efforts to identify and locate the parent.
The
parent has had parental rights to another child terminated within the
preceding 2 years for the same cause and is currently unable to
discharge parental responsibilities due to the same cause.
The following may also be grounds for termination of parental rights:
The
child is being cared for in an out-of-home placement, the agency
responsible for the child's care has made a diligent effort to provide
appropriate reunification services, and one of the following
circumstances exists:
The child has been in an out-of-home
placement for a cumulative total period of 9 months or longer, and the
parent has substantially neglected or willfully refused to remedy the
circumstances that cause the child to be in an out-of-home placement.
The
child who is under age 3 has been in an out-of-home placement for a
cumulative total period of 6 months or longer, and the parent has
substantially neglected or willfully refused to remedy the circumstances
that cause the child to be in an out-of-home placement, including
refusal to participate in reunification services offered by the
department.
The child has been in an out-of-home placement for a
cumulative total period of 15 months, the parent has been unable to
remedy the circumstances that cause the child to be in an out-of-home
placement, and there is a substantial likelihood that the parent will
not be capable of exercising proper and effective parental care and
control in the near future.
All of the following are true:
The child was cared for in an out-of-home placement pursuant to court order.
The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services.
The child was returned to the legal custody of the parent from whom the child had been removed.
Within
18 months after the child was returned, the child was removed from that
parent's legal custody, the child is being cared for in an out-of-home
placement, and the parent is currently unable to discharge parental
responsibilities.
The failure of an alleged parent
who is not the child's legal parent to take a test requested by the
department or ordered by the court to determine if the person is the
child's natural parent is prima facie evidence of abandonment, unless
good cause is shown by the alleged parent for that failure.
Circumstances That Are Exceptions to Termination of Parental Rights
This issue is not addressed in the statutes reviewed.
Circumstances Allowing Reinstatement of Parental Rights
This issue is not addressed in the statutes reviewed.
Home Study Requirements for Prospective Foster Parents
To better understand this issue and to view it across States, download the
PDF
(1050 KB) of this publication.
Current Through March 2014
Who May Apply
To qualify for and maintain licensure as a foster parent, a person shall meet the following criteria:
The person shall be at least age 21 at the time of application.
The person shall have sufficient income to meet the needs of his or her own household.
The
applicant and adult household members shall be free of conviction,
indictment for, or involvement in the criminal offenses listed in
R6-5-5802(C).
The applicant and household members shall not have
any physical or mental health conditions that preclude compliance with
foster care requirements.
An applicant's household members shall agree to and support the decision to provide foster care.
To
qualify for and maintain licensure as a foster parent, a person shall
be a responsible, stable, emotionally mature individual who can exercise
sound judgment. A person shall demonstrate the following
characteristics:
The ability to realistically determine
which foster children the person can accept and successfully integrate
into his or her family
Knowledge of child development, nutrition, and health
The willingness and ability to protect children from harm
Knowledge and understanding of children
The capacity to give and receive affection and enjoyment in being a parent
Flexibility in expectations, attitudes, behavior, and use of help when it is needed
The ability to deal with separation, loss, frustration, and conflict
The
capacity to respect persons with differing life styles and philosophies
and persons of different races, cultures, and religious beliefs
The ability to accept a foster child's relationship with the child's parent and birth family
The
willingness and ability to commit the time necessary to provide a
foster child with supervision and guidance in accordance with his or her
individual needs
Training Requirements
The foster parent or parents are required to complete 6 actual
hours of approved initial foster parent training. For license renewal,
the foster parent or parents must complete 6 actual hours of approved
ongoing foster parent training. In regulation: Before
receiving an initial license, an applicant shall complete at least 12
clock hours of initial foster parent training. The training shall cover
at least the following subjects:
Characteristics and needs of foster children
The role of the foster parent as a member of the care and treatment team
The importance of birth parent and family involvement in a child's life
Methods for appropriately addressing the child's cultural, ethnic, and religious needs
Attachment, separation, and loss issues
Behavior management
Confidentiality
Emergency procedures
Available resources and support services
Foster care payment procedure
Agency contact persons and procedures
The impact of fostering on the foster parent and the foster parent's own family
Addressing the impacts of foster parenting
Specialized topics related to child welfare, health, growth, or development
The Indian Child Welfare Act of 1978
Each
licensing year, prior to license renewal, a foster parent shall attend
and complete at least 6 clock hours of ongoing training. Annual training
may include:
Advanced training in the subjects listed above
Special subjects relating to child health, growth, or development, including:
Child management techniques based on the developmental needs of children in care
Discipline, crisis intervention, and behavior management techniques
Review of agency policies
Minimum Standards for Foster Homes
The division shall visit each foster home and inspect the premises
used for care of children for sanitation, fire, and other actual and
potential hazards. In regulation: The foster home parent shall:
Keep the foster home safe, in good repair, and sanitary
Keep the outside area around the foster home free from objects,
materials, and conditions that constitute a danger to the occupants
If
the foster parent provides care to a child with special physical needs,
the foster parent shall equip the foster home with any equipment needed
to accommodate the particular child's special needs.
A foster parent shall provide safe sleeping arrangements that accommodate the privacy needs of a foster child.
The
foster family and a foster child shall sleep in bedrooms. An unfinished
attic, a basement area, or a space normally and primarily used for
passageways and purposes other than sleeping are not bedrooms.
A
bedroom in the foster home shall have a finished ceiling,
floor-to-ceiling permanently affixed walls, a door, finished flooring,
light, ventilation, and a usable exit to the outdoors.
A foster parent shall provide each foster child with a bed. The bed shall be appropriate to a child's age and needs.
A foster parent shall not allow a foster child who is age 6 or older to share a bedroom with a child of the opposite gender.
Notwithstanding any other provision of this section, a foster child who is a minor parent may share a room with her own child.
A
foster home shall have at least one toilet, one washbasin, and one
bathtub or shower. A foster home bathroom shall have interior plumbing
with both warm and cold water.
Approval Process
An application shall include:
Personally identifying information on the applicant, all household members, and children who do not live with the applicant
The applicant's financial assets, obligations, and income
Medical statements for the applicant and any adult household member
Immunization records for each child household member
Employment information
Family relationships and support systems
A description of daily routines, activities, and hobbies
A description of any spiritual or religious beliefs and practices observed in the applicant's home
Information on administrative or judicial proceedings in which the applicant has been or is a party
The
name, address, and telephone number of at least five references who can
attest to the applicant's character and ability to care for children
A description of the applicant's home and neighborhood
A statement as to the number and characteristics of foster children the applicant would consider for placement
A description of the applicant's prior experience, if any, as a foster parent
A description of the applicant's prior history of adoption certification, if any
A description of the applicant's child care experience and child-rearing practices
A statement regarding the applicant's motivation for becoming a foster parent
A statement describing how all other household members feel about the decision to foster children
A statement authorizing the licensing agency to:
Verify the information contained in the application
Perform background checks on the applicant and the applicant's household members
Conduct a health and safety inspection of the applicant's home
Grounds for Withholding Approval
A license may be denied when an applicant:
Is not in compliance with foster care requirements
Fails to provide information required by these rules
Misrepresents or fails to disclose material information regarding qualifications or experience
Is unable to meet the physical, emotional, social, educational, or psychological needs of children
A
license shall be denied when an applicant or household member has been
convicted of the criminal offenses listed below. A license may be denied
if the applicant or household member is a person who has a record of
substantiated or undetermined child maltreatment in this State or any
other jurisdiction.
The applicant and all adult household members
shall submit to fingerprinting and a criminal history check. On a form
provided by the department, the applicant and each adult household
member shall certify whether he or she has ever been convicted of any of
the following criminal offenses:
Sexual abuse of a minor or vulnerable adult
Incest
Murder, voluntary manslaughter, kidnapping, or arson
Sexual assault
Sexual exploitation of a minor or vulnerable adult
Felony offenses within the previous 10 years involving the manufacture
or distribution of marijuana or dangerous or narcotic drugs
Robbery or theft
A dangerous crime against children as defined in § 13-604.01
Child abuse or neglect or abuse or neglect of a vulnerable adult
Sexual conduct with a minor
Molestation of a child or vulnerable adult
Aggravated assault
Contributing to the delinquency of a minor
Kinship Foster Care
The department shall establish kinship foster care services for a
child who has been removed from the child's home and is in the custody
of the department. The program shall promote the placement of the child
with the child's relative for kinship foster care.
A kinship
foster care parent applicant who is not a licensed foster care parent
shall be at least age 18. The applicant and each member of the
applicant's household who is at least age 18 shall submit a full set of
fingerprints to the department for the purpose of obtaining a State and
Federal criminal records check. The Department of Public Safety may
exchange this fingerprint data with the FBI. The department shall
determine if the applicant is able to meet the child's health and safety
needs by conducting one or more home visits and interviewing the
applicant. The department may interview other household members, review
the applicant's personal and professional references, and conduct Child
Protective Services central registry checks.
Foster to Adopt
If the child being considered for adoption has resided with the
prospective adoptive parent for at least 6 months and the prospective
adoptive parent is a foster parent who is licensed by this State, the
social study may consist only of the following:
The results of the central registry records check
A
review of any material changes in circumstances that have occurred
since the previous license renewal that affect the prospective adoptive
parent's ability to adopt the child or for the child to be placed in the
prospective adoptive parent's home
In regulation:
When a foster parent plans to adopt a foster child who is age 5 or
older, a case worker from the adoption entity shall privately interview
the child and all members of the adoptive family household who are age 5
or older about their feelings toward the adoption, before the adoption
consent is signed.
When a child is placed for adoption with a
person who has been a foster parent to the child, a case manager from
the adoption entity shall conduct home visits at least every 2 months
from the time legal consent for adoption has been signed until the
finalization of adoption. If the adoptive child is a child with special
needs, the case manager shall visit at least once a month.
Interjurisdictional Approval
Placements of children in or from another State are subject to the
provisions of the Interstate Compact on the Placement of Children. In regulation:
Approval must be obtained from the Compact Administrators in both the
sending and receiving States prior to the placement of a child in
another compact member State.
To better understand this issue and to view it across States, download the
PDF
(556 KB) of this publication.
Current Through December 2016
Infant's Age
A newborn infant may be relinquished. The term 'newborn infant' means an infant who is 72 hours old or younger.
Who May Relinquish the Infant
The child may be relinquished by the parent or an agent of the parent.
Who May Receive the Infant
The child may be left with a designated safe haven provider. A safe haven provider includes any of the following:
A firefighter who is on duty
An emergency medical technician who is on duty
A medical staff member at a general hospital or a rural general hospital
A
staff member or volunteer at any of the following organizations that
posts a public notice that it is willing to accept a newborn infant:
A licensed private child welfare agency
A licensed adoption agency
A church
Responsibilities of the Safe Haven Provider
If
a parent or an agent of a parent voluntarily delivers the parent's
newborn infant to a safe haven provider, the safe haven provider shall
take custody of the newborn infant if both of the following are true:
The parent did not express an intent to return for the newborn infant.
The safe haven provider reasonably believes that the child is a newborn infant.
The safe haven provider shall immediately transport the infant to a hospital for a physical examination.
If
the infant is left with a private child welfare or adoption agency and
the agency has the ability to place the infant for adoption, the agency
shall inform child protective services that it will take custody of the
infant within 24 hours. If the agency cannot place the infant for
adoption, it shall inform child protective services that it will not
take custody of the infant.
If an infant is left with a church
and the church is affiliated with a private adoption agency, the
provider must immediately inform child protective services that an
infant has been left at the church, the location of the hospital where
the church transported the infant, and whether a private adoption agency
will take custody of the infant.
If the church is not affiliated
with a private adoption agency or the agency cannot place the infant for
adoption, child protective services shall contact the next private
adoption agency on its rotating list of agencies until it contacts an
agency that agrees to take custody of the infant. The adoption agency
must take custody of the infant from the hospital within 24 hours.
If
an infant is left with a firefighter, emergency medical technician, or a
hospital staff member, the safe haven provider shall immediately
contact child protective services to inform it that an infant has been
left and of the location of the hospital where the safe haven provider
transported the infant.
Immunity for the Provider
A
safe haven provider who receives a newborn infant is not liable for any
civil or other damages for any act or omission by the safe haven
provider in maintaining custody of the newborn infant if the safe haven
provider acts in good faith without gross negligence.
Protection for Relinquishing Parent
A person is not guilty of abuse of a child solely for leaving an unharmed newborn infant with a safe haven provider.
A
parent or agent of a parent who leaves a newborn infant with a safe
haven provider may remain anonymous, and the safe haven provider shall
not require the parent or agent to answer any questions.
Effect on Parental Rights
This issue is not addressed in the statutes reviewed.
To better understand this issue and to view it across States, download the
PDF
(1337 KB) of this publication.
Current Through December 2014
Definitions
The term 'relative' means a grandparent, great-grandparent,
brother or sister of whole or half blood, aunt, uncle, or first cousin.
Purpose of Guardianship
The court may establish a permanent guardianship between a child
and the guardian if the prospective guardianship is in the child's best
interests and all of the following apply:
The child has been adjudicated a dependent child.
The
child has been in the custody of the prospective permanent guardian for
at least 9 months as a dependent child. The court may waive this
requirement for good cause.
If the child is in the custody of
the Department of Child Safety or agency, the department or agency has
made reasonable efforts to reunite the parent and child and further
efforts would be unproductive. The court may waive this requirement if
it finds that reunification efforts are not required by law or if
reunification of the parent and child is not in the child's best
interests because the parent is unwilling or unable to properly care for
the child.
The likelihood that the child would be adopted is
remote, or termination of parental rights would not be in the child's
best interests.
A Guardian's Rights and Responsibilities
Unless otherwise set forth in the final order of permanent
guardianship, a permanent guardian is vested with all of the rights and
responsibilities set forth in § 14-5209 relating to the powers and
duties of a guardian of a minor, other than those rights and
responsibilities of the birth or adoptive parent, if any, that are set
forth in the decree of permanent guardianship.
A guardian of a
minor has the powers and responsibilities of a custodial parent
regarding the ward's support, care, and education. A guardian is not
personally liable for the ward's expenses and is not liable to third
persons by reason of the relationship for acts of the ward.
A guardian may:
Receive
monies payable for the support of the ward under the terms of any
statutory benefit, insurance system, private contract, devise, trust,
conservatorship, or custodianship
Take custody of the ward and
establish the ward's place of residence in or outside this State, if
consistent with the terms of an order of a court of competent
jurisdiction relating to the detention or commitment of the ward
Facilitate
the ward's education, social, or other activities, and consent to
medical or other professional care, treatment, or advice for the ward
Consent to the marriage or adoption of the ward
If reasonable, delegate to the ward certain responsibilities for decisions affecting the ward's well-being
Qualifying the Guardian
The court may consider any adult, including a relative or foster
parent, as a permanent guardian. The court shall appoint a person
nominated by the child if the child is at least age 12, unless the court
finds that the appointment would not be in the child's best interests.
The court shall consider the child's objection to the appointment of the
person nominated as permanent guardian. In proceedings for permanent
guardianship, the court shall give primary consideration to the
physical, mental, and emotional needs of the child.
Before a
final hearing, the department, the agency, or a person designated as an
officer of the court shall conduct an investigation addressing the
factors set forth in § 8-871, whether the prospective permanent guardian
or guardians are fit and proper persons to become permanent guardians,
and whether the best interests of the child would be served by granting
the permanent guardianship. The findings of this investigation shall be
set forth in a written report provided to the court and all parties
before the hearing. The court may require additional investigation if it
finds that the welfare of the child will be served or if additional
information is necessary to make an appropriate decision regarding the
permanent guardianship. The court may charge a reasonable fee for this
investigation pursuant to § 8-133, if performed by an officer of the
court. In policy: The department shall consider
recommending a permanency plan of guardianship when the prospective
permanent guardian has made a commitment to provide care and support to
the child, and guardianship is in the child's best interests.
The
department must complete a home study of the prospective guardians,
including fingerprinting, State and Federal criminal history records
clearances, and a Department of Child Safety (DCS) records search.
Procedures for Establishing Guardianship
Any party to a dependency proceeding may file a motion for
permanent guardianship. The person who files the motion shall serve
notice of the hearing and a copy of the motion on all parties, including
any person who has filed a petition to adopt or who has physical
custody pursuant to a court order in a foster-adoptive placement. The
person who files the motion shall provide a copy of the notice of
hearing to the following persons:
The child's current physical custodian
Any foster parent with whom the child has resided within the 6 months before the date of the hearing
The prospective guardian if the guardian is not the current physical custodian
Any other person the court orders to be provided notice
The
person who files the motion has the burden of proof by clear and
convincing evidence. In any proceeding involving a child who is subject
to the Federal Indian Child Welfare Act, the person who files the motion
has the burden of proof by beyond a reasonable doubt.
On the
entry of the order establishing a permanent guardianship, the dependency
action shall be dismissed. If the child was in the legal custody of the
department during the dependency, the court may order the department to
conduct the investigation and prepare the report for the first report
and review hearing. The court shall retain jurisdiction to enforce its
final order of permanent guardianship. The court shall require a report
and review hearing to be held within 1 year following the entry of the
final order and may set such other and further proceedings as may be in
the best interests of the child. Before a report and review hearing, the
court may require an investigation to be conducted of the facts and
circumstances surrounding the welfare and best interests of the child
and a written report to be filed with the court.
Contents of a Guardianship Order
A court order vesting permanent guardianship with an individual
divests the birth or adoptive parent of legal custody of or guardianship
for the child but does not terminate the parent's rights. A court order
for permanent guardianship does not affect the child's inheritance
rights from and through the child's birth or adoptive parents.
On
finding that grounds exist for a permanent guardianship, the court may
incorporate into the final order provisions for visitation with the
natural parents, siblings, or other relatives of the child if this order
would be in the child's best interests. The order also may include any
other provision that is necessary to rehabilitate the child or to
provide for the child's continuing safety and well-being. The court may
order a parent to contribute to the support of the child to the extent
it finds the parent is able.
Modification/Revocation of Guardianship
The child, a parent of the child, or any party to the dependency
proceeding may file a petition for the revocation of an order granting
permanent guardianship if there is a significant change of
circumstances, including:
The child's parent is able and willing to properly care for the child.
The child's permanent guardian is unable to properly care for the child.
The court shall appoint a guardian ad litem for the child in any proceeding for the revocation of permanent guardianship.
The
court may revoke the order granting permanent guardianship if the party
petitioning for revocation proves a change of circumstances by clear
and convincing evidence and the revocation is in the child's best
interests.
In the interest of developing self-reliance on the
part of a ward or for other good cause, the court, at the time of
appointment or later, on its own motion or on appropriate petition or
motion of the minor or other interested person, may create a limited
guardianship by limiting the powers of a guardian otherwise conferred by
this section. Any limitation on the statutory power of a guardian of a
minor must be endorsed on the guardian's letters.
Kinship Guardianship Assistance
The department may provide a subsidy to guardian on behalf of a
child subject to the requirements of this section. A guardian is not
eligible for a subsidy until he or she demonstrates that the child or a
responsible person on behalf of the child has applied for all benefits
to which the child is entitled from other State or Federal programs.
The department shall discontinue a subsidy if any of the following occurs:
The permanent guardianship terminates.
The child dies or does not reside with the permanent guardian.
The
child reaches age 18, except that the department may continue the
subsidy until the child's 22nd birthday if the child is enrolled in and
regularly attending school and has not received a high school diploma or
certificate of equivalency.
The guardian fails to comply with any requirement in this section.
In policy:
The guardianship subsidy program shall support permanent placements for
children who cannot return home and for whom adoption is not an option.
Guardianship subsidy is intended to be only a partial reimbursement for
expenses involved in the care of the child.
A permanent guardian
is eligible for guardianship subsidy if he or she has a permanent
guardianship granted pursuant to § 8-871, on or after August 6, 1999,
and has applied for other State and Federal benefits on behalf of the
child.
Links to Agency Policies
Division of Child Safety and Family Services, Policy & Procedure Manual, see Ch 5, § 28, et seq., Permanent Guardianship
To better understand this issue and to view it across States, download the
PDF
(627 KB) of this publication.
Current Through January 2018
Relative Placement for Foster Care and Guardianship
The Department of Child Safety may place a child with a
parent, a relative, or a person who has a significant relationship with a
child. The term 'relative' means a grandparent, great-grandparent,
brother or sister of whole-blood or half-blood, aunt, uncle, or first
cousin.
The department shall establish kinship foster care
services for a child who has been removed from the child's home and is
in the custody of the department. The program shall promote the
placement of the child with the child's relative for kinship foster
care.
Requirements for Placement with Relatives
A kinship foster care parent applicant who is not a
licensed foster care parent shall be at least age 18. The applicant and
each member of the applicant's household who is at least age 18 shall
submit a full set of fingerprints to the department for the purpose of
obtaining a state and federal criminal records check pursuant to §
41-1750 and Public Law 92-544. The Department of Public Safety may
exchange this fingerprint data with the Federal Bureau of Investigation.
The Department of Child Safety shall determine if the applicant is able
to meet the child's health and safety needs by conducting one or more
home visits and interviewing the applicant.
The department may
interview other household members, review the applicant's personal and
professional references, and conduct Child Protective Services central
registry checks.
A kinship foster care parent may be eligible to receive the following financial services for the child:
Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home
Temporary Assistance for Needy Families cash assistance payments for child-only case and supplemental financial support
The
department shall provide nonfinancial services for a kinship foster
care parent through existing means or referral. Nonfinancial services
may include:
Family assessment and case management
Child daycare
Housing search and relocation
Parenting skills training
Supportive intervention and guidance counseling
Transportation and emergency services
Parent aid and respite services
Additional services that the department determines are necessary to meet the needs of the child and family
Requirements for Placement of Siblings
If a child has been removed from the child's home and
placed in out-of-home placement, guardianship, or adoptive placement,
the department shall make reasonable efforts to place that child with
the child's siblings or, if that is not possible, to maintain frequent
visits or other ongoing contact between the child and the child's
siblings, unless a court determines that either the placement or the
visits or contact would be contrary to the child's or a sibling's safety
or well-being.
Relatives Who May Adopt
A relative who may adopt the child includes an uncle, aunt,
adult sibling, grandparent, or great-grandparent of the child by
whole-blood or half-blood or by marriage.
Requirements for Adoption by Relatives
Before any prospective adoptive parent may petition to
adopt a child, the person shall be certified by the court as acceptable
to adopt children. A certificate shall be issued only after an
investigation conducted by an officer of the court, by an agency, or by
the division. This section does not apply if the prospective adoptive
parent is the spouse of the birth or legal parent of the child to be
adopted or is an uncle, aunt, adult sibling, grandparent, or
great-grandparent of the child by whole-blood or half-blood or by
marriage or adoption.
A person who is not currently certified as
acceptable to adopt but who has custody of a child who the person
intends to adopt shall petition the court for an order permitting that
person to keep custody of the child pending certification. If the court
permits the person to continue to have custody of the child, the court
shall order the investigation to continue for preadoption certification
and report as required by § 8-105.
A custody petition or hearing is not required if the person who intends to adopt the child is:
The spouse of a birth or legal parent of the child
An uncle, aunt, adult sibling, grandparent, or great-grandparent of the child by whole-blood or half-blood or by marriage
Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, download the
PDF
(539 KB) of this publication.
Current Through March 2016
What Are Reasonable Efforts
'In-home intervention' means a program of services provided
pursuant to § 8-891 while the child is still in the custody of the
parent, guardian, or custodian.
After a dependency petition is filed, the court may order in-home intervention if all of the following are true:
The child has not been removed from the home.
In-home intervention appears likely to resolve the risk issues described below.
The parent, guardian, or custodian agrees to a case plan and participation in services.
One of the following conditions exists:
The
child is at risk of harm due to the inability or unwillingness of the
parent, guardian, or custodian to provide food, clothing, shelter, or
medical care.
The parent, guardian, or custodian is unable to provide proper care, control, and supervision of the child.
The
in-home intervention order may include a training or treatment plan for
the parent, guardian, or custodian and the child. The in-home
intervention shall include a specific time for completion that shall not
exceed 1 year without review and approval by the court.
The term
'protective services' is defined as a specialized child welfare program
that is administered by the department to investigate allegations and
seek 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.
When Reasonable Efforts Are Required
If the child has been removed from the home, the court shall order
the Department of Child Safety to make reasonable efforts to provide
services to the child and the child's family.
When Reasonable Efforts Are NOT Required
Reunification services are not required when one or more of the following aggravating circumstances exist:
A
diligent search has failed to locate the parent, or the parent has
expressed no interest in reunifying the child, for at least 3 months.
The
parent is suffering from a mental illness or deficiency of such
magnitude that the parent is incapable of benefitting from reunification
services, or that, even with the provision of services, the parent is
unlikely to be capable of adequately caring for the child within 12
months.
The child previously has been removed from the home due
to physical or sexual abuse, and, after the child was returned to the
parent, the child was removed again within 18 months due to additional
abuse.
The parent committed a dangerous crime against a child,
caused a child to suffer serious physical or emotional injury, or knew
or reasonably should have known that another person committed a
dangerous crime against children or caused a child to suffer serious
physical or emotional injury.
The parent's rights to another
child have been terminated, the parent has not successfully addressed
the issues that led to the termination, and the parent is unable to
fulfill parental responsibilities.
After a finding that a child is dependent, all of the following are true:
A child has been removed from the parent on at least two previous occasions.
Reunification services were offered or provided to the parent.
The parent is unable to fulfill parental responsibilities.
The
parent has been convicted of a dangerous crime against a child; murder
or manslaughter of a child; sexual abuse, sexual assault, or molestation
of a child; sexual conduct with a minor; commercial sexual exploitation
of a minor; or luring a minor for sexual exploitation.
The
parent of a child has been convicted of aiding or abetting, attempting,
conspiring, or soliciting to commit any of the crimes listed above.
To better understand this issue and to view it across States, download the
PDF
(541 KB) of this publication.
Current Through June 2015
Who May Access Information
The following persons may have access to family information:
The adoptive parents or a guardian of the adopted person
The adopted person who is age 18 or older
If
the adopted person has died, the adopted person's spouse if he or she
is the legal parent of the adopted person's child, or the guardian of
any child of the adopted person
If the adopted person has died, any child of the adopted person who is age 18 or older
The birth parents or other birth children of the birth parents
Access to Nonidentifying Information
Nonidentifying information may be released upon request to any of
the persons listed above. Nonidentifying information may include the
health and genetic history of the birth parents and members of the birth
parents' families.
Mutual Access to Identifying Information
Court personnel, the division, an attorney assisting in a direct
placement adoption, or an agency may provide partial or complete
identifying information between a birth parent and adoptive parent when
the parties mutually agree to share specific identifying information and
make a written request to the court, the division, or the agency.
A
person may petition the court to obtain information relating to an
adoption that is in the possession of the court, the division, or any
agency or attorney involved in the adoption. The court shall not release
identifying information unless the person requesting the information
has established a compelling need for disclosure or consent has been
obtained.
An adopted person age 18 or older or a birth parent may
file at any time a notarized statement granting consent, withholding
consent, or withdrawing a consent previously given for the release of
confidential information with the court and the agency, division, or
attorney who participated in the adoption. If an adopted person who is
18 or older and the birth mother or birth father have filed consent to
the release of confidential information, the court may disclose the
information, except identifying information relating to a birth parent
who did not grant written consent.
Access to Original Birth Certificate
The original birth certificate can be made available only upon a court order or as prescribed by rule.
To better understand this issue and to view it across States, download the
PDF
(742 KB) of this publication.
Current Through March 2017
Who Must Consent to an Adoption
The court shall not grant an adoption of a child unless
consent to adopt has been obtained and filed with the court from the
following:v
The birth or adoptive mother
The father if he:
Was married to the mother at the time of conception
Is the adoptive father
Has otherwise established paternity
Any guardian of the child or agency that has been given the child to place for adoption
The guardian of an adult parent if one has been appointed
Minority of the parent does not affect competency to consent.
Consent of Child Being Adopted
A child age 12 or older must consent to the adoption in open court.
When Parental Consent is not Needed
It is not necessary for a person to obtain consent to adopt from the following:
An adult parent for whom a guardian is currently appointed
A parent whose parental rights have been terminated by court order
A parent who has previously consented to an agency's or the division's placement of the child for adoption
A
potential father who fails to file a paternity action and who does not
comply with all applicable service requirements within 30 days after
completion of service of notice waives his right to be notified of any
judicial hearing regarding the child's adoption or the termination of
parental rights, and his consent to the adoption or termination is not
required.
When Consent Can Be Executed
Any consent given sooner than 72 hours after the birth of the child is invalid.
How Consent Must Be Executed
All consents to adoption shall be in writing and signed by
the person giving the consent and witnessed by two or more credible
witnesses who are at least age 18 and who subscribe their names in the
presence of the person giving the consent or shall be acknowledged by
the person giving consent before a notary public.
The consent shall designate either of the following:
An agency or the division as authorized by the party giving the consent to place the child for adoption
The particular person or persons authorized to adopt the child by the person giving the consent
A
consent other than to any agency or the division that does not
designate a particular person or persons, or that purports to permit a
third person to locate or nominate an adoptive parent, is invalid.
Revocation of Consent
Consent is irrevocable unless obtained by fraud, duress, or undue influence.
Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, download the
PDF
(322 KB) of this publication.
Current Through May 2017
Jurisdiction
If a petition for adoption is filed prior to a child's 18th
birthday, jurisdiction of the superior court continues for purposes of
entering an order of adoption of such child even if the child becomes
age 18 prior to the final adoption hearing.
Venue
The adoption petition may be filed in the court of the county in which one of the following applies:
The prospective adoptive parents reside.
The child is a ward, i.e., in the care of a governmental agency.
Home Study Requirements for Prospective Parents in Domestic Adoption
To better understand this issue and to view it across States, download the
PDF
(1155 KB) of this publication.
Current Through September 2015
Who Must Be Studied
The prospective adoptive parents and any adult members of the adoptive parents' household must be included in the study.
Agency or Person Conducting the Study
The study and report are completed by the division or agency, or a person or agency designated by the court.
Qualifications for Adoptive Parents
Prior to accepting a certification application from a person
contemplating adoption of a child, or an application for placement from a
person who intends to seek a placement through the entity, an adoption
entity shall provide the person with adoption orientation.
Elements of a Home Study
The application for certification shall include a financial
statement and a physician's statement of the applicant's physical
health.
The prospective adoptive parent and each adult member of
the household must certify whether that person is awaiting trial on or
has ever been convicted of any of the criminal offenses listed in §
41-1758.07(B)-(C). An officer of the court may obtain a State and
Federal criminal records check.
The investigation and report to
the court shall consider all relevant and material facts dealing with
the prospective adoptive parents' fitness to adopt children and shall
include:
A complete social history
The applicant's financial condition, moral fitness, religious background, and physical and mental health conditions
Any
court action for or adjudication of child abuse, abandonment of
children, dependency or termination of parent-child relationship
All other facts bearing on the issue of the fitness of the prospective adoptive parents
A
social study shall be submitted to the court 10 days before the hearing
on the petition to adopt. The social study shall include the following:
The child's adjustment to the adoptive parents' home
The prospective adoptive parents' suitability to adopt
The existing and proposed arrangements regarding the child's custody
State
and Federal criminal records checks and a central registry records
check, including any history of child welfare referrals, of the
prospective adoptive parent and each adult who is living permanently
with the prospective adoptive parent
A valid fingerprint
clearance card pursuant to § 41-1758.07 satisfies this requirement. The
court may order an additional State and Federal criminal records check
for good cause.
Any other information that is pertinent to the adoption proceedings
Grounds for Withholding Approval
In determining whether to recommend certification of an applicant,
the adoption entity shall consider all factors bearing on fitness to
adopt, including, but not limited to:
The length and stability of the applicant's marital relationship, if applicable
The applicant's age and health
Past,
significant disturbances or events in the applicant's immediate family,
such as involuntary job separation; divorce; or death of spouse, child,
or parent; and history of child maltreatment
The applicant's ability to financially provide for an adoptee
The
applicant's history of providing financial support to the applicant's
other children, including compliance with court-ordered child support
obligations
The certification report shall specifically note any instances in which an applicant has:
Been
charged with, been convicted of, pled no contest to, or is awaiting
trial on charges of an offense listed in Rev. Stat. § 46-141
Lost
care, custody, control, or parental rights to a child as a result of a
dependency action or action to terminate parental rights
If
the report recommends denial of certification, the adoption entity shall
send the applicant written notice of the unfavorable recommendation and
an explanation of the applicant's right to petition the court for
review.
When Studies Must Be Completed
Before any prospective adoptive parent may petition to adopt a
child, the person shall be certified by the court as acceptable to adopt
children. A certificate shall be issued only after an investigation.
The investigation and report to the court must be completed within 90
days after the application for certification has been accepted.
Within
60 days after receiving the investigation report, the court shall
certify the applicant as acceptable or unacceptable to adopt children
based on the investigation report and recommendations of the report. A
certification remains in effect for 18 months from the date of its
issuance and may be extended for additional 1-year periods if after
review the court finds that there have been no material changes in
circumstances that would adversely affect the acceptability of the
applicant to adopt.
Postplacement Study Requirements
When a child is placed for adoption with a person who is not the
child's foster parent, a case manager from the adoption entity shall
visit the home within 30 calendar days of placement to:
Ensure that the adoptive parent received all available nonidentifying information on the child
Address any questions or concerns the adoptive parent or child may have about the adoption process or placement
Ensure that the family has addressed the educational needs of a school-age child
Ensure that an adoptive parent who works has made appropriate child care arrangements
Following the initial placement visit, a case manager shall:
Visit
the adoptive family at least once every 3 months until the adoption is
finalized, except when the adoptive child is a child with special needs
the visits shall occur at least once a month
Interview all members of the adoptive family's household
Discuss the following issues with the adoptive parent, if appropriate, in light of the child's age and development:
How the presence of the child has changed familial relationships
How the child and the extended family view each other
The role each family member has assumed regarding child care and discipline
How the parent is coping with the needs and demands of the placed child
How
the child challenges or tests the placement and how the family reacts
to these episodes, including any feelings of insecurity about the
propriety of the family members' response
How the family perceives the child's sense of identity and the need to fill in gaps in the child's history
How the child has adjusted to the school environment
If
developmentally appropriate, privately interview the child about the
child's feelings about the adoption and the matters listed above
Exceptions for Stepparent or Relative Adoptions
The requirements for a certification study do not apply if:
The
prospective adoptive parent is the spouse of the birth or legal parent
of the child to be adopted or is an uncle, aunt, adult sibling,
grandparent, or great-grandparent of the child by whole or half-blood,
or by marriage or adoption.
The birth or legal parent is
deceased, but at the time of death, the parent had legal and physical
custody of the child to be adopted, and the child had resided primarily
with the spouse of the birth or legal parent during the 24 months before
the death of the parent.
The grandparent, great-grandparent,
aunt, adult sibling, or uncle is deceased, but at the time of death that
person had legal and physical custody of the child to be adopted, and
the child had resided primarily with the spouse of the grandparent,
great-grandparent, aunt, adult sibling, or uncle during the 24 months
before the death of the grandparent, great-grandparent, aunt, adult
sibling, or uncle.
The social study may consist only of the
results of the State and Federal criminal records check and the central
registry records check if either of the following is true:
The
prospective adoptive parent is the child's stepparent who has been
legally married to the child's birth or legal parent for at least 6
months, and the child has resided with the stepparent and parent for at
least 6 months.
The prospective adoptive parent is the child's
adult sibling, by whole or half blood, or the child's aunt, uncle,
grandparent, or great-grandparent, and the child has resided with the
prospective adoptive parent for at least 1 year.
Requirements for Interjurisdictional Placements
Placements of children for adoption in or from another State are
subject to the provisions of the Interstate Compact on the Placement of
Children.
Foster to Adopt Placements
If the child being considered for adoption has resided with the
prospective adoptive parent for at least 6 months, and the prospective
adoptive parent is a foster parent who is licensed by this State, the
social study may consist only of the following:
The results of a central registry records check
A
review of any material changes in circumstances that have occurred
since the previous license renewal that affect the prospective adoptive
parent(s)' ability to adopt the child
In regulation:
When a foster parent plans to adopt a foster child who is age 5 or
older, a case worker from the adoption entity shall privately interview
the child and all members of the adoptive family household who are age 5
or older about their feelings toward the adoption before the adoption
consent is signed.
When a child is placed for adoption with a
person who has been a foster parent to the child, a case manager from
the adoption entity shall conduct home visits at least every 2 months
from the time legal consent for adoption has been signed until the
finalization of adoption. If the adoptive child is a child with special
needs, the case manager shall visit at least once a month.
To better understand this issue and to view it across States, download the
PDF
(524 KB) of this publication.
Current Through February 2016
Birth Parents in Relation to Adopted Person
The relationship of birth parent and adopted person is completely
severed upon entry of the adoption decree, and all legal consequences of
the relationship cease to exist, including the right of inheritance.
Adoption
of a child by the spouse of either birth parent has no effect on the
relationship between the child and that birth parent or on the right of
the child or a descendant of the child to inherit from or through the
other birth parent.
Adoptive Parents in Relation to Adopted Person
The adopted person is entitled to inherit from and through the
adoptive parent, and the adoptive parent is entitled to the same from
the adopted person, as though the child were born to the adoptive
parents in lawful wedlock.
Adopted Persons Who Are Not Included in a Will
A person who is adopted and that person's descendants, if
appropriate to the class, are included in class gifts and other terms of
relationship in accordance with intestate succession.
If a
testator fails to provide by will for a child who is adopted after the
testator executes the will, the omitted child receives a share in the
estate as follows:
If the testator had no child living when
the testator executed the will, an omitted child receives a share in the
estate equal in value to what the child would have received if the
testator had died intestate, unless the will devised all or
substantially all of the estate to the other parent of the omitted child
and that other parent survives the testator and is entitled to take
under the will.
If the testator had one or more children living
when the testator executed the will, and the will devised property or
an interest in property to one or more of the then-living children, an
omitted child is entitled to share in the testator's estate as follows:
The
portion of the testator's estate in which the omitted child is entitled
to share is limited to bequests made to the testator's then-living
children under the will.
The share of the testator's estate that
the child would have received if the testator had included all omitted
children with the children to whom devises were made under the will and
had given an equal share of the estate to each child.
However, if it appears from the will that the omission was intentional
or that the testator provided for the omitted child by transfer outside
the will and the intent that the transfer be in lieu of a testamentary
provision is shown by the testator's statements or can be reasonably
inferred from the amount of the transfer or other evidence, no share in
the estate will be received.
Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, download the
PDF
(566 KB) of this publication.
Current Through November 2014
What may be included in postadoption contact agreements?
The parties to a proceeding under this chapter may enter into an
agreement regarding communication with an adopted child, the adoptive
parents, and a birth parent.
The agreement shall state that the
adoptive parent may terminate contact between the birth parent and the
adopted child at any time if the adoptive parent believes that this
contact is not in the child's best interests.
The agreement shall
contain a clause stating that the parties agree to the continuing
jurisdiction of the court to enforce and modify the agreement and that
they understand that failure to comply with the agreement is not grounds
for setting aside an adoption decree or for revocation of a written
consent to an adoption or relinquishment of parental rights.
Who may be a party to a postadoption contact agreement?
The court shall not approve an agreement unless the agreement is
approved by the prospective adoptive parents, any birth parent with whom
the agreement is being made, and if the child is in the custody of the
division or an agency, a representative of the division or agency.
What is the role of the court in postadoption contact agreements?
The court shall not approve the agreement unless the court finds
that the communication between the adopted child, the adoptive parents,
and a birth parent is in the child's best interests. The court may
consider the wishes of a child who is at least 12 years old.
The
court retains jurisdiction after the decree of adoption is entered to
hear motions brought to enforce or modify an order entered pursuant to
this section. Before filing a motion, the party seeking to enforce or
modify an order shall make a good faith attempt to mediate the dispute.
The court shall not enforce or modify an order unless the party filing
the motion has made a good faith attempt to mediate the dispute.
Are agreements legally enforceable?
An agreement is not enforceable unless the agreement is in writing and is approved by the court.
An
agreement entered into pursuant to this section is enforceable even if
it does not disclose the identity of the parties to the agreement.
Failure
to comply with an agreement is not grounds for setting aside an
adoption decree or for revocation of a written consent to an adoption or
relinquishment of parental rights.
How may an agreement be terminated or modified?
The court may order a modification of an agreement if it finds
that the modification is necessary to serve the best interests of the
adopted child, and one of the following is true:
The modification is agreed to by the adoptive parents.
Exceptional circumstances have arisen since the agreement was approved that justify modification of the agreement.
The court may consider the wishes of a child who is at least age 12 in determining whether to order a modification.
Providing Adoptive Parents With Information About Adoptees and Their Birth Families
To better understand this issue and to view it across States, download the
PDF
(617 KB) of this publication.
Current Through
Agency or Person Preparing the Report
The division, agency, or person placing the child shall compile the information.
Contents of Report About the Adopted Person
The social study shall include the social history, heritage,
and mental and physical condition of the child and the child's birth
parents.
Contents of Report About the Birth Family
The report shall contain detailed, written, nonidentifying
information including a health and genetic history and all
nonidentifying information about the birth parents or members of a birth
parent's family.
When the Report Is Made
The report is compiled and provided to the prospective adoptive parents before the child is placed for adoption.
Exceptions for Stepparent or Relative Adoptions
A social study is not required if either of the following is true:
The
prospective adoptive parent is the child's stepparent who has been
legally married to the child's birth or legal parent for at least 1
year, and the child has resided with the stepparent and parent for at
least 6 months.
The prospective adoptive parent is the child's
adult sibling, by whole or half blood, or the child's aunt, uncle,
grandparent, or great-grandparent, and the child has resided with the
prospective adoptive parent for at least 6 months.
To better understand this issue and to view it across States, download the
PDF
(508 KB) of this publication.
Current Through March 2017
Birth Parent Expenses Allowed
The court may approve any monies paid to a parent of a child
placed for adoption or another person for the benefit of the parent or
adopted child for reasonable and necessary expenses incurred in
connection with the adoption. These expenses may include costs for
medical and hospital care and examinations for the mother and child,
counseling fees, legal fees, agency fees, living expenses, and any other
costs the court finds reasonable and necessary.
A person who
wishes to pay the living expenses of a birth parent that exceed $1,000
shall file a motion with the court to permit that payment. A maximum of
$1,000 may be advanced for birth parent living expenses without a
motion.
In determining what living expenses are reasonable and
necessary, the court shall consider, but not be limited to, the
following factors:
The current standard of living of the birth parent
The standard of living necessary to preserve the health and welfare of the birth parent and the unborn child
The existence of alternative financial resources for the birth parent
Birth Parent Expenses Not Allowed
Expenses that the court finds to be unauthorized or unreasonable are not allowed.
Allowable Payments for Arranging Adoption
An attorney may be paid for services in connection with an
adoption but only in amounts that the court approves as reasonable and
necessary.
Allowable Payments for Relinquishing Child
Except as provided, a person shall not be directly or
indirectly compensated for giving or obtaining consent to place a child
for adoption.
Allowable Fees Charged by Department/Agency
The Department of Economic Security may charge fees for
studying and certifying adoption applicants and for providing placement
supervision services to cover the costs of providing these services.
If
an investigation is conducted by an officer of the court, the court may
charge a reasonable fee. The court may waive, reduce, or defer this fee
if the fee would cause a hardship.
Accounting of Expenses Required by Court
No fewer than 10 days before an adoption petition is heard,
the prospective adoptive parent shall file with the court a verified
accounting of all fees, payments, disbursements, or commitments of
anything of value made or agreed to be made by the prospective adoptive
parent in connection with the adoption. The accounting shall include all
living expenses and be accompanied by an affidavit that is signed by
the birth mother, either before or after the birth of the child, that
verifies that she has been given written notice, she understands that
the payment of these expenses does not obligate her to place her child
for adoption, and she may give a valid consent to the adoption only
after the child's birth without regard to any cost or expense paid by
any person in connection with the adoption. This subsection does apply
to an agency-placement adoption or to a direct-placement adoption made
through an agency.
The court shall allow, disallow, or allow in
part fees, payments, disbursements, and commitments as shown in the
accounting. All adoption cases shall be reviewed by the juvenile court
for reasonableness and necessity of expenses.
To better understand this issue and to view it across States, download the
PDF
(792 KB) of this publication.
Current Through August 2017
Legal Definition of 'Father'
A man is presumed to be the father of a child if:
He
and the mother of the child were married at any time in the 10 months
immediately preceding the birth or the child is born within 10 months
after the marriage is terminated by death, annulment, declaration of
invalidity or dissolution of marriage, or after the court enters a
decree of legal separation.
Genetic testing affirms at least a 95 percent probability of paternity.
A birth certificate is signed by the mother and father of a child born out of wedlock.
A
notarized or witnessed statement is signed by both parents
acknowledging paternity or separate substantially similar notarized or
witnessed statements are signed by both parents acknowledging paternity.
Paternity Registry
A
person who is seeking paternity, who wants to receive notice of
adoption proceedings, and who is the father or claims to be the father
of a child shall file notice of a claim of paternity and of his
willingness and intent to support the child to the best of his ability
with the State Registrar of Vital Statistics in the Department of Health
Services. The Department of Health Services shall provide forms for the
purpose of filing the notice of a claim of paternity. Forms shall be
made available in the Department of Health Services, the office of the
clerk of the Board of Supervisors in each county, every hospital, every
licensed child-placing agency, the Department of Economic Security, the
Department of Child Safety, sheriff's offices, jails, prisons,
Department of Corrections facilities, and Department of Juvenile
Corrections facilities.
The Department of Health Services shall maintain a confidential registry for this purpose.
Alternate Means to Establish Paternity
This
state or the parent of a child born out of wedlock may establish the
paternity of a child by filing one of the following with the clerk of
the superior court, the Department of Economic Security, or the
Department of Health Services:
A notarized or witnessed
statement that contains the Social Security numbers of both parents and
that is signed by both parents acknowledging paternity or two separate
substantially similar notarized or witnessed statements acknowledging
paternity
An agreement by the parents to be bound by the results
of genetic testing, including any genetic test previously accepted by a
court of competent jurisdiction, or any combination of genetic testing
agreed to by the parties, and an affidavit from a certified laboratory
that the tested father has not been excluded
On filing a
document required above, the court shall issue an order establishing
paternity, which may amend the name of the child or children, if
requested by the parents. The clerk shall transmit a copy of the order
to the Department of Health Services and the Department of Economic
Security.
A voluntary acknowledgment of paternity may be filed
with the Department of Economic Security, which shall provide a copy to
the Department of Health Services. A voluntary acknowledgment of
paternity made pursuant to this section is a determination of paternity
and has the same force and effect as a superior court judgment.
Required Information
The
notice of a claim of paternity may be filed before the birth of the
child but shall be filed within 30 days after the birth of the child.
The notice of a claim of paternity shall be signed by the putative
father and shall include his name and address, the name and last known
address of the birth mother, and either the birth date of the child or
the probable month and year of the expected birth of the child. The
putative father who files a notice of a claim of paternity under this
section shall notify the Registrar of Vital Statistics of any change of
his address.
Revocation of Claim to Paternity
The mother or the father may rescind the acknowledgment of paternity within the earlier of:
Sixty
days after the last signature is affixed to the notarized
acknowledgment of paternity that is filed with the Department of
Economic Security, the Department of Health Services, or the court
The date of a proceeding relating to the child, including a child support proceeding in which the mother or father is a party
A
rescission must be in writing, and a copy of each rescission of
paternity shall be filed with the Department of Economic Security. The
Department of Economic Security shall mail a copy of the rescission of
paternity to the other parent and to the Department of Health Services.
The
mother, father, or child may challenge a voluntary acknowledgment of
paternity established in this state at any time after the 60-day period
only on the basis of fraud, duress, or material mistake of fact, with
the burden of proof on the challenger and under which the legal
responsibilities, including child support obligations of any signatory
arising from the acknowledgment, shall not be suspended during the
challenge except for good cause shown. The court shall order the mother,
her child or children, and the alleged father to submit to genetic
testing. If the court finds by clear and convincing evidence that the
genetic tests demonstrate that the established father is not the
biological father of the child, the court shall vacate the determination
of paternity and terminate the obligation of that party to pay ongoing
child support.
Access to Information
The
department shall only respond to written inquiries of the confidential
registry that are received from the court, the Department of Child
Safety, a licensed adoption agency, or a licensed attorney participating
or assisting in a direct placement adoption.
State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, download the
PDF
(604 KB) of this publication.
Current Through June 2014
Effect and Recognition of a Foreign Adoption Decree
This issue is not addressed in the statutes reviewed.
Readoption After an Intercountry Adoption
Before the State Registrar creates and registers a certificate of
foreign birth for a parent of an adopted child who has been issued an
IR-3 visa and who has completed a readoption process in a court in this
State, the parent must provide either of the following:
An original State of Arizona certificate of adoption
A
certified court order of adoption issued by a court in this State and
either a birth certificate from the country of the adopted child's birth
or any other written documentation that establishes the date and place
of the adopted child's birth that has been translated into English
Application for a U.S. Birth Certificate
The State Registrar shall create a certificate of foreign birth for an adopted person who shows that he or she:
Was born in a foreign country
Is not a U.S. citizen
Has gone through a completed adoption process in a foreign country before coming to the United States
Has an IR-3 stamped passport
Before
the State Registrar creates a certificate of foreign birth, a State
court, an adoptive parent, or an adult adopted person must submit the
following:
An adoption decree or other official document
finalizing the adoption from the country of the adopted person's birth
that has been translated into English
A copy of the passport page showing the IR-3 stamp
If
the adopted person does not have an IR-3 stamped passport, before the
State Registrar creates a certificate, an adoptive parent or an adult
adopted person must submit either:
An original State of Arizona certificate of adoption
A
certified court order of adoption issued by a court in this State and
either a birth certificate from the country of the adopted person's
birth or any other written documentation that establishes the date and
place of the adopted person's birth that has been translated into
English
If the person was not adopted in this State, a court
order issued in this State that recognizes the adoption pursuant to §
36-336
The State Registrar shall not create a State of
Arizona certificate of foreign birth for an adopted person who was born
in a foreign country and who was a U.S. citizen at the time of birth.
The State Registrar shall inform the adoptive parents or the adult
adopted person that a birth certificate may be obtained through the U.S.
Department of State.
A State of Arizona certificate of foreign
birth for an adopted person must show the country of birth and state
that the certificate is not evidence of U.S. citizenship for the person
for whom it is issued.
To better understand this issue and to view it across States, download the
PDF
(435 KB) of this publication.
Current Through October 2017
Definitions
This issue is not addressed in the statutes reviewed.
Prohibited or Required Actions Regarding Custody
A parent of a minor may delegate to another person, by a
properly executed power of attorney, any powers he or she may have
regarding care, custody, or property of the minor, except power to
consent to marriage or adoption of the minor, for a period not exceeding
6 months.
A person who is not currently certified as acceptable
to adopt but who has custody of a child who the person intends to adopt
shall petition the court for an order permitting that person to keep
custody of the child pending certification. The person shall file the
petition no later than 5 days after the person obtains custody of the
child. The court shall hold a hearing within 10 days after the person
files the petition. The child shall attend the hearing, except for good
cause shown. At the hearing, the burden of proof is on the petitioner to
show that permitting custody is in the child's best interests. The
court may permit the petitioner to have custody or it may order that
custody be given to some other person or agency, as it deems to be in
the child's best interests. If the court permits the person to continue
to have custody of the child, the court shall order the investigation
for preadoption certification and report as required by § 8-105 to
continue. If an application for certification has not been filed before
the hearing, the court shall order that an application for certification
be filed within 30 days after the hearing date.
If a petition is
not filed by the person intending to adopt a child, the division, an
agency, or any other interested person may petition the court for such a
hearing. On the filing of a petition the court shall set the matter for
hearing and issue its order to the person having custody of the child
to appear before it to show cause why custody should not be denied.
Exceptions
A custody petition or hearing is not required in any of the following cases:
The person who intends to adopt the child is the spouse of a birth parent of the child.
The
person who intends to adopt the child or one of these persons is an
uncle, aunt, adult sibling, grandparent, or great-grandparent of the
child of the whole or half-blood or by marriage.
The person who intends to adopt the child is currently certified as acceptable to adopt the child.
Custody of the child has been given or is to be given to an
agency, the Department of Child Safety, or a licensed or certified
foster home.
The person who intends to adopt the child is currently the court-appointed guardian of the child.
Consequences
This issue is not addressed in the statutes reviewed.
Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, download the
PDF
(476 KB) of this publication.
Current Through August 2015
Use of Advertisement
This issue is not addressed in the statutes reviewed.
Use of Intermediaries/Facilitators
Except as provided below, a person shall not do any of the
following unless the person is employed or engaged by and acting on
behalf of a licensed adoption agency:
Solicit or accept
employment or engagement, for compensation, by or on behalf of a parent
or guardian for assistance in the placement of a child for adoption
Solicit
or accept employment or engagement, for compensation, by or on behalf
of any person to locate or obtain a child for adoption
An
attorney licensed to practice law in this State may assist and
participate in direct placement adoptions and may receive compensation
to the extent the court finds reasonable, if the person granting consent
to the adoption has chosen a specific adopting parent without prior
involvement of the attorney or if the choice is made only from among
persons currently certified by the court as acceptable to adopt
children.
Before a petition to adopt is granted, an attorney participating or
assisting in the direct placement or adoption shall file an affidavit
stating that there has been compliance with the above requirements.
An
attorney may be paid for the attorney's services in connection with the
adoption for only the amount the court approves as being reasonable and
necessary.
Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, download the
PDF
(543 KB) of this publication.
Current Through December 2015
Who May Adopt
Any adult resident of the State, whether married, unmarried, or
legally separated, is eligible to adopt. A husband and wife may jointly
adopt.
The division or adoption agency shall place a child in an
adoptive home that best meets the safety, social, emotional, and
physical and mental health needs of the child. Other relevant factors
for consideration, in no order of preference, shall include:
The marital status, and length and stability of the marital relationship of the prospective adoptive parents
Placement with the child's siblings
Established
relationships between the child and the prospective adoptive family,
including placement with a grandparent or another member of the child's
extended family including a person or foster parent who has a
significant relationship with the child
The prospective adoptive
family's ability to meet the child's safety, social, emotional, and
physical and mental health needs and the ability to financially provide
for the child
The wishes of the child who is age 12 or older
The
wishes of the child's birth parents, unless the rights of the parent
have been terminated or the court has established a case plan of
severance and adoption
The availability of relatives, the
child's current or former foster parents, or other significant persons
to provide support to the prospective adoptive family and child
If
all relevant factors are equal and the choice is between a married man
and woman certified to adopt and a single adult certified to adopt,
placement preference shall be with a married man and woman.
Who May Be Adopted
The following persons may be adopted:
A child
A foreign-born person age 21 or younger who is not an illegal alien
A person to be adopted must be present within the State at the time the petition is filed.
Who May Place a Child for Adoption
A child may be placed as follows:
The child's birth or adoptive parent may consent to a direct placement or an agency placement.
A licensed child-placing agency or the Department of Child Safety may handle a direct placement or an agency placement.
A State-licensed attorney may handle direct placements.
