Bill Text: AZ HB2074 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Licensing; foster homes
Spectrum: Moderate Partisan Bill (Republican 19-3)
Status: (Passed) 2013-04-29 - Governor Signed [HB2074 Detail]
Download: Arizona-2013-HB2074-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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CHAPTER 126
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HOUSE BILL 2074 |
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AN ACT
Amending sections 8-503, 8-509 and 8-514, Arizona Revised Statutes; relating to foster homes.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-503, Arizona Revised Statutes, is amended to read:
8-503. Powers and duties
A. The division shall:
1. Exercise supervision over all child welfare agencies.
2. Advise and cooperate with the governing boards of all child welfare agencies.
3. Assist the staffs of all child welfare agencies by giving advice on progressive methods and procedures of child care and improvement of services.
4. Establish rules, regulations, and standards for:
(a) Licensing of child welfare agencies.
(b) Licensing of foster homes.
(c) Classifications of foster homes as:
(i) Receiving foster homes.
(ii) Regular foster homes.
(iii) Special classes of foster homes as are needed according to the types of problems involved.
(iv) Group foster homes.
(d) Certifying each foster home according to one or more of the categories defined prescribed in subdivision (c) of this paragraph.
(e) Initial and ongoing foster parent training programs.
(f) The method of approving foster parent training programs.
(g) Uniform amounts of payment for all foster homes according to certification. However, variations in uniform amounts of payments may be allowed for foster homes based on consideration of geographical location or age or mental or physical condition of a foster child.
(h) Annual Renewal of licenses of child welfare agencies and foster homes.
(i) Form and content of investigations, reports and studies concerning disposition of children and foster home placement.
5. Establish a program of counseling and rehabilitation of parents whose children have been placed in foster homes.
6. Establish foster parent training programs or contract with other agencies, institutions or groups for the provision of such programs to foster parents. Foster parent training programs shall be established in at least the following areas:
(a) Initial and ongoing training as a foster parent for a regular or group foster home.
(b) Initial and ongoing training as a foster parent for a special foster home.
7. Regulate the importation and exportation of children.
8. In conjunction with the department of education and the department of corrections, develop and implement a uniform budget format to be submitted by licensed child welfare agencies. The budget format shall be developed in such a manner that, at a minimum, residential and educational instructional costs are separate and distinct budgetary items.
9. Beginning October 1, 1983, establish as a goal that, at any given time, not more than fifty per cent of the total number of children whose maintenance is subsidized by title IV, part E of the social security act, as amended, shall be in foster care in excess of twenty‑four consecutive months. The division shall establish through regulations appropriate procedures to achieve the goal.
B. Except as provided in section 8‑514.01, large group settings for children, group homes for children and child developmental foster homes which have one or more residents who are developmentally disabled clients of the department shall be licensed pursuant to title 36, chapter 5.1, article 3. Rules, regulations and standards adopted pursuant to subsection A, paragraph 4 of this section shall not apply to group homes for children or child developmental foster homes licensed pursuant to title 36, chapter 5.1, article 3.
Sec. 2. Section 8-509, Arizona Revised Statutes, is amended to read:
8-509. Licensing of foster homes; renewal of license; provisional license
A. The division shall license and certify foster homes. Licenses are valid for a period of one year two years.
B. The division shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8‑503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to section 41‑1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the division and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
C. The division shall not renew a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved ongoing foster parent training per year as set forth in section 8‑503.
D. Notwithstanding the requirements of subsections B and C of this section, if the division determines a condition of hardship to the foster parent or parents, the division may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.
E. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the division. The division shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the division, the agency shall submit an application stating the foster home's qualifications to the division. The agency may also recommend the types of licensing and certification to be granted to the foster home.
F. The division shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.
G. This section shall not apply when the child is placed in a home by a means other than by court order and when the home receives no compensation from the state or any political subdivision of the state.
H. The division shall not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with the state of Arizona.
I. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the division on a form prescribed by the division. The licensee must specify the new month of renewal on the application. The modified renewal date must be prior to, but not more than six months earlier than, the existing renewal date.
Sec. 3. Section 8-514, Arizona Revised Statutes, is amended to read:
8-514. Placement in foster homes
A. Subject to the provisions of section 8‑514.01, the division or a licensed child welfare agency if so authorized in its license, may place a child in a licensed foster home for care or for adoption. Notwithstanding any law to the contrary, the division or a licensed child welfare agency may place a child in excess of the number of children allowed and identified in a foster parent's license if the division or agency reasonably believes the foster home has the ability to safely handle additional children and if there are no outstanding concerns, deficiencies, reports or investigations known by the division regarding the foster home, and if the child meets any of the following criteria:
1. The child is part of a sibling group that currently resides in the foster home.
2. The child is part of a sibling group that is being considered for placement in a foster home but because of the maximum child limit would otherwise have to be separated.
3. The child previously resided in the foster home.
4. The child is a kinship placement for the foster home.
B. The department shall place a child in the least restrictive type of placement available, consistent with the needs of the child. The order for placement preference is as follows:
1. With a parent.
2. With a grandparent.
3. In kinship care with another member of the child's extended family, including a person who has a significant relationship with the child.
4. In licensed family foster care.
5. In therapeutic foster care.
6. In a group home.
7. In a residential treatment facility.
C. Notwithstanding subsection B of this section, the order for placement preference of a native American child is as follows:
1. With a member of the child's extended family.
2. In a licensed family foster home approved or specified by the child's tribe.
3. In an Indian foster home licensed or approved by an authorized non‑Indian licensing authority.
4. In an institution approved by the Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs pursuant to 25 United States Code chapter 21.
D. At the time of placement there shall be presented to the foster parents, by the agency or division placing the child, a written summary of known, unprivileged, information regarding the child, including but not limited to:
1. Demographic information.
2. Type of custody and previous placement.
3. Pertinent family information including but not limited to the names of family members who, by court order, may not visit the child.
4. Known or available medical history including but not limited to:
(a) Allergies.
(b) Immunizations.
(c) Childhood diseases.
(d) Physical handicaps.
(e) Other idiosyncrasies.
(f) The child's last doctor, if known.
5. A summary of the child's history of adjudication on acts of delinquency, as may be public record and available in the file of the clerk of the superior court.
E. The responsibility of the agency or the division for a child placed in a foster home shall be defined in writing and accepted by the person receiving the child. The agency or division shall make available to the foster parents a method of acquiring emergency information that may be necessary to deal with situations that may arise pursuant to their responsibilities as foster parents.
F. Every foster home shall maintain a record of the children received, which shall include facts in regard to the children and their care and shall be in the form and kept in the manner prescribed by the division.
APPROVED BY THE GOVERNOR APRIL 29, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 30, 2013.
