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House of Representatives
SB 1430

children; CPS
Sponsors: Senator Johnson, Senator Bee, Senator Blendu et al


X
Committee on Judiciary

Caucus and COW

As Engrossed and As Passed the House

SB 1430 makes a variety of changes to the Child Protective Services’ (CPS)
statutes and creates the Family Advocacy Council (FAC) and Family Advocacy
Office (FAO).
History
CPS is in the Division of Children, Youth and Families (DCYF) in the
Department of Economic Security (DES). A.R.S. § 8-800 describes the primary
purposes
of CPS to be the protection of children through the investigation of
allegations of abuse and neglect, the promotion of the well-being of the child
in a
permanent home, and the coordination of services to strengthen the family and
prevent, intervene, and treat abuse and neglect of children.
A.R.S. § 8-821 states a child may be taken into temporary custody by a CPS
worker if temporary custody is clearly necessary to protect the child because
probable cause exists to believe that the child is either:
· A victim or will imminently become a victim of abuse or neglect.
· Suffering serious physical or emotional injury that can only be
diagnosed by a medical doctor or psychologist.
· Physically injured as a result of living on a premises where
dangerous drugs or narcotic drugs are being manufactured.
A.R.S. § 8-822 specifies each removal of a child that is expected to result
in a dependency petition shall be reviewed to assess options other than
continued out-of-home placement including in-home services to the family. The
review is conducted by a Removal Review Team (RRT) which consists of a CPS
worker, a CPS worker's supervisor and two members of the local Foster Care
Review
Board. A child shall not be removed unless a majority of the members of the
RRT agree that removal is necessary. If a majority of the members of the RRT do
not agree that removal is necessary, the child shall not be removed or, if
the child has already been removed, the child shall be returned to the home.
Provisions
· Restates the limitation of authority and duty to inform of CPS
workers by:
· Eliminating the requirement to provide information outlining
parental rights in writing.
· Adding that the person under investigation is not required to
allow the CPS worker to enter the dwelling.
· Requiring that the CPS worker make all reasonable efforts to
inform the person under investigation of their rights, and of the limitation of
authority placed on CPS, before the child is removed from the home.
· Mandating that DES has the burden of proof that the CPS worker
informed the person under investigation as he or she was required to.
· Requires DES to provide access to CPS information to the FAC and
the staff of the FAO if the information is reasonably necessary for the
persons to perform their official duties, and restricts the information from
being
further disclosed.
· Changes the composition of RRTs to include:
· A CPS worker or the worker’s supervisor.
· Two members of the Foster Care Review Board, at least one of whom
is from the local district.
· Mandates that the RRT not meet unless two members of the Foster
Care Review Board are present.
· Requires the written notice to a parent of a child taken into
temporary custody to include information that a RRT will be meeting to review
the removal, and the date and time of that meeting.
· Changes the standard of evidence in a termination adjudication
hearing from “clear and convincing” to “beyond a reasonable doubt.”
· Changes the standard of evidence in a dependency adjudication
hearing from “a preponderance of the evidence” to “clear and convincing
evidence.”
· Creates the FAC consisting of the following members:
· A nonvoting member of the House appointed by the Speaker of the
House.
· A nonvoting member of the Senate appointed by the President of the
Senate.
· A family law judge appointed by the Chief Justice of the Supreme
Court.
· An employee of the DCYF in DES appointed by the Director of DES.
· A Court Appointed Special Advocate appointed by the Chief Justice
of the Supreme Court.
· A member of the State Foster Care Review Board appointed by the
Chief Justice of the Supreme Court.
· An attorney specializing in family law appointed by the President
of the Senate.
· A current foster parent appointed by the Speaker of the House.
· A former foster child appointed by the Governor.
· A parent whose rights were terminated appointed by the Governor.
· A parent who has been reunited with a child that was removed from
the home appointed by the Governor.
· Stipulates that members of the FAC are not eligible to receive
compensation, but can be reimbursed for expenses with the exceptions of the
members of the House and Senate and the family law judge.
· Specifies members of the FAC serve at the pleasure of those who
appointed them.
· Indicates the duties of the FAC are as follows:
· Select a chairperson from its voting membership annually at the
first meeting.
· Meet at least four times a year at the call of the chairperson.
· Serve as a resource to families affected by actions taken by CPS.
· Review CPS cases and files on their own motion or on request of
any legislator.
· Advocate on behalf of any parent the FAC believes is in need of
advocacy.
· Submit an annual report of actions and any recommendations for
improvements to the CPS system on or before December 1st to the Governor,
President of the Senate, and Speaker of the House.
· Allows members of the FAC to excuse themselves from participating
in advocacy activities.
· Exempts members of the FAC from criminal or civil liability for
good faith actions taken in connection with their responsibilities.
· Creates the FAO.
· Stipulates the duties of the FAO are as follows:
· Offer staff support to the FAC.
· Assist the FAC in conducting research and collecting data relating
to the CPS system.
· Provide other necessary services to the FAC.
· Specifies the FAC shall appoint an executive director of the FAO
who serves at the pleasure of the FAC.
· Indicates the characteristics and duties of the executive director
of the FAO as follows:
· Eligible to receive compensation set by the FAC within the range
specified in statute.
· May employ and terminate employees or contract for special
services as necessary to carry out the responsibilities of the FAC and FAO.
· Prepare minutes, records, reports, and record all FAC actions.
· Enter into contracts to procure goods and services necessary to
carry out the duties, policies, and directions of the FAC and FAO.
· Repeals the FAC and FAO on July 1, 2016.
· Indicates the purpose of the creation of the FAC and FAO is to
serve as a resource and advocate for families affected by actions taken by DES
related to CPS.
· Delays the effective date to December 31, 2006.
·
·
· ---------- DOCUMENT FOOTER ---------
· Forty-seventh Legislature
· Second Regular Session 2 March 29, 2006
·

· ---------- DOCUMENT FOOTER -----

Forty-seventh Legislature

Second Regular Session


COMMITTEE ON JUDICIARY
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1430
(Reference to Senate engrossed bill)




Page 6, line 10, after the period strike remainder of line; strike line 11,
insert "If two members of the foster care review board are not available, the
review team must consult an employee of the family advocacy office
established in section 8-902. If the"





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