A.R.S. § 8-453 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 453
8-453 Powers and duties
Status: in_force

8-453. Powers and duties

A. The director shall:

1. Carry out the purposes of the department prescribed in section 8-451.

2. Provide transparency by being open and accountable to the public for the actions of the department.

3. Develop a data system that enables persons and entities that are charged with a responsibility relating to child safety to access all relevant information relating to an abused, neglected or abandoned child as provided by law.

4. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ deputy directors and other key personnel based on qualifications that are prescribed by the director.

5. Adopt rules to implement the purposes of the department and the duties and powers of the director.

6. Petition, as necessary to implement the case plan established under section 8-824 or 8-845, for the appointment of a guardian or a temporary guardian under title 14, chapter 5 for children who are in the custody of the department pursuant to court order.  Persons applying to be guardians or temporary guardians under this section shall be fingerprinted. A foster parent or certified adoptive parent already fingerprinted is not required to be fingerprinted again, if the foster parent or certified adoptive parent is the person applying to be the guardian or temporary guardian.

7. Cooperate with other agencies of this state, county and municipal agencies, faith-based organizations and community social services agencies, if available, to achieve the purposes of this chapter.

8. Exchange information, including case specific information, and cooperate with the department of economic security for the administration of the department of economic security's programs.

9. Administer child welfare activities, including:

(a) Cross-jurisdictional placements pursuant to section 8-548.

(b) Providing the cost of care of:

(i) Children who are in temporary custody, are the subject of a dependency petition or are adjudicated by the court as dependent and who are in out-of-home placement, except state institutions.

(ii) Children who are voluntarily placed in out-of-home placement pursuant to section 8-806.

(iii) Children who are the subject of a dependency petition or are adjudicated dependent and who are in the custody of the department and ordered by the court pursuant to section 8-845 to reside in an independent living program pursuant to section 8-521.

(c) Providing services for children placed in adoption.

10. Formulate policies, plans and programs to effectuate the missions and purposes of the department.

11. Make contracts and incur obligations within the general scope of the department's activities and operations subject to the availability of funds.

12. Coordinate with, contract with or assist other departments, agencies and institutions of this state and local and federal governments in the furtherance of the department's purposes, objectives and programs.

13. Accept and disburse grants, matching funds and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of the department.

14. Collect monies owed to the department.

15. Act as an agent of the federal government in furtherance of any functions of the department.

16. Carry on research and compile statistics relating to the child welfare program throughout this state, including all phases of dependency.

17. Cooperate with the superior court in all matters related to this title and title 13.

18. Provide the cost of care and transitional independent living services for a person under twenty-one years of age pursuant to section 8-521.01.

19. Ensure that all criminal conduct allegations and reports of imminent risk of harm are investigated.

20. Ensure the department's compliance with the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).

21. Strengthen relationships with tribal child protection agencies or programs.

B. The director may:

1. Take administrative action to improve the efficiency of the department.

2. Contract with a private entity to provide any functions or services pursuant to this title.

3. Apply for, accept, receive and expend public and private gifts or grants of money or property on the terms and conditions as may be imposed by the donor and for any purpose provided for by this title.

4. Reimburse department volunteers, designated by the director, for expenses in transporting clients of the department on official business.  Volunteers reimbursed for expenses are not eligible for workers' compensation under title 23, chapter 6.

C. The department shall administer individual and family services, including sections on services to children and youth and other related functions in furtherance of social service programs under the social security act, as amended, title IV, parts B and E, grants to states for aid and services to needy families with children and for child-welfare services, title XX, grants to states for services and other related federal acts and titles.

D. Notwithstanding any other law, a state or local governmental agency or a private entity is not subject to civil liability for the disclosure of information that is made in good faith to the department pursuant to this section.

E. Notwithstanding section 41-192, the department may employ legal counsel to provide legal advice to the director. The attorney general shall represent the department in any administrative or judicial proceeding pursuant to title 41, chapter 1, article 5.

F. The total amount of state monies that may be spent in any fiscal year by the department for foster care as provided in subsection A, paragraph 9, subdivision (b) of this section may not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
A.R.S. § 8-548.03 — Arizona Code / Title 8 / Chapter 4 / Article 6 / Section 548.03
8-548.03 Supplementary agreements
Status: in_force

8-548.03. Supplementary agreements

The compact administrator shall have authority to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement requires or contemplates the use of any institution or facility of this state or requires or contemplates the provision of any service by this state, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
A.R.S. § 8-387 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 387
8-387 Notice of terms and conditions of release
Status: in_force

8-387. Notice of terms and conditions of release

On the request of the victim, the juvenile probation department or the department of juvenile corrections shall provide a copy of the terms and conditions of release.  The copy of the terms and conditions of release may be provided to the victim in an electronic form, pamphlet, information card or other material.
A.R.S. § 8-514.02 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514.02
8-514.02 Placement of child
Status: in_force

8-514.02. Placement of child

A. The department may place a child with a parent, a relative or a person who has a significant relationship with a child.

B. During an emergency situation when a child must be placed, the department shall not place a child with a relative or a person who has a significant relationship with the child unless each adult member of the relative's or person's household consents to both of the following:

1. A preliminary state and federal name-based background check.

2. Within fifteen calendar days from the date the name-based background check is conducted, the submission of a full set of the person's fingerprints to obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Except for a placement pursuant to section 8-861, before a child who has been in out-of-home care is placed with a parent, the department shall conduct a background check pursuant to section 41-1750 of all adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home.  The results of this background check shall be considered when making a safety assessment of the placement.

D. The department shall immediately remove a child from a home if any adult household member fails to provide fingerprints as provided in subsection B of this section.  If placement of the child in the home was ordered by the court, the department shall immediately request a change of physical custody from the court.

E. Unless approved in writing by the department, the parent or relative shall not allow the child to:

1. Be placed with any other person.

2. Have any contact with the allegedly abusive or neglectful parent, guardian or custodian or other person designated by the department.

3. Leave this state.

F. If a child is placed with a parent or relative pursuant to this section, the department shall inform the parent or relative about available financial and nonfinancial services and eligibility requirements and shall assist the parent or relative to complete the necessary applications.
A.R.S. § 8-882 — Arizona Code / Title 8 / Chapter 4 / Article 13 / Section 882
8-882 Program development
Status: in_force

8-882. Program development

In assisting the development of community programs, the department of child safety in partnership with the Arizona health care cost containment system as joint administrators of the program shall consider the following issues:

1. The determination of eligibility and a screening process to identify:

(a) A parent, guardian or custodian of a child who is named in a report to the department as a victim of abuse or neglect and whose substance abuse is a significant barrier to maintaining, preserving or reunifying the family.

(b) A person whose substance abuse is a significant barrier to maintaining or obtaining employment if the person is receiving cash assistance pursuant to title 46, chapter 2, article 5.

2. Training and technical assistance to be provided to communities for developing and providing the programs.

3. Collaboration among and integration with public and private agencies, programs, service providers, advocates and consumers.

4. Coordination and integration of funding sources to meet prevention, treatment and other service needs.

5. The scope of services to be provided that are family centered and that fit within the following categories:

(a) Substance abuse screening and assessment.

(b) Treatment referral.

(c) Treatment services.

(d) Aftercare.

(e) Service coordination.

(f) Other services necessary to achieve the outcome goals identified in section 8-884.

6. Procedures for sharing information to ensure the well-being of a child and the person being treated while maintaining confidentiality as otherwise prescribed by statute. These procedures shall include requirements for treatment providers to keep any court timely informed of the nature and status of treatment for a parent, guardian or custodian of a child who is the subject of a dependency action before the court.
A.R.S. § 8-364 — Arizona Code / Title 8 / Chapter 3 / Article 5 / Section 364
8-364 Financial arrangements
Status: in_force

8-364. Financial arrangements

The compact administrator, subject to the approval of the director of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed on this state by the compact or by any supplementary agreement entered into under the compact.
A.R.S. § 8-530.06 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.06
8-530.06 Group foster homes; employees; random drug screening
Status: in_force

8-530.06. Group foster homes; employees; random drug screening

A. The department shall develop and implement policies and procedures to conduct random quarterly drug screening of employees of a group foster home. The drug screening policies and procedures shall comply with title 23, chapter 2, article 14.

B. An employee of a group foster home may not have contact with any child living at the group foster home before an initial drug screening.

C. The department may conduct random drug screening of any group foster home employee if the employee is involved in an accident or incident in which a child that lives at the group foster home is injured. A group foster home shall submit the results of all random drug screening to the department within forty-eight hours after receiving the drug screening results.
A.R.S. § 8-464 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 464
8-464 Electronic communication by department
Status: in_force

8-464. Electronic communication by department

A. Notwithstanding any other law, if the department is required to provide an administrative order, a notice or a letter to an applicant, a recipient or a client, the department may send the administrative order, notice or letter by electronic means if the party being served or notified consents.

B. Consent may be obtained in writing on a form approved by the department, verbally on the record in a hearing or electronically through the department's website by the party being served following an affirmative consent procedure.  At the time of consent, the party must be advised of the nature of the notices to be delivered or served, the legal consequence of the choice and the right to revoke the consent.  Consent may be provided for a proceeding or for notices provided on an ongoing basis.

C. Delivery or service by electronic means is complete on transmission unless it is established that delivery or transmission of the electronic document failed due to department error or failure of the recipient to receive the electronic document for any other reason outside the control of the recipient.

D. Consent may be revoked in writing to the department or by following an affirmative revocation procedure established on the department's website.

E. If the department receives electronic notice that the electronic address to which a document is being sent is no longer valid or is otherwise not functioning, the department shall deem the consent to electronic notice to have been revoked and the document shall be served by mail.

F. This section only applies to notices, decisions and orders required for services and programs of the department. This section does not apply to a notice that is required in connection with litigation before a court of record in this state.
A.R.S. § 8-513 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 513
8-513 Participation in activities; contact with relatives; placement with siblings; independent living programs
Status: in_force

8-513. Participation in activities; contact with relatives; placement with siblings; independent living programs

A. A child may participate in activities and functions generally accepted as usual and normal for children of the child's age group if permission is granted as follows:

1. If the activity by law requires a license, the agency or division that placed the child may give permission on request of the foster parent.

2. If the activity includes the child leaving the jurisdiction of the court for a period not to exceed thirty days, the agency or division that placed the child may give permission on request of the foster parent.

3. If the activity is one which is associated with a school or organization not prohibited by rule of the division, the foster parents of the child may give permission.

B. The state shall indemnify and hold harmless the agency or foster parents for liability that may be incurred or alleged as a result of giving permission pursuant to subsection A if it is reasonably and prudently given. The state shall provide the defense of any action alleging such liability.

C. A child placed in foster care has the right to maintain contact with friends and relatives unless the court has determined that contact is not in the child's best interests as determined pursuant to a court hearing.

D. 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 visitation or other ongoing contact between the child and the child's siblings unless a court determines that either the placement or the visitation or contact would be contrary to the child's or a sibling's safety or well-being.

E. The out-of-home provider for a youth who is at least sixteen years of age shall work with independent living programs that are focused on career, education and future development planning to assist the youth in meeting program goals.
A.R.S. § 8-521.02 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 521.02
8-521.02 Extended foster care program; requirements
Status: in_force

8-521.02. Extended foster care program; requirements

A. The department may establish an extended foster care program for qualified young adults.  To participate in the program, a qualified young adult must meet all of the following requirements:

1. Have been in the custody of the department as a dependent child when the young adult became eighteen years of age.

2. Be eighteen, nineteen or twenty years of age and be one or more of the following:

(a) Completing secondary education or an educational program leading to an equivalent credential or be enrolled in an institution that provides postsecondary or vocational education.

(b) Employed at least eighty hours a month.

(c) Participating in a program or activity that promotes employment or removes barriers to employment.

(d) Unable to be a full-time student or to be employed because of a documented medical condition.

3. Sign a voluntary extended foster care agreement with the department on or after the qualified young adult's eighteenth birthday and before the young adult's twenty-first birthday.

B. The department shall provide a progress report every six months to the young adult administrative review panel for each qualified young adult who participates in the extended foster care program.

C. The young adult administrative review panel shall review, at least once every six months, the qualified young adult's voluntary extended foster care case plan, including the services and supports provided and needed to assist the young adult in the young adult's successful transition to adulthood.

D. The department shall develop and coordinate educational case management plans for a qualified young adult participating in the extended foster care program to assist the qualified young adult to accomplish the following:

1. Graduate from high school.

2. Pass the statewide assessment to measure pupil achievement adopted pursuant to section 15-741.

3. Apply for postsecondary education financial assistance.

4. Apply for postsecondary education.

5. Complete postsecondary education classes.
A.R.S. § 8-469.02 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 469.02
8-469.02 Foster youth permanency pilot project team; duties; confidentiality
Status: in_force

8-469.02. Foster youth permanency pilot project team; duties; confidentiality

A. The department shall establish a foster youth permanency pilot project team. The foster youth permanency pilot project team shall:

1. Develop a methodology to identify children who are believed to be at risk of exiting the department's custody without a permanency placement.

2. Implement solutions to remove barriers to permanency for children who are likely to be in the custody of the department when the child turns eighteen years of age or to begin participating in the extended foster care program pursuant to section 8-521.02.

B. The foster youth permanency pilot project team consists of the following members:

1. Members who have expertise or experience in social work.

2. Members who are attorneys and who have expertise in representing children or experience in child welfare law.

3. Members who have served as guardians ad litem.

4. Members who have served as court appointed special advocates.

5. Members who are familiar with the child's case and who have an understanding of the child's permanency plan preferences.

6. Members of national organizations with experience in permanency planning policy and best practices.

7. Members who have personal experience in foster care, including former foster care youth or members of a foster care family.

C. The foster youth permanency pilot project team shall do all of the following:

1. Thoroughly review the child's case file.

2. Convene foster youth permanency pilot project team meetings that include the child, the child's caregivers, the child's attorney and members of the foster youth permanency pilot project team who are appointed pursuant to subsection B of this section and who agree to participate in the child's case, as applicable and necessary. At the initial meeting, the foster youth permanency pilot project team shall identify barriers to permanency for each child selected and determine the assistance, resources and tools needed for the child to achieve permanency.

3. Review and discuss the permanency plan for the child.

4. Convene ongoing meetings of the foster youth permanency pilot project team to evaluate the child's progress towards permanency and to amend the child's permanency action plan as necessary.

5. Identify specific options to place a child with individuals or families who are willing and able to provide permanency to a child selected by the foster youth permanency pilot project team.

D. The foster youth permanency pilot project team shall have access to all department documents and personnel that are necessary to perform the duties of the foster youth permanency pilot project team.

E. The foster youth permanency pilot project team may enter into contracts with any of the following:

1. A child or adolescent psychiatrist who has expertise in effective therapies and assessing proper use of psychotropic medications.

2. An attorney who has expertise in social security benefits, education, immigration, disability, adoption and department and child welfare policies.

3. A private investigator who can successfully locate relatives or kin of children who were not previously identified as placement options.

4. A nonprofit organization that has demonstrated expertise and a proven record of successfully establishing permanency for youth who are at risk of exiting the department's care without achieving permanency.

F. The foster youth permanency pilot project team shall take reasonable steps to prevent unwarranted invasions of privacy and to protect the privacy and dignity of children who are the subject of a permanency action plan.
A.R.S. § 8-862 — Arizona Code / Title 8 / Chapter 4 / Article 11 / Section 862
8-862 Permanency hearing
Status: in_force

8-862. Permanency hearing

A. The court shall hold a permanency hearing to determine the future permanent legal status of the child:

1. Within thirty days after the disposition hearing if the court does not order reunification services.

2. Within six months after a child who is under three years of age is removed from the child's home.  The court shall not continue that permanency hearing beyond six months after the child who is under three years of age is removed from the child's home unless the party who is seeking the continuance shows that the determination prescribed in section 8-829, subsection A, paragraph 6 has been made or will be made within the time prescribed in that paragraph.

3. In all other cases, within twelve months after the child is removed from the child's home.  The court shall not continue the permanency hearing beyond twelve months after the child is removed from the child's home unless the party who is seeking the continuance shows that the determination prescribed in section 8-829, subsection A, paragraph 5 has been made or will be made within the time prescribed in that paragraph.

B. At the permanency hearing, the court shall determine:

1. Whether termination of parental rights, adoption, permanent guardianship pursuant to section 8-872 or some other permanent legal status is the most appropriate plan for the child and shall order the plan to be accomplished within a specified period of time.

2. Whether reasonable efforts have been made to finalize the permanency plan in effect.

3. 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.

C. If the court determines that the child should remain in out-of-home placement longer than eighteen 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.

D. If the court determines that the termination of parental rights is clearly in the best interests of the child, the court shall:

1. Order the department or the child's attorney or guardian ad litem to file within ten days after the permanency hearing a motion alleging one or more of the grounds prescribed in section 8-533 for termination of parental rights.  The party who files the motion has the burden of presenting evidence at the termination hearing to prove the allegations in the motion.

2. Set a date for an initial hearing on the motion for termination of parental rights within thirty days after the permanency hearing. If the termination is contested at the initial hearing, the court shall set a date for the trial on termination of parental rights within ninety days after the permanency hearing.

E. The department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

F. If the court determines that permanent guardianship is clearly in the best interests of the child, the court shall:

1. Order the department or the child's attorney or guardian ad litem to file within ten days after the permanency hearing a motion alleging the grounds prescribed in section 8-871 for permanent guardianship. The party who files the motion has the burden of presenting evidence at the hearing to prove the allegations in the motion.

2. Set a date for an initial hearing on the motion for permanent guardianship within thirty days after the permanency hearing. If the permanent guardianship is contested at the initial hearing, the court shall set a date for the trial on the permanent guardianship within ninety days after the permanency hearing.

G. Evidence considered by the court in making a decision pursuant to this section also shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.

H. If the court determines that termination of parental rights or permanent guardianship is clearly in the best interest of the child and the child has been placed in a prospective permanent placement, unless the action is required by federal law, state law or regulation, any action that is inconsistent with the case plan of severance and adoption, including removal of the child from that placement, may occur only by court order or if the prospective permanent placement requests the child's removal. If a motion to change the case plan or for removal of a child is filed, a copy of the motion must be provided to the prospective permanent placement at least fifteen days before a hearing on the motion. If the prospective permanent placement does not appear at a hearing on a motion for removal, the court may not take any action on the motion unless the court finds that good faith efforts were made to provide a copy of the motion to the prospective permanent placement.  The prospective permanent placement has the right to be heard in the proceeding. This right does not require that the prospective permanent placement be made a party to the proceeding solely on the basis of that right. This subsection does not apply to any removal pursuant to section 8-456 or 8-821.  If the child is an Indian child as defined pursuant to the Indian child welfare act (25 United States Code section 1903), the court and the parties must comply with all applicable requirements of that act. For the purposes of this subsection, a prospective permanent placement includes:

1. A grandparent or another member of the child's extended family including a person who has a significant relationship with the child.

2. 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.

I. This section does not prevent the department from presenting for the court's consideration a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child and who has not been identified as a prospective permanent placement for the child before the child's placement with a prospective permanent placement.
A.R.S. § 8-406 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 406
8-406 Probation modification, revocation disposition or termination proceedings
Status: in_force

8-406. Probation modification, revocation disposition or termination proceedings

A. The victim has the right to be present and be heard at any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or intensive probation of a delinquent who committed a delinquent act against the victim.

B. The victim has the right to be heard at any proceeding in which the court is requested to modify the terms of probation or intensive probation of a delinquent if the modification will substantially affect the delinquent's contact with or safety of the victim or if the modification involves restitution or incarceration status.
A.R.S. § 8-503.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 503.01
8-503.01 Children and family services training program fund; purposes; status report; exemption from lapsing
Status: in_force

8-503.01. Children and family services training program fund; purposes; status report; exemption from lapsing

A. The division shall establish a children and family services training program fund consisting of monies received pursuant to section 8-807. Subject to legislative appropriation, the fund monies shall be used to administer a children and family services training program for the training of child safety workers, public employees in related program services and employees of child welfare agencies and community treatment programs that, in the judgment of the director of the department, would benefit from staff training. The department shall not use fund monies to pay any portion of training program staff salaries and training program staff expenses. The department shall use monies only to reimburse the department for the labor, editing and copying charges related to that section.

B. The director shall include in the annual report a status report on and an evaluation of the children and family services training program.

C. Ninety percent of the monies collected under this section shall be deposited in the children and family services training program fund, not more than ten percent of which shall be used to enhance the collection of monies owed the department pursuant to section 8-243. The remaining ten percent of the monies collected shall be deposited in the state general fund.
A.R.S. § 8-264 — Arizona Code / Title 8 / Chapter 2 / Article 5 / Section 264
8-264 Participation by county; certification
Status: in_force

8-264. Participation by county; certification

A. A county may elect to participate in the family counseling programs by resolution of the county's board of supervisors. Such resolution shall be delivered to the supreme court on or before June 15. The supreme court shall then certify a list of counties which have elected to participate and shall inform those counties of the amounts of funding available to them.

B. The court shall certify that the amount expended by the county for purposes of determining matching funds has been utilized to supplement, not supplant, county or state funds that would otherwise be made available for family counseling services.

C. The court shall certify that the amount of aid provided by the state and county to a family counseling program pursuant to this article does not exceed seventy per cent of the program's annual operating budget.
A.R.S. § 8-548 — Arizona Code / Title 8 / Chapter 4 / Article 6 / Section 548
8-548 Enactment of compact; terms
Status: in_force

8-548. Enactment of compact; terms

The interstate compact on the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I. PURPOSE AND POLICY

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will be promoted.

ARTICLE II. DEFINITIONS

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or brought any child to another party state.

(c) "Receiving state" means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.

ARTICLE III. CONDITIONS FOR PLACEMENT

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) The name, date and place of birth of the child.

(2) The identity and address or addresses of the parents or legal guardian.

(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.

ARTICLE V. RETENTION OF JURISDICTION

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact, but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

1. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and

2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

ARTICLE VII. COMPACT ADMINISTRATOR

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE VIII. LIMITATIONS

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

ARTICLE IX. ENACTMENT AND WITHDRAWAL

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

ARTICLE X. CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
A.R.S. § 8-222 — Arizona Code / Title 8 / Chapter 2 / Article 2 / Section 222
8-222 Subpoenas; issuance
Status: in_force

8-222. Subpoenas; issuance

A. The clerk may issue subpoenas and any other process to compel the attendance of witnesses at a hearing involving a child.

B. The county attorney or attorney general who will present evidence at a hearing involving a juvenile who is accused of committing a delinquent or incorrigible act may issue subpoenas to compel the attendance of a witness at the hearing.

C. Any person may serve a subpoena issued pursuant to subsection B.
A.R.S. § 8-396 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 396
8-396 Notice of probation modification, termination or revocation disposition matters; notice of arrest
Status: in_force

8-396. Notice of probation modification, termination or revocation disposition matters; notice of arrest

A. On request of a victim who has provided an address or other contact information, the probation department shall notify the victim of any of the following:

1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of the delinquent who committed the delinquent act against the victim.

2. Any hearing on a proposed modification of the terms of probation or intensive probation.

3. The arrest of a delinquent pursuant to a warrant issued for a probation violation.

B. On request of a victim who has provided a current address or other current contact information, the probation department shall notify the victim of the following:

1. Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the delinquent's contact with or the safety of the victim.

2. The victim's right to be heard at a hearing that is set to consider any modification to be made to any term of probation.

3. Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.

4. That a petition to revoke probation alleging that the juvenile absconded from probation has been filed with the court.

5. Any conduct by the juvenile that raises a substantial concern for the victim's safety.

C. If a victim has requested postadjudication notice and probation is revoked and the juvenile is committed to the department of juvenile corrections, the probation department shall notify the department of juvenile corrections of the victim's request.

D. On request of the victim, the department of juvenile corrections shall notify the victim of any of the following:

1. Any proceeding in which the department may revoke the conditional liberty of the delinquent who committed the delinquent act against the victim.

2. A modification of the terms of conditional liberty only if the modification will substantially affect the delinquent's contact with the victim or the safety of the victim or if the modification affects restitution or secure care status.

3. The arrest of a delinquent pursuant to a warrant issued for a conditional liberty violation.
A.R.S. § 8-306 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 306
8-306 Supervision and inspection of juvenile detention center and shelter care facilities
Status: in_force

8-306. Supervision and inspection of juvenile detention center and shelter care facilities

A. The presiding judge of the juvenile court shall supervise the juvenile detention center and may appoint a person of good moral character to operate and manage the detention center.

B. The department of juvenile corrections shall inspect the detention centers of each county semiannually and within ten working days after each inspection shall make a written report to the presiding judge of the juvenile court of the condition and operation of the detention center, together with such recommendations as it deems advisable, and a copy of such report shall be filed with the county board of supervisors.
A.R.S. § 8-510 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 510
8-510 Acceptance of children by agency
Status: in_force

8-510. Acceptance of children by agency

A. A licensed child welfare agency may accept any child of a class, age and sex specified in its license, from the child's parent, guardian or relative, or a child which is lawfully committed thereto, and shall care for and control the child until discharged to its parent, relative or guardian, transferred to another child welfare agency or otherwise lawfully committed to another.

B. A licensed child welfare agency may assume the care, custody and guardianship of the person or estate of a child, or both, during the minority of the child, upon the order of a court having jurisdiction.
A.R.S. § 8-301 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 301
8-301 Commencement of proceedings
Status: in_force

8-301. Commencement of proceedings

A proceeding under this chapter may be commenced by one of the following procedures:

1. By transfer of a case from another court as provided in section 8-302.

2. By the filing of a petition by the county attorney.

3. For an offense other than a felony, by the referral of a uniform Arizona traffic ticket and complaint form.
A.R.S. § 8-518 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 518
8-518 Central registry; change of address; marital status
Status: in_force

8-518. Central registry; change of address; marital status

A. The division shall maintain a central registry of all licensed foster homes.

B. All foster home parents shall report any change of their address or marital status to the division and agency.
A.R.S. § 8-809 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 809
8-809 Parents' rights; information on website; rule changes
Status: in_force

8-809. Parents' rights; information on website; rule changes

A. The department shall provide on its website information on parents' rights pursuant to section 8-809.01 and other information to assist parents and guardians in understanding the process of removal of a child from the home.

B. The department shall provide on its home page a conspicuous link to the information prescribed in subsection A of this section.

C. The department shall publish on its website any final rule within ten days after the department files the final rule with the secretary of state.
A.R.S. § 8-120 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 120
8-120 Records; inspection; exception; destruction or transfer of certain records
Status: in_force

8-120. Records; inspection; exception; destruction or transfer of certain records

A. Except as provided in section 8-129, all files, records, reports and other papers compiled under this article, whether filed in or in possession of the court, an agency or any person or association, shall be withheld from public inspection.

B. Such files, records, reports and other papers may be open to inspection by persons and agencies having a legitimate interest in the case and their attorneys and by other persons and agencies having a legitimate interest in the protection, welfare or treatment of the child if so ordered by the court.

C. This section does not prohibit persons employed by the court, the division or an agency from conducting the investigations or performing other duties pursuant to this article within the normal course of their employment.

D. This section does not prohibit persons employed by the court, the division, an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 or an agency from providing 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.

E. Except for files that belong to an attorney, all files, records, reports and other papers not filed in or in the possession of the court shall not be destroyed until after a ninety-nine year period.  The files that belong to an attorney shall not be destroyed until after a seven-year period.

F. If an adoption agency ceases operations, the adoption agency shall do all of the following:

1. Transfer the documents described in subsection A of this section to the division or to another adoption agency in this state if the documents concern a matter that is closed.

2. Transfer the documents described in subsection A of this section to another adoption agency in this state if the documents concern a matter that is open.

3. Notify the division of the transfer of any documents to another adoption agency in this state pursuant to this subsection.

4. Notify all adoptive parents whose files it is transferring pursuant to this subsection of the transfer.
A.R.S. § 8-459 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 459
8-459 Community advisory committee; duties; membership
Status: in_force

8-459. Community advisory committee; duties; membership

A. The community advisory committee is established to provide a community forum:

1. To inform the department, analyze current law and policy and make recommendations to improve the ability of the department to increase the safety of children, respond to child maltreatment and ensure the well-being of and timely permanency for children who are referred to and involved in the child welfare system.

2. For collaboration among state, local, community, tribal, public and private stakeholders in child welfare programs and services that are administered by the department.

3. To improve communication between mandatory reporters and the department.

B. The committee consists of one representative of each of the following who is appointed by and serves at the pleasure of the director:

1. Child welfare agencies that directly provide contracted services to children and their families.

2. Child advocacy organizations that deal with child welfare system policy issues.

3. Current or former foster or adoptive parents.

4. Medical providers, with a preference for pediatricians, who have experience in diagnosing and treating injuries related to abuse and neglect.

5. Volunteers with the foster care review board or court appointed special advocate program.

6. Persons with an academic appointment to a state university who conduct research in child welfare services, child maltreatment or child abuse or neglect.

7. The courts.  The representative must be involved in child welfare issues.

8. A rural area in this state who has experience in the child welfare system.

9. A Native American tribe or nation who has experience in the child welfare system.

10. A child advocacy organization that advocates for or represents children who are victims of crime.

11. Persons who have experience with children with special needs and the child welfare system.

12. A law enforcement agency.  The representative must have experience with the department on cases that involve criminal conduct allegations.

13. Schools. The representative must have experience in the child welfare system.

14. A faith-based organization. The representative must have experience in the child welfare system.

C. Members of the committee are not eligible to receive compensation.

D. The committee shall meet at least quarterly and shall file a report of its activities and recommendations during each fiscal year with the director on or before August 15 following the fiscal year. The director shall post the report on the department's website.
A.R.S. § 8-527 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 527
8-527 Children in out-of-home care; noninterference with regular school activities
Status: in_force

8-527. Children in out-of-home care; noninterference with regular school activities

The agency, division and Arizona health care cost containment system administration in accordance with section 36-3435, subsection B shall make every reasonable effort to not remove a child who is placed in out-of-home care from school during regular school hours for appointments, visitations or activities not related to school.
A.R.S. § 8-422 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 422
8-422 Use of a facility dog in court proceedings; definition
Status: in_force

8-422. Use of a facility dog in court proceedings; definition

A. The court shall allow a victim who is under eighteen years of age to have a facility dog, if available, accompany the victim while testifying in court.  A party seeking the use of a facility dog must file a notice with the court that includes the certification of the facility dog, the name of the person or entity who certified the dog and evidence that the facility dog is insured.

B. The court may allow a victim who is eighteen years of age or more or a witness to use a facility dog.

C. To ensure that the presence of a facility dog assisting a victim or a witness does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by the victim or witness, the court shall instruct the jury on the role of the facility dog and that the facility dog is a trained animal.

D. For the purposes of this section, "facility dog" means a dog that is a graduate of an assistance dog organization that is a member of an organization or entity whose main purpose is to improve the areas of training, placement and utilization of assistance dogs, staff and volunteer education and to establish and promote standards of excellence in all areas of assistance dog acquisition, training and partnership.
A.R.S. § 8-119 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 119
8-119 Dismissal after death; exception
Status: in_force

8-119. Dismissal after death; exception

In the event of the death of the petitioner, the petition for adoption shall be dismissed, except where there are two petitioners and one of the petitioners dies the proceeding shall continue unless withdrawn by the surviving petitioner.
A.R.S. § 8-291.07 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.07
8-291.07 Mental health expert reports
Status: in_force

8-291.07. Mental health expert reports

A. A mental health expert shall submit a written report of the examination to the court within ten working days after the examination.  The mental health expert shall file the report with the clerk of the court.  The clerk shall seal and file the original report.  The mental health expert shall provide a copy of the report to the defense attorney for redaction. Within twenty-four hours after the defense attorney receives a copy of the report, the defense attorney shall provide copies of the redacted report to the state and the court.

B. The report shall include at least the following information:

1. The name of the mental health expert who examined the juvenile.

2. A description of the nature, content, extent and results of the examination and any test that was conducted.

3. The facts on which the findings are based.

4. An opinion as to the competency of the juvenile.

C. If the mental health expert determines that the juvenile is incompetent to stand trial, the report shall also include the following information:

1. The nature of any mental disease, defect or disability that is the cause of the juvenile’s incompetency.

2. The juvenile’s prognosis.

3. If the mental health expert believes that the juvenile may be restored to competency, what in the expert’s opinion is needed to restore the juvenile to competency and whether restoration can be accomplished in six months or less.

4. If the juvenile is currently receiving medication, how the medication might affect the juvenile in the process.

D. If the mental health expert determines that the juvenile is currently competent because of ongoing treatment with psychotropic medication, the report shall address the necessity of continuing that treatment and shall include a description of any limitations that the medication may have on competency.
A.R.S. § 8-460 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 460
8-460 Acquisition of lands and buildings; lease-purchase agreements; lease or sublease of lands or buildings
Status: in_force

8-460. Acquisition of lands and buildings; lease-purchase agreements; lease or sublease of lands or buildings

A. The director may acquire for and in the name of this state by gift, grant, lease, lease-purchase agreement or otherwise lands or buildings for the purpose of providing office space for the department at places the director finds necessary and suitable, but land or a building may not be acquired by purchase or lease-purchase without the prior approval of the joint committee on capital review and an appropriation of monies by the legislature for the acquisition.

B. Any lease-purchase agreement relating to land acquisition, capital projects, energy systems or energy management systems under this section shall provide that:

1. The obligation of this state to make any payment under the agreement is a current expense of the department, payable exclusively from appropriated monies, and is not a general obligation indebtedness of this state or the department.

2. If the legislature fails to appropriate monies or the department fails to allocate appropriated monies for any periodic payment or renewal term of the agreement, the agreement terminates at the end of the current term and this state and the department are relieved of any subsequent obligation under the agreement.

3. The agreement must be reviewed and approved by the attorney general and the director of the department of administration before the agreement may take effect.

4. The agreement must be reviewed and approved by the joint committee on capital review before the agreement takes effect.

C. The department may covenant to use its best efforts to budget, obtain, allocate and maintain sufficient appropriated monies to make payments under a lease-purchase agreement, but the agreement shall acknowledge that appropriating state monies is a legislative act and is beyond the control of the department or any other party to the agreement.

D. A lease-purchase agreement under this section shall be submitted to the following entities:

1. The attorney general to review for compliance with the constitution and laws of this state. If in the attorney general's opinion the agreement complies with the constitution and laws, the attorney general shall append the attorney general's certification to the agreement, return it to the department and transmit a copy to the joint committee on capital review.  On request by the director the attorney general may give other opinions relating to the agreement.

2. The director of the Arizona department of administration to review for compliance with the laws of this state.  If in the director's opinion the agreement complies with the laws of this state, the director shall append the director's certification to the agreement, return it to the department and transmit a copy to the joint committee on capital review.

E. A lease-purchase agreement under this section shall be reviewed and approved by the joint committee on capital review before the agreement takes effect.

F. The director may lease or sublease to others at fair rental value any land or building that is acquired pursuant to this section.  The director may lease or sublease any building that is acquired pursuant to this section on other terms or conditions if the lessee is a state entity or political subdivision of this state.  All net lease income must be credited to the department's occupancy appropriation.

G. A lease or sublease to others that is granted pursuant to subsection F of this section is exempt from section 41-2752 and is not subject to title 41, chapter 23. The director may prioritize lease or sublease tenants based on the needs of the department and in the public interest with preference given to the following in the order provided:

1. State entities.

2. Political subdivisions.

3. Community partners.

H. The department may pay or advance gross initial and routine lease and sublease related expenditures. The gross initial and routine expenditures that are paid or advanced must be reimbursed to the department before the net lease income is credited to the department's occupancy appropriation pursuant to subsection F of this section.
A.R.S. § 8-813 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 813
8-813 Preplacement investigation; medical examination; disposition
Status: in_force

8-813. Preplacement investigation; medical examination; disposition

A. On the initial out-of-home placement of a child:

1. The division or a licensed child welfare agency shall conduct an investigation of the child designed to establish an appropriate plan for placement of the child.

2. The child shall receive a complete medical examination.

3. The child may receive such further diagnosis and evaluation as are necessary.

B. The department shall develop policies and procedures with public input to allow the child to maintain contact by telephone, mail or visits with the child's parents, family members, friends and other relatives and any former foster parent, unless the court determines that the contact is not in the child's best interests.  Before the department allows contact it must determine that there are no court orders relating to any superior court criminal case that prohibit the parent or guardian from contact with the child.

C. Notwithstanding any law to the contrary, before a court orders counseling, testing or other treatment services, it shall first determine that the proposed services are necessary and appropriate.

D. Subsequent to initial placement, the child placed in a setting other than the child's parent's home shall have a medical examination at periodic intervals, not less than once each year.

E. Contagious and infectious diseases shall be treated immediately at the county hospital or other appropriate medical facility.

F. If the investigation and medical examination disclose no physical, mental or emotional reasons for special care, and the child is not found delinquent, the child may be placed in a regular foster home. If special care is required, or the child has been found delinquent, the child may be placed only in foster homes that are certified as special foster homes or such other appropriate facilities where children may be treated.
A.R.S. § 8-1173 — Arizona Code / Title 8 / Chapter 13 / Article 3 / Section 1173
8-1173 Procedures for the award of regional grants
Status: in_force

8-1173. Procedures for the award of regional grants

(Caution:  1998 Prop. 105 applies)

A. Upon approval of its regional funding plan by the board, each regional partnership council shall publicize the grants permitted by the plan in the community and encourage the submission of grant proposals from public and private entities in the region for programs to achieve the goals of the authorized grants.

B. Each regional partnership council shall review grant proposals for compliance with the requirements of section 8-1172 and shall select grantees to recommend to the board.

C. In addition to complying with the conflict of interest provisions of title 38, chapter 3, article 8, no regional partnership council member shall vote on, or participate in the discussion of, any grant proposal in which any entity by which they are employed or on whose board they serve has a substantial interest, as defined by section 38-502.

D. Each regional partnership council shall forward to the board all of the grant proposals it has received, along with its recommendations for which grants should be awarded and an explanation of how those grant proposals will comply with the approved regional funding plan.  Regional recommendations must be forwarded to the board no later than May 15 of each year, beginning in 2009.

E. The board shall have discretion to approve or reject a regional partnership council's recommendations, in whole or in part.  The board shall act on all regional grant proposals no later than June 15 of each year, beginning in 2009.

F. The board may, on a finding of good cause, approve the funding of grant proposals received from a council after the deadlines set forth in this section, including revised recommendations re-submitted in response to board action revising or rejecting a grant recommendation.

G. In evaluating direct program and grant program proposals, the regional partnership council and board must consider:

1. The extent to which the program will meet needs identified in the most regional and/or statewide needs and assets assessment.

2. The extent to which the program has made or will make use of other existing resources, including federal, state and private funds, to achieve its objectives.

3. The overall needs of the region and the state, as identified in the regional and statewide needs and assets assessments.

4. The adequacy of the means by which the applicant proposes to evaluate the success of the program.

5. The adequacy of the financial controls and accountability measures proposed by the applicant.
A.R.S. § 8-173 — Arizona Code / Title 8 / Chapter 1 / Article 4 / Section 173
8-173 Adoption assistance agreements; reciprocity conditions; violation; classification
Status: in_force

8-173. Adoption assistance agreements; reciprocity conditions; violation; classification

A. A child who resides in this state and who is the subject of an adoption assistance agreement with a state that has entered into a compact with this state is entitled to receive medical assistance from this state if the adoption assistance agreement provides categorical eligibility for federally funded medical assistance. This entitlement begins on the filing with the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with department rules, the adoptive parents shall show at least annually that the agreement with the other adoption assistance state is still in force or has been renewed.

B. The department and the Arizona health care cost containment system administration shall consider the holder of an adoption assistance agreement, as provided in subsection A of this section, as any other eligible medical assistance person under the laws of this state and shall make medical assistance payments pursuant to the same conditions and procedures for other recipients of medical assistance.

C. A person who knowingly submits a claim for payment or reimbursement for services or benefits pursuant to this section or who makes a statement in connection with a claim that is false, misleading or fraudulent is guilty of a class 6 felony.
A.R.S. § 8-132 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 132
8-132 Adoption agency information confidentiality; permissible disclosure; use; violation; classification; definitions
Status: in_force

8-132. Adoption agency information confidentiality; permissible disclosure; use; violation; classification; definitions

A. Unless otherwise provided by law and except as provided in subsection C or D of this section, all personal information concerning an individual who applies for or who receives an adoption agency license is confidential and may not be released, unless the release is ordered by the superior court or provided for by court rule. DCS information is confidential and may be released only as prescribed in section 8-807.

B. Adoption agency information is not confidential, except for both of the following:

1. Any DCS information in the licensing files.

2. The address of any facility where a foster child is placed, even if the address is also the corporate address of the adoption agency.

C. An employee of the department of child safety, the department of law or a court may obtain the information described in subsection A or B of this section in the performance of the employee's duties.

D. An employee of the department of child safety, the department of law or a court may release information that is otherwise confidential under this section under any of the following circumstances:

1. To an applicant or licensee if a request is made in writing specifically requesting information that directly relates to the person who requests the information.

2. In oral or written communications involving the provision of services or the referral to services between employees of, persons under contract with or persons holding a general employment relationship with the department of child safety, the department of law or the juvenile court.

3. If the disclosure is necessary to protect against a clear and substantial risk of imminent serious injury to a client of the department of child safety.

4. To an agency of the federal government, this state or another state or any political subdivision of this state for official purposes.  Information received by a governmental agency pursuant to this paragraph shall be maintained as confidential, unless the information is pertinent to a criminal prosecution.

5. To a foster parent or a parent certified to adopt, if the information is necessary to assist in the placement with or care of a child by the foster parent or person certified to adopt.

6. To an officer of the superior court, the department or an agency that is required to perform an investigation pursuant to section 8-105, if the information is pertinent to the investigation. Information received pursuant to this paragraph may be disclosed to the court, but shall otherwise be maintained as confidential.

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

F. For the purposes of this section:

1. "Adoption agency information" means all information in the licensing file of the department, including all information on corporate or other entity applicants or licensees and any licensing investigations.  Adoption agency information does not include personal information about individuals who apply for licensure to or who are licensed by the department as an adoption agency or other similar personal information contained in the licensing file of the department.

2. "DCS information" has the same meaning prescribed in section 8-807.

3. "Personal information" means information about an individual that is disclosed by the individual or by a third party on behalf of the individual to obtain or maintain a license. Personal information includes all of the following:

(a) The individual's identity, social security number, address and personal history.

(b) Financial, health or medical information about the individual.

(c) References for the individual.
A.R.S. § 8-401 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 401
8-401 Detention hearing
Status: in_force

8-401. Detention hearing

The victim has the right to be heard at the detention hearing of the person suspected of committing the delinquent act against the victim.
A.R.S. § 8-246 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 246
8-246 Jurisdiction; length of commitment; placement; assessment; definition
Status: in_force

8-246. Jurisdiction; length of commitment; placement; assessment; definition

A. When jurisdiction of a juvenile has been acquired by the juvenile court, the juvenile shall continue under the jurisdiction of the juvenile court until the juvenile attains eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, nineteen years of age, unless sooner discharged pursuant to law. From the time of commitment to the department of juvenile corrections, a juvenile shall be subject to the control of the department of juvenile corrections until the juvenile's discharge pursuant to section 41-2820.

B. Except pursuant to section 8-341, subsection I and section 8-344, and unless the court has retained jurisdiction over the person pursuant to section 8-202, subsection H:

1. The awarding of a juvenile shall not extend beyond the juvenile's eighteenth birthday.

2. Commitment to the department of juvenile corrections shall be until the juvenile attains eighteen years of age unless sooner discharged by the department of juvenile corrections.

C. The supreme court in cooperation with the department of juvenile corrections and other state agencies shall develop a common risk needs assessment instrument to be used for each juvenile who is adjudicated delinquent in the juvenile court. The juvenile court shall update the risk needs assessment on each subsequent adjudication, and the court shall use the risk needs assessment to determine the appropriate disposition of the juvenile. The supreme court in cooperation with the department of juvenile corrections shall develop guidelines to be used by juvenile court judges in determining those juveniles who should be committed to the department of juvenile corrections.

D. For the purposes of this section, "juvenile" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age.
A.R.S. § 8-507 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 507
8-507 Operation without license
Status: in_force

8-507. Operation without license

A. When the division has reason to believe that an agency or foster home is being conducted or maintained without a license, it shall make an investigation, and, if necessary, the division shall take action to prevent such continued operation.

B. If an agency provides treatment or permits restrictive behavior techniques to be used, the agency shall obtain a license issued by the department of health services pursuant to title 36, chapter 4 or a child welfare agency license issued pursuant to this article.

C. The superior court shall have jurisdiction to issue an injunction restraining the operation of a child welfare agency or foster home without a license.
A.R.S. § 8-458 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 458
8-458 Inspections bureau; monitoring and evaluation; quality assurance process
Status: in_force

8-458. Inspections bureau; monitoring and evaluation; quality assurance process

A. The director shall establish an inspections bureau to do both of the following:

1. Ensure that department policies and procedures are being followed by all staff in accordance with federal and state law.

2. Promptly notify the director of department actions that constitute a significant violation of policy or state or federal law.

B. The inspections bureau shall monitor specific programs and services and shall continuously improve the practices of the department.  Monitoring and evaluation:

1. May be by formal audits, various levels of inspections, program evaluation and any other quality assurance activity deemed appropriate by the director.

2. Must include suggestions for policy changes and evaluation of best practices and programming.

C. The inspections bureau shall issue a report that clearly states the justification for any proposed change in a standardized hotline assessment tool that is not a result of legislative action or an adopted administrative rule.  The inspections bureau shall submit this report to the joint legislative oversight committee on the department of child safety established by section 41-1292 at least thirty days before the proposed change in a standardized hotline assessment tool is implemented.

D. The department shall establish a quality assurance process and methodology by which data-based decisions are made. This process must include consistently measuring process outcomes and examining current practices through quality assurance activities. The department shall use this quality assurance data to establish appropriate programs and improve practices within the department.

E. If possible, the inspections bureau shall attempt to correct the problems at the immediate level by coaching, mentoring and teaching employees who are present during the inspection.

F. The inspections bureau shall have access to all records and information of the department necessary to carry out this section.
A.R.S. § 8-291.01 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.01
8-291.01 Effect of incompetency; request for examination
Status: in_force

8-291.01. Effect of incompetency; request for examination

A. A juvenile shall not participate in a delinquency, incorrigibility or criminal proceeding if the court determines that the juvenile is incompetent to proceed.

B. At any time after the filing of a petition for delinquency or incorrigibility or a petition that seeks to transfer a juvenile to adult court, a party may request in writing or the court on its own motion may order that the juvenile be examined to determine if the juvenile is competent.  The request shall state the facts in support of the request for a competency examination. The presence of a mental illness, defect or disability alone is not grounds for finding a juvenile incompetent. The court shall not order a juvenile who is under the jurisdiction of the juvenile court to participate in a treatment program for the restoration of competency unless the court made a prior finding of probable cause pursuant to rule 3(f), rules of procedure for the juvenile court.
A.R.S. § 8-801 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 801
8-801 Definitions
Status: in_force

8-801. Definitions

In this article and articles 9, 10, 11, 12, 13 and 14 of this chapter, unless the context otherwise requires:

1. "Child safety services" means a specialized child welfare program that is administered by the department as provided in this chapter and that investigates allegations of and seeks 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.

2. "Child safety worker" or "worker" means a person who has been selected by and trained under the requirements prescribed by the department and who assists in carrying out the provisions of this article.

3. "DCS information":

(a) 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.

(b) Does not include information that is contained in child welfare agency licensing records.

4. "In-home intervention" means a program of services provided pursuant to article 14 of this chapter while the child is still in the custody of the parent, guardian or custodian.

5. "Relative" has the same meaning prescribed in section 8-501.
A.R.S. § 8-262 — Arizona Code / Title 8 / Chapter 2 / Article 5 / Section 262
8-262 Establishing voluntary programs
Status: in_force

8-262. Establishing voluntary programs

Any county in this state may establish family counseling programs pursuant to this article. These programs shall be administered by the court and may be carried out by certified public and private agencies.
A.R.S. § 8-843 — Arizona Code / Title 8 / Chapter 4 / Article 10 / Section 843
8-843 Initial dependency hearing; rights
Status: in_force

8-843. Initial dependency hearing; rights

A. At any dependency hearing, the court's primary consideration shall be the protection of a child from abuse or neglect.

B. At the initial dependency hearing, the court shall ensure that the parent or guardian has been advised of the following rights:

1. The right to counsel, including appointed counsel if the parent or guardian is indigent.

2. The right to trial by the court on the allegations in the petition.

3. The right to cross-examine all witnesses that are called to testify against the parent or guardian.

4. The right to use the process of the court to compel the attendance of witnesses.

C. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection B of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.

D. If the parent or guardian denies the allegations in the petition, the court shall set the settlement conference, pretrial conference or mediation prescribed in section 8-844.

E. The court shall also determine if reasonable efforts were made to prevent or eliminate the need for removal of a child from the child's home and if services are available that would eliminate the need for continued removal. If the child is:

1. In the custody of the department, the court shall order the department to make reasonable efforts to provide services to the child and parent to facilitate the reunification of the family, except as provided in section 8-846.

2. Not in the custody of the department and the department is not a party, the court may direct the parties to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child. The court shall not require the department to provide services pursuant to this paragraph.

F. Notwithstanding any other provision of this section, the court may stay the proceedings and order in-home intervention as provided in article 14 of this chapter.
A.R.S. § 8-814 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 814
8-814 Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition
Status: in_force

8-814. Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition

A. The department shall establish and administer an ongoing program of subsidized permanent guardianship. Subsidies shall be provided from monies appropriated to the department or made available to it from other sources for permanent guardianship purposes.

B. The department may provide a subsidy to an applicant on behalf of a child subject to the requirements of this section.

C. The department shall determine the appropriate amount of the subsidy, which shall not exceed the maintenance payment allowable for an adoption subsidy pursuant to chapter 1, article 2 of this title. The amount of the subsidy shall be offset by benefits received from other state or federal programs to which the child is entitled.

D. The department shall conduct an annual review of a subsidy to determine that the permanent guardian continues to be eligible for the subsidy and that the subsidy is for the appropriate amount.

E. A permanent guardian who is receiving a subsidy shall:

1. Cooperate with the department in the annual review process.

2. Notify the department in writing of any change:

(a) That would lead to discontinuance of the subsidy pursuant to subsection F of this section.

(b) In benefits being received from other state or federal programs to which the child is entitled within two weeks of the change.

(c) In address within two weeks of the change.

F. The department shall discontinue a subsidy if any of the following occurs:

1. The permanent guardianship terminates.

2. The child dies or does not reside with the permanent guardian.

3. The child reaches eighteen years of age, except that the department may continue the subsidy until the child's twenty-second birthday if the child is enrolled in and regularly attending school and has not received a high school diploma or certificate of equivalency.

4. The applicant fails to comply with any requirement in this section.

G. Any decision denying, reducing or terminating a permanent guardianship subsidy is appealable pursuant to title 41, chapter 6 and chapter 14, article 3.

H. For the purposes of this section, "applicant" means a person who is appointed as a permanent guardian pursuant to section 8-872 or as a provisional or successor permanent guardian pursuant to section 8-874 and who applies for a subsidy pursuant to this section.
A.R.S. § 8-386.01 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 386.01
8-386.01 Issuance and execution of arrest warrants
Status: in_force

8-386.01. Issuance and execution of arrest warrants

A. On the issuance of an arrest warrant, the court issuing the warrant shall state in the warrant whether the person named in the warrant is to be arrested for or is to be charged with committing an offense to which this article applies or that is materially related to an offense to which this article applies.

B. On receipt of notice of an arrest or an impending arrest of a juvenile and if applicable pursuant to subsection A of this section, the agency that is responsible for holding the original warrant shall notify the law enforcement agency that was responsible for the original investigation of the offense of the impending detainment of the juvenile who is arrested on the law enforcement agency's warrant.

C. On receiving notice that the warrant was executed pursuant to subsection B of this section, the law enforcement agency that was responsible for the original investigation of the offense shall do all of the following if the victim has requested notice pursuant to section 8-386:

1. Notify the victim of the arrest and advise the victim that to exercise the right to be informed if the juvenile is released the victim must contact the detention center of the juvenile probation department immediately.

2. Inform the victim of the telephone number of the detention center in which the juvenile is detained.

3. Provide the detention center with the victim information pursuant to section 8-386 so that the detention center may notify the victim of the release or escape of the juvenile pursuant to section 8-393, if applicable.

D. A law enforcement agency is not required to provide victim information pursuant to section 8-386, subsections C and E to the custodial agency at the time a juvenile is detained unless the law enforcement agency that performs the warrant arrest is also the law enforcement agency that was responsible for the original investigation of the offense.

E. The victim's right to be informed of an arrest or a release pursuant to an executed warrant applies to warrants that are issued on or after September 1, 1996.

F. Law enforcement, courts and juvenile custodial agencies are not liable pursuant to section 8-393 for the failure to inform a victim of the arrest or release of a juvenile on warrants that were issued before September 1, 1996.
A.R.S. § 8-541 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 541
8-541 Records; disclosure; exception
Status: in_force

8-541. Records; disclosure; exception

A. All files, records, reports and other papers compiled in accord with this article, whether filed in or in possession of the court, a child placement agency or other agency or association, are subject to disclosure pursuant to sections 8-807 and 8-807.01.

B. This section does not prohibit persons employed by the court, the division or a licensed child welfare agency from conducting the investigations or performing other duties pursuant to this article and done within the normal course of their employment.
A.R.S. § 8-398 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 398
8-398 Request for notice; forms; notice system
Status: in_force

8-398. Request for notice; forms; notice system

A. The victim shall provide to and maintain with the law enforcement agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency. The form shall include a telephone number and address. If the victim fails to keep the victim's telephone number and address current, the victim's request for notice is withdrawn. At any time the victim may request notice of subsequent proceedings by filing on a request form provided by the agency the victim's current telephone number and address.

B. All notices provided to a victim pursuant to this article shall be on forms developed or reviewed by the attorney general.

C. The court and all agencies that are responsible for providing notice to the victim shall establish and maintain a system for the receipt of victim requests for notice.
A.R.S. § 8-105.02 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 105.02
8-105.02 Adoption by foster parents; removal of child
Status: in_force

8-105.02. Adoption by foster parents; removal of child

The division shall not remove a child from the child's foster parents for the sole reason that the foster parents have applied to adopt the child.
A.R.S. § 8-325 — Arizona Code / Title 8 / Chapter 3 / Article 2 / Section 325
8-325 Appeal from an order of a juvenile hearing officer; procedures
Status: in_force

8-325. Appeal from an order of a juvenile hearing officer; procedures

A. An appeal from an order entered by the juvenile hearing officer is perfected by filing a notice of appeal.

B. Immediately after an order of disposition the juvenile hearing officer shall advise the juvenile that a right to appeal exists, the applicable time limit and the location and manner of filing the notice of appeal.

C. A juvenile shall file the written notice of appeal with the court issuing the order within ten days after the date on which the juvenile hearing officer delivered or mailed to the juvenile a copy of the court's disposition of the case and the notice of the right to appeal.

D. An appeal shall be on the record if a record has been made. The juvenile court may review the condition of the record. If the juvenile court determines that the record is insufficient or not in proper condition to enable the court to determine the issues on appeal, a trial de novo shall be granted.

E. The appeal of an order of a juvenile hearing officer to the juvenile court shall be processed pursuant to the rules of procedure in civil traffic violation cases.
A.R.S. § 8-136 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 136
8-136 Prospective adoptive parent's blindness; certification; grant of adoption; burden of proof; specific written findings; definitions
Status: in_force

8-136. Prospective adoptive parent's blindness; certification; grant of adoption; burden of proof; specific written findings; definitions

A. A court may not refuse to do either of the following:

1. Certify a prospective adoptive parent as acceptable to adopt children based on the prospective adoptive parent's blindness, if the prospective adoptive parent is otherwise acceptable to adopt children.

2. Grant an adoption to a potential adoptive parent based on the prospective adoptive parent's blindness, if the adoption is determined to be otherwise in the best interests of the child.

B. If a prospective adoptive parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the prospective adoptive parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.

C. If the court denies or limits the grant of the adoption to the prospective adoptive parent, the court shall make specific written findings that state the basis of the denial or limitation.

D. For the purposes of this section:

1. "Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
A.R.S. § 8-805 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 805
8-805 Immunity of participants; nonprivileged communications
Status: in_force

8-805. Immunity of participants; nonprivileged communications

A. Any person making a complaint, or 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.

B. Except as provided in subsection C of this section, the physician-patient privilege, husband-wife privilege, or any privilege except the attorney-client privilege, provided for by professions such as the practice of social work or nursing covered by law or a code of ethics regarding practitioner-client confidences, both as they relate to the competency of the witness and to the exclusion of confidential communications, shall not pertain in any civil or criminal litigation in which a child's neglect, dependency, abuse or abandonment is in issue nor in any judicial proceeding resulting from a report submitted pursuant to this article.

C. In any civil or criminal litigation in which a child's neglect, dependency, abuse or abandonment is an issue, a clergyman or priest shall not, without his consent be examined as a witness concerning any confession made to him in his role as a clergyman or a priest in the course of the discipline enjoined by the church to which he belongs.
A.R.S. § 8-326 — Arizona Code / Title 8 / Chapter 3 / Article 2 / Section 326
8-326 County attorney
Status: in_force

8-326. County attorney

A. The county attorney shall:

1. Direct the investigation the county attorney deems necessary of acts of alleged delinquent behavior.

2. File petitions alleging delinquent behavior with the juvenile court as the county attorney deems necessary in the public interest.

3. Except pursuant to section 8-323, attend the juvenile court within the county attorney's county and conduct on behalf of the state all contested hearings that involve allegations of delinquent acts or incorrigibility.

B. The county attorney may establish and administer the activities of community based alternative programs.
A.R.S. § 8-514.04 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514.04
8-514.04 Kinship care program; requirements
Status: in_force

8-514.04. Kinship care program; requirements

A. The kinship care program is established in the department.  The program shall:

1. Streamline, expedite and coordinate existing services and referrals.

2. Preserve families.

3. Meet the protection, developmental, cultural and permanency needs of children.

4. Enable families to sustain support for a child who cannot live with the child's parents.

5. Promote the best interests of the child.

B. The department shall adopt rules to prescribe application and eligibility requirements that provide an expedited process for kinship care families to receive child only temporary assistance for needy families.

C. The department shall use existing measures for outreach and marketing in order to facilitate community awareness regarding the program.

D. The department of economic security shall submit an amendment to modify the temporary assistance for needy families state plan to the United States department of health and human services. The amendment shall waive the face-to-face requirement for relative caregivers applying for temporary assistance for needy families, for a child only case.

E. Any kinship care family that applies for or receives cash assistance under this section on behalf of a dependent child who is under eighteen years of age shall conform to the requirements established pursuant to sections 46-292 and 46-295 and department of economic security rule unless the requirements have been modified pursuant to this section.

F. The department shall keep confidential information it obtains pursuant to this section.
A.R.S. § 8-544 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 544
8-544 Termination decrees of other states
Status: in_force

8-544. Termination decrees of other states

When the relationship of parent and child has been terminated by judicial decree in another state, such decree shall have the same force and effect as to matters within the jurisdiction of this state as though it had been granted by a court of this state.
A.R.S. § 8-161 — Arizona Code / Title 8 / Chapter 1 / Article 3 / Section 161
8-161 Definitions
Status: in_force

8-161. Definitions

In this article, unless the context otherwise requires:

1. "Application" means the completion of the department application form with documentation of the child's special needs and nonrecurring expenses related to the adoption.

2. "Child" means a person who is under the age of eighteen years and who is adopted in this state or placed for adoption from this state.

3. "Nonrecurring adoption expenses" means reasonable and necessary adoption fees, court costs, attorney fees and expenses which are directly related to the legal process of adoption of a child with special needs including costs relating to the adoption study, health and psychological examinations, supervision of the placement before the adoption, transportation and reasonable costs of lodging and food for the child or adoptive parents which are incurred to complete the adoption process, meet federal requirements and are not reimbursed by other sources.

4. "Special needs" has the same meaning as provided in section 8-141.
A.R.S. § 8-350.01 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 350.01
8-350.01 Youth sex offenders; treatment; definition
Status: in_force

8-350.01. Youth sex offenders; treatment; definition

A. If the court or the adult or juvenile probation department places a sex offender in a sex offender treatment program, the treatment provider or, if the treatment is provided by the state department of corrections or the department of juvenile corrections, the state department of corrections or the department of juvenile corrections shall place the offender in a treatment program with similar offenders of a similar age and developmental maturity level, if group treatment is prescribed by the treatment provider.

B. A mental health treatment program that a sex offender is required to participate in by a court, an adult or juvenile probation department, the state department of corrections or the department of juvenile corrections:

1. Shall comply with the professional code of ethics from the association for the treatment of sexual abusers.

2. Shall not include the use of images that are in violation of title 13, chapters 35 and 35.1.

C. For the purposes of this section, "sex offender" means a person who is twenty-one years of age or younger who is adjudicated delinquent for or convicted of an offense that involves a violation of title 13, chapter 14 or 35.1 and that does not involve the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
A.R.S. § 8-1151 — Arizona Code / Title 8 / Chapter 13 / Article 1 / Section 1151
8-1151 Findings and declarations
Status: in_force

8-1151. Findings and declarations

(Caution:  1998 Prop. 105 applies)

A. The people of Arizona find that:

1. Early learning experiences directly impact a child's long-term educational success.  Research shows that that the majority of a child's brain structure is formed before age three and that the years between birth and kindergarten are when children develop many of their language skills, thought processes, self-confidence, discipline and values.

2. Health, vision and dental screenings that detect children's health problems early enable them to receive the care they need to grow and thrive.

3. Children entering school who have had high-quality early childhood developmental experiences, inside the home or in other settings of their parents' choice, are better able to succeed academically and have greater opportunities.

4. All Arizonans benefit from providing early childhood development opportunities for our children.  For children, such efforts give them a healthy start and an opportunity to succeed.  For parents, the availability and affordability of quality early childhood development programs helps them retain jobs and earn higher incomes.  For taxpayers, early development programs save tax dollars by lowering drop-out rates, reducing crime and cutting the cost of social services.

5. All Arizona children should begin school with the skills they need for long-term educational and personal success.

6. For these reasons, the people of Arizona find that providing dedicated funding to improve the quality, accessibility and affordability of early childhood development opportunities in the setting of the parents' choice should be one of the state's top priorities.

B. The people of Arizona therefore declare our intent to provide the necessary coordination and funding for early childhood development and health programs in Arizona that will:

1. Work with parents, community leaders, local governments, public and private entities and faith-based groups to improve the quality of and increase access to early childhood development programs in communities throughout the state.

2. Increase access to preventive health programs and health screenings.

3. Offer parents and families support and education about early child development and literacy.

4. Recognize the diversity of Arizona communities and give them a voice in identifying programs to address their particular needs.

5. Provide training and support to early childhood development providers.

6. Be subject to accountability and audit requirements, including requirements that the success of the board and regional partnerships, as well as the programs they undertake and fund, be measured by outcomes for children and families.
A.R.S. § 8-1163 — Arizona Code / Title 8 / Chapter 13 / Article 2 / Section 1163
8-1163 Staff support for regional partnership councils
Status: in_force

8-1163. Staff support for regional partnership councils

(Caution:  1998 Prop. 105 applies)

A. The executive director of the board shall hire regional directors to provide support to regional partnership councils in meeting their responsibilities.

B. With the approval of the board, the executive director may also hire additional regional staff to support the regional partnership councils.

C. A regional director may be responsible for more than one region and a region may be assigned more than one staff person in addition to its director.
A.R.S. § 8-236 — Arizona Code / Title 8 / Chapter 2 / Article 3 / Section 236
8-236 Cooperation
Status: in_force

8-236. Cooperation

A. Every public official and department shall render all assistance and cooperation within the official's or department's jurisdictional power which may further the objects of this chapter. An institution or agency to which the juvenile court awards a juvenile shall give the court, an officer appointed by the court or the county attorney any information concerning the juvenile as the court, the officer or the county attorney may require.

B. The juvenile court or the county attorney may seek the cooperation of organizations whose object is to protect or aid children and family life. The juvenile court or the county attorney in each county may establish, or assist in the establishment of, any other public council or committee having as its object the prevention of juvenile delinquency, including community based alternative programs. The juvenile court or county attorney may cooperate with, or participate in, the work of any council or committee for the purpose of preventing or decreasing juvenile delinquency, including improving recreational, health and other conditions in the community affecting juvenile welfare.
A.R.S. § 8-141 — Arizona Code / Title 8 / Chapter 1 / Article 2 / Section 141
8-141 Definitions; exception
Status: in_force

8-141. Definitions; exception

A. In this article, unless the context otherwise requires:

1. "Adoption subsidy" means a grant that is provided to a child with special needs and that has been applied for through the department.

2. "Agency" means the department or a child welfare agency that is authorized in its license issued by the department to place or care for children in foster care.

3. "Application" means the completion of the department application form with documentation of the child's special needs.

4. "Child" means any person who is under the age of eighteen years, who is legally free for adoption and who otherwise may not be adopted because the person has special needs.

5. "Developmental disability" has the same meaning as provided in section 36-551.

6. "Emotional disturbance" means a condition which impedes the child's ordinary developmental progress as defined by accepted psychiatric or psychological standards and as diagnosed by one or more psychiatrists or psychologists approved by the department.

7. "Emotional ties" includes:

(a) Identification of the child as a member of the foster family.

(b) Identification by the foster family of the child as belonging to that family.

(c) The likelihood that the child will not establish significant emotional ties to another family if he is denied permanent placement with the foster family.

8. "High risk of physical or mental disease" means a potentially debilitating condition as defined by accepted standards of the health service profession and as certified by one or more health service providers approved by the department.

9. "High risk of severe emotional disturbance if removed from the care of his foster parents" means the development of significant emotional ties to the foster family as documented by the child's case manager and as diagnosed by a psychiatrist or psychologist approved by the department.

10. "Mental disability" means a lifelong condition which is characterized by impaired intellectual development and impedes the ability to function independently as defined by accepted national standards and as certified by a psychologist, physician or child development specialist approved by the department.

11. "Physical disability" means one of the following conditions:

(a) A chronically debilitating, progressive or fatal disease which requires assistance for the child in activities of daily living.

(b) The requirement of assistance of another person or mechanical device for movement from place to place.

12. "Racial or ethnic factors" means Black, Hispanic, Native American, Asian or other heritage which may prevent a child from being adopted by a family of similar racial or ethnic origin.

13. "Special needs" means one or more of the following conditions which existed before the finalization of adoption:

(a) Physical, mental or developmental disability.

(b) Emotional disturbance.

(c) High risk of physical or mental disease.

(d) High risk of developmental disability.

(e) Age of six or more years at the time of application for an adoption subsidy.

(f) Sibling relationship.

(g) Racial or ethnic factors.

(h) High risk of severe emotional disturbance if removed from the care of his foster parents or permanent guardian.

(i) Any combination of the special needs described in this paragraph.

B. The condition described in subsection A, paragraph 13, subdivision (h), is not a special need unless the foster care or permanent guardian relationship existed before the adoption placement was made.
A.R.S. § 8-821 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 821
8-821 Taking into temporary custody; medical examination; forensic interview; placement; interference; violation; classification; definition
Status: in_force

8-821. Taking into temporary custody; medical examination; forensic interview; placement; interference; violation; classification; definition

A. A child shall be taken into temporary custody only pursuant to one of the following:

1. An order of the superior court.

2. Subsection E of this section.

3. The consent of the child's parent or guardian.

B. The superior court, on a dependency petition filed by an interested person, a peace officer, a child welfare investigator or a child safety worker under oath or on a sworn statement or testimony by a peace officer, a child welfare investigator or a child safety worker, may issue an order authorizing the department to take temporary custody of a child on finding that probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect and it is contrary to the child's welfare to remain in the home.

C. If a child is taken into temporary custody pursuant to this section, the child's sibling shall also be taken into temporary custody only if independent probable cause exists to believe that temporary custody is clearly necessary to protect the child from suffering abuse or neglect.

D. If a child is taken into temporary custody pursuant to this section, the court shall order the department to initiate a due diligence search pursuant to section 8-514.07.

E. A child may be taken into temporary custody without a court order by a peace officer, a child welfare investigator or a child safety worker if temporary custody is clearly necessary to protect the child because exigent circumstances exist.

F. In determining if a child should be taken into temporary custody, the court, peace officer, child welfare investigator or child safety worker shall take into consideration as a paramount concern the child's health and safety.

G. A person who takes a child into custody because an exigent circumstance described in subsection L, paragraph 2 of this section exists shall immediately have the child forensically interviewed by a person who is trained in forensic interviewing pursuant to a protocol established pursuant to section 8-817 and may have the child examined by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in evaluations of child abuse. After the interview or examination, or both, the person shall release the child to the custody of the parent or guardian of the child unless the interview or examination reveals abuse. Temporary custody of a child taken into custody because an exigent circumstance described in subsection L, paragraph 2 of this section exists shall not exceed twelve hours.

H. A child who is taken into temporary custody pursuant to this article shall not be held in a police station, jail or lockup where adults or juveniles who are charged with or convicted of a crime are detained.

I. A child shall not remain in temporary custody for more than seventy-two hours excluding Saturdays, Sundays and holidays unless a dependency petition is filed.

J. To execute an order authorizing temporary custody, a peace officer may use reasonable force to enter any building in which the person named in the removal authorization is or is reasonably believed to be.

K. A person who knowingly interferes with the taking of a child into temporary custody under this section is guilty of a class 2 misdemeanor.

L. For the purposes of this section, "exigent circumstances" means there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and either of the following is true:

1. There is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child's health or safety.

2. Probable cause exists to believe that the child is a victim of sexual abuse or abuse involving serious physical injury that can be diagnosed only by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a health care provider who is licensed pursuant to title 32 and who has specific training in evaluations of child abuse.
A.R.S. § 8-102 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 102
8-102 Who may be adopted
Status: in_force

8-102. Who may be adopted

A. Except as provided in title 14, chapter 8 and subsection B of this section, only a child, or a foreign-born person who is twenty-one years of age or less and who is not an illegal alien, who is present within this state at the time the petition for adoption is filed may be adopted.

B. A dependent child is not required to be present in this state at the time the petition for adoption is filed if the criteria prescribed in section 8-103, subsection B are met.
A.R.S. § 8-400 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 400
8-400 Proceedings; right to be present
Status: in_force

8-400. Proceedings; right to be present

The victim has the right to be present throughout all court hearings in which the accused or delinquent has the right to be present.
A.R.S. § 8-525 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 525
8-525 Open court proceedings; closure; records
Status: in_force

8-525. Open court proceedings; closure; records

A. Except as otherwise provided pursuant to this section and section 8-537, court proceedings relating to dependent children, permanent guardianship and termination of parental rights are open to the public.

B. At the first hearing in any dependency, permanent guardianship or termination of parental rights proceeding, the court shall ask the parties if there are any reasons the proceeding should be closed. For good cause shown, the court may order any proceeding to be closed to the public except as provided in section 8-537. In considering whether to close the proceeding to the public, the court shall consider:

1. Whether doing so is in the child's best interests.

2. Whether an open proceeding would endanger the child's physical or emotional well-being or the safety of any other person.

3. The privacy rights of the child, the child's siblings, parents, guardians and caregivers and any other person whose privacy rights the court determines need protection.

4. Whether all parties have agreed to allow the proceeding to be open.

5. If the child is at least twelve years of age and a party to the proceeding, the child's wishes.

6. Whether an open proceeding could cause specific material harm to a criminal investigation or prosecution.

C. Subject to the requirements of subsection B of this section and section 8-807.01, a court proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality is open to the public.

D. At the beginning of a hearing that is open to the public, the court shall do the following:

1. Admonish all attendees that they are prohibited from disclosing any information that may identify the child and the child's siblings, parents, guardians and caregivers, and any other person whose identity will be disclosed during the proceeding.

2. Explain contempt of court to all attendees and the possible consequences of violating an order of the court.

E. A person who remains in the court after the admonition pursuant to subsection D of this section must abide by the court's order prohibiting disclosure of that information. The court may find a person who fails to do so in contempt of court.

F. The court may close an open proceeding at any time for good cause shown and after considering the factors prescribed in subsection B of this section.

G. If the court closes a proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality, any person may subsequently request that the court reopen a proceeding or a specific hearing to the public or request a transcript be made of any previously closed proceeding. In ruling on this request, the court shall consider the factors prescribed in subsection B of this section. The person who requested the transcript shall pay the cost of the transcript. If the court grants a request for a transcript of any closed proceeding, the court shall redact from a transcript any information that:

1. Protects the privacy, well-being or safety interests prescribed in subsection B of this section.

2. Protects the identity and safety of a person who reports child abuse or neglect and any other person if the court believes that disclosure of the DCS information would be likely to endanger the life or safety of any person.

3. The court has received that is confidential by law. The court shall maintain the confidentiality of the information as prescribed in the applicable law.

H. Any person may request to inspect court records of a proceeding involving the disclosure of DCS information regarding a case of child abuse, abandonment or neglect that has resulted in a fatality or near fatality. In ruling on this request, the court shall consider the factors prescribed in subsection B of this section. If the court grants the request, the court shall redact any information subject to the requirements of subsections B and G of this section and section 8-807.01.
A.R.S. § 8-537 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 537
8-537 Termination adjudication hearing
Status: in_force

8-537. Termination adjudication hearing

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

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

C. If a parent does not appear at the pretrial conference, status conference or termination adjudication hearing, the court, after determining that the parent has been instructed as provided in section 8-535, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.
A.R.S. § 8-1184 — Arizona Code / Title 8 / Chapter 13 / Article 4 / Section 1184
8-1184 Budget and funding process
Status: in_force

8-1184. Budget and funding process

(Caution:  1998 Prop. 105 applies)

A. Upon receipt and approval of the regional partnership councils' needs and assets assessments pursuant to section 8-1161, the board shall begin its annual budgeting process.

B. Beginning in 2008, on or before November 1 of each year the board shall hold a public hearing to adopt a budget for the next fiscal year that includes:

1. Receipts during the past fiscal year and current fiscal year to date.

2. Expenditures during the past fiscal year and current fiscal year to date.

3. Estimates of amounts necessary for expenses during the next fiscal year including amounts proposed for:

(a) Funding of regional plans pursuant to sections 8-1161 and 8-1173.

(b) Statewide grants pursuant to section 8-1192.

(c) Statewide and regional programmatic and educational activities of the board pursuant to sections 8-1192 and 8-1161.

(d) Administrative costs of the board and the regional partnership councils.

(e) Expenditure of funds from federal, state, or local grants and/or private gifts, if any.

4. Anticipated revenue to the board from each source available for expenditure in the next fiscal year.

5. A complete asset and liability statement.

6. Cash on hand as of the date the budget is adopted and the anticipated balance at the end of the current fiscal year.

7. An itemized statement of commitments, reserves and anticipated obligations for the next fiscal year.

C. The board may amend the budget on a finding of good cause.
A.R.S. § 8-265 — Arizona Code / Title 8 / Chapter 2 / Article 5 / Section 265
8-265 County's share of matching funds; appropriation by legislature
Status: in_force

8-265. County's share of matching funds; appropriation by legislature

A. A county's share of the matching funds may be provided by such county in cash or an amount not in excess of twenty-five per cent of such share may be credited for other expenditures of the county in similar counseling services. A county providing matching funds for a federal program for similar services shall be given credit as contributing cash under this subsection in an equal amount for purposes of matching funds for state programs. The amount of such credit to be allowed shall be determined by the court.

B. The legislature shall annually appropriate to the supreme court an amount sufficient to carry out the state's obligation pursuant to this article and shall specify the maximum amount payable to each participating county which shall include a basic amount of money made available in equal amounts to each participating county and the remainder of the appropriation to be made available to each participating county based upon the percentage that each such county's juvenile population is to the total juvenile population of the participating counties.
A.R.S. § 8-307 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 307
8-307 Delinquency hearings; required attendance of cited child; referring to youth service bureau; notification of parents
Status: in_force

8-307. Delinquency hearings; required attendance of cited child; referring to youth service bureau; notification of parents

A. Notwithstanding any other provision of law to the contrary, any child, ten years of age or older, against whom a complaint has been filed citing the commission of a delinquent act shall appear at the juvenile court at a time certain set by the juvenile court. When the offense alleged is a misdemeanor other than assault or battery and is the child's first offense according to juvenile court records, the juvenile court may, in its sole discretion, refer the child to a youth service bureau or similar counseling program or make the complaint a matter of record in lieu of the child appearing at the juvenile court.

B. The law enforcement agency making the complaint shall immediately notify the parents, guardian or custodian of the child that the complaint is being sent to the juvenile court. Failure to make such notification shall not bar any proceeding in any court.
A.R.S. § 8-291.10 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.10
8-291.10 Reports; hearings
Status: in_force

8-291.10. Reports; hearings

A. The mental health expert who consults with the restoration program shall submit a written report to the court before any hearing that is held pursuant to this section.  The clerk of the court shall seal and file the original report.  The mental health expert shall provide a copy of the report to the defense attorney for redaction.  Within twenty-four hours after receiving a copy of the report, the defense attorney shall provide copies of the redacted report to the state and the court.  A report shall be filed as follows:

1. Every sixty days.

2. Whenever the mental health expert believes the juvenile is competent to proceed.

3. Whenever the mental health expert believes that there is no substantial probability that the juvenile will regain competency before the expiration of the order for participation in a competency restoration program.

4. Fourteen days before the expiration of the maximum term of the restoration order.

B. The report shall include the mental health expert's findings and the information required under section 8-291.07. If the report states that the juvenile remains incompetent, the report shall state the likelihood that the juvenile will regain competency, an estimated time period for the restoration of competency and recommendations for program modification, if necessary. If the report states that the juvenile has regained competency, the report shall state the effect, if any, of any limitations that are imposed by any medications used in the effort to restore the juvenile’s competency.

C. The court may hold a hearing regarding a juvenile's progress toward competency on the request of the prosecutor, the defense attorney or the guardian ad litem.

D. Except as provided in subsection C of this section, the court shall hold a hearing to determine the juvenile’s progress towards regaining competency as follows:

1. On the court’s own motion.

2. On receipt of a report that is submitted by the restoration program pursuant to subsection A of this section.

3. Not less than three months before the juvenile’s eighteenth birthday.

E. If at the hearing conducted pursuant to subsection D of this section the court finds that the juvenile has regained competency, the juvenile shall be returned to the juvenile court and the proceedings against the juvenile shall continue in juvenile court without delay.

F. If at a hearing based on a report that is filed pursuant to subsection A, paragraph 4 of this section the juvenile court finds that the juvenile has not been restored to competency but that the juvenile has made substantial progress toward restoration to competency, the court may extend the restoration program period for an additional sixty days for good cause if the court determines by clear and convincing evidence that further participation will lead to restoration to competency.

G. If at a hearing that is held pursuant to subsection D, paragraph 3 of this section the court finds that the juvenile is not restored to competency and is not restorable within the time left before the juvenile’s eighteenth birthday, the court shall dismiss the charges with prejudice if the offense is a misdemeanor, may dismiss the charges with prejudice if the offense is not an offense listed in section 13-501, subsection A or B or shall dismiss the charges without prejudice if the offense is an offense listed in section 13-501, subsection A or B.

H. If at a hearing that is held pursuant to subsection C or subsection D, paragraph 1 or 2 of this section the court finds that the juvenile is incompetent to proceed and that there is not a substantial probability that the juvenile will regain competency within two hundred forty days after the date of the original finding of incompetency, the court shall dismiss the charges with prejudice and shall initiate civil commitment proceedings, if appropriate.  The court shall order the guardian ad litem to proceed with a dependency investigation.
A.R.S. § 8-116.01 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 116.01
8-116.01 Agreements regarding communications
Status: in_force

8-116.01. Agreements regarding communications

A. The parties to a proceeding under this chapter may enter into an agreement regarding communication with a child adoptee, the adoptive parents and a birth parent.

B. An agreement is not enforceable unless the agreement is in writing and is approved by the court. 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.

C. An agreement entered into pursuant to this section shall state that the adoptive parent may terminate contact between the birth parent and the adoptive child at any time if the adoptive parent believes that this contact is not in the child's best interests.

D. The court shall not approve the agreement unless the court finds that the communication between the child adoptee, 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 twelve years of age.

E. An agreement entered into pursuant to this section is enforceable even if it does not disclose the identity of the parties to the agreement.

F. Failure to comply with an agreement that has been approved pursuant to this section is not grounds for setting aside an adoption decree or for revocation of a written consent to an adoption decree or relinquishment of parental rights.

G. 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.

H. The court may order a modification of an agreement approved pursuant to this section if it finds that the modification is necessary to serve the best interests of the child adoptee and one of the following is true:

1. The modification is agreed to by the adoptive parents.

2. Exceptional circumstances have arisen since the agreement was approved that justify modification of the agreement.

I. The court may consider the wishes of a child who is at least twelve years of age in determining whether to order a modification pursuant to subsection H.

J. Every agreement entered into pursuant to this section 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 an agreement approved pursuant to this section is not grounds for setting aside an adoption decree or for revocation of a written consent to an adoption decree or relinquishment of parental rights.
A.R.S. § 8-509.02 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 509.02
8-509.02 Licensed foster homes; minimum number required; annual report; definition
Status: in_force

8-509.02. Licensed foster homes; minimum number required; annual report; definition

A. The department shall establish the minimum number of licensed foster homes that are required throughout this state and within regions that are designated by the department. The minimum number of available licensed foster homes shall be sufficient to place a child in a licensed foster home that best meets the needs of the foster child.  The department shall determine the minimum number of licensed foster homes needed. The department may use an estimator tool to calculate the minimum number of licensed foster homes in each designated region. The department shall estimate annually the minimum number of licensed foster homes, which shall be effective at the beginning of each fiscal year. The department may not reduce the minimum number of licensed foster homes until the estimate for the next fiscal year.

B. The department shall categorize the minimum number of licensed foster homes needed pursuant to subsection A of this section into categories of need, including the following categories of foster children who:

1. Have developmental disabilities.

2. Have behavioral or emotional needs.

3. Have medically complex conditions.

4. Are over thirteen years of age.

5. Are part of a sibling group of three or more foster children.

C. The department, in consultation with national experts, shall design and begin a campaign to recruit at least the minimum number of licensed foster homes required in each designated region. The department shall report progress toward maintaining or exceeding the minimum number of licensed foster homes pursuant to section 8-526.

D. On or before December 31 of each year, the department shall report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative oversight committee on the department of child safety.  The report must contain the following:

1. Progress toward achieving the minimum number of licensed foster homes.

2. Obstacles preventing the department from obtaining the minimum number of licensed foster homes.

3. Solutions for recruiting and maintaining the minimum number of licensed foster homes.

E. This section does not limit the department's ability to place a child in a kinship foster care setting.

F. For the purposes of this section, "medically complex condition" means a chronic physical or developmental condition that the department has determined a child has or is at risk of having and that requires health-related services beyond the health-related services that are required by a child in general.
A.R.S. § 8-530.09 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.09
8-530.09 DCS caseworker; school visit; identification requirement
Status: in_force

8-530.09. DCS caseworker; school visit; identification requirement

A. When a department caseworker visits a child at the child's school for the purpose of an interview, the caseworker shall present the caseworker's department of child safety identification. The caseworker may be asked to show the caseworker's valid driver license or valid nonoperating identification license on request. The school may not keep a digital or physical record of the caseworker's personal identifying information. The school may keep a digital or physical record of the caseworker's department of child safety identification.

B. If a caseworker declines or is unable to provide the forms of identification listed in subsection A of this section, the caseworker shall provide the child's school with the contact information for the department office where the caseworker is employed. The school shall contact the department office and verify the caseworker's identification and employment.
A.R.S. § 8-341.02 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 341.02
8-341.02 Prohibited fees, fines and costs
Status: in_force

8-341.02. Prohibited fees, fines and costs

A. The court may not order a juvenile who is under the jurisdiction of the juvenile court or the juvenile's parent or guardian to pay either of the following:

1. A fee that is associated with court services or probation.

2. A fine or monetary sanction that is not specifically required by the offense or citation.

B. Notwithstanding any other law, this section does not prevent a juvenile or the juvenile's parent or guardian from paying a fine in lieu of performing community restitution if the court provides that option.
A.R.S. § 8-514.08 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514.08
8-514.08 Educational decisions; parent contact information; inability to locate
Status: in_force

8-514.08. Educational decisions; parent contact information; inability to locate

A. If a child in the custody of the department is in out-of-home care and is receiving or in need of services pursuant to title 15, chapter 7, article 4, the department shall promptly notify the child's public education agency of the name and contact information for the child's parent, as defined in 34 Code of Federal Regulations section 300.30, unless a court has ordered otherwise.

B. If a public education agency notifies the department that the child requires an initial evaluation for special education and related services and the parent identified pursuant to subsection A of this section cannot be located or does not attempt to participate, the department shall promptly notify the public education agency of a parent, as defined in 34 Code of Federal Regulations section 300.30, who can consent to or refuse the initial evaluation in accordance with 20 United States Code section 1414.

C. When the biological or adoptive parent of the child attempts to act as the parent, the biological or adoptive parent is presumed to be the parent for the purposes of this section.
A.R.S. § 8-162 — Arizona Code / Title 8 / Chapter 1 / Article 3 / Section 162
8-162 Nonrecurring adoption expense program; funding; use of other resources; payment
Status: in_force

8-162. Nonrecurring adoption expense program; funding; use of other resources; payment

A. The department shall establish and administer a program of payment for nonrecurring adoption expenses. Nonrecurring adoption expenses shall be provided from monies appropriated to the department or made available to it from other sources.

B. Except as provided in subsection C, the department shall not reimburse nonrecurring adoption expenses unless an application is approved and an agreement is signed by the department and the applicant for nonrecurring expenses before entry of the final decree of adoption.

C. The department may approve and reimburse these expenses after the finalization of an adoption only in the following situations:

1. A final decree of adoption was entered into on or after January 1, 1987 and before the effective date of this article.

2. A final decree was entered into before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.

D. For adoptions finalized between January 1, 1987 and the effective date of this article, a person shall file an application by December 14, 1990.
A.R.S. § 8-394 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 394
8-394 Notice of delinquent's status
Status: in_force

8-394. Notice of delinquent's status

A. If the victim has made a request for postadjudication notice, the director of the department of juvenile corrections shall mail to the victim the following information about a delinquent in the custody of the department of juvenile corrections:

1. Within thirty days after the request, notice of the earliest release date of the delinquent.

2. At least fifteen days before the delinquent's release, notice of the release.

3. Within fifteen days after the delinquent's death, notice of the death.

B. If the victim has made a request for postadjudication notice, the custodial agency having custody of the delinquent shall mail to the victim notice of release at least fifteen days before the delinquent's release or notice of death within fifteen days after the delinquent's death.
A.R.S. § 8-548.02 — Arizona Code / Title 8 / Chapter 4 / Article 6 / Section 548.02
8-548.02 Interstate compact administrator
Status: in_force

8-548.02. Interstate compact administrator

Pursuant to the compact the governor shall designate the director of the department as the compact administrator. The compact administrator, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.
A.R.S. § 8-844 — Arizona Code / Title 8 / Chapter 4 / Article 10 / Section 844
8-844 Dependency adjudication hearing; settlement conference or mediation
Status: in_force

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

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

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

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

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

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

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

(ii) The factual basis for the dependency.

(iii) That the child is dependent.

(b) Conduct a disposition hearing.

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

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

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

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

G. Evidence considered by the court in making a decision pursuant to this section shall also include any substantiated allegations of abuse or neglect committed in another jurisdiction.
A.R.S. § 8-392 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 392
8-392 Notice of postadjudication review and appellate proceedings
Status: in_force

8-392. Notice of postadjudication review and appellate proceedings

A. Within fifteen days after the disposition proceeding the prosecutor's office, on request, shall notify the victim of the disposition imposed on the juvenile defendant.

B. The prosecutor's office shall provide the victim with a form that allows the victim to request postadjudication notice of all postadjudication review and appellate proceedings, all postadjudication release proceedings, all probation modification proceedings that impact the victim, all probation revocation or termination proceedings, all conditional liberty revocation proceedings or modifications to conditional liberty, any decisions that arise out of these proceedings, all releases and all escapes.

C. The prosecutor's office shall advise the victim on how the completed request form may be filed with the appropriate agencies and departments.

D. On request of the victim, the prosecutor's office that is responsible for handling any postadjudication or appellate proceedings shall notify the victim of the proceedings and any decisions that arise out of the proceedings.

E. The supreme court or court of appeals shall send a victim who requests notice pursuant to this section a copy of the memorandum decision or opinion from the issuing court concurrently with the parties. If the victim is represented by counsel, the notice shall be provided to the victim's counsel.
A.R.S. § 8-291.03 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.03
8-291.03 Screening report
Status: in_force

8-291.03. Screening report

A. After the court determines that reasonable grounds exist to support the plea of insanity, the court or any party, with the consent of the juvenile, may request that the mental health expert provide a screening report.  The screening report shall include both:

1. The mental status of the juvenile at the time of the offense.

2. If the mental health expert determines that the juvenile suffered from a mental disease, defect or disability at the time of the offense, the relationship  of the disease, defect or disability to the alleged offense.

B. If the juvenile's state of mind at the time of the offense will be included in the examination, counsel for the juvenile shall provide the available juvenile court, medical and educational records to the court.  The court shall not appoint the expert to address the issue until the court receives the records.

C. Within ten working days after the mental health expert is appointed, the parties shall provide any of the juvenile’s additional medical or criminal history records that are requested by the court or the mental health expert.
A.R.S. § 8-808 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 808
8-808 Parent assistance program
Status: in_force

8-808. Parent assistance program

A. A parent assistance program is established in the administrative office of the supreme court for the purpose of providing information to and assisting parents or guardians in understanding the process of removal of a child from the home. The administrative office of the supreme court shall establish parent assistance offices in counties having a population of four hundred thousand persons or more and shall provide twenty-four hour telephone hot line access statewide.

B. The administrative office of the supreme court shall hire and employ staff, subject to legislative appropriation, for purposes relating to the functions of the parent assistance program.

C. The parent assistance program shall provide the following information to parents or guardians:

1. The parents' or guardians' legal rights, including the right to attend court or foster care review board hearings, and the child's legal rights.

2. The means for accessing personnel who can provide information on:

(a) The well-being of the child who is removed from the home.

(b) The community resources that are available.

3. The procedures for requesting an attorney or a temporary custody hearing and the consequences of failure to make the request.

D. The administrative office of the supreme court shall maintain current statistics on the utilization of and types of calls received by the parent assistance program. The administrative office of the supreme court shall make the information available to the public on request and on the administrative office of the supreme court's website.

E. The administrative office of the supreme court shall coordinate efforts with the department to provide each parent or guardian with written notice of the services offered by the parent assistance program at the time initial contact is made with a family.
A.R.S. § 8-125 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 125
8-125 Adoption decrees of other states
Status: in_force

8-125. Adoption decrees of other states

Where an adoption has been judicially decreed by a court in another state, such decree shall have the same force and effect as to matters within the jurisdiction of this state as though it had been granted by a court of this state.
A.R.S. § 8-207 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 207
8-207 Order of adjudication; noncriminal; use as evidence
Status: in_force

8-207. Order of adjudication; noncriminal; use as evidence

A. Except as provided by section 13-904, subsection H, section 13-2921.01, section 17-340 or sections 28-3304, 28-3306 and 28-3320, an order of the juvenile court in proceedings under this chapter shall not be deemed a conviction of crime, impose any civil disabilities ordinarily resulting from a conviction or operate to disqualify the juvenile in any civil service application or appointment.

B. The disposition of a juvenile in the juvenile court may not be used against the juvenile in any case or proceeding other than a criminal or juvenile case in any court, whether before or after reaching majority, except as provided by section 13-2921.01, section 17-340 or sections 28-3304, 28-3306 and 28-3320.
A.R.S. § 8-516 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 516
8-516 Supervision of foster homes; reports; review of file; progress report
Status: in_force

8-516. Supervision of foster homes; reports; review of file; progress report

A. A licensed child welfare agency shall maintain supervision of all children placed by it in foster homes and such foster homes.

B. The agency's representative shall contact the foster homes and written reports of the representative's findings shall be maintained by such agency, subject to the review of the division.

C. Receiving foster homes shall be visited at least once per month.

D. Regular and special foster homes shall be visited at least once every three months.

E. A complete review of the placement and progress concerning a child in a foster home shall be made by the division or the agency, if the juvenile court has awarded custody of the child to the agency, at least every six months. The division or agency shall prepare a progress report resulting from the review, and a copy of such report shall be sent to the juvenile court and the foster care review board. The progress report shall include:

1. An assessment of the extent to which the division or agency is accomplishing the purpose of foster care for the child as described in the case plan.

2. An assessment of the appropriateness of the case plan.

3. The length of time the child has been in foster care.

4. The number of foster home placements the child has experienced while in foster care and the length of each placement.
A.R.S. § 8-817 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 817
8-817 Initial screening and safety assessment and investigation protocols
Status: in_force

8-817. Initial screening and safety assessment and investigation protocols

A. The department shall develop, establish and implement initial screening and safety assessment protocols in consultation with the attorney general and statewide with county attorneys, chiefs of police, sheriffs, medical experts, victims' rights advocates, domestic violence victim advocates and mandatory reporters. Any initial screening and safety assessment model shall be based on an evidence-informed safety assessment model prescribed in section 8-456 and shall ensure valid and reliable responses. The department shall establish written policies and procedures to implement the use of the initial screening and safety assessment protocols.

B. To ensure thorough investigations of those accused of crimes against children, in each county, the county attorney, in cooperation with the sheriff, the chief law enforcement officer for each municipality in the county and the department shall develop, adopt and implement protocols to guide the conduct of investigations of allegations involving criminal conduct.  The protocols shall include:

1. The process for notification of receipt of criminal conduct allegations.

2. The standards for interdisciplinary investigations of specific types of abuse and neglect, including timely forensic medical evaluations.

3. The standards for interdisciplinary investigations involving Native American children in compliance with the Indian child welfare act.

4. Procedures for sharing information and standards for the timely disclosure of information.

5. Procedures for coordination of screening, response and investigation with other involved professional disciplines and notification of case status and standards for the timely disclosure of related information.

6. The training required for the involved child safety workers, law enforcement officers and prosecutors to execute the investigation protocols, including forensic interviewing skills.

7. The process to ensure review of and compliance with the investigation protocols and the reporting of activity under the protocols.

8. Procedures for annual reports to be transmitted within forty-five days after the end of each fiscal year independently from each county attorney to the governor, the speaker of the house of representatives and the president of the senate and a copy of these reports to be provided to the secretary of state. Each report made pursuant to this paragraph must be independently prepared and submitted without any input from or communication with the other reporting entities.  Each report is a public document and shall include:

(a) The number of criminal conduct allegations investigated and how many of these investigations were conducted jointly pursuant to the investigation protocols established in this subsection.

(b) Information from each county attorney regarding the number of cases presented for review, the number of persons charged in those cases, the reasons why charges were not pursued and the disposition of these cases.

(c) The reasons why a joint investigation did not take place.

9. Procedures for dispute resolution.

C. The department shall cooperate with the county attorney and the appropriate law enforcement agency pursuant to the investigation protocols adopted in this section. In instances of criminal conduct against a child, the department shall protect the victim's rights of the children in its custody against harassment, intimidation and abuse, as applicable, pursuant to article II, section 2.1, Constitution of Arizona.

D. The county attorney and the law enforcement agency shall cooperate with the department pursuant to the investigation protocols adopted in this section.
A.R.S. § 8-110 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 110
8-110 Fictitious name for child
Status: in_force

8-110. Fictitious name for child

A. The court may order, upon request of any interested party, that the child to be adopted shall be referred to by a fictitious name in all proceedings before the court, if such would be in the best interest of the child.

B. If the court, by order, authorizes the use of a fictitious name, the real name of the child shall be kept in a sealed envelope in the court file and shall not be opened except on order of the court after good cause has been shown.
A.R.S. § 8-1162 — Arizona Code / Title 8 / Chapter 13 / Article 2 / Section 1162
8-1162 Composition of regional partnership councils; reimbursement of expenses; immunity
Status: in_force

8-1162. Composition of regional partnership councils; reimbursement of expenses; immunity

(Caution:  1998 Prop. 105 applies)

A. Each regional partnership council shall be made up of eleven members who reside or work in the region, including at least:

1. One parent of a child aged five or younger at the time of their appointment to the council.

2. One child care provider.

3. One health services provider.

4. One public school administrator.  For the purposes of this requirement, charter schools established pursuant to title 15 are considered public schools.

5. One early childhood educator.

6. One member of the business community.

7. One representative of the faith community.

8. One representative of a philanthropic organization.

9. If an Indian tribe is located in the region, one public official or employee or a tribal government.

B. Members of the regional partnership councils shall be appointed by the board after a public application process and with the input of the regional partnership council.

C. Members of the regional partnership councils shall serve four year terms, to begin and end July 1.

D. Members of the regional partnership council who miss more than three meetings without excuse or resign their membership shall be replaced by the board after a public application process and with the input of the regional partnership council.

E. Council members are not eligible to receive compensation, they are eligible for travel expenses and reimbursement for subsistence pursuant to title 38, chapter 4, article 2.  Reimbursement shall be paid from the administrative costs account of the early childhood development and health fund established by section 8-1181 on claims approved by the executive director.

F. Members of the council are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings with approval of a majority of the council.
A.R.S. § 8-891 — Arizona Code / Title 8 / Chapter 4 / Article 14 / Section 891
8-891 In-home intervention
Status: in_force

8-891. In-home intervention

A. After the filing of a dependency petition, the court may order in-home intervention if all of the following are true:

1. The child has not been removed pursuant to article 9 of this chapter.

2. In-home intervention appears likely to resolve the risk issues described in paragraph 4 of this subsection.

3. The parent, guardian or custodian agrees to a case plan and participation in services.

4. One of the following conditions exists:

(a) 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.

(b) The parent, guardian or custodian is unable to provide proper care, control and supervision of the child.

B. The in-home intervention order may include a training or treatment plan for the parent, guardian or custodian and the child.

C. The in-home intervention shall include a specific time for completion of the in-home intervention, which shall not exceed one year without review and approval by the court. The court shall dismiss the dependency petition if the specific time for completion of the in-home intervention has expired without being extended by the court and a dependency adjudication hearing has not been set as provided in section 8-892.
A.R.S. § 8-107 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 107
8-107 Time and contents of consent
Status: in_force

8-107. Time and contents of consent

A. 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 eighteen years of age 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.

B. A consent given before seventy-two hours after the birth of the child is invalid.

C. The consent shall be dated, shall sufficiently identify and give the addresses of the party giving the consent and the name and address of the witness or witnesses and shall sufficiently identify the child to whose adoption the consent is given.

D. The consent shall designate either of the following:

1. An agency or the division as authorized by the party giving the consent to place the child for adoption.

2. The particular person or persons authorized to adopt the child by the person giving the consent.

E. The true names of the adopting person or persons shall be used, except that fictitious names may be used if the consent also truthfully states that the adopting person or persons are currently certified as acceptable to adopt the child, that the consenting party knows that the names used are fictitious and does not wish to know the true names and that the consenting party has been furnished with all information which the consenting party wishes to know about the adopting person or persons.

F. The consent shall contain a statement which includes the following:

1. The consequences of the consent pursuant to section 8-117.

2. The irrevocability of the consent pursuant to section 8-106.

3. The prohibition of any direct or indirect compensation for the consent except as provided in section 8-114.

G. A consent other than to any agency or the division which does not designate a particular person or persons, or which purports to permit a third person to locate or nominate an adoptive parent, is invalid.
A.R.S. § 8-303 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 303
8-303 Taking into temporary custody; interference; release; separate custody; violation; classification
Status: in_force

8-303. Taking into temporary custody; interference; release; separate custody; violation; classification

A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.

B. A child shall be taken into temporary custody:

1. Pursuant to an order of the juvenile court.

2. Pursuant to a warrant issued according to the laws of arrest.

C. A juvenile may be taken into temporary custody:

1. By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible.

2. By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.

3. By a private person as provided by section 13-3884.

D. A peace officer shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either:

1. The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace.

2. The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.

E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of the juvenile's juvenile Miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable, shall make a good faith effort to notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile.  After making the custody notification, the peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile Miranda rights. If the juvenile is a ward of this state, the peace officer shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody.

F. If a peace officer takes a juvenile into temporary custody pursuant to subsection D of this section on school property, an employee of the school, after consultation with the investigating law enforcement agency to ensure that notification would not pose a risk to the juvenile or the investigation, shall immediately notify the juvenile's parents, guardian or custodian of the juvenile's custody. If the juvenile is a ward of this state, a school employee shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody.  For the purposes of this subsection, "school" has the same meaning prescribed in section 15-101.

G. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court.

H. A person who knowingly interferes with the taking of a juvenile into temporary custody under this section is guilty of a class 2 misdemeanor.

I. In determining whether a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481.
A.R.S. § 8-362 — Arizona Code / Title 8 / Chapter 3 / Article 5 / Section 362
8-362 Commission assessments
Status: in_force

8-362. Commission assessments

The department of juvenile corrections shall pay the assessment that is levied each year by the interstate commission for juveniles pursuant to section 8-361.
A.R.S. § 8-827 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 827
8-827 Background checks of adults residing in potential emergency placement homes; disqualifying criminal offenses; definitions
Status: in_force

8-827. Background checks of adults residing in potential emergency placement homes; disqualifying criminal offenses; definitions

A. If a child is removed from the custody of the child's parent, guardian or custodian and an emergency placement is offered by an authorized tribe, an authorized tribe may request, in accordance with the procedures prescribed in 28 Code of Federal Regulations sections 901.1 through 901.4, that each person who is at least eighteen years of age and who is residing in a home where the potential emergency placement is to be made consent to both of the following:

1. A preliminary state and federal name-based background check.

2. Within fifteen days after the date the name-based background check is conducted, the submission of a full set of the person's fingerprints to an authorized tribe for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

B. An adult who consents to name-based and fingerprint background checks pursuant to subsection A of this section shall submit to an authorized tribe a full set of fingerprints and written permission authorizing the authorized tribe to submit the fingerprints to the department of public safety for the processing of the state and federal criminal records check.  The department of public safety shall provide the results of the name-based and fingerprint background checks to the authorized tribe that submitted the request.

C. If a name-based background check demonstrates that none of the adults residing in the home where the emergency placement is to be made has been convicted of a disqualifying criminal offense, the authorized tribe may place the child in the home pending the outcome of the fingerprint background check.

D. If an adult refuses to consent to a request by an authorized tribe for name-based and fingerprint background checks, the authorized tribe may not place the child in a home in which the adult resides or, if the child was already placed in the home, the authorized tribe shall immediately remove the child from the home.

E. If an authorized tribe requests name-based and fingerprint background checks pursuant to this section, the authorized tribe may not make an emergency placement or continue an emergency placement in a home in which an adult resident has been convicted of a disqualifying criminal offense.

F. If an emergency placement is denied as a result of a name-based background check of an adult resident and the adult resident contests the denial, the adult resident, within fifteen calendar days after the denial, may submit to the authorized tribe a complete set of fingerprints for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.

G. For the purposes of this section:

1. "Authorized tribe" means the tribal child safety unit, or its designee, that is responsible for overseeing foster care licensing for an Indian tribe located in this state and that has a valid tribal fingerprint program user agreement with the department of public safety.

2. "Disqualifying criminal offense" means an offense listed in section 41-1758.07, subsection B or C.

3. "Emergency placement" means an instance in which an authorized tribe provides protective services and places a child in the home of private individuals, including family, neighbors or friends of the child.
A.R.S. § 8-863 — Arizona Code / Title 8 / Chapter 4 / Article 11 / Section 863
8-863 Hearing to terminate parental rights; notice; grounds
Status: in_force

8-863. Hearing to terminate parental rights; notice; grounds

A. At least ten days before the initial hearing on the termination of parental rights pursuant to this article, the party who is responsible for filing a motion pursuant to section 8-862, subsection D shall serve the motion on all parties as prescribed in rule 5(c) of the Arizona rules of civil procedure, 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.

B. The court may terminate the parental rights of a parent if the court finds by clear and convincing evidence one or more of the grounds prescribed in section 8-533.

C. If a parent does not appear at the hearing, the court, after determining that the parent has been served as provided in subsection A of this section, may find that the parent has waived the parent's legal rights and is deemed to have admitted the allegations of the petition by the failure to appear. The court may terminate the parent-child relationship as to a parent who does not appear based on the record and evidence presented as provided in rules prescribed by the supreme court.

D. Sections 8-538 and 8-539 apply to orders of termination issued pursuant to this section.
A.R.S. § 8-235 — Arizona Code / Title 8 / Chapter 2 / Article 3 / Section 235
8-235 Appeals
Status: in_force

8-235. Appeals

A. Any aggrieved party in any juvenile court proceeding under this title may appeal from a final order of the juvenile court to the court of appeals in the manner provided in the Arizona rules of procedure for the juvenile court as adopted or approved by the Arizona supreme court.

B. The order of the juvenile court shall not be suspended and the execution of the order shall not be stayed pending the appeal, except that the appellate court may, by order, suspend or stay the execution of the order if suitable provision is made for the care and custody of the juvenile.

C. The court of appeals shall give the appeal precedence over all other actions except extraordinary writs or special actions.

D. The judge of the juvenile court shall appoint an attorney for an indigent party appealing a final order of the juvenile court and a reasonable sum shall be fixed by the court to be paid by the county to the attorney for the appeal.
A.R.S. § 8-352 — Arizona Code / Title 8 / Chapter 3 / Article 4 / Section 352
8-352 Intensive probation; evaluation; criteria; limit; conditions
Status: in_force

8-352. Intensive probation; evaluation; criteria; limit; conditions

A. A juvenile probation officer shall prepare a disposition summary report for every juvenile who has been adjudicated of a delinquent act or of a technical violation of probation.

B. The juvenile probation officer shall evaluate the needs of the juvenile and the juvenile's risk to the community, including the nature of the offense, the delinquent history of the juvenile, the juvenile's history of referrals and adjustments and the recommendation of the juvenile's parents. The juvenile probation officer shall include the recommendation of the juvenile's parents in the disposition summary report. If the nature of the offense and the prior delinquent history of the juvenile indicate that the juvenile should be included in an intensive probation program pursuant to supreme court guidelines for juvenile intensive probation, the juvenile probation officer may recommend to the court that the juvenile be granted intensive probation.

C. After reviewing the juvenile's prior record, the facts and circumstances of the current delinquent act or technical violation of probation and the disposition summary report, the court may grant the juvenile a period of intensive probation.

D. When granting intensive probation the court shall set forth on the record the factual reasons for using the disposition.

E. Intensive probation shall be conditioned on the juvenile:

1. Participating in one or more of the following, if approved by the court or probation officer, throughout the term of probation:

(a) School.

(b) A treatment program.

(c) Employment.

(d) Supervised community restitution work.

(e) An activity that improves the juvenile's prosocial skill development, including enhancing the juvenile's relationship with the juvenile's family.

2. Paying victim restitution, applicable monetary obligations and probation fees, except that the inability to pay probation fees, applicable monetary obligations or victim restitution does not prohibit participation in the intensive probation program.

3. Remaining at a place of residence at all times except to attend school, work or treatment, to perform community restitution or to participate in prosocial activity, as specifically allowed by the supervising juvenile probation officer, or if in the direct company of a parent, guardian or custodian, as approved by the juvenile probation officer.

4. Allowing administration of drug and alcohol tests as directed by a juvenile probation officer.

5. Meeting any other conditions imposed by the court, including electronic monitoring, to meet the needs of the juvenile or to limit the risks to the community.

F. Probation fees shall be deposited in the juvenile probation fund established pursuant to section 12-268.
A.R.S. § 8-342 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 342
8-342 Commitment of child; medical examination; definition
Status: in_force

8-342. Commitment of child; medical examination; definition

A. A child who is any of the following shall not be committed or awarded to the department of juvenile corrections:

1. Adjudicated delinquent for an offense that is not a felony unless the child has been previously adjudicated delinquent for an offense that is a felony or is seriously mentally ill.

2. Under fourteen years of age.

3. A dependent or incorrigible child unless the child is adjudicated delinquent and is not excluded under paragraph 1 or 2 of this subsection.

B. Before commitment to the department of juvenile corrections, every child shall be given a medical examination. If it is determined that any contagious or infectious disease is present, the child shall not be committed to the department of juvenile corrections, but the juvenile court shall order that the child be given the necessary medical treatment at the county hospital or other medical facility. When the child is discharged by competent medical authority, the juvenile court may order the child's commitment to the department of juvenile corrections. In any case copies of records, examinations and evaluations shall be made of the findings of the medical examination and of any subsequent treatment and discharge, which copies shall accompany the child's commitment papers.

C. If the child is a dependent child and is committed or awarded to the department of juvenile corrections, the foster care review board shall review the child's case as required by section 8-515.03.

D. For the purposes of this section, "child" includes a person who is under eighteen years of age or, if the juvenile court has retained jurisdiction over the person pursuant to section 8-202, subsection H, under nineteen years of age.
A.R.S. § 8-355 — Arizona Code / Title 8 / Chapter 3 / Article 4 / Section 355
8-355 School; employment; community restitution programs
Status: in_force

8-355. School; employment; community restitution programs

The juvenile intensive probation team shall ensure that each juvenile under its supervision is participating in one or more of the following, if approved by the court or probation officer, throughout the term of intensive probation:

1. School.

2. A treatment program.

3. Employment.

4. A community restitution program.

5. An activity that improves the juvenile's prosocial skill development, including enhancing the juvenile's relationship with the juvenile's family.
A.R.S. § 8-503 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 503
8-503 Powers and duties
Status: in_force

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 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) 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 training 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 juvenile 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. Establish as a goal that, at any given time, not more than fifty percent 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.

10. Maintain a goal that infants who are taken into custody by the department be placed in a prospective permanent placement within one year after the filing of a dependency petition.

B. Except as provided in section 8-514.01, large group settings for children, group homes for children and child developmental homes that have one or more residents who are clients of the department with developmental disabilities 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 homes licensed pursuant to title 36, chapter 5.1, article 3.
A.R.S. § 8-1191 — Arizona Code / Title 8 / Chapter 13 / Article 5 / Section 1191
8-1191 Members; appointment; terms; oath; immunity
Status: in_force

8-1191. Members; appointment; terms; oath; immunity

(Caution:  1998 Prop. 105 applies)

A. The Arizona early childhood development and health board consists of nine appointed members and, as non-voting ex officio members, the superintendent of public instruction, the director of the department of health services and the director of the department of economic security.  The non-voting ex officio members may designate a member of their departmental staff responsible for early childhood development and health issues to participate as their representative.

B. Appointed members shall be appointed by the governor pursuant to section 38-211.  The term of each appointed member is six years, to begin and end on the third Monday in January.

C. Appointments to the board shall meet the following criteria:

1. Appointed members shall have demonstrated interest and/or experience in early childhood development and health.

2. The appointed members of the board shall include residents of at least four different counties.

3. No more than four appointed members of the board may be residents of the same county.

4. No more than four appointed members of the board may be registered members of the same political party.

5. No appointed members of the board may have a substantial interest in the provision of early childhood education services, as that term is defined by Arizona's conflict of interest law, section 38-502.

D. Each appointed member of the board shall take the oath of office before entering upon the duties of the member's office.

E. Members of the board are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings with approval of a majority of the board.
A.R.S. § 8-532 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 532
8-532 Jurisdiction; dependency based termination
Status: in_force

8-532. Jurisdiction; dependency based termination

A. The juvenile court shall have exclusive original jurisdiction over petitions to terminate the parent-child relationship when the child involved is present in this state.

B. The juvenile court shall continue to have exclusive original jurisdiction when the juvenile is in the legal custody of the juvenile court although the physical placement of the child is in another state pursuant to court order.

C. This article does not apply to termination proceedings conducted pursuant to article 11 of this chapter except to the extent prescribed in section 8-863.
A.R.S. § 8-467 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 467
8-467 Child welfare licensing fees; fund; uses; trust; definition
Status: in_force

8-467. Child welfare licensing fees; fund; uses; trust; definition

A. The department may establish and collect fees from noncontracting licensees for the purpose of licensing and supervising noncontracting licensees. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under this subsection in the child welfare licensing fee fund.

B. The child welfare licensing fee fund is established consisting of all fees collected pursuant to subsection A of this section and monies appropriated by the legislature.  The department shall administer the fund.  Monies in the fund are both of the following:

1. Subject to legislative appropriation.

2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from the investment shall be credited to the fund.

D. Fund monies shall be used to pay the costs incurred by the department for both of the following:

1. The issuance of licenses to noncontracting licensees.

2. The inspection, examination, suspension, denial, revocation or change of licenses of noncontracting licensees pursuant to sections 8-504 and 8-506.01.

E. Any fee that is authorized by law or rule and that is deposited in the fund is held in trust.  The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the state general fund of this state.

F. For the purposes of this section, "noncontracting licensee" means a licensee that does not contract with this state, that contracts with the federal government, that receives only federal monies and that employs individuals who provide direct services to children.
A.R.S. § 8-452 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 452
8-452 Director; appointment; qualifications; compensation
Status: in_force

8-452. Director; appointment; qualifications; compensation

A. The governor shall appoint the director of the department pursuant to section 38-211. The director serves at the pleasure of the governor.

B. At a minimum, the director shall have:

1. Administrative experience in the protection of children from maltreatment and in family support services.

2. Qualifications and training that enable the director to manage the affairs of the department.

C. The director is eligible to receive compensation pursuant to section 38-611.
A.R.S. § 8-116 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 116
8-116 Court order; contents; form
Status: in_force

8-116. Court order; contents; form

A. If, after the hearing and consideration of all the evidence, the court is satisfied that the requirements of this article have been met and that the adoption is in the best interests of the child, the court shall order the adoption. The order may change the name of the child to the name requested by the adoptive parent or parents in the petition to adopt. If the child being adopted is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change. The written order of the court shall include the findings of fact on which it based its order, including the court's jurisdiction and the date and place of birth of the child being adopted based on the best available evidence.

B. If the exact place of birth is unknown, the order shall include the information that is known and designate a place of birth according to the best information known as to the country of origin.

C. If the exact date of birth is unknown, the order shall establish a date of birth based on the medical evidence as to the probable age of the child and other evidence the court considers appropriate.

D. The order is conclusive and binding on all persons from the date of its entry subject to appeal as provided in section 8-235.

E. The court shall provide the adoptive parent or parents with written notice of the sibling information exchange program established pursuant to section 8-543.
A.R.S. § 8-548.06 — Arizona Code / Title 8 / Chapter 4 / Article 6 / Section 548.06
8-548.06 Responsibilities of state departments, agencies and officers
Status: in_force

8-548.06. Responsibilities of state departments, agencies and officers

The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
A.R.S. § 8-291 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291
8-291 Definitions
Status: in_force

8-291. Definitions

In this article, unless the context otherwise requires:

1. "Clinical liaison" means a mental health expert or another individual who has experience and training in mental health or developmental disabilities and who is qualified and appointed by the court to aid in coordinating the treatment or training of juveniles who are found incompetent to stand trial.  If developmental disability is an issue, the clinical liaison shall be an expert in developmental disability.

2. "Incompetent" means a juvenile who does not have sufficient present ability to consult with the juvenile's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the juvenile. Age alone does not render a person incompetent.

3. "Juvenile" means a person who is under eighteen years of age at the time the issue of competency is raised.

4. "Mental health expert" means a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1 and who is all of the following:

(a) Familiar with this state's competency standards and statutes.

(b) Familiar with the treatment, training and restoration programs that are available in this state.

(c) Certified by the court as meeting court developed guidelines.
A.R.S. § 8-804.01 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 804.01
8-804.01 Maintenance of reports; records
Status: in_force

8-804.01. Maintenance of reports; records

A. 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 time frames established in the department's records retention schedule.

B. In addition to the purposes prescribed in section 8-807, reports and related records maintained pursuant to subsection A of this section shall be used by the department only for the following purposes:

1. To assess the safety and risk to a child when conducting an investigation or identification of abuse or neglect.

2. To determine placement for a child, including determining what is the least restrictive setting.

3. To license foster homes, to certify adoptive homes or to use in the department's employment decisions.

4. To determine the type and level of services and treatment provided to the child and the child's family.

5. To assist in a criminal investigation or prosecution of child abuse or neglect.

6. To meet state and federal reporting requirements.

C. Notwithstanding section 8-807 and except as otherwise provided by law, reports and related records maintained pursuant to subsection A of this section shall not be used for purposes of employment or background checks, except for background checks conducted pursuant to section 8-804, subsection B. Only information contained in the central registry may be used to conduct background checks pursuant to section 8-804, subsection B.

D. If the finding of child abuse or neglect is supported by a preponderance of the evidence, the department shall record this finding.  The department may make this finding independent of whether a specific person is identified as responsible for the abuse or neglect.

E. If the department is unable to locate a child who is the subject of a report of abuse or neglect, the department shall record this finding separate from its other findings.

F. Subject to the requirements of sections 8-804 and 8-811, whenever possible, the department shall determine if a specific person is responsible for the abuse or neglect of a child.
A.R.S. § 8-536 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 536
8-536 Social study before disposition; contents
Status: in_force

8-536. Social study before disposition; contents

A.  On the filing of a petition, the court shall order that the department, an agency or another person selected by the court conduct or cause to be conducted a complete social study and that a report in writing of such study be submitted to the court before a hearing. The court may order any additional social study it deems necessary. The social study shall include the circumstances of the petition, the social history, the present condition of the child and parent, proposed plans for the child and other facts pertinent to the parent-child relationship. The report submitted shall include a specific recommendation and the reasons as to whether or not the parent-child relationship should be terminated.

B. If the proposed plans for the child do not include placing the child with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child, the report shall include sufficient information for the court to determine whether such placement is in the child's best interests.

C. The court may waive the requirement of the social study if the court finds that to do so is in the best interest of the child.