A.R.S. § 8-412 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 412
8-412 Victim's right to refuse an interview; applicability
Status: in_force

8-412. Victim's right to refuse an interview; applicability

A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any alleged delinquent act witnessed by the victim and that occurred on the same occasion as the delinquent act against the victim, or filed in the same petition or consolidated for an adjudication hearing, that is conducted by the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant.

B. The juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant shall only initiate contact with the victim through the prosecutor's office. The prosecutor's office shall inform the victim of the juvenile defendant's request for an interview within ten days after the request and shall advise the victim of the victim's right to refuse the interview.

C. The prosecutor shall not be required to forward any correspondence from the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant to the victim or the victim's representative.

D. If the victim consents to an interview, the prosecutor's office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the time and place the victim has selected for the interview. If the victim wishes to impose other conditions on the interview, the prosecutor's office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the conditions. The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.

E. Unless otherwise directed by the victim, the prosecutor may attend all interviews. If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor's expense.

F. This section applies to the parent or legal guardian of a minor child who exercises victims' rights on behalf of the minor child. Notwithstanding subsection E of this section, the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant may not interview a minor child who has agreed to an interview, even if the minor child's parent or legal guardian initiates contact with the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant, unless the prosecutor has actual notice at least five days in advance and the minor child is informed that the prosecutor may be present at the interview.

G. Except in cases involving a dismissal with prejudice or an acquittal, the right of a victim and a victim's representative to refuse an interview, a deposition or any other discovery request related to the criminal case involving the victim by the juvenile defendant, the juvenile defendant's attorney or any other person acting on behalf of the juvenile defendant remains enforceable beyond a final disposition of the charges.  This subsection does not require any other right enumerated in article II, section 2.1, Constitution of Arizona, to remain enforceable beyond a final disposition as prescribed in section 8-383, subsection A.
A.R.S. § 8-383.01 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 383.01
8-383.01 Victims' rights; dismissed counts
Status: in_force

8-383.01. Victims' rights; dismissed counts

A. If a criminal offense against a victim has been charged but the prosecution on the count or counts involving the victim has been or is being dismissed as the result of a plea agreement in which the defendant is pleading to or pled to other charges, the victim of the offenses involved in the dismissed counts, on request, may exercise all the applicable rights of a crime victim throughout the criminal justice process as though the count or counts involving the person had not been dismissed.

B. As to each count that is dismissed, the prosecutor shall notify the probation department if the victim requested the victim's rights pursuant to this article.

C. For each victim who is involved in the dismissed counts and who requested the victim's rights, the prosecutor shall forward to the probation department information within the prosecutor's possession that would enable the probation department to carry out its duties as prescribed by this article.
A.R.S. § 8-526.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 526.01
8-526.01 Missing children; reporting requirements; definitions
Status: in_force

8-526.01. Missing children; reporting requirements; definitions

(Rpld. 1/1/27)

A. For each six-month period beginning on January 1 or July 1, the department shall make available:

1. For runaway children, all of the following:

(a) The number of individual children who were on runaway status on the last day of the prior reporting period.

(b) The number of new runaway episodes initiated during the current reporting period.

(c) The number of times children return from a runaway episode during the current reporting period.

(d) The number of individual children on runaway status on the last day of the current reporting period.

(e) Of total care days during the reporting period, the percentage of care days associated with children on runaway status.

(f) The number of individual children on runaway status on the last day of the reporting period by categories of length of time on runaway status.

(g) The number of individual children on runaway status on the last day of the reporting period, by age.

(h) The placement location from which a child ran away, including all licensed foster homes, nonlicensed kinship placements, group homes or other placements.

(i) The number of runaway children who have returned during the reporting period.

2. For abducted children, all of the following:

(a) The number of individual children who were on abducted status on the last day of the prior reporting period.

(b) The number of children who were abducted during the current reporting period.

(c) The number of children returned to care during the current reporting period from abducted status.

(d) The number of individual children on abducted status on the last day of the current reporting period.

(e) Of total care days during the reporting period, the percentage of care days associated with children on abducted status.

(f) The number of children who were on abducted status on the last day of the reporting period by categories of length of time on current abducted status and by age.

B. The department shall do both of the following:

1. Make the information prescribed in subsection A of this section available within ninety days after the end of the reporting period.

2. Notify the president of the senate, the speaker of the house of representatives and the governor each time the information prescribed in subsection A of this section is made available.

C. For the purposes of this section:

1. "Abducted child" means a child who is taken, enticed or kept from the lawful custody of the department or who another person intentionally fails or refuses to return or impedes the immediate return to the department.

2. "Care days" means the total number of days spent in out-of-home care for each child who was in care for at least twenty-four hours during the current reporting period.

3. "Individual children" means the count of children without counting the same child more than once.

4. "Runaway status" means the status of a child who has voluntarily and without consent left the placement location for at least twenty-four hours without the intent to return.
A.R.S. § 8-514.03 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514.03
8-514.03 Kinship foster care; requirements; investigation
Status: in_force

8-514.03. Kinship foster care; requirements; investigation

A. The department shall establish kinship foster care services for a child who has been removed from the child's home and who is in the custody of the department. The program shall promote the placement of the child with the child's relative or a person with a significant relationship with the child for kinship foster care.

B. A kinship foster care parent applicant who is not a licensed foster care parent shall be at least eighteen years of age. The applicant and each member of the applicant's household who is at least eighteen years of age shall submit a full set of fingerprints to the department of child safety 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. The department of child safety shall determine if the applicant is able to meet the child's health and safety needs by conducting one or more home visits and interviewing the applicant. The department of child safety may interview other household members, review the applicant's personal and professional references and conduct department of child safety central registry checks.

C. If the department determines that a kinship foster care placement is not in the best interest of the child, the department shall provide written notification to the applicant within fifteen business days. The notice shall include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision.

D. A kinship foster care parent may be eligible to receive the following financial services for the child:

1. Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home or if the kinship foster care parent obtains a restricted license pursuant to section 8-509, subsection C.

2. Temporary assistance for needy families cash assistance payments for a child only case and supplemental financial support.

E. The department shall establish procedures for child welfare workers to inform kinship foster care families about available financial and nonfinancial services and eligibility requirements and shall assist the families in completing the necessary application.

F. If a family declines to apply for financial services, the family shall sign a statement indicating that the family declined services. The statement does not prevent the family from making application in the future. The worker shall provide a copy of the statement to the family.

G. The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include:

1. Family assessment.

2. Case management.

3. Child day care.

4. Housing search and relocation.

5. Parenting skills training.

6. Supportive intervention and guidance counseling.

7. Transportation.

8. Emergency services.

9. Parent aid services.

10. Respite services.

11. Additional services that the department determines are necessary to meet the needs of the child and family.
A.R.S. § 8-165 — Arizona Code / Title 8 / Chapter 1 / Article 3 / Section 165
8-165 Records
Status: in_force

8-165. Records

The department shall maintain records which include information regarding age, sex, ethnicity, country or state of origin, type of placement agency and category of nonrecurring adoption expenses which are reimbursed pursuant to this article.
A.R.S. § 8-231 — Arizona Code / Title 8 / Chapter 2 / Article 3 / Section 231
8-231 Juvenile court commissioners; appointment; powers and duties; compensation; qualifications
Status: in_force

8-231. Juvenile court commissioners; appointment; powers and duties; compensation; qualifications

A. The presiding judge of the juvenile court in a county may appoint juvenile court commissioners to serve at the pleasure of the presiding judge, provided that the funds necessary to fill these positions have been approved by the respective county board of supervisors. A juvenile court commissioner has the powers and duties as are prescribed by rule of the supreme court.

B. A juvenile court commissioner shall not make ex parte orders which would deprive a person of custody of his child or deprive a person of his liberty, except in default hearings or for necessary temporary matters preceding a hearing.

C. A juvenile court commissioner is entitled to receive an annual salary set by the presiding juvenile court judge at an amount not to exceed the maximum amount provided in section 12-213. The salary of a juvenile court commissioner is a county charge.

D. To be eligible for appointment as a juvenile court commissioner a person must meet the following qualifications:

1. Be a member of the state bar of Arizona.

2. For at least four years have either engaged in the general practice of law, or have served as a full-time juvenile court referee or hearing officer for at least four years or have a combination of both such practice and service.
A.R.S. § 8-323 — Arizona Code / Title 8 / Chapter 3 / Article 2 / Section 323
8-323 Juvenile hearing officer; appointment; term; compensation; hearings; required attendance; contempt
Status: in_force

8-323. Juvenile hearing officer; appointment; term; compensation; hearings; required attendance; contempt

A. The judge of the juvenile court, or in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court, may appoint one or more persons of suitable experience who may be magistrates or justices of the peace to serve as juvenile hearing officers on a full-time or part-time basis. The county board of supervisors shall approve the appointment of justices of the peace as juvenile hearing officers. The local governing body shall approve the appointment of municipal judges as juvenile hearing officers. The juvenile hearing officer serves at the pleasure of the appointing judge. The appointing judge, with the approval of the board of supervisors, shall determine whether any compensation shall be paid to a juvenile hearing officer who is not otherwise employed by a public agency or holding another public office and shall establish the amounts and rates of the compensation.

B. Subject to the orders of the juvenile court a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:

1. Any provision of title 28 not declared to be a felony.

2. The purchase, possession or consumption of spirituous liquor by a juvenile.

3. Boating or game and fish.

4. Curfew.

5. Truancy.

6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.

7. The purchase or possession of tobacco.

8. Any city, town or political subdivision ordinance.

9. Interference with judicial proceedings involving disobeying or resisting the lawful order, process or other mandate of a juvenile hearing officer or failure to appear related to any offense in this section.

10. A civil violation involving the possession and personal use of marijuana, marijuana products and marijuana paraphernalia.

C. A hearing before the juvenile hearing officer or a hearing before a commissioner or a judge of the juvenile court in which the juvenile is charged with any offense set forth in this section may be conducted on an exact legible copy of a written notice to appear, including a uniform Arizona traffic ticket and complaint form, that states, at a minimum, the name and address of the juvenile, the offense charged and the time and place the juvenile shall appear in court.

D. The juvenile hearing officer, commissioner or judge of the superior court shall not dispose of a petition or citation for any offense under this section unless the parent, guardian or custodian of the juvenile appears in court with the juvenile at the time of disposition of the charge.  On a showing of good cause that the parent, guardian or custodian cannot appear on the date and time set by the court, the court may waive the requirement that the parent, guardian or custodian appear. The court shall state on the record the reasons for waiving the requirement that the parent, guardian or custodian appear. At the time the court issues an order to appear or other order pursuant to this section, the court shall inform the juvenile that failure to appear or failure to comply with an order will result in suspension of the juvenile's driver license or privilege to drive.  If the juvenile fails to appear pursuant to a citation or an order to appear properly issued under this section or if on disposition fails to comply with any court order, the juvenile hearing officer shall order the department of transportation to suspend the juvenile's driver license or privilege to drive or shall direct the department of transportation to refuse to issue, renew or restore the juvenile's driver license or privilege to drive until the juvenile reaches eighteen years of age or appears in court as directed or complies with the court's order.

E. If a parent, guardian or custodian fails to appear with the juvenile, and good cause for the failure to appear is not found as provided in subsection D of this section, the court shall issue an order to show cause to the parent, guardian or custodian as to why that person shall not be held in contempt.

F. Except as otherwise provided by law, on an admission by the juvenile of a violation charged pursuant to this section, or after a hearing, on the finding that the juvenile committed the violation, the juvenile hearing officer, commissioner or judge of the superior court may do one or more of the following:

1. Place the juvenile on probation, except that a city magistrate or justice of the peace may only place the juvenile on unsupervised probation.

2. Transfer the citation to the juvenile court for all further proceedings.

3. Suspend the driving privileges of the juvenile, or restrict the juvenile's driving privileges for a period of not to exceed one hundred eighty days.

4. Order the juvenile to attend a traffic school or a counseling or education program approved by the presiding judge of the juvenile court or the supreme court.

5. Order the juvenile to pay the monetary assessment or penalty that is applicable to the offense. Except as provided in section 8-341, subsection N, the monetary assessment or penalty shall not exceed $500 payable to the public agency processing the violation. If no monetary assessment or penalty is specified for the offense, the juvenile hearing officer, commissioner or judge of the superior court may order the juvenile to pay not more than $150 payable to the public agency processing the violation.

6. In lieu of a monetary assessment or penalty, order the juvenile to perform a program of work that does not conflict with the juvenile's regular schooling and employment, to repair the victim's property or to provide community restitution.

7. If the juvenile hearing officer, commissioner or judge of the superior court determines that the person charged is eighteen or more years of age, transfer the matter to the appropriate criminal court having jurisdiction.

8. If the juvenile violated any truancy laws, require the juvenile and the juvenile's parents or guardians to participate in a specialized program consisting of counseling, supervision and education under the terms and conditions the juvenile hearing officer, commissioner or judge of the superior court orders.

9. Order the juvenile and one or both of the juvenile's custodial parents to pay restitution to any person who suffered an economic loss as the result of the juvenile's conduct. The juvenile hearing officer, commissioner or judge of the superior court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order. If the juvenile hearing officer, commissioner or judge of the superior court orders one or both of the juvenile's custodial parents to pay restitution, the amount of the order shall not exceed the liability limit established pursuant to section 12-661.

10. Impose sanctions authorized by section 8-343.

11. Reprimand the juvenile and take no further action.

12. Notwithstanding paragraph 5 of this subsection, if the juvenile committed a violation included in title 28 that is not declared to be a felony, order the juvenile to pay lawful surcharges, fines, civil penalties and assessments.

G. A record of the proceedings before a juvenile hearing officer may be made by a court reporter, videotape or audiotape or any other method approved by the supreme court that accurately reproduces what occurred at the proceeding.

H. Within five days after receiving the citation, the juvenile hearing officer shall notify the juvenile court that the juvenile has been charged with an offense by citation and shall indicate the listed charges. The juvenile hearing officer shall retain jurisdiction of the case until all orders made under this section have been fully complied with.  Within five days after disposition, the juvenile hearing officer shall transmit a copy of the citation with the findings and disposition of the court noted on the copy to the juvenile court for record keeping purposes. If appropriate, the juvenile hearing officer shall transmit a copy of the citation to the department of transportation. If on disposition the juvenile fails to comply with any court order, the juvenile hearing officer, in the manner provided by subsection D of this section, may impose any of the sanctions prescribed in subsection F of this section.

I. Subject to an appeal pursuant to section 8-325 all orders of the juvenile hearing officer shall be effective immediately.

J. A city or town attorney or prosecutor shall act on behalf of the state in matters that are heard in a municipal court by a juvenile hearing officer pursuant to this section.  In these matters and on approval of the county attorney, with notice to the presiding judge of the juvenile court, the city or town attorney or the prosecutor may establish diversion programs for offenses other than offenses involving either:

1. A violation of section 28-1381, 28-1382 or 28-1383.

2. The purchase, possession or consumption of spirituous liquor or misdemeanor violations under title 13, chapter 34 if the juvenile has previously participated in a diversion program established pursuant to this subsection at least two times within twenty-four months before the date of the commission of the current offense.
A.R.S. § 8-357 — Arizona Code / Title 8 / Chapter 3 / Article 4 / Section 357
8-357 Budget requests
Status: in_force

8-357. Budget requests

The presiding juvenile judge of the superior court in the county shall annually submit a proposed budget for the following fiscal year for the juvenile intensive probation program to the supreme court. The supreme court shall review each request and include the counties' requests in its annual budget request and shall allocate to the participating counties the monies appropriated by the legislature for intensive probation.
A.R.S. § 8-106.01 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 106.01
8-106.01 Putative fathers registry; claim of paternity; adoptive interest
Status: in_force

8-106.01. Putative fathers registry; claim of paternity; adoptive interest

A. A person who is seeking paternity, who wants to receive notice of adoption proceedings and who is the father or claims to be the father of a child shall file notice of a claim of paternity and of his willingness and intent to support the child to the best of his ability with the state registrar of vital statistics in the department of health services. The department of health services shall provide forms for the purpose of filing the notice of a claim of paternity. Forms shall be made available in the department of health services, the office of the clerk of the board of supervisors in each county, every hospital, every licensed child placement agency, the department of economic security, the department of child safety, sheriff's offices, jails, prisons, state department of corrections facilities and department of juvenile corrections facilities.

B. The notice of a claim of paternity may be filed before the birth of the child but shall be filed within thirty days after the birth of the child. The notice of a claim of paternity shall be signed by the putative father and shall include his name and address, the name and last known address of the birth mother and either the birth date of the child or the probable month and year of the expected birth of the child. The putative father who files a notice of a claim of paternity under this section shall notify the registrar of vital statistics of any change of his address. The department of health services shall maintain a confidential registry for this purpose. The department shall only respond to written inquiries of the confidential registry that are received from the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption. The department shall provide a certificate signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers listing all filings found or stating that no filing has been found pertaining to the father of the child in question.

C. If the court determines the claimant is not the child's father it shall notify the department of health services and shall order the department to remove that person's name from the putative fathers registry.

D. If the mother denies that the putative father filing the notice of a claim of paternity is the father, the department of health services shall notify the putative father of his responsibility to establish paternity.

E. A putative father who does not file a notice of a claim of paternity as required under this section waives his right to be notified of any judicial hearing regarding the child's adoption and his consent to the adoption is not required, unless he proves, by clear and convincing evidence, both of the following:

1. It was not possible for him to file a notice of a claim of paternity within the period of time specified in subsection B of this section.

2. He filed a notice of a claim of paternity within thirty days after it became possible for him to file.

F. Lack of knowledge of the pregnancy is not an acceptable reason for failure to file. The fact that the putative father had sexual intercourse with the mother is deemed to be notice to the putative father of the pregnancy.

G. When a certificate provided pursuant to subsection B of this section is received by the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption from the department that lists filings of a putative father or fathers, the putative father or fathers who filed timely notices of claims of paternity and who have not previously been served shall be served with the notice prescribed in section 8-106, subsection G. A putative father who fails to file a paternity action pursuant to title 25, chapter 6, article 1 within thirty days of completion of service of the notice prescribed in section 8-106 is barred from bringing or maintaining any action to assert any interest in the child.

H. If in any adoption proceeding there is not a showing that a putative father has consented to the adoption or has waived his rights regarding the proposed adoption, the petitioner shall file with the court, before the court enters a final decree of adoption, a certificate from the department of health services signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers and that no filing has been found pertaining to the father of the child in question.
A.R.S. § 8-1192 — Arizona Code / Title 8 / Chapter 13 / Article 5 / Section 1192
8-1192 Powers and duties
Status: in_force

8-1192. Powers and duties

(Caution:  1998 Prop. 105 applies)

A. The early childhood development and health board shall:

1. Conduct a biannual assessment of existing early childhood development and health programs in the state of Arizona, including an analysis of any unmet early childhood development and health needs of Arizona children; utilization of available federal, state and private funds; suggestions for improved program coordination; and outcomes for children and families.  The board shall submit a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives on or before December 15 of every odd-numbered year beginning in 2007 and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.  The report shall be distributed in accordance with section 41-4153.

2. Review and approve the biannual regional needs and assets assessments prepared pursuant to section 8-1161.

3. Administer the distribution of funds from the early childhood development and health fund established by section 8-1181 for programs and grants in accordance with the provisions of sections 8-1161 and 8-1173.

4. Prepare an annual report describing the activities of the board, including a description of funds distributed and spent pursuant to sections 8-1161, 8-1173 and 8-1192 and a description of the outcomes for children and families achieved by the board, the regional partnership councils, and the grant recipients.  The board shall submit the report to the governor, the president of the senate and the speaker of the house of representatives on or before September 15 of each year, beginning in 2008, and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.  The report shall be distributed in accordance with section 41-4153.

5. Solicit private funds from individuals, corporations and foundations to support improving quality of and access to early childhood development and health opportunities for Arizona children.  Solicited funds shall be deposited into the private gifts account of the early childhood development and health fund pursuant to section 8-1182 and may be spent on statewide or regional grants or direct programs.

6. Keep a record of its own proceedings.

7. Adopt procedures for its meetings and elect officers.

8. Coordinate with other agencies involved with early childhood development and health issues.

B. The early childhood development and health board may:

1. Authorize expenditure of funds from the early childhood development and health fund established by section 8-1181 for programs and services to enhance the quality of or access to early childhood development and health opportunities for Arizona children.  These funds may be used to operate programs and services provided directly by the board, to fund statewide grant programs, or to fund regional or local grants to test innovative early childhood development and health programs.

2. Authorize expenditure of funds from the grant monies and private gifts accounts for programs and services to enhance the quality of or access to early childhood development and health opportunities for Arizona children.

3. Adopt rules pursuant to title 41, chapter 6 to carry out this chapter.

4. Contract with any private party and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any public agency.

5. Sue and be sued.

6. Hire staff and consultants, including legal counsel.
A.R.S. § 8-501 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 501
8-501 Definitions
Status: in_force

8-501. Definitions

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

1. "Child developmental certified home" means a regular foster home that is licensed pursuant to section 8-509 and that is certified by the department of economic security pursuant to section 36-593.01.

2. "Child welfare agency" or "agency":

(a) Means:

(i) Any agency or institution that is maintained by a person, firm, corporation, association or organization to receive children for care and maintenance or for twenty-four hour social, emotional or educational supervised care or who have been adjudicated as a delinquent or dependent child.

(ii) Any institution that provides care for unmarried mothers and their children.

(iii) Any agency that is maintained by this state, a political subdivision of this state or a person, firm, corporation, association or organization to place children or unmarried mothers in a foster home.

(b) Does not include state operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to title 36, chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques.

3. "Division" or "department" means the department of child safety.

4. "Former dependent child" means a person who was previously adjudicated a dependent child in a dependency proceeding that has been dismissed by order of the juvenile court.

5. "Foster child" means a child placed in a foster home or child welfare agency.

6. "Foster home" means a home that is maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.

7. "Foster parent" means any individual or individuals maintaining a foster home.

8. "Group foster home" means a licensed regular or special foster home that is suitable for placement of more than five minor children but not more than ten minor children.

9. "Out-of-home placement" means the placing of a child in the custody of an individual or agency other than with the child's parent or legal guardian and includes placement in temporary custody pursuant to section 8-821, voluntary placement pursuant to section 8-806 or placement due to dependency actions.

10. "Parent" means the natural or adoptive mother or father of a child.

11. "Reason for leaving care" means one of the following:

(a) Reunification with a parent or primary caretaker.

(b) Living with another relative.

(c) Adoption by a relative.

(d) Adoption by a foster parent.

(e) Adoption by another person.

(f) Age of majority.

(g) Guardianship by a relative.

(h) Guardianship by another person.

(i) Transfer to another agency.

(j) Runaway.

(k) Death.

12. "Receiving foster home" means a licensed foster home that is suitable for immediate placement of children when taken into custody or pending medical examination and court disposition.

13. "Regular foster home" means a licensed foster home that is suitable for placement of not more than five minor children.

14. "Relative" means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or first cousin.

15. "Restrictive behavior management" means an intervention or procedure that attempts to guide, redirect, modify or manage behavior through the use of any of the following:

(a) Physical force to cause a child to comply with a directive. Physical force does not include physical escort.  For the purposes of this subdivision, "physical escort" means temporarily touching or holding a child's hand, wrist, arm, shoulder or back to induce the child to walk to a safe location.

(b) A device, action or medication to restrict the movement or normal function of a child in order to control or change the child's behavior and that includes:

(i) Chemical restraint.  For the purposes of this item, "chemical restraint" means the use of any psychoactive medication as a restraint to control the child's behavior or to restrict the child's freedom of movement and that is not a standard treatment for the child's medical or psychiatric condition.

(ii) Mechanical restraint. For the purposes of this item, "mechanical restraint" means the use of any physical device to limit a child's movement and to prevent the child from causing harm to self or to others. Mechanical restraint does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets or any other method that involves the physical holding of a child to conduct a routine physical examination or test or to protect the child from falling out of bed or to permit the child to participate in activities in order to reduce the risk of physical harm to the child.

(iii) Physical restraint.  For the purposes of this item, "physical restraint" means applying physical force to reduce or restrict a child's ability to freely move the child's arms, legs or head.  Physical restraint does not include temporarily holding a child to permit the child to participate in activities of daily living if this holding does not involve the risk of physical harm to the child.

(iv) Seclusion.  For the purposes of this item, "seclusion" means placing a child against the child's will in a room in which the child is unable to open the door in order to prevent the child from doing harm to self or others.

16. "Special foster home" means a licensed foster home that is capable of handling not more than five minor children who require special care for physical, mental or emotional reasons or who have been adjudicated delinquent.  Special foster home includes any home handling foster children aged twelve through seventeen.

B. A foster home or any classification of foster home defined in subsection A of this section includes a home having the care of persons who are under twenty-one years of age and the cost of whose care is provided pursuant to section 8-521.01.
A.R.S. § 8-408 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 408
8-408 Return of victim's property; release of evidence
Status: in_force

8-408. Return of victim's property; release of evidence

A. On request of the victim and after consultation with the prosecuting attorney, the law enforcement agency responsible for investigating the delinquent act shall return to the victim any property belonging to the victim that was taken during the course of the investigation or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.

B. If the victim's property has been admitted as evidence during a hearing, the court may order its release to the victim if a photograph or photocopy can be substituted. If evidence is released pursuant to this subsection, the accused's attorney or investigator may inspect and independently photograph or photocopy the evidence before it is released.
A.R.S. § 8-291.06 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.06
8-291.06 Privilege against self-incrimination; sealed reports
Status: in_force

8-291.06. Privilege against self-incrimination; sealed reports

A. The privilege against self-incrimination applies to any examination or to any statement that is made to restoration personnel during the course and scope of a court ordered restoration program.

B. Any evidence or statement that is obtained during an examination or any evidence or statement that is made to restoration personnel during the course and scope of a restoration program is not admissible in any proceeding to determine the juvenile's guilt or innocence unless the juvenile presents evidence that is intended to rebut the presumption of sanity.

C. Any statement that a juvenile makes during any examination, any statement that a juvenile makes to restoration personnel during the course and scope of a restoration program or any evidence resulting from the statement concerning any other event or transaction is not admissible in any proceeding to determine the juvenile's guilt or innocence of any other charges that are based on those events or transactions.

D. Any statement that the juvenile makes during an examination, any part of the evaluations that is obtained during an examination or any statements that the juvenile makes to restoration personnel during the course and scope of a restoration program may not be used for any purpose without either:

1. The written consent of the juvenile or the juvenile's guardian.

2. A court order that is entered by the court that ordered the examination or that is conducting a dependency or severance proceeding.

E. After an admission or adjudication of delinquency or after the juvenile is found to be unable to be restored to competence, the court shall order all of the reports that are submitted pursuant to this article to be sealed.  The court may order that the reports be opened only as follows:

1. For use by the court or juvenile, or by the prosecutor if otherwise permitted by law, for further competency or sanity evaluations.

2. For statistical analysis.

3. When the records are deemed to be necessary to assist in mental health treatment pursuant to this article or section 13-502.

4. For use by the probation department, the state department of corrections if the juvenile is in the custody of or is scheduled to be transferred into the custody of the state department of corrections or the department of juvenile corrections for the purposes of assessment and supervision or monitoring of the juvenile by that department.

5. For use by a mental health treatment provider that provides treatment to the juvenile or that assesses the juvenile for treatment.

6. For data gathering.

7. For scientific study.

F. If the court orders reports to be open for the purposes of statistical analysis, data gathering or scientific study pursuant to subsection E of this section, the reports shall be anonymous.

G. Any statement that a juvenile makes during an examination, any statement that a juvenile makes to restoration personnel during the course and scope of a restoration program or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509.
A.R.S. § 8-391 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 391
8-391 Notice of adjudication; impact statement
Status: in_force

8-391. Notice of adjudication; impact statement

A. On request the prosecutor's office, within fifteen days after the adjudication, transfer, acquittal or dismissal of the charges against the accused, shall give notice to the victim of the offense or offenses for which the accused was adjudicated delinquent, transferred for adult prosecution or acquitted or of the charges dismissed against the juvenile defendant.

B. If the juvenile is adjudicated delinquent and the victim has requested notice, the prosecutor's office shall notify the victim, if applicable, of:

1. The function of the predisposition report.

2. The name and telephone number of the probation department that is preparing the predisposition report.

3. The right to make a victim impact statement under section 8-404.

4. The right to receive portions of the predisposition report pursuant to section 8-404, subsection C.

5. The right to be present and be heard at any predisposition or disposition proceeding pursuant to section 8-405.

6. The time, place and date of the disposition proceeding.

7. If the court orders restitution, the right to have a judgment entered for any unpaid amount and to file a restitution lien pursuant to section 8-345.

8. The right of the defense to view the predisposition report.

C. The victim shall be informed that the victim's impact statement may include the following:

1. An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.

2. An explanation of the extent of any economic loss or property damage suffered by the victim.

3. An opinion of the need for and extent of restitution.

4. Whether the victim has applied for or received any compensation for the loss or damage.

D. Notice provided pursuant to this section does not remove the probation department's responsibility to initiate the contact between the victim and the probation department concerning the victim's economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of the disposition proceeding and of the victim's right, if present, to be heard at that proceeding.
A.R.S. § 8-469 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 469
8-469 Child safety fatality and near fatality review team; membership; duties; definition
Status: in_force

8-469. Child safety fatality and near fatality review team; membership; duties; definition

A. The child safety fatality and near fatality review team is established in the department of child safety to review all reports of fatalities and near fatalities of a child made to the child abuse hotline. The team shall:

1. Hold regular multidisciplinary team meetings to review reports of child fatalities or near fatalities where the department had prior involvement with the child, the child's family or the perpetrator.

2. Identify systemic trends that influence decisions and actions made by the department.

3. Recommend changes to policy and practice to improve outcomes for children and families.

4. Promote a culture of psychological safety within the department by responding to fatality and near fatality cases in a manner that promotes learning, transparency and employee health.

5. Produce an annual child fatality and near fatality report as prescribed by subsection E of this section.

6. Select cases that present opportunities for systemic learning or that demonstrate opportunities for systemic change and respond to requests for further information by a standing committee of the legislature, a joint legislative oversight committee or another committee appointed by the president of the senate or the speaker of the house of representatives.

B. The child safety fatality and near fatality review team shall hold regular multidisciplinary team meetings to:

1. Review reports of child fatalities or near fatalities made to the child abuse hotline where the department had involvement with the child, the child's family or the perpetrator within the prior three years.

2. Select cases for systemic learning and order the child safety fatality and near fatality review team to do a systemic critical incident review of those cases.

3. Receive findings from systemic critical incident reviews at least quarterly and recommend changes to department policy and practice.

C. The multidisciplinary team shall consist of department employees designated by the director. The director shall also appoint, at a minimum, the following public members who shall be trained in safe system improvement:

1. A licensed pediatrician who has professional experience relating to child abuse and neglect.

2. A peace officer who has experience investigating child abuse and neglect fatalities and near fatalities.

3. A practicing social worker.

4. A behavioral health practitioner.

5. An attorney who has past professional experience representing children in child abuse and neglect cases.

D. In conducting child fatality and near fatality reviews, the multidisciplinary team may consult with the department of health services, the department of economic security, the Arizona health care cost containment system or any other governmental entity that may have information pertinent to a child fatality or near fatality.

E. The department shall produce an annual report of information gathered during its review of child fatalities and near fatalities.  This report shall include all of the following:

1. The total number of fatality and near fatality reports in a fiscal year, by county.

2. The number of allegations that are substantiated and unsubstantiated.

3. The number of reports due to abuse and whether the reports were substantiated or unsubstantiated.

4. The number of reports due to neglect and whether the reports were substantiated or unsubstantiated.

5. The number of reports where the family had previous department involvement.

6. Systemic trends that influence the practice and decisions made by the department and areas for improvement.

7. Details of cases that present opportunities for systemic learning or that demonstrate opportunities for systemic change.

F. Multidisciplinary team meetings are not subject to title 38, chapter 3, article 3.1.

G. The department shall present the report required by subsection E of this section at a public meeting of a standing committee of the legislature, a joint legislative oversight committee or a committee appointed by the president of the senate or the speaker of the house of representatives for the purpose of informing policymakers on systemic changes required to improve the child welfare system unless the applicable committee deems it necessary to hold an executive session to protect the privacy or safety of individuals involved in the fatality or near fatality. Information may not be further disclosed unless a court orders the disclosure of this information, the information is disclosed in a public or court record or the information is disclosed in the course of a public meeting or court proceeding.  The committee may go into executive session to receive confidential information.

H. The child safety fatality and near fatality review team shall respond to requests for additional information regarding a child fatality or near fatality made pursuant to section 41-1292, subsection D within ninety days after receiving the request.

I. Except as provided in sections 8-807 and 8-807.01, information gathered pursuant to this section is confidential. Public members of the team may receive confidential department information but may not further disclose the information unless authorized by law.

J. For the purposes of this section, "systemic critical incident review" means the process by which the department evaluates fatalities, near fatalities and critical incidents to identify patterns in the factors that influence decisions and actions and to improve the quality of outcomes for children and families receiving services from the department.
A.R.S. § 8-465 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 465
8-465 Auditor general; department audit team; duties
Status: in_force

8-465. Auditor general; department audit team; duties

A. The auditor general shall establish an audit team to be located in the department of child safety to provide ongoing performance reviews and analyses.

B. Pursuant to an audit plan adopted after review by the joint legislative audit committee, the audit team may:

1. Determine the validity and accuracy of information reported by the department to the legislature.

2. Perform other reviews and analyses relating to the department.

3. Review a specific department function or process.

C. Pursuant to section 41-1279.04, the department shall provide the auditor general access to any data from the department, including electronic data, that the auditor general deems necessary to perform the duties prescribed in this section.  This data shall be provided in the manner and format prescribed by the auditor general.
A.R.S. § 8-515.03 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 515.03
8-515.03 Duties of local foster care review boards
Status: in_force

8-515.03. Duties of local foster care review boards

A. Local foster care review boards shall:

1. Review within six months of placement and at least once every six months thereafter the case of each child who remains in out-of-home placement and who is the subject of a dependency action to determine what efforts have been made by the department and the agency with which the child has been placed to carry out the case plan for the permanent placement of such child. The review period for out-of-home placement includes time that a child is in voluntary placement pursuant to section 8-806.  The court and the department shall review a local foster care review board's findings and recommendations at the next scheduled dependency review hearing and the court shall address the board's recommendations on the record. The department shall provide the local foster care review board with written notice within ten business days of the date of the receipt of the recommendation if the department intends to accept or not implement the board's recommendations.

2. Allow a child's parents and grandparents to attend the local foster care review board's review of the case.  The parent or grandparent may be accompanied at the review by an advocate of the parent's or grandparent's choice.

3. Review any case assigned by the juvenile court for early review of the case plan within sixty days after the removal of a child from that child's home.

4. Submit to the juvenile court within thirty days following the review its findings and recommendations regarding the efforts and progress made by the department and agency to carry out the case plan, together with any other recommendations it chooses to make regarding the child.  The findings and recommendations shall include the date of the next review.  A copy of such findings and recommendations shall be sent to the division or the agency, if the juvenile court has awarded custody of the child to the agency, and to such other interested parties as the court may require.

5. Encourage and facilitate the timely return of children to their natural parents or, if the board finds that one or more of the grounds listed in section 8-533 may exist, encourage the appropriate agency to initiate such procedures as would make the child eligible for adoption, followed by a maximum effort by the agency to place the child for adoption.

6. Encourage the department and all agencies involved in placing children in out-of-home placement to exert all possible efforts to make arrangements for permanent plans for children for whom return to natural parents or adoption is determined to be infeasible or impossible.

7. Promote and encourage the department and all agencies involved in placing children in foster care to maximize stability and family continuity for children in foster care by discouraging unnecessary changes in the placement of foster children and by recruiting foster parents who may be suitable and eligible as adoptive parents.

8. Assist the department and agencies in informing natural parents, foster parents and other interested parties of their rights and responsibilities with respect to any child in out-of-home placement.  Natural parents, foster parents and other interested parties may be involved in the review process when appropriate.

9. Make recommendations to the state board regarding foster care policies and procedures as they relate to the children assigned for their review.

B. The department shall provide to the supreme court direct remote access to all automated case management systems that are used by the department for the supreme court to use in assisting a local foster care review board in performing the board's duties.  If information is not available through the department's automated case management systems, the department shall provide the supreme court with a hard copy of all records kept by the department for the supreme court to use in assisting a local foster care review board in performing the board's duties.
A.R.S. § 8-515.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 515.01
8-515.01 Local foster care review boards; appointment; exclusions; terms; training; compensation; meetings
Status: in_force

8-515.01. Local foster care review boards; appointment; exclusions; terms; training; compensation; meetings

A. The presiding judge of the juvenile court in each county shall establish local foster care review boards for the review of cases of children who are in out-of-home placement and who are the subject of a dependency action to assist in the review required pursuant to section 8-862. The judge shall establish one board for each one hundred children, or fraction of that number. The judge may decide not to create an additional review board if the number of children assigned to a review board exceeds one hundred by fewer than fifty children. The boards shall consist of at least five regular members. The judge may appoint one alternate member for each board if deemed necessary. The alternate member shall receive the same level of access to all necessary records, reports and data as a regular board member and shall serve on the review board in the absence of one of the regular members. Each board, to the maximum extent feasible, shall represent the various socioeconomic, racial and ethnic groups of the county in which it serves. A list of the members of each local board shall be sent to the supreme court.

B. The presiding judge shall not appoint a person employed by the division or the juvenile court to a local board.

C. On the appointment of a new local board, regular board members shall divide themselves by lot into three classes as nearly equal in number as possible. Members of the first class shall serve for a term of one year, members of the second class shall serve for a term of two years and members of the third class shall serve for a term of three years. All subsequent local board members, including alternate members, shall serve for a term of three years, except if a member has been appointed to fill a vacancy occasioned other than by the expiration of a full term of office. The term of each member shall expire on the third Monday in January of the appropriate year. Members shall continue to serve until a successor is appointed. In the event a vacancy occurs on the local board, the judge shall appoint another person to serve the unexpired portion of the term.

D. A person shall not remain on a local board unless the person participates in the training established pursuant to section 8-515.04.

E. Each local board shall elect a chairman and a vice-chairman and other officers as it deems necessary.

F. Local board members shall be compensated pursuant to title 38, chapter 4, article 2.

G. Each local board shall meet, at a place designated by the juvenile court, as often as it deems necessary to carry out the duties of the local board. A local board shall not meet less than twice annually.
A.R.S. § 8-105 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 105
8-105 Preadoption certification; investigation; central adoption registry
Status: in_force

8-105. Preadoption certification; investigation; central adoption registry

A. Before any prospective adoptive parent may petition to adopt a child the person shall be certified by the court as acceptable to adopt children. A certificate shall be issued only after an investigation conducted by an officer of the court, by an agency, by the department or by an entity contracted by the department to do an investigation and home study for foster home licensing or preadoption certification. A written application for certification shall be made directly to the court, to an agency, to the department or to an entity contracted by the department, in the form and content required by the court, agency or department.

B. The department is not required to accept every application for certification. In determining which applications to accept the department may give priority to applications filed by adult residents of this state who wish to adopt a child who has any special needs as defined in section 8-141.

C. After receiving and accepting the written and completed application of the prospective adoptive parent or parents, which shall include a financial statement and a physician's or a registered nurse practitioner's statement of each applicant's physical health, the department, the agency, an officer of the court or the entity contracted by the department shall conduct or cause to be conducted an investigation of the prospective adoptive parent or parents to determine if they are fit and proper persons to adopt children.

D. The department shall not present for certification a prospective adoptive parent unless that person and each other adult member of the household have a valid fingerprint clearance card issued pursuant to section 41-1758.07. The prospective adoptive parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether that person is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

E. An officer of the court may 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.

F. This investigation and report to the court shall consider all relevant and material facts dealing with the prospective adoptive parents' fitness to adopt children and shall include:

1. A complete social history.

2. The financial condition of the applicant.

3. The moral fitness of the applicant.

4. The religious background of the applicant.

5. The physical and mental health condition of the applicants.

6. Any court action for or adjudication of child abuse, abandonment of children, dependency or termination of parent-child relationship in which the applicant had control, care or custody of the child who was the subject of the action.

7. Whether the person or persons wish to be placed on the central registry established in subsection M of this section.

8. All other facts bearing on the issue of the fitness of the prospective adoptive parents that the court, agency or department may deem relevant.

G. The investigator shall not reveal to the prospective adoptive parents the identity of a child or the child's parent or parents and shall not reveal to the child or the child's parent or parents the identity of the prospective adoptive parents if these facts are not already known.

H. Within ninety days after the original application prescribed by subsection A of this section has been accepted, the department, the agency or the entity contracted by the department or a person or agency designated by the court to conduct an investigation shall present to the juvenile court the written report required by subsection F of this section, which shall include a definite recommendation for certifying the applicant as being acceptable or nonacceptable to adopt children and the reasons for the recommendation.

I. Within sixty days after receiving the investigation report required by subsections F and H of this section, the court shall certify the applicant as being acceptable or nonacceptable to adopt children based on the investigation report and recommendations of the report. A certification remains in effect for eighteen months from the date of its issuance and may be extended for additional one year periods if after review the court finds that there have been no material changes in circumstances that would adversely affect the acceptability of the applicant to adopt.

J. The court may require additional investigation if it finds that additional information is necessary on which to make an appropriate decision regarding certification.

K. Any applicant who has been certified as nonacceptable may petition the court to review that certification. Notice shall be given to all interested parties and notice may be given to the foster care review board if the child sought to be adopted is in out-of-home placement and is a dependent child or the subject of a dependency action.  The matter shall be heard by the court, which may affirm or reverse the certification.

L. If the applicant is certified as nonacceptable, the applicant may not reapply for certification to the court, to any agency, to the department or to an entity contracted by the department for one year.

M. The department shall maintain a central adoption registry that includes the names of all prospective adoptive parents currently certified by the court as acceptable to adopt children, except those who request that their names not be included, the names of all children who are under the jurisdiction of the department and who are currently available for adoption, the names of any other children who are currently available for adoption and whose names are voluntarily entered in the registry by any agency, parent or other person that has the right to give consent to the child's adoption, and other information as the department may elect to include in aid of adoptive placements.  Access to information in the registry shall be made available on request to any agency under assurances as the department may require that the information sought is in furtherance of adoptive placements and that confidentiality of the information is preserved.

N. This section does not apply if:

1. The prospective adoptive parent is the spouse of the birth or legal parent of the child to be adopted or is an uncle, aunt, adult sibling, grandparent or great-grandparent of the child of the whole or half-blood or by marriage or adoption.

2. The birth or legal parent is deceased but at the time of death the parent had legal and physical custody of the child to be adopted and the child had resided primarily with the spouse of the birth or legal parent during the twenty-four months before the death of the parent.

3. The grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling is deceased but at the time of death that person had legal and physical custody of the child to be adopted and the child had resided primarily with the spouse of the grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling during the twenty-four months before the death of the grandparent, great-grandparent, uncle, aunt, great-uncle, great-aunt or adult sibling.

4. The applicant is a licensed foster parent who is petitioning to adopt a child currently placed by the department in the foster parent's home and the department recommends the adoption of the child by the foster parent applicant.

O. If the applicant is not a licensed foster parent and has adopted a child within three years preceding the current application and is applying to adopt another child, the department, the agency or an entity contracted by the department or a person designated by the court to conduct an investigation shall only provide an update report on any changes in circumstances that have occurred since the previous certification.  If the applicant has adopted a child more than three years before the current application and is applying to adopt another child, the department, the agency or an entity contracted by the department or a person designated by the court to conduct an investigation may provide an updated report on any changes in circumstances that have occurred since the previous certification. The court shall certify the applicant as acceptable to adopt unless there are changes in circumstances that adversely affect the applicant's parenting ability. In making this determination, the court shall consider information from the prior certification.
A.R.S. § 8-105.03 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 105.03
8-105.03 Adoption information from local community organizations
Status: in_force

8-105.03. Adoption information from local community organizations

The division shall establish and administer a child placement program that uses community organizations to inform communities about the adoption process and the need for adoptive homes. For purposes of this section, religiously affiliated organizations may qualify as community organizations provided that no state funding may be used for religious purposes.
A.R.S. § 8-365 — Arizona Code / Title 8 / Chapter 3 / Article 5 / Section 365
8-365 Responsibilities of state departments, agencies and officers
Status: in_force

8-365. 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 that may be within their respective jurisdictions.
A.R.S. § 8-245 — Arizona Code / Title 8 / Chapter 2 / Article 4 / Section 245
8-245 Physical and mental care
Status: in_force

8-245. Physical and mental care

A. When a child under the jurisdiction of the juvenile court appears to be in need of medical or surgical care, the juvenile court may order the parent, guardian or custodian to provide treatment for the child in a hospital or otherwise.  If the parent, guardian or custodian fails to provide the care as ordered, the juvenile court may enter an order therefor, and the expense, when approved by the juvenile court, shall be a county charge. The court may not order a child or the parent or guardian of a child who is in residential placement as a term of probation, detention or incarceration to pay for treatment expenses.

B. A county with a population of more than one million persons shall pay claims approved by the county from a facility or provider for medical or surgical care to a child that is a county charge pursuant to subsection A of this section, unless otherwise provided by an intergovernmental agreement, as follows:

1. For inpatient and outpatient hospital services, the county shall reimburse at a level that does not exceed the reimbursement methodology established pursuant to section 36-2903.01, subsection G.

2. For health and medical services, the county shall reimburse at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29, article 1 and that is in effect at the time the services are delivered.

C. This section does not prevent a health insurer that is subject to title 20 or an Arizona health care cost containment system contractor from covering an expense related to the child's treatment or care.
A.R.S. § 8-533 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 533
8-533 Petition; who may file; grounds
Status: in_force

8-533. Petition; who may file; grounds

A. Any person or agency that has a legitimate interest in the welfare of a child, including a relative, a foster parent, a physician, the department or a private licensed child welfare agency, may file a petition for the termination of the parent-child relationship alleging grounds contained in subsection B of this section.

B. Evidence sufficient to justify the termination of the parent-child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child:

1. That the parent has abandoned the child.

2. That the parent has neglected or wilfully abused a child.  This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child.

3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.

4. That the parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child, including murder of another child of the parent, manslaughter of another child of the parent or aiding or abetting or attempting, conspiring or soliciting to commit murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.

5. That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8-106, subsection G.

6. That the putative father failed to file a notice of claim of paternity as prescribed in section 8-106.01.

7. That the parents have relinquished their rights to a child to an agency or have consented to the adoption.

8. That the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency, that the agency responsible for the care of the child has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists:

(a) The child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to section 8-806 and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement.

(b) The child who is under three years of age has been in an out-of-home placement for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.

(c) The child has been in an out-of-home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to section 8-806, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.

9. That the identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent.

10. That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.

11. That all of the following are true:

(a) The child was cared for in an out-of-home placement pursuant to court order.

(b) The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services.

(c) The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed.

(d) Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent's legal custody, the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency and the parent is currently unable to discharge parental responsibilities.

12. Clear and convincing evidence that the parent committed a sexual assault against the petitioning parent and the child was conceived as a result of the sexual assault.  If the parent who is the subject of the petition pleads guilty to or is convicted of a violation of section 13-1406 or a violation of an offense in another jurisdiction that if committed in this state would be a violation of section 13-1406, the court may accept the guilty plea or conviction as evidence that the child was conceived as a result of a sexual assault by that parent.  For the purposes of this paragraph:

(a) "Oral sexual contact" has the same meaning prescribed in section 13-1401.

(b) "Sexual assault" means intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person without the consent of that person.

(c) "Sexual intercourse" has the same meaning prescribed in section 13-1401.

C. Evidence considered by the court pursuant to subsection B of this section shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.

D. In considering the grounds for termination prescribed in subsection B, paragraph 8 or 11 of this section, the court shall consider the availability of reunification services to the parent and the participation of the parent in these services.

E. In considering the grounds for termination prescribed in subsection B, paragraph 8 of this section, the court shall not consider the first sixty days of the initial out-of-home placement pursuant to section 8-806 in the cumulative total period.

F. The failure of an alleged parent who is not the child's legal parent to take a test requested by the department or ordered by the court to determine if the person is the child's natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure.
A.R.S. § 8-145 — Arizona Code / Title 8 / Chapter 1 / Article 2 / Section 145
8-145 Appeals
Status: in_force

8-145. Appeals

An order denying, reducing or terminating a subsidy shall be appealable pursuant to title 41, chapter 6, article 6 and chapter 14, article 3.
A.R.S. § 8-413 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 413
8-413 Victim's right to privacy; redaction of victim's name; exceptions; definitions
Status: in_force

8-413. Victim's right to privacy; redaction of victim's name; exceptions; definitions

A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera.

B. A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency shall be redacted by the originating agency and prosecution agencies from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant.

C. Subsection B of this section does not apply to:

1. The victim's name except, if the victim is a minor, the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality, privacy, the rights of the minor or the best interests of this state outweigh the public interest in disclosure.

2. Any records that are transmitted between law enforcement agencies and prosecution agencies or a court.

3. Any records if the victim or, if the victim is a minor, the victim's representative as designated under section 8-384 or 13-4403 has consented to the release of the information.

4. The general location at which the reported crime occurred.

D. On the request of a victim, the victim's name that is obtained, compiled or reported by a law enforcement agency or prosecution agency may be redacted by the originating agency and prosecution agencies from records that pertain to the criminal case involving the victim and that are released pursuant to a public records request if the agency reasonably expects that the release of the victim's name will result in harassment of the victim, threats to the victim's safety or witness tampering.

E. Subsection D of this section does not apply to any of the following:

1. Any record that is transmitted between law enforcement agencies and prosecution agencies or a court or that is disclosed to the defendant, the defendant's attorney or any of the attorney's staff.

2. Any record regarding a victim who is deceased.

3. Any record if the victim or, if the victim is a minor or vulnerable adult as defined in section 13-3623, the victim's representative as designated under section 8-384 or 13-4403 has consented to the release of the information.

4. Any record that a court of competent jurisdiction has ordered to be disclosed or a rule of procedure requires the release of a record to a party.

5. Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case.

F. For the purposes of this section:

1. "Final disposition" has the same meaning prescribed in section 13-4401.

2. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number.

3. "Locating information" includes the victim's address, telephone number, email address and place of employment.
A.R.S. § 8-135 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 135
8-135 Confidential intermediary and fiduciary fund
Status: in_force

8-135. Confidential intermediary and fiduciary fund

A. The confidential intermediary and fiduciary fund is established consisting of the monies received pursuant to section 12-284.03, subsection A, paragraph 8, section 14-5651, subsection A, section 36-341, subsection B and section 41-178, legislative appropriations, donations, fees, grants and contracts to implement the confidential intermediary program established by section 8-134 and the sibling information exchange program established pursuant to section 8-543 and to perform the duties related to fiduciaries pursuant to section 14-5651. The supreme court shall administer the fund subject to legislative appropriation. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. The fund is exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The appropriated funds shall only be used for the designated purposes specified in statute.
A.R.S. § 8-403 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 403
8-403 Plea negotiation
Status: in_force

8-403. Plea negotiation

A. On request of the victim, the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the juvenile accused of committing the delinquent act against the victim will be presented to the court.

B. The court shall not accept a plea agreement unless:

1. The prosecuting attorney advises the court that before requesting the negotiated plea reasonable efforts were made to confer with the victim pursuant to section 8-399.

2. Reasonable efforts are made to give the victim notice of the plea proceeding pursuant to section 8-390 and to inform the victim that the victim has the right to be present and, if present, to be heard.

3. The prosecuting attorney advises the court that to the best of the prosecutor's knowledge notice requirements of this chapter have been complied with and the prosecutor informs the court of the victim's position, if known, regarding the negotiated plea.
A.R.S. § 8-534 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 534
8-534 Contents of petition
Status: in_force

8-534. Contents of petition

A. The petition for the termination of the parent-child relationship filed pursuant to this article shall include, to the best information or belief of the petitioner:

1. The name and place of residence of the petitioner.

2. The name, sex, date and place of birth and residence of the child.

3. The basis for the court's jurisdiction.

4. The relationship of the petitioner to the child or the fact that no relationship exists.

5. The names, addresses and dates of birth of the parents, if known.

6. The names and addresses of the person having legal custody or guardianship of the person or acting in loco parentis to the child or the organization or authorized agency having legal custody or providing care for the child.

7. The grounds on which termination of the parent-child relationship is sought.

8. The names and addresses of the persons or authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred.

B. Whenever possible the court on terminating the parental rights of a birth parent in a termination of parental rights proceeding shall obtain from the birth parent a notarized statement that does both of the following:

1. Acknowledges that when the person who is the subject of the termination of parental rights proceeding reaches eighteen years of age, the person may obtain a copy of the person's original birth certificate as provided in section 36-340.

2. Grants or withholds consent for the person who is the subject of the termination of parental rights proceeding to review adoption records, if the person is subsequently adopted, when the person reaches eighteen years of age.

C. A copy of any relinquishment or consent and the notarized consent pursuant to section 8-106, subsection F, if any, previously executed by the parent shall be attached to the petition.
A.R.S. § 8-824 — Arizona Code / Title 8 / Chapter 4 / Article 9 / Section 824
8-824 Preliminary protective hearing; probable cause; appointment of counsel
Status: in_force

8-824. Preliminary protective hearing; probable cause; appointment of counsel

A. The court shall hold a preliminary protective hearing to review the taking into temporary custody of a child pursuant to section 8-821 not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays, Sundays and holidays. If clearly necessary to prevent abuse or neglect, to preserve the rights of a party or for other good cause shown, the court may grant one continuance that does not exceed five days.

B. The following persons shall be present at the preliminary protective hearing:

1. The child's parents or guardian, unless they cannot be located or they fail to appear in response to the notice.

2. Counsel for the parents if one has been requested or retained.

3. The child's guardian ad litem or attorney.

4. The child safety worker and additional representatives of the department if requested by the department.

5. Counsel for the child safety worker.

C. If the court finds that it is in the best interests of the child, the court may allow the following to be present at the preliminary protective hearing:

1. The child.

2. Any relative or other interested person with whom the child is or might be placed as described in section 8-845, subsection A.

3. Witnesses called by the parties.

4. An advocate or interested person as requested by the parent or guardian.

5. Other persons who have knowledge of or an interest in the welfare of the child.

D. At the hearing, the court shall advise the parent or guardian of the following rights:

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

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

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

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

E. At the hearing, the court:

1. Shall receive a report of any agreement reached pursuant to section 8-823, subsection D. The report may be made orally.

2. Shall provide an opportunity for the child's parent or guardian, if present, and any other person who has relevant knowledge, to provide relevant testimony.

3. May limit testimony and evidence that is beyond the scope of the removal of the child, the child's need for continued protection, placement, visitation and services to be provided to the child and family.

4. May take into consideration as a mitigating factor the participation of the parent or guardian in the healthy families program established by section 8-481.

5. 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.

6. Shall inform the child's parent or guardian that the hearing may result in further proceedings to terminate parental rights.

7. Shall order the parent or guardian to provide the court with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent or guardian shall inform the court of this fact.  The court shall further order the parent or guardian to inform the department immediately if the parent or guardian becomes aware of information related to the existence or location of a relative or person with a significant relationship to the child.

8. Shall inform the parent that substantially neglecting or wilfully refusing to remedy the circumstances that cause the child to be in an out-of-home placement, including refusing to participate in reunification services, is grounds for termination of parental rights to a child.

9. Shall give paramount consideration to the health and safety of the child.

10. Shall determine whether the department is attempting to identify and assess placement of 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.

11. Shall inform a foster parent, a preadoptive parent or a member of the child's extended family with whom the department has placed the child of the right to be heard in any proceeding to be held with respect to the child.

F. The petitioner has the burden of presenting evidence as to whether there is probable cause to believe that continued temporary custody is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition.

G. The department must make reasonable efforts to place a child with siblings and, if that is not possible, to maintain frequent visitation or other ongoing contact between all siblings.

H. If the child is in the temporary custody of the department, the department shall submit not later than the day before the hearing a written report to the court and the parties that states:

1. The reasons the child was removed from the parent's or guardian's custody.

2. Any services that have been provided to the child or the child's parent or guardian to prevent removal.

3. The need, if any, for continued temporary custody.

4. The types of service needed to facilitate the return of the child to the custody of the child's parents or guardian.

5. If the child is not placed with a grandparent, whether the child has any relatives or other interested parties as described in section 8-845, subsection A who may be able and willing to take temporary custody.

6. Any services that are requested by the parent or guardian but that are not provided and the reasons the services were not provided.

7. What efforts the department has made to place siblings together, and if they are not placed together, the specific reasons why this did not occur.

8. If the placement of siblings together was not possible for all or any of the siblings, efforts the department has made to facilitate communications among siblings and a proposal for frequent visitation or contact pursuant to subsection G of this section.  If frequent visitation or contact with siblings is not recommended, the department shall state the reasons why this would be contrary to the child's or a sibling's safety or well-being.

9. A proposal for visitation with the child's parents or guardian and the results of any visitation that has occurred since the child was removed.  The requirements of this paragraph do not apply to a specific parent or guardian if there is a court order relating to a criminal case that prohibits that parent or guardian from contact with the child. Before the department allows visitation it must first 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.

10. A proposed case plan for services to the family.

11. The department's efforts to identify, notify and assess adult relatives of the child and persons with a significant relationship with the child pursuant to section 8-514.07.

I. The parent or guardian shall state whether the parent or guardian admits or denies the allegations in the petition filed pursuant to section 8-841. 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 D of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.

J. At the hearing, if the child is not returned to the parent or guardian, the court shall:

1. Enter orders regarding the placement of the child pending the determination of the dependency petition and visitation, if any.

2. If a relative is identified as a possible placement for the child, notify the relative of the right to be heard in any proceeding to be held with respect to the child.

3. Determine if the tasks and services set forth in the case plan are reasonable and necessary to carry out the case plan.
A.R.S. § 8-114 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 114
8-114 Monies paid to or for parent; court approval; attorney fees; accounting; disallowance; exception
Status: in_force

8-114. Monies paid to or for parent; court approval; attorney fees; accounting; disallowance; exception

A. The court may approve any monies paid to a parent of a child placed for adoption or another person for the benefit of the parent or adopted child for reasonable and necessary expenses incurred in connection with the adoption. These expenses may include costs for medical and hospital care and examinations for the mother and child, counseling fees, legal fees, agency fees, living expenses and any other costs the court finds reasonable and necessary.

B. A person who wishes to pay the living expenses of a birth parent that exceed one thousand dollars shall file a motion with the court to permit that payment. On the filing of a petition the court shall hold a hearing within ten days, unless the hearing is waived for good cause shown.  The court shall approve living expenses that the person has paid, unless found unreasonable.  The person who wishes to pay the one thousand dollars in living expenses of a birth mother shall file an affidavit with the court signed by the birth mother verifying that the birth mother has been given written notice and that she understands that the payment of these expenses by any person does not obligate the birth mother to place the child for adoption and that a valid consent to the adoption can only be given after the child's birth without regard to any cost or expense paid by any person in connection with the adoption. A maximum of one thousand dollars may be advanced for birth parent living expenses without a motion.  In determining what living expenses are reasonable and necessary, the court shall consider but not be limited to the following factors:

1. The current standard of living of the birth parent.

2. The standard of living necessary to preserve the health and welfare of the birth parent and the unborn child.

3. The existence of alternative financial resources for the birth parent.

C. Except as provided in subsection A, a person shall not be directly or indirectly compensated for giving or obtaining consent to place a child for adoption.

D. An attorney may be paid for the attorney's services in connection with adoption, paternity and severance proceedings only the amount the court approves as being reasonable and necessary.

E. Not fewer than ten days before a petition to adopt a child is heard, the prospective adoptive parent shall file with the court a verified accounting in the form specified by court rules of all fees, payments, disbursements or commitments of anything of value made or agreed to be made by the prospective adoptive parent or for the benefit of the prospective adoptive parent in connection with the adoption. The accounting shall include all living expenses, including living expenses advanced pursuant to subsection B for which a motion is not required, and shall be accompanied by an affidavit that is signed by the birth mother, either before or after the birth of the child, that verifies that she has been given written notice and that she understands that the payment of these expenses does not obligate her to place her child for adoption and that she may give a valid consent to the adoption only after the child's birth without regard to any cost or expense paid by any person in connection with the adoption.  This subsection does apply to an agency placement adoption or to a direct placement adoption made through an agency.

F. The court shall allow, disallow or allow in part fees, payments, disbursements and commitments as shown in the accounting.

G. If the court finds an accounting to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.

H. All adoption cases shall be reviewed by the juvenile court for reasonableness and necessity of expenses.

I. This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child.
A.R.S. § 8-528 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 528
8-528 Newborn infants left with safe haven providers; placement protocol; definitions
Status: in_force

8-528. Newborn infants left with safe haven providers; placement protocol; definitions

A. The placement of newborn infants who are left with safe haven providers pursuant to section 13-3623.01 shall follow the protocols prescribed in this section.

B. If a newborn infant is left with a private child welfare agency that is licensed pursuant to this article or with a private adoption agency that is licensed pursuant to section 8-126 and the agency has the ability and desire to take custody of the infant and to place the infant for adoption, the safe haven provider shall do the following:

1. Immediately transport the newborn infant or arrange for the newborn infant to be transported to a hospital for a physical examination.

2. Immediately call the department to inform it that a newborn infant has been left with the safe haven provider, of the location of the hospital where the agency transported the infant or arranged for the infant to be transported and that the agency will take custody of the infant after the hospital completes the physical examination.

3. Take custody of the newborn infant from the hospital within twenty-four hours after the hospital completes the physical examination.

C. If the private child welfare agency or private adoption agency does not have the ability or desire to take custody of the newborn infant and place the infant for adoption, the agency shall do the following:

1. Immediately transport the newborn infant or arrange for the newborn infant to be transported to a hospital for a physical examination.

2. Immediately call the department to inform it that a newborn infant has been left with the safe haven provider, of the location of the hospital where the agency transported the infant or arranged for the infant to be transported and that the agency will not take custody of the infant after the hospital completes the physical examination.

D. If a newborn infant is left with a church, the safe haven provider must do the following:

1. Immediately transport the newborn infant or arrange for the newborn infant to be transported to a hospital for a physical examination.

2. If the church is affiliated with a private adoption agency, contact the private adoption agency and inform the agency that a newborn infant has been left with the safe haven provider.

3. Immediately call the department to inform it that a newborn infant has been left at the church, of the location of the hospital where the church transported the infant or arranged for the infant to be transported and whether a private adoption agency will take custody of the infant.

E. If the agency contacted pursuant to subsection D of this section has the ability and desire to take custody of the newborn infant and place the infant for adoption, the agency must take custody of the infant within twenty-four hours after the hospital completes the physical examination.

F. If the church is not affiliated with a private adoption agency or the private adoption agency does not have the ability or desire to take custody of the newborn infant and place the infant for adoption, the department shall contact the next private adoption agency on a rotating list of agencies maintained by the department until it contacts an agency that agrees to take custody of the infant. The adoption agency must take custody of the infant from the hospital within twenty-four hours after the hospital completes the physical examination.

G. If a newborn infant is left with a firefighter who is on duty, an emergency medical technician who is on duty or a staff member at a health care institution that is classified by the department of health services pursuant to section 36-405 as a general hospital or a rural general hospital, the safe haven provider shall do the following:

1. Immediately transport the newborn infant to a hospital for a physical examination.

2. Immediately contact the department of child safety to inform it that a newborn infant has been left at a fire station or health care institution and of the location of the hospital where the safe haven provider transported the infant.

H. Within eight hours after the department is contacted pursuant to subsection C or G of this section, the department shall contact the next private adoption agency on a rotating list maintained by the department until the department contacts an agency that agrees to take custody of the newborn infant. The adoption agency must take custody of the infant from the hospital within twenty-four hours after the hospital completes the physical examination.

I. If an agency does not take custody of the newborn infant within twenty-four hours after the hospital completes the physical examination, the hospital shall contact the department, and the department shall contact the next private adoption agency on its rotating list until an agency agrees to take custody of the infant.

J. If no agency takes custody of the newborn infant pursuant to this section within forty-eight hours after the hospital completes the physical examination, the department shall take custody of the infant.

K. Notwithstanding any other law, before a private adoption agency or the department takes custody of a newborn infant pursuant to this section, a health care provider, as defined in section 36-3201, may make health care treatment decisions for the infant.  A health care provider who makes a good faith medical decision pursuant to this subsection is immune from liability.

L. The safe haven provider that takes custody of the newborn infant shall act as the responsible adult and complete the Arizona health care cost containment system application process on behalf of the infant. If the child is determined ineligible for the Arizona health care cost containment system or if the Arizona health care cost containment system administration does not reimburse the hospital for the medical examination and treatment provided to the infant, the entity or individual that ultimately takes custody of the infant must compensate the hospital for the medical examination and treatment provided to the infant.

M. An agency that takes custody of the newborn infant must comply with all state and federal laws regarding adoption and placement of children.

N. The department shall inform an agency when it has rotated to the top of the contact list and inform it that the department will notify it the next time a newborn infant is left with a safe haven provider.

O. A private adoption agency may contact the department to be placed on the rotating list maintained by the department pursuant to this section if it:

1. Is a nonprofit agency.

2. Does not specialize in international adoptions.

3. Has a twenty-four hour emergency contact number.

P. The protocols prescribed in this section apply only to an unharmed newborn infant who is thirty days of age or younger and who is not alleged to have been neglected or abused.  If an infant who is transported to a hospital is older than thirty days or has been harmed, the hospital shall contact the department, and the department shall take custody of the infant.

Q. For the purposes of this section:

1. "Church" has the same meaning prescribed in section 13-3623.01, subsection H, paragraph 2, subdivision (d), item (iii).

2. "Custody" means legal authority to act on behalf of a child including the following:

(a) The duty and authority to make decisions that affect the child, including medical decisions.

(b) The authority to file a petition for termination of parental rights.
A.R.S. § 8-371 — Arizona Code / Title 8 / Chapter 3 / Article 6 / Section 371
8-371 Educational rehabilitation; definition
Status: in_force

8-371. Educational rehabilitation; definition

A. Juveniles who are subject to the supervision of a probation officer pursuant to an order of the juvenile court, or who are otherwise eligible for absolute discharge or conditional liberty from the department of juvenile corrections in accordance with section 41-2816, shall, as a condition of probation or liberty, be required to do one of the following:

1. Attend school in order to obtain vocational training or to achieve an appropriate educational level as prescribed in consultation with the school the juvenile attends by the juvenile's probation officer or by the department of juvenile corrections. If the juvenile fails to attend school regularly, maintain appropriate school behavior, or make satisfactory progress as determined in consultation with the school by the probation officer or department of juvenile corrections as specified in subsection C of this section and the juvenile does not meet the requirements of paragraph 2 of this subsection:

(a) If the juvenile court retains jurisdiction, the juvenile court shall take appropriate action to enforce, modify or revoke its order granting probation.

(b) If the department of juvenile corrections retains jurisdiction, the department shall act to enforce, modify or revoke its order granting conditional liberty.

2. Attend an on-the-job training program or secure and maintain employment. If the juvenile fails to attend the program or maintain employment and does not meet the requirements of paragraph 1 of this subsection:

(a) If the juvenile court retains jurisdiction, the juvenile court shall take appropriate action to enforce, modify or revoke its order granting probation.

(b) If the department of juvenile corrections retains jurisdiction, the department shall act to enforce, modify or revoke its order granting conditional liberty.

B. Subsection A of this section does not apply to juveniles who pass the general educational development test or earn a high school diploma. Subsection A, paragraph 2 of this section does not apply to a juvenile required to attend school under section 15-802.

C. If the juvenile chooses to meet the requirements of subsection A of this section by attending a public school:

1. If the juvenile had previously been expelled from school, prior to readmission of that juvenile to the school, school officials shall meet with the appropriate juvenile court probation officer or department of juvenile corrections case manager and assist in developing conditions of probation or conditional liberty that will provide specific guidelines for behavior and consequences for misbehavior at school as well as educational objectives that must be achieved. If the juvenile is under the jurisdiction of the juvenile court, the court shall review the conditions of probation for the juvenile and may continue the expulsion or return the child to school under the agreed conditions. If the juvenile is under the jurisdiction of the department of juvenile corrections, the department shall review the terms of conditional liberty for the juvenile and may continue the expulsion or return the child to school under the agreed conditions. The governing board may expel the juvenile for subsequent actions as provided in title 15, chapter 8, article 3.

2. The juvenile shall on release be screened by the school to which the juvenile is admitted for possible disabilities as provided in section 15-761, paragraph 2 and, if the screening so indicates, be referred for evaluation for possible placement in a special education program.

D. The school district of residence and the juvenile court or the department of juvenile corrections may establish education, counseling or other programs in order to improve the behavior and educational performance of juveniles covered by this section.

E. For the purposes of this section, "child" or "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. § 8-547 — Arizona Code / Title 8 / Chapter 4 / Article 5.1 / Section 547
8-547 Restoration of parent-child relationship; definitions
Status: in_force

8-547. Restoration of parent-child relationship; definitions

A. If a child's parent-child relationship has been terminated pursuant to article 5 of this chapter, the department, the child, an Indian child's tribe, the child's attorney or guardian ad litem or the child's parent may petition to have the child's parent-child relationship restored if all of the following apply:

1. The child is in the care or custody of the department.

2. The child has not achieved permanency, is unlikely to achieve permanency and is not in a preadoptive placement.

3. At least two years have passed since the parent-child relationship was terminated, unless there is a demonstration of good cause for an earlier filing.  The good cause basis for an earlier filing shall be included in the petition.

4. The dependency adjudication finding did not include or the parent-child relationship was not terminated because the parent committed or was found to have failed to protect a child from an act involving any of the following:

(a) Serious physical injury as defined in section 8-201.

(b) Sexual abuse or sexual conduct with a minor.

(c) Any conduct that resulted in the near death or death of a minor.

(d) A dangerous crime against children as defined in section 13-705.

B. The petition for restoration of the parent-child relationship shall include all of the following:

1. A statement explaining why the child is unlikely to obtain a permanent placement unless the child's parent-child relationship is restored.

2. The child's position on the restoration of the parent-child relationship.

3. The consent of the child's parent or parents to the restoration of the parent-child relationship.

4. A statement explaining how the child's parent or parents have demonstrated the remediation necessary for restoration of the parent-child relationship, including the ability and willingness to properly care for the child.

C. In addition to the requirements prescribed in subsection B of this section, if the department is the petitioner, the department shall include all of the following in the petition:

1. A report of an assessment conducted by the department as to whether restoration of the parent-child relationship is in the best interests of the child.

2. Documentation of the department's diligent efforts to locate a permanent placement for the child.

D. On the filing of a petition for restoration of the parent-child relationship, if the department is not the petitioner, the court shall order the department to conduct an assessment and submit a report to the court that includes both of the following:

1. Whether restoration of the parent-child relationship is in the best interests of the child.

2. A description of the diligent efforts the department made to locate a permanent placement for the child.

E. The department shall establish policies and procedures for assessments ordered pursuant to subsection D of this section that assess the home and the parent's or parents' ability to ensure the physical, social, mental and emotional health and safety of the child.

F. On completion of the department's assessment pursuant to subsection D of this section, if the court finds by clear and convincing evidence that the restoration of the parent-child relationship is in the best interests of the child, including that the return of the child would not create a substantial risk of harm to the child's physical, social, mental or emotional health or safety, the court shall order the department to conduct a trial in-home placement of the child with the child's parent or parents. The department shall provide an evaluation of the trial in-home placement to the court within three to six months after the start of the trial in-home placement. After receiving the department's evaluation of the trial in-home placement, the court may grant the petition for restoration of the parent-child relationship or the court may order the department to continue the trial in-home placement. If the court orders the department to continue the trial in-home placement, the court may not grant the petition for restoration of the parent-child relationship until the department has provided the court with an updated evaluation of the trial in-home placement.  A trial in-home placement may not exceed one year.

G. The department shall establish trial in-home placement policies and procedures that include all of the following:

1. Adequate supervision of the child and the child's parent or parents in the home.

2. Frequent communication with the child and the child's parent or parents.

3. An individualized transition plan.

H. The department shall immediately terminate the trial in-home placement ordered pursuant to subsection F of this section if there is a substantiated report of abuse or neglect of the child by the parent or parents or if the department determines that the child's health, safety or well-being is threatened. If the department terminates the trial in-home placement, the department shall immediately notify the court and the child's attorney, the child's guardian ad litem or an Indian child's tribe.

I. After the trial in-home placement ordered pursuant to subsection F of this section, if the court finds by clear and convincing evidence both that the child's parent or parents have demonstrated the remediation necessary for the restoration of the parent-child relationship, including the ability and willingness to properly care for the child and that the restoration of the parent-child relationship is in the best interests of the child, the court shall grant the petition. When making the best interests determination, the court shall consider the child's position on the restoration of the parent-child relationship and any other relevant factors.

J. If a child has been adopted but the adoption has been disrupted and the child is returned to the legal care of the department, the period of time that the child was adopted before the adoption disruption may be included as part of the two-year time frame required by subsection A of this section.

K. For the purposes of this section:

1. "Achieved permanency" means a child has not been adopted or is not the subject of guardianship under sections 8-871 or 14-5201.

2. "Department" means the department of child safety.

3. "Parent" means the natural father or mother of a child whose rights have been terminated pursuant to article 5 of this chapter.

4. "Parent-child relationship" has the same meaning prescribed in section 8-531.
A.R.S. § 8-201.01 — Arizona Code / Title 8 / Chapter 2 / Article 1 / Section 201.01
8-201.01 Prohibitions
Status: in_force

8-201.01. Prohibitions

A. Notwithstanding any other provision of this chapter or chapter 4, articles 8, 9, 10, 11, 12, 13 and 14 of this title:

1. A child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner shall not, for that reason alone, be considered to be an abused, neglected or dependent child.

2. A child whose parent, guardian or custodian refuses to put the child on a psychiatric medication or questions the use of a psychiatric medication shall not be considered to be an abused, neglected or dependent child for that reason alone.

B. A parent may not be considered as having abused, neglected or abandoned or charged with abuse, neglect or abandonment of a biological, foster or adoptive child solely for seeking inpatient treatment or an out-of-home placement if the child's behavioral health needs pose a risk to the safety and welfare of the family.

C. A parent may not be considered as having abused or neglected or charged with abuse or neglect of a child solely for bringing into the home a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of the family.
A.R.S. § 8-291.09 — Arizona Code / Title 8 / Chapter 2 / Article 8 / Section 291.09
8-291.09 Restoration order; commitment
Status: in_force

8-291.09. Restoration order; commitment

A. The court may order a juvenile to participate in an outpatient or inpatient competency restoration program or may commit the juvenile for competency restoration to the state hospital or another facility. The juvenile court shall approve all competency restoration programs. In determining the type and location of the program, the court shall select the least restrictive alternative after making a finding of probable cause and considering the following:

1. If confinement is necessary for program participation.

2. If the juvenile meets the civil commitment criteria under title 36, chapter 5.

B. The court may appoint a guardian ad litem for a juvenile who is ordered to participate in an inpatient or outpatient program pursuant to this section.  The guardian ad litem shall both:

1. Coordinate the continuity of care following restoration.

2. In cooperation with the restoration program, advise the court on matters relating to the appropriateness of the form and location of the program and, on request of the court, shall submit a written report.  The court shall distribute copies of any report to the prosecutor and the defense attorney.  The privilege against self-incrimination applies to all reports and communications with the juvenile.

C. An order entered pursuant to this section shall state if the juvenile is incompetent to refuse treatment pursuant to section 13-4511, including medication.

D. The state shall pay the costs of an inpatient competency restoration program at the state hospital until either:

1. Ten days, excluding Saturdays, Sundays or other legal holidays, after the hospital submits a report to the court stating that the juvenile has regained competence or that there is no substantial probability that the juvenile will regain competency within six months after the date of the original finding of incompetency.

2. The restoration order expires.

3. Seven days, excluding Saturdays, Sundays or other legal holidays, after the charges are dismissed.

E. The state shall pay the costs of a restoration program for a juvenile who is a ward of the court unless the court orders otherwise. If the court orders otherwise, the county shall pay the costs of the restoration program, or if the proceeding arises out of municipal court, the political subdivision shall pay the costs of the restoration program.

F. A restoration order that is issued pursuant to this section is valid for one hundred eighty days from the date of the initial finding of incompetency or until one of the following occurs, whichever occurs first:

1. The restoration program submits a report that the juvenile has regained competency or that there is no substantial probability that the juvenile will regain competency within the period of the order.

2. The charges are dismissed.

3. The juvenile reaches eighteen years of age.
A.R.S. § 8-872 — Arizona Code / Title 8 / Chapter 4 / Article 12 / Section 872
8-872 Permanent guardianship; procedure
Status: in_force

8-872. Permanent guardianship; procedure

A. Any party to a dependency proceeding or a pending dependency proceeding may file a motion for permanent guardianship. The motion shall be verified by the person who files the motion and shall include the following:

1. The name, sex, residence and date and place of birth of the child.

2. The facts and circumstances supporting the grounds for permanent guardianship.

3. The name and address of the prospective guardian and a statement that the prospective guardian agrees to accept the duties and responsibilities of guardianship.

4. The basis for the court's jurisdiction.

5. The relationship of the child to the prospective guardian.

6. Whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963) and if so:

(a) The tribal affiliations of the child's parents.

(b) The specific actions the person who files the motion has taken to notify the parents' tribes and the results of those contacts, including the names, addresses, titles and telephone numbers of the persons contacted. The person shall attach to the motion as exhibits any correspondence with the tribes.

(c) The specific efforts that were made to comply with the placement preferences under the Indian child welfare act of 1978 or the placement preferences of the appropriate Indian tribes.

7. The name, address, marital status and date of birth of the birth parents, if known.

B. The person who files the motion shall serve notice of the hearing and a copy of 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. In addition to the requirements of rule 5(c) of the Arizona rules of civil procedure, the notice shall be sent by certified or registered mail, return receipt requested, to any parent, Indian custodian and tribe of an Indian child as defined in the Indian child welfare act of 1978 (25 United States Code section 1903).

C. The person who files the motion shall provide a copy of the notice of hearing to the following persons if the person has not been served pursuant to subsection B of this section:

1. The child's current physical custodian.

2. Any foster parent with whom the child has resided within six months before the date of the hearing.

3. The prospective guardian if the guardian is not the current physical custodian.

4. Any other person the court orders to be provided notice.

D. The court shall hold the guardianship adjudication hearing within ninety days after the initial guardianship hearing.

E. In a proceeding for permanent guardianship, on the request of a parent, the court shall appoint counsel for any parent found to be indigent if the parent is not already represented by counsel. The court may also appoint one for the child if a guardian ad litem has not already been appointed.

F. Before a final hearing, the department, the agency or a person designated as an officer of the court shall conduct an investigation addressing the factors set forth in section 8-871, whether the prospective permanent guardian or guardians are fit and proper persons to become permanent guardians and whether the best interests of the child would be served by granting the permanent guardianship. The findings of this investigation shall be set forth in a written report provided to the court and all parties before the hearing. The court may require additional investigation if it finds that the welfare of the child will be served or if additional information is necessary to make an appropriate decision regarding the permanent guardianship. The court may charge a reasonable fee for this investigation pursuant to section 8-133, if performed by an officer of the court. The court may waive the requirements of this subsection for good cause.

G. Before the court may appoint a guardian, the court shall require the prospective guardian to furnish either a valid fingerprint clearance card or a full set of fingerprints to enable the court to determine the applicant's suitability as guardian. If the prospective guardian does not submit a valid fingerprint clearance card, the prospective guardian shall submit a full set of fingerprints to the court 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.

H. The person who files the motion has the burden of proof by clear and convincing evidence. In any proceeding involving a child who is subject to the Indian child welfare act of 1978, the person who files the motion has the burden of proof by beyond a reasonable doubt.

I. A court order vesting permanent guardianship with an individual divests the birth or adoptive parent of legal custody of or guardianship for the child but does not terminate the parent's rights. A court order for permanent guardianship does not affect the child's inheritance rights from and through the child's birth or adoptive parents.

J. On finding that grounds exist for a permanent guardianship, the court may incorporate into the final order provisions for visitation with the natural parents, siblings or other relatives of the child if this order would be in the child's best interests and any other provision that is necessary to rehabilitate the child or to provide for the child's continuing safety and well-being. The court may order a parent to contribute to the support of the child to the extent it finds the parent is able.

K. On the entry of the order establishing a permanent guardianship, the dependency action shall be dismissed. If the child was in the legal custody of the department during the dependency, the court may order the department to conduct the investigation and prepare the report for the first report and review hearing. If the child was not in the legal custody of the department, the court may order the child's attorney or guardian ad litem to file a report for the report and review hearing. The court shall retain jurisdiction to enforce its final order of permanent guardianship. The court may order a report and shall set a review to be held within one year following the entry of the final order and may set such other and further proceedings as may be in the best interests of the child. Before a report and review hearing, the court may cause an investigation to be conducted of the facts and circumstances surrounding the welfare and best interests of the child and a written report to be filed with the court. The court may charge a reasonable fee for this investigation pursuant to section 8-133, if performed by an officer of the court.

L. The department or agency shall not be responsible for the requirements pursuant to subsections F, J and K of this section for a motion concerning a child not in the care, custody and control of the department or agency.

M. The court shall provide the guardian with written notice of the sibling information exchange program established pursuant to section 8-543.
A.R.S. § 8-411 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 411
8-411 Motion to revoke release
Status: in_force

8-411. Motion to revoke release

If the prosecutor decides not to move to revoke the release of the juvenile defendant, the prosecutor shall inform the victim that the victim may petition the court to revoke the release of the juvenile defendant based on the victim's notarized statement asserting that harassment, threats, physical violence or intimidation against the victim or the victim's immediate family by the juvenile defendant or on behalf of the juvenile defendant has occurred.
A.R.S. § 8-543 — Arizona Code / Title 8 / Chapter 4 / Article 5 / Section 543
8-543 Sibling information exchange program; definition
Status: in_force

8-543. Sibling information exchange program; definition

A. The administrative office of the courts shall establish a sibling information exchange program to facilitate contact between a former dependent child and the child's sibling or siblings.

B. The following persons may participate in the program:

1. An adult who is a former dependent child.

2. A juvenile who is a former dependent child, through any of the following:

(a) The juvenile's adoptive parent.

(b) The juvenile's guardian.

(c) The juvenile's biological parent if that person has legal custody of the child and is not a party to a pending dependency proceeding.

3. The adult sibling of a former dependent child.

C. A person participating in the program shall use a confidential intermediary who is certified pursuant to section 8-134. The confidential intermediary may access court, division and agency records. The confidential intermediary must keep confidential all information the intermediary obtains during the course of the investigation and may use this information only to arrange a contact or to share information between the person who initiates the search and the person who is the subject of the search.  The confidential intermediary shall not contact any person who is under eighteen years of age.

D. If a former dependent child does not wish to be contacted by the child's sibling or siblings the former dependent child may file an affidavit so stating with the court.  If an affidavit is part of the court record, the confidential intermediary shall not make contact with the former dependent child unless the former dependent child withdraws the affidavit and grants permission in writing or the former dependent child has filed an affidavit stating that the former dependent child knows about the sibling or siblings and wishes to make contact with the sibling or siblings.

E. The supreme court shall adopt rules necessary to implement the sibling information exchange program.

F. For the purposes of this section, "sibling" includes a person who shares a common biological parent, stepparent or adoptive parent.
A.R.S. § 8-807.01 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 807.01
8-807.01 Incidents involving fatality or near fatality; definition
Status: in_force

8-807.01. Incidents involving fatality or near fatality; definition

A. The department shall promptly provide DCS information to the public regarding a case of child abuse, abandonment or neglect that has resulted in a fatality or near fatality as follows:

1. The department shall provide preliminary information including at a minimum:

(a) In the case of a fatality, the name of the child who has died.

(b) The age, gender, county and general location of the residence of the child who has suffered a fatality or a near fatality.

(c) The fact that a child suffered a fatality or near fatality as the result of abuse, abandonment or neglect.

(d) The name, age and city, town or general location of the residence of the alleged perpetrator, if available, unless the disclosure would violate the privacy of victims of crime pursuant to article II, section 2.1, Constitution of Arizona.

(e) Whether there have been reports, or any current or past cases, of abuse, abandonment or neglect involving the child or the alleged perpetrator.

(f) Actions taken by the department in response to the fatality or near fatality of the child.

(g) A detailed synopsis of prior reports or cases of abuse, abandonment or neglect involving the child or the alleged perpetrator and of the actions taken or determinations made by the department in response to these reports or cases.

2. On request by any person, the department shall promptly provide additional DCS information to the requestor in a case of child abuse, abandonment or neglect that has resulted in a fatality or a near fatality.  Before releasing additional DCS information, the department shall promptly notify the county attorney of any decision to release that information, and the county attorney shall promptly inform the department if it believes the release would cause a specific, material harm to a criminal investigation or prosecution. After consulting with the county attorney, pursuant to paragraph 3 of this subsection, the department shall produce to the requestor as much additional DCS information as promptly as possible about a case of child abuse, abandonment or neglect that resulted in a fatality or near fatality.

3. On request, the department shall continue to provide DCS information promptly to the public about a fatality or near fatality unless:

(a) After consultation with the county attorney, the county attorney demonstrates that release of particular DCS information would cause a specific, material harm to a criminal investigation or prosecution.

(b) The release would violate section 8-807, subsection A or L or the privacy of victims of crime pursuant to article II, section 2.1, Constitution of Arizona.

4. If any person believes that the county attorney has failed to demonstrate that release would cause a specific, material harm to a criminal investigation or prosecution, that person may file an action in superior court pursuant to title 39, chapter 1, article 2 and section 8-807, subsection J and request the court to review the DCS information in camera to determine if disclosure should be ordered.

5. Within ninety days after the date of the DCS report for a case involving a fatality or a near fatality, the department shall provide to the public a summary report that:

(a) May include any actions taken by the department in response to the case, any changes in policies or practices that have been made to address any issues raised in the review of the case and any recommendations for further changes in policies, practices, rules or statutes to address those issues.

(b) Shall include the information prescribed in subsection B of this section if the child was residing in the child's home and in subsection C of this section if the child was placed in an out-of-home placement.

B. If the summary report prescribed in subsection A, paragraph 5 of this section involves a child who was residing in the child's home, the summary report shall contain a summary of all of the following:

1. Whether services pursuant to this chapter were being provided to the child, a member of the child's family or the person suspected of the abuse or neglect at the time of the incident and the date of the last contact before the incident between the entity providing the services and the person receiving the services.

2. Whether the child, a member of the child's family or the person suspected of the abuse or neglect was the subject of a DCS report at the time of the incident.

3. All involvement of the child's parents and of the person suspected of the abuse or neglect in a situation for which a DCS report was made or in services provided pursuant to this chapter in the five years preceding the incident involving a fatality or a near fatality.

4. Any investigation pursuant to a DCS report concerning the child, a member of the child's family or the person suspected of the abuse or neglect or services provided to the child or the child's family since the date of the incident involving a fatality or a near fatality.

C. If the summary report prescribed in subsection A, paragraph 5 of this section involves a child who was in out-of-home placement, the summary report shall include the name of any agency the licensee was licensed by, the licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed and a summary of all violations by the licensee and any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety and welfare of a child.

D. For the purposes of this section, "near fatality" means an act that, as certified by a physician, including the child's treating physician, places a child in serious or critical condition.
A.R.S. § 8-530.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 530.01
8-530.01 Placement of a child returning to foster care; notification
Status: in_force

8-530.01. Placement of a child returning to foster care; notification

A. If a child who has been in foster care is returned to the child's home then removed again from the child's home, the department shall notify all foster homes in which the child previously resided that the child has been removed from the child's home, unless the previous foster home has substantiated or outstanding allegations, reports or investigations known by the department.

B. The department shall place the child in a foster home in which the child has resided, unless the placement is not in the best interests of the child or none of the prior foster homes wants the placement.  If the child has previously resided in more than one foster home, the department shall give preference for placement based on which placement is most recent.
A.R.S. § 8-417 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 417
8-417 Construction of article
Status: in_force

8-417. Construction of article

This article shall be liberally construed to preserve and protect the rights to which victims are entitled.
A.R.S. § 8-351 — Arizona Code / Title 8 / Chapter 3 / Article 4 / Section 351
8-351 Definition of juvenile intensive probation
Status: in_force

8-351. Definition of juvenile intensive probation

In this article, unless the context otherwise requires, "juvenile intensive probation" means a program that is established pursuant to this article of highly structured and closely supervised juvenile probation and that emphasizes individualized interventions and services for juveniles who are deemed appropriate for the program.
A.R.S. § 8-385 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 385
8-385 Limited rights of a legal entity
Status: in_force

8-385. Limited rights of a legal entity

Any corporation, partnership, association or other legal entity that, except for its status as an artificial entity, would be included in the definition of victim in section 8-382 shall be afforded the following rights:

1. Within a reasonable time after arrest, the prosecutor shall notify the legal entity of the right to appear and be heard at any proceeding relating to restitution or disposition of the delinquent.

2. The prosecutor shall notify the legal entity of the right to submit to the court a written statement containing information and opinions on restitution and disposition in its case.

3. On request, the prosecutor shall notify the legal entity in a timely manner of the date, time and place of any proceeding relating to restitution or disposition of the delinquent.

4. A lawful representative of the legal entity has the right, if present, to be heard at any proceeding relating to restitution or disposition of the delinquent.
A.R.S. § 8-514 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 514
8-514 Placement in foster homes
Status: in_force

8-514. Placement in foster homes

A. Subject to the provisions of section 8-514.01, the division or a licensed child welfare agency if so authorized in its license may place a child in a licensed foster home for care or for adoption. Notwithstanding any law to the contrary, the division or a licensed child welfare agency may place a child in excess of the number of children allowed and identified in a foster parent's license if the division or agency reasonably believes the foster home has the ability to safely handle additional children, there are no outstanding concerns, deficiencies, reports or investigations known by the division regarding the foster home, and the child meets any of the following criteria:

1. The child is part of a sibling group that currently resides in the foster home.

2. The child is part of a sibling group that is being considered for placement in a foster home but because of the maximum child limit would otherwise have to be separated.

3. The child previously resided in the foster home.

4. The child is a kinship placement for the foster home.

B. The department shall place a child in the least restrictive type of placement available, consistent with the best interests of the child.  The order for placement preference is as follows:

1. With a parent.

2. With a grandparent.

3. In kinship care with another member of the child's extended family, including a person who has a significant relationship with the child.  A foster parent or kinship caregiver with whom a child under three years of age has resided for nine months or more is presumed to be a person who has a significant relationship with the child.

4. In licensed family foster care.

5. In therapeutic foster care.

6. In a group home.

7. In a residential treatment facility.

C. Notwithstanding subsection B of this section, the order for placement preference of a Native American child is as follows:

1. With a member of the child's extended family.

2. In a licensed family foster home approved or specified by the child's tribe.

3. In an Indian foster home licensed or approved by an authorized non-Indian licensing authority.

4. In an institution approved by the Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs pursuant to 25 United States Code chapter 21.

D. At the time of placement there shall be presented to the foster parents, by the agency or division placing the child, a written summary of known, unprivileged information regarding the child, including the following:

1. Demographic information.

2. Type of custody and previous placement.

3. Pertinent family information including but not limited to the names of family members who, by court order, may not visit the child.

4. Known or available medical history including but not limited to:

(a) Allergies.

(b) Immunizations.

(c) Childhood diseases.

(d) Physical disabilities.

(e) Other idiosyncrasies.

(f) The child's last doctor, if known.

5. A summary of the child's history of adjudication on acts of delinquency, as may be public record and available in the file of the clerk of the superior court.

E. The responsibility of the agency or the division for a child placed in a foster home shall be defined in writing and accepted by the person receiving the child. The agency or division shall make available to the foster parents a method of acquiring emergency information that may be necessary to deal with situations that may arise pursuant to their responsibilities as foster parents.

F. Every foster home shall maintain a record of the children received, which shall include facts in regard to the children and their care and shall be in the form and kept in the manner prescribed by the division.

G. In addition to any other relevant factors, the department shall consider the following in determining whether a placement is in the best interests of the child:

1. The caregiver is interested in providing permanence for the child if reunification efforts ultimately fail.

2. The expressed wishes of the birth parent and child, if applicable, unless the wishes are contrary to law.

3. The relationship of the caregiver with the child and the child's family.

4. The proximity of the placement home to the parents' home and the child's current school or school district.

5. The strengths and parenting style of the caregiver in relation to the child's behavior and needs.

6. The caregiver's willingness to communicate and interact with the birth family to support visitation and the reunification process.

7. The caregiver's ability and willingness to accept placement of the child and all or any of the child's siblings.

8. If any sibling will be placed separately, the caregiver's ability and willingness to provide or assist in maintaining frequent visitation or other ongoing contact between the child and the child's sibling.

9. The child's fit with the family with regard to age, gender and sibling relationships.

10. If the child has chronic behavioral health needs:

(a) Whether the child's behavior will place other children in the home at risk.

(b) The caregiver's ability to provide the necessary level of supervision to prevent harm to the child or others by the child.

11. Whether placement in the home would comply with the placement preferences prescribed by 25 United States Code section 1915, if applicable.

H. Within thirty days after a dependent child who is at least eight years of age is placed in out-of-home care, unless otherwise recommended by a doctor or therapist, the department shall ensure that the child receives age-appropriate and developmentally appropriate materials and resources about sexual abuse, child sex trafficking and exploitation.  The materials and resources must include a definition of sexual abuse, information about the dangers of online and in-person predators and methods for reporting abuse.  The materials and resources may include a twenty-four-hour hotline telephone number.
A.R.S. § 8-384 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 384
8-384 Inability to exercise rights; designation of others; notice; representative for a minor or vulnerable adult; definition
Status: in_force

8-384. Inability to exercise rights; designation of others; notice; representative for a minor or vulnerable adult; definition

A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the victim is entitled to exercise. The victim may revoke this designation at any time and exercise the victim's rights.

B. If a victim is incompetent, deceased or otherwise incapable of designating another person to act in the victim's place, the court may appoint a lawful representative who is not a witness. If at any time the victim is no longer incompetent, incapacitated or otherwise incapable of acting, the victim may personally exercise the victim's rights.

C. If the victim is a minor or vulnerable adult the victim's parent or other immediate family member may exercise all of the victim's rights on behalf of the victim. If the delinquent act is alleged against a member of the minor's or vulnerable adult's immediate family, these rights may not be exercised by that person but may be exercised by another member of the immediate family unless the court, after considering the guidelines in subsection D of this section, finds that another person would better represent the interests of the minor or vulnerable adult for purposes of this chapter.

D. The court shall consider the following guidelines in appointing a representative for a minor or vulnerable adult victim:

1.  Whether the minor or vulnerable adult has a relative who would not be so substantially affected or adversely impacted by the conflict resulting from the allegation of a delinquent act against a member of the immediate family of the minor or vulnerable adult that the representative could not represent the victim.

2. The representative's willingness and ability to do all of the following:

(a) Undertake working with and accompanying the minor or vulnerable adult victim through all proceedings, including delinquency, civil and dependency proceedings.

(b) Communicate with the minor or vulnerable adult victim.

(c) Express the concerns of the minor or vulnerable adult to those authorized to come in contact with the minor or vulnerable adult as a result of the proceedings.

3. The representative's training, if any, to serve as a minor or vulnerable adult victim's representative.

4. The likelihood of the representative being called as a witness in the case.

E. The minor or vulnerable adult victim's representative shall accompany the minor or vulnerable adult victim through all proceedings, including delinquency, criminal, dependency and civil proceedings, and, before the minor's or vulnerable adult's courtroom appearance, shall explain to the minor or vulnerable adult the nature of the proceedings and what the minor or vulnerable adult will be asked to do, including telling the minor or vulnerable adult that the minor or vulnerable adult is expected to tell the truth. The representative shall be available to observe the minor or vulnerable adult in all aspects of the case in order to consult with the court as to any special needs of the minor or vulnerable adult. Those consultations shall take place before the minor or vulnerable adult testifies. The court may recognize the  minor or vulnerable adult victim's representative when the representative indicates a need to address the court. A minor or vulnerable adult victim's representative shall not discuss the facts and circumstances of the case with the minor or vulnerable adult witness, unless the court orders otherwise on a showing that it is in the best interests of the minor or vulnerable adult.

F. Any notices that are to be provided to a victim pursuant to this article shall be sent only to the victim or the victim's lawful representative.

G. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 13-3623.
A.R.S. § 8-309 — Arizona Code / Title 8 / Chapter 3 / Article 1 / Section 309
8-309 Unlawful use of an electronic communication device by a minor; classification; definitions
Status: in_force

8-309. Unlawful use of an electronic communication device by a minor; classification; definitions

A. It is unlawful for a juvenile to intentionally or knowingly use an electronic communication device to transmit or display a visual depiction of a minor that depicts explicit sexual material.

B. It is unlawful for a juvenile to intentionally or knowingly possess a visual depiction of a minor that depicts explicit sexual material and that was transmitted to the juvenile through the use of an electronic communication device.

C. It is not a violation of subsection B of this section if all of the following apply:

1. The juvenile did not solicit the visual depiction.

2. The juvenile took reasonable steps to destroy or eliminate the visual depiction or report the visual depiction to the juvenile's parent, guardian, school official or law enforcement official.

D. A violation of subsection A of this section is a petty offense if the juvenile transmits or displays the visual depiction to one other person. A violation of subsection A of this section is a class 3 misdemeanor if the juvenile transmits or displays the visual depiction to more than one other person.

E. A violation of subsection B of this section is a petty offense.

F. Any violation of this section that occurs after adjudication for a prior violation of this section or after completion of a diversion program as a result of a referral or petition charging a violation of this section is a class 2 misdemeanor.

G. For the purposes of this section:

1. "Electronic communication device" has the same meaning prescribed in section 13-3560.

2. "Explicit sexual material" means material that depicts human genitalia or that depicts nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse as defined in section 13-3501.

3. "Visual depiction" has the same meaning prescribed in section 13-3551.
A.R.S. § 8-471 — Arizona Code / Title 8 / Chapter 4 / Article 2 / Section 471
8-471 Office of child welfare investigations; training; responsibilities; annual report
Status: in_force

8-471. Office of child welfare investigations; training; responsibilities; annual report

A. The director shall establish the office of child welfare investigations within the department. The director is responsible for the direction, operation and control of the office.

B. The duties of the office include investigating criminal conduct allegations, coordinating with other parts of the department and law enforcement, establishing task forces for the investigation of criminal conduct and other duties as may be assigned by the director.

C. The office shall employ child welfare investigators who have received training to understand law enforcement's role in cases of criminal child abuse or neglect and in social services offered by the department.  The office may employ research analysts and peace officers for the purpose of obtaining an originating agency identification number to have direct access to criminal history report information.  Each person hired by the office is an employee of the department, is subject to title 41, chapter 4, article 4 and shall comply with the fingerprint requirements of section 8-802.

D. The department, in coordination with the Arizona peace officer standards and training board, shall provide child welfare investigators with training.  The training shall be, at a minimum, in the following areas:

1. First responder training on responding to reports of child abuse.

2. Forensic interviewing and processes.

3. Child physical and sexual abuse investigation.

4. The protocols established pursuant to section 8-817.

5. Relevant law enforcement procedures, including the collection and preservation of evidence.

6. A child's constitutional rights as a victim of a crime pursuant to article II, section 2.1, Constitution of Arizona.

7. Impact and intervention practices related to adverse childhood experiences, culturally and linguistically appropriate service delivery, domestic violence, family engagement, communication with special populations and trauma informed responses.

8. Any other training as directed by the director.

E. A child welfare investigator shall:

1. Protect children.

2. Assess, respond to or investigate all criminal conduct allegations, which shall be a priority, but not otherwise exercise the authority of a peace officer.

3. Not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:

(a) The child initiates contact with the investigator.

(b) The child who is interviewed is the subject of, is the sibling of or is living with the child who is the subject of an abuse or abandonment investigation pursuant to paragraph 4, subdivision (b) of this subsection.

(c) The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.

4. After the receipt of any report or information pursuant to paragraph 2 of this subsection, immediately do both of the following:

(a) Notify the appropriate municipal or county law enforcement agency if they have not already been notified.

(b) Make a prompt and thorough investigation of the nature, extent and cause of any condition that would tend to support or refute the report of child abuse or neglect when investigating allegations pursuant to paragraph 2 of this subsection.  A criminal conduct allegation shall be investigated with the appropriate municipal or county law enforcement agency according to the protocols established pursuant to section 8-817.

5. Take a child into temporary custody as provided in section 8-821. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian pursuant to section 8-821. A child welfare investigator who is responding to or investigating a report containing a criminal conduct allegation shall have the primary responsibility for making the decision whether to take a child into temporary custody.

6. Evaluate conditions created by the parents, guardian or custodian that would support or refute the allegation that the child should be adjudicated dependent. The investigator shall then determine whether any child is in need of child safety services.

7. Identify, promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child and notify appropriate personnel within the department to preclude violations of a court order in the provision of any services.

8. On initial contact with the parent, guardian or custodian of a child who is the subject of an investigation pursuant to this section, provide the parent, guardian or custodian with the allegation received by the department. This paragraph does not require the department to disclose details or information that would compromise an ongoing criminal investigation.

9. Have access to all records and information of the department necessary to carry out this section.

F. Unless a dependency petition is filed, a child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding Saturdays, Sundays and holidays.  If a petition is not filed, the child shall be released to the child's parent, guardian or custodian.

G. In conducting an investigation pursuant to this section, if the investigator is made aware that an allegation of abuse or neglect may also have been made in another state, the investigator shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.

H. The office of child welfare investigations shall submit a report by August 15 each year to the governor, the speaker of the house of representatives, the president of the senate and the secretary of state that includes the following information for the most recently completed fiscal year:

1. The number of DCS reports that involve criminal conduct allegations.

2. The number of joint investigations conducted pursuant to section 8-817.

3. For each case in which a joint investigation did not occur pursuant to section 8-817, the reasons why the joint investigation did not occur.

I. All records gathered or created by the department during an investigation conducted under this section are confidential and shall be protected and released as prescribed in sections 8-807 and 8-807.01, except the department shall not release records if the department determines that the release of these records may compromise an ongoing investigation.

J. Notwithstanding any other law, the office of child welfare investigations is not responsible for conducting the criminal investigation of a criminal conduct allegation.
A.R.S. § 8-1181 — Arizona Code / Title 8 / Chapter 13 / Article 4 / Section 1181
8-1181 Early childhood development and health fund
Status: in_force

8-1181. Early childhood development and health fund

(Caution:  1998 Prop. 105 applies)

A. The early childhood development and health fund is established consisting of funds transferred pursuant to subsection D; federal, state, local and private funds accepted by the board pursuant to 8-1182; and any monies appropriated to the board by the legislature.  The board shall administer the fund.

B. The early childhood development and health fund is divided into the following accounts: the program account, the administrative costs account, the private gifts account, the grant monies account and the legislative appropriations account.

C. Monies in the program, administrative costs, private gifts and grant monies accounts of the fund are not subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

D. Ninety percent of the monies deposited into the early childhood development and health fund pursuant to section 42-3373 shall be deposited into the program account and ten percent of the monies shall be deposited into the administrative costs account.  Administrative costs of the board, including staff compensation, may only be paid from the administrative costs account.  Funds may be transferred by the board from the administrative costs account to the program account, but funds may not be transferred from the program account to the administrative costs account.  Funds may be transferred by the board from the private gifts account and the grant monies account to the administrative costs account to cover the administrative costs of programs and activities undertaken using gift or grant monies.

E. The board may invest any unexpended monies in the fund as provided in title 35, chapter 2. Interest and other income from investments of monies in any account shall be credited to that account except as otherwise provided by law.
A.R.S. § 8-811; Version 2 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 811; Version 2
8-811; Version 2 Hearing process; definitions
Status: in_force

8-811. Hearing process; definitions

(L24, Ch. 127, sec. 5)

A. The department shall notify a person who is alleged to have abused or neglected a child that the department intends to substantiate the allegation in the central registry pursuant to section 8-804 and of that person's right:

1. To receive a copy of the report containing the allegation.

2. To a hearing before the entry into the central registry.

B. The department shall provide the notice prescribed in subsection A of this section by first class mail or by personal service no more than fourteen days after completion of the investigation.

C. A request for a hearing on the proposed finding must be received by the department within twenty days after the mailing or personal service of the notice by the department.

D. The department shall not disclose any information related to the investigation of the allegation except as provided in sections 8-456, 8-807, 8-807.01 and 13-3620.

E. If a request for a hearing is made pursuant to subsection C of this section, the department shall conduct a review before the hearing. The department shall provide an opportunity for the accused person to provide written or verbal information to support the position that the department should not substantiate the allegation. If the department determines that the proposed finding is not supported by a preponderance of the evidence, the department shall amend the information or finding in the report and shall notify the person and a hearing shall not be held.

F. Notwithstanding section 41-1092.03, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection E of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless:

1. The person is a party in a pending civil, criminal or administrative proceeding in which the allegations of abuse or neglect are at issue.

2. The person is a party in a pending juvenile proceeding in which the allegations of abuse or neglect are at issue.

3. A court or administrative law judge has made findings as to the alleged abuse or neglect.

4. A court has found that a child is dependent or has terminated a parent's rights based on an allegation of abuse or neglect.

G. If the court or administrative law judge in a pending proceeding described in subsection F, paragraph 1 or 2 of this section does not make a finding of abuse or neglect and the matter is no longer pending in that forum, the person has a right to a hearing pursuant to subsection F of this section.

H. If the court or administrative law judge in a proceeding described in subsection F of this section has made a finding of abuse or neglect, the finding shall be entered into the central registry as a substantiated report.

I. If the department does not amend the information or finding in the report as prescribed in subsection E of this section, the department shall notify the office of administrative hearings of the request for a hearing not later than five days after completion of the review. The department shall forward all records, reports and other relevant information with the request for hearing within ten days.  The department shall redact the identity of the reporting source before transmitting the information to the office of administrative hearings.

J. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

1. A child who is the victim of or a witness to abuse or neglect is not required to testify at the hearing.

2. A child's hearsay statement is admissible if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

3. The identity of the reporting source of the abuse or neglect shall not be disclosed without the permission of the reporting source.

4. The reporting source is not required to testify.

5. A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.

6. If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse or neglect shall be entered.  On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.

K. On completion of the presentation of evidence, the administrative law judge shall determine if the proposed finding is supported by a preponderance of the evidence. If the administrative law judge determines that the proposed finding is supported by a preponderance of the evidence, the sustained finding shall be entered into the central registry as a substantiated report. If the administrative law judge determines that the proposed finding is not supported by a preponderance of the evidence, the administrative law judge shall order the department to amend the information or finding in the report.

L. When the department is requested to verify pursuant to section 8-807, if the central registry contains a substantiated report about a specific person, the department shall determine if the report was taken after January 1, 1998. If the report was taken after January 1, 1998, the department shall notify the requestor of the substantiated finding. If the report was taken before January 1, 1998, the department shall notify the person of the person's right to request an administrative hearing.  The department shall not send this notification if the person was a party in a civil, criminal or administrative proceeding in which the allegations of abuse or neglect were at issue. The provisions of this section shall apply to the person's appeal.

M. The department shall provide the parent, guardian or custodian who is the subject of the investigation and the person who reported the suspected child abuse or neglect if that person is the child's parent, guardian or custodian with a copy of the outcome of the investigation at one of the following times:

1. If the report is unsubstantiated.

2. If the proposed finding is supported by a preponderance of the evidence but a specific person is not identified as having abused or neglected the child.

3. After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.

4. After a final administrative decision has been made pursuant to section 41-1092.08.

N. For the purposes of this section:

1. "Amend the finding" means to change the finding from substantiated to unsubstantiated.

2. "Amend the information" means to change information identifying the accused of having abused or neglected a child.
A.R.S. § 8-133 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 133
8-133 Fees for division services
Status: in_force

8-133. Fees for division services

A. The division may charge fees for studying and certifying adoption applicants and for providing placement supervision services to cover the costs of providing these services.

B. If an investigation is conducted by an officer of the court, the court may charge a reasonable fee, prescribed by the presiding judge of the juvenile court, to cover the costs of investigation in preadoption investigations pursuant to section 8-105, investigations conducted pursuant to section 8-872 to determine whether permanent guardianship, as an alternative to adoption, is in the best interests of the child, or investigations conducted in a review of permanent guardianship pursuant to section 8-872. The court may waive, reduce or defer this fee if the fee would cause a hardship.
A.R.S. § 8-126 — Arizona Code / Title 8 / Chapter 1 / Article 1 / Section 126
8-126 Licensure and regulation of agencies
Status: in_force

8-126. Licensure and regulation of agencies

The division shall:

1. License agencies on an annual basis subject to renewal. Before issuing a license, the division shall investigate the activities of the agency, its financial stability, the character and training of its personnel and the adequacy of the agency's intended services to ensure the welfare of parents and children using the services of the agency. If the agency meets the standards established by the division, a license shall be issued.

2. Provide for oversight of agencies.

3. Assist the staffs of all agencies by giving advice on methods and procedures.

4. Establish rules for:

(a) Licensing agencies, including professional licensing, and suspending, revoking and denying licenses.

(b) Annual renewal of agency licenses.

(c) The form and content of investigations, reports and studies concerning adoption placements.

(d) Reasonable fees chargeable by the division to agencies for licensure and renewal of licenses.

(e) Reasonable and authorized fees chargeable to any person for services in connection with an adoption and payments, disbursements or commitments of anything of value made or agreed to be made to or for the benefit of a birth parent by any person in connection with an adoption.

(f) Conducting reviews and making reports pursuant to section 8-114, subsection E.
A.R.S. § 8-1161 — Arizona Code / Title 8 / Chapter 13 / Article 2 / Section 1161
8-1161 Responsibilities of regional partnership councils
Status: in_force

8-1161. Responsibilities of regional partnership councils

(Caution:  1998 Prop. 105 applies)

A. Each regional partnership council shall identify the assets available for early childhood development and health programs in its region, including opportunities for coordination and use of other available funding sources.

B. Based on that information, each regional partnership council shall identify and prioritize the unmet need for early childhood development and health programs in its region.

C. Each regional partnership council shall submit a report detailing assets, coordination opportunities and unmet needs to the board biannually. The regional partnership council's needs and assets assessment shall be forwarded to the board for final approval no later than September 1 of each even-numbered year, beginning in 2008.  The board shall have discretion to approve or reject a council's assessment in whole or in part or to require revisions.  The board shall act on all needs and assets assessments no later than October 1 of each even-numbered year, beginning in 2008.

D. Each regional partnership council shall annually develop a regional plan for the expenditure, during the next fiscal year, of funds budgeted by the board pursuant to 8-1184 to meet the needs identified in its region.

1. A regional funding plan may include programs and services to be conducted by the council directly as well as programs and services to be provided by private, public, governmental and faith-based organizations through funding grants.

2. A regional funding plan shall include amounts requested, if any, to complete the regional needs and assets assessments required by this section. These needs and assets assessments may be funded with monies from the program account established pursuant to section 8-1181.

3. Each regional partnership council shall submit its annual regional funding plan to the board for approval no later than January 1 of each year, beginning in 2009.  The board shall have discretion to approve or reject a council's plan in whole or in part or to require revisions.  The board shall act on all regional funding plans no later than February 1 of each year, beginning in 2009.

E. After its regional plan has been approved by the board, each regional partnership council shall conduct the approved programs directly and/or make the approved grants pursuant to section 8-1173.

F. The board may, on a finding of good cause, approve needs and assets assessments and regional funding plans received after the deadlines set forth in this section, including revised assessments or plans re-submitted in response to board action revising or rejecting a submitted assessment or plan.

G. Each regional partnership council shall increase parents' and providers' access to information about early childhood development and health programs.  Methods for meeting this requirement include:

1. Providing information about the programs and services provided by the board, the council and grant recipients.

2. Providing information about existing federal, state, local and private sources of funding available to improve the quality of and access to early childhood development and health programs.

3. Providing support and training for early childhood development and health providers.

4. Informing providers and parents about licensing and other requirements for early childhood development and health providers.

5. Fostering cooperation among early childhood development and health providers in order to increase the number of children and families served and improve outcomes for children and families served.

H. Each regional partnership council may solicit private funds from individuals, corporations and foundations to support its efforts to improve the quality of and access to early childhood development and health programs in its region.  The board must approve any gifts received in response to council solicitations.  Approved gifts shall be deposited into the private gifts account of the early childhood development and health fund pursuant to section 8-1182.
A.R.S. § 8-809.01 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 809.01
8-809.01 Parent, guardian or custodian; rights
Status: in_force

8-809.01. Parent, guardian or custodian; rights

A. On initial contact with a child safety worker, a parent, guardian or custodian under investigation for an allegation of abuse or neglect has the following rights:

1. To be informed of the specific complaint or allegation against that person and that any responses to the complaint or allegation may be used in a subsequent court proceeding.

2. To refuse to cooperate with the investigation or receive child safety services offered pursuant to the investigation. A child may not be temporarily removed based solely on a parent's, guardian's or custodian's refusal to cooperate with the investigation.

3. Unless otherwise ordered by the court, to deny the worker entry into the parent's, guardian's or custodian's home.

4. To respond to allegations either verbally or in writing and to have this information considered in determining if the child requires child safety services.

5. To report a violation of the rights specified in this section without fear of punishment, interference, coercion or retaliation.

6. To appeal determinations made by the department.

7. To seek the advice of an attorney and to have an attorney present when questioned by a worker.

8. Unless otherwise ordered by the court, to refuse to do any of the following:

(a) Sign a release of information document.

(b) Consent to take a drug or alcohol test.

(c) Submit to a mental health evaluation.

9. To receive information about the investigation and the department's decision-making process.

10. To be informed both verbally and in writing of these rights and any parental rights under state law and to provide written acknowledgement of receipt of these rights.

B. If a child safety worker has probable cause to believe that exigent circumstances exist that present an imminent danger to the child, the worker shall take all lawful measures to protect the child pursuant to sections 8-821 and 8-822 before providing the notice of rights pursuant to subsection A of this section.

C. Unless parental rights have been terminated, exigent circumstances exist or as otherwise ordered by the court, a parent, guardian or custodian whose child is placed in the department's custody has the following rights:

1. To not have the child taken into department custody without the department providing the reasons for removal and information supporting the removal.

2. To the extent practicable, be immediately notified verbally or in writing that the child was taken into custody.

3. To receive information on the services available to the child, parent, guardian or custodian and the dependency process and timelines.

4. To have an attorney present or an attorney appointed by the court at all court proceedings.

5. To be timely notified of the date, time and location of all hearings and to participate in all hearings.

6. Whenever possible, to participate in the development of a case plan.

7. To receive services if the child has been removed from the home, including services that facilitate reunification of the family.

8. To maintain contact with the child unless it is determined by the department or court to be harmful to the child's safety or well-being.

9. To be consulted about the child's medical care, education and grooming.

10. To request that the child be returned if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety.

D. The department shall provide information regarding a parent's, guardian's or custodian's rights pursuant to this section and assistance in understanding and enforcing these rights to each parent, guardian and custodian on initial contact with a child safety worker or when there is a change in the child's case plan. The information shall include the telephone number and email address of the department, the department's office of the ombudsman and the ombudsman-citizen aide.

E. If a parent, guardian or custodian believes that the person's rights under this section have been violated, the parent, guardian or custodian or the person's representative may:

1. File a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376.  A formal grievance may be initiated with the ombudsman at any time.

2. Notify the juvenile court in the child's ongoing dependency or severance proceeding, either orally or in writing, that the parent's, guardian's or custodian's rights are being violated and request appropriate equitable relief.  The court shall act on the notification as necessary within its discretion to promote the best interest of the child.

F. The rights provided in this section do not establish an independent cause of action.
A.R.S. § 8-350 — Arizona Code / Title 8 / Chapter 3 / Article 3 / Section 350
8-350 Dangerous offenders; sex offenders; notification to schools; definition
Status: in_force

8-350. Dangerous offenders; sex offenders; notification to schools; definition

A. If a juvenile is adjudicated delinquent for or convicted of a dangerous offense or a violation of section 13-1405, 13-1406, 13-1410 or 13-1417 and the juvenile is placed on probation and is enrolled in school, the court shall notify the school in which the juvenile is enrolled that the juvenile has been adjudicated delinquent or convicted and is on probation. If the juvenile withdraws from the school while on probation and enrolls in a different school, the court shall provide the notice prescribed by this subsection to the new school in which the juvenile is enrolled.

B. Schools may request from the court the criminal history of individual students to determine if a student has been adjudicated delinquent for or convicted of a dangerous offense or a violation of section 13-1405, 13-1406, 13-1410 or 13-1417.

C. The school in which the juvenile is enrolled shall make the information it receives pursuant to this section available to teachers, parents, guardians or custodians on request.

D. For the purposes of this section, "dangerous offense" has the same meaning prescribed in section 13-105.
A.R.S. § 8-804.03 — Arizona Code / Title 8 / Chapter 4 / Article 8 / Section 804.03
8-804.03 DCS information; central registry information; board of fingerprinting
Status: in_force

8-804.03. DCS information; central registry information; board of fingerprinting

Notwithstanding any other law, the department shall provide all DCS information and all information in the central registry established pursuant to section 8-804 that is required by the board of fingerprinting to the board of fingerprinting for the purpose of determining central registry exceptions pursuant to section 41-619.57.
A.R.S. § 8-841 — Arizona Code / Title 8 / Chapter 4 / Article 10 / Section 841
8-841 Dependency petition; service; preliminary orders; hearing
Status: in_force

8-841. Dependency petition; service; preliminary orders; hearing

A. Except as provided in subsection B of this section the department or any interested party may file a petition to commence proceedings in the juvenile court alleging that a child is dependent.

B. An interested party may not file a dependency petition concerning a child who has been adjudicated delinquent and is under the jurisdiction of the juvenile court, who is awaiting delinquency adjudication or disposition or who has been released from the department of juvenile corrections within the previous six months, unless both of the following occur:

1. The interested party contacts the department pursuant to section 8-455 at least fourteen days before filing the petition and provides the department with notice of the intent to file a petition pursuant to this subsection, the allegations contained in the petition and the factual basis supporting the allegations.

2. The interested party affirms in the petition that the requirements of paragraph 1 of this subsection have been met.

C. The petition shall be verified and shall contain all of the following:

1. The name, age and address, if any, of the child on whose behalf the petition is brought.

2. The names and addresses, if known, of both parents and any guardian of the child.

3. A concise statement of the facts to support the conclusion that the child is dependent.

4. If the child was taken into temporary custody, the date and time the child was taken into custody.

5. Whether the department believes that an aggravating circumstance described in section 8-846, subsection D, paragraph 1 exists.

6. A statement whether the child is subject to the Indian child welfare act of 1978 (P.L. 95-608; 92 Stat. 3069; 25 United States Code sections 1901 through 1963).

D. The person who files the petition shall have the petition and a notice served on:

1. The parents and any guardian of the child.

2. The child's guardian ad litem or attorney.

3. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster-adoptive placement.

4. The department if the petition is filed pursuant to subsection B of this section.

E. The notice shall contain all of the following:

1. The name and address of the person to whom the notice is directed.

2. The date, time and place of the hearing on the petition.

3. The name of the child on whose behalf the petition has been filed.

4. A statement that the parent or guardian and the child are entitled to have an attorney present at the hearing and that, if the parent or guardian is indigent and cannot afford an attorney and wants to be represented by an attorney, one will be provided.

5. A statement that the parent or guardian must be prepared to provide to the court at the initial dependency hearing the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.

6. A statement that the hearing may result in further proceedings for permanent guardianship or to terminate parental rights.

7. A statement that as a result of the hearing or further proceedings, the parent or guardian could be placed on the central registry of child abuse and neglect.

F. The petition and notice shall be served on a parent or guardian as soon as possible after the petition is filed and at least five days before the initial dependency hearing if the parent or guardian did not attend the preliminary protective hearing.  If a parent or guardian does attend the preliminary protective hearing, the petition and notice shall be served at the preliminary protective hearing.

G. Except as provided in subsection H of this section, on the filing of the petition, the court may issue any temporary orders necessary to provide for the safety and welfare of the child.

H. If a petition is filed pursuant to subsection B of this section, the court may not issue any temporary orders with respect to the department, including placing the child in the department's legal or physical custody, joining the department as a party or ordering the department to provide any services to the child or the family, without first conducting a hearing.  At the hearing, the court shall take evidence on the request of the department or a party.  The court shall provide the department and a party at least seventy-two hours' written or electronic notice of the hearing and an opportunity to be heard as to any proposed orders.  If the department is provided proper notice and fails to appear, the court may proceed with the hearing.
A.R.S. § 8-388 — Arizona Code / Title 8 / Chapter 3 / Article 7 / Section 388
8-388 Notice of diversion
Status: in_force

8-388. Notice of diversion

If an accused is accepted into a diversion program pursuant to section 8-321, the probation department administering the program shall give the victim notice of the conditions that the accused must comply with in order for the complaint or citation to be adjusted or dismissed.  The notice shall state whether restitution was required and that, on request of the victim, the victim has the right to be notified of the accused's completion of or termination from the program.
A.R.S. § 8-512.02 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 512.02
8-512.02 Comprehensive health plan expenditure authority fund; reversion
Status: in_force

8-512.02. Comprehensive health plan expenditure authority fund; reversion

A. The department shall establish and maintain a comprehensive health plan expenditure authority fund, which is a separate fund to distinguish the department's revenues and the department's expenditures pursuant to section 8-512 from other programs that are funded and administered by the department. The fund shall be used to pay administrative and program costs associated with providing comprehensive medical care, dental care and behavioral health services pursuant to section 8-512. The comprehensive health plan expenditure authority fund consists of:

1. Monies paid by the Arizona health care cost containment system administration pursuant to the contract.

2. Amounts paid by third-party payors.

3. Gifts, donations and grants from any source.

4. Interest on monies deposited in the comprehensive health plan expenditure authority fund.

B. All monies from capitated payments in the comprehensive health plan expenditure authority fund that are unexpended and unencumbered at the end of the fiscal year revert to the state general fund on or before June 30 of the following fiscal year.  The transfer amount may be adjusted to pay nonmedicaid claims incurred by the department.
A.R.S. § 8-842 — Arizona Code / Title 8 / Chapter 4 / Article 10 / Section 842
8-842 Initial dependency hearing; deadlines
Status: in_force

8-842. Initial dependency hearing; deadlines

A. Except as provided in section 8-826, the court shall set the initial dependency hearing within twenty-one days after the petition is filed. If service by publication is required, the court may set an initial dependency hearing within a time period to allow for publication pursuant to the rules of procedure for the juvenile court.

B. At the initial dependency hearing, the court shall:

1. Determine if the parent or guardian is providing the court and the department with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child.

2. Determine that the department is conducting a due diligence search pursuant to section 8-514.07 and attempting to identify and assess placement of 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.

3. If the child has siblings, determine that the department is attempting to identify and assess placement of the child with the child's siblings if this is possible and is in the child's best interests.

C. Unless the court has ordered in-home intervention, the dependency adjudication hearing shall be completed within ninety days after service of the dependency petition.
A.R.S. § 8-509.01 — Arizona Code / Title 8 / Chapter 4 / Article 4 / Section 509.01
8-509.01 Prospective foster parent's blindness; burden of proof; specific written findings; definitions
Status: in_force

8-509.01. Prospective foster parent's blindness; burden of proof; specific written findings; definitions

A. The department may not refuse to license a foster home based on a prospective foster parent's blindness, if the foster home otherwise qualifies for licensure.

B. If a prospective foster parent's blindness is alleged to have a detrimental impact on the operation of the foster home, the person who raises the allegation has the burden of showing by clear and convincing evidence that the prospective foster parent's behavior endangers or is likely to endanger the health, safety or welfare of a child placed with the foster home.

C. If the department denies or limits the licensing of the foster home operated by the prospective foster parent, the department 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. § 8-457 — Arizona Code / Title 8 / Chapter 4 / Article 1 / Section 457
8-457 Service coordination function
Status: in_force

8-457. Service coordination function

A. The department may arrange, provide and coordinate programs and services that protect children and may provide programs and services that achieve and maintain permanency on behalf of the child, strengthen the family and provide prevention, intervention and treatment for abused and neglected children.

B. If a child and the child's family require assistance from the department, all of the following apply:

1. The health and safety of the child is the primary concern.

2. Reasonable efforts must be made to provide the assistance in the method that is least intrusive and least restrictive to the family and that is consistent with the needs of the child.

3. Reasonable efforts must be made to deliver the assistance in a culturally appropriate manner and as close as possible to the home community of the child or family requiring assistance.

C. In addition to the requirements of federal law, the case plan shall:

1. Set appropriate time limits on the services provided.

2. Clearly describe the actions the department might pursue if the family:

(a) Participates in the services outlined in the case plan and does what is required for the child to be safe in the home.

(b) Does not participate in the services outlined in the case plan and does not make the changes required for the child to be safe in the home.

D. The department shall establish procedures to ensure that appropriate services have been initiated as scheduled.

E. In determining if a case should be open for ongoing services, the department shall consider as the primary factors if there exists a present or future risk of harm to any child in the family and if services can mitigate the identified risks.  Based on the investigation of the case and the results of the risk assessment, the department shall determine whether to close the case, offer voluntary child safety services or open a case for ongoing services.

F. If a case will be open for ongoing services, the department shall determine if the services are to be provided in one of the following ways:

1. Through a voluntary agreement with the department.

2. Pursuant to a petition for in-home intervention.

3. Pursuant to a petition for in-home or out-of-home dependence.
A.R.S. § 8-1186 — Arizona Code / Title 8 / Chapter 13 / Article 4 / Section 1186
8-1186 Annual audit
Status: in_force

8-1186. Annual audit

(Caution:  1998 Prop. 105 applies)

A. The board shall cause an annual financial audit to be conducted of each of the board's funds, accounts and subaccounts by an independent certified public accountant within one hundred twenty days after the end of the fiscal year.

B. The board shall immediately file a certified copy of the audit with the auditor general.  The auditor general may make such further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to title 41, chapter 7, article 10.1.  If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.

C. The board shall pay negotiated and approved fees and costs of the certified public accountant and auditor general under this section from the administrative costs account of the early childhood development and health fund established by section 8-1181.