Reference Title: expedited adoption

AN ACT
AMENDING SECTIONS 8-101, 8-104, 8-105, 8-106 AND 8-109, ARIZONA REVISED STATUTES; REPEALING SECTION 8-112, ARIZONA REVISED STATUTES; AMENDING TITLE 8, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 8-112; AMENDING SECTIONS 8-113, 8-114, 8-114.01, 8-115 AND 8-116, ARIZONA REVISED STATUTES; AMENDING TITLE 8, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 8-116.01; AMENDING SECTIONS 8-117, 8-127 AND 8-509, ARIZONA REVISED STATUTES; MAKING AN APPROPRIATION; RELATING TO ADOPTION.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-101, Arizona Revised Statutes, is amended to read:

8-101 . Definitions

In this article, unless the context otherwise requires:

1. "Adult" means a person eighteen years of age or older.

2. "Agency" means a person other than the division licensed by the division to place children for adoption, including an attorney or law firm.

3. "Agency placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to an agency pursuant to section 8-107, subsection D, paragraph 1.

4. "Child" means any person under eighteen years of age.

5. "Custody" means a status embodying all of the following rights and responsibilities:

(a) The right to have the physical possession of the child.

(b) The right and the duty to protect, train and discipline the child.

(c) The responsibility to provide the child with food, shelter, education and ordinary medical care, and the authority to consent to surgery or other extraordinary medical care in an emergency.

6. "Direct placement adoption" means an adoption proceeding in which one or more of the requisite consents are given to a particular person pursuant to section 8-107, subsection D, paragraph 2.

7. "Division" means the department of economic security.

8. "INTERESTED PARTY" MEANS ANY PERSON OR AGENCY THAT HAS A LEGITIMATE INTEREST IN THE WELFARE OF A CHILD.

8. 9. "Juvenile court" or "court" means the juvenile division of the superior court except in relation to adult adoptions under section 8-132.

10. "PERMANENT GUARDIAN" MEANS A LEGAL GUARDIAN APPOINTED BY THE COURT PURSUANT TO SECTION 8-525.

9. 11. "Petitioner" includes both petitioners under a joint petition.

Sec. 2. Section 8-104, Arizona Revised Statutes, is amended to read:

8-104 . Venue

A PETITIONER MAY BEGIN adoption proceedings shall be brought in the court of IN the county where the petitioners reside PROSPECTIVE ADOPTIVE PARENT RESIDES OR, IF APPLICABLE, IN THE COUNTY WHERE THE CHILD IS A WARD .

Sec. 3. Section 8-105, Arizona Revised Statutes, is amended to read:

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

A. Before any person PROSPECTIVE ADOPTIVE PARENT may petition to adopt a child the person shall be certified by the court as acceptable to adopt children. A certificate shall be issued only after an investigation conducted by an officer of the court, by an agency or by the division. A written application for certification may SHALL be made directly to the court, to an agency or to the division, in the form and content that REQUIRED BY the court, agency or division may require .

B. The division is not required to accept every application for certification. In determining which applications to accept the division may give priority to applications filed by adult residents of this state who wish to adopt a child who has any of the special needs described 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 , a completed fingerprint card and a physician's statement of the physical health of each applicant, the division, the agency or a person or agency designated by the court 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 division, agency or officer of the court conducting the preadoption certification investigation shall submit the completed fingerprint card, along with the fee prescribed in section 41-1750, subsection J, to the department of public safety which shall provide criminal history record information on the prospective adoptive parents to the person or entity submitting the completed fingerprint card.

D. EACH PERSON FOR WHOM A CRIMINAL BACKGROUND CHECK IS REQUIRED FOR THE PURPOSE OF ADOPTING A CHILD SHALL BE FINGERPRINTED BY THE DIVISION OR 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.

E. 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. The submission of a fingerprint card and the results of a check of official fingerprint records based on such submission.

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

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

F. As soon as the identity of the child to be adopted is known, an investigation and report shall be presented to the court which includes all of the following:

1. Whether the natural parents, if living, are willing that the child be adopted and the reasons for such willingness.

2. Whether the natural parents have abandoned the child or are unfit to have custody of the child.

3. Whether the parent-child relationship has been previously terminated by court action and the circumstances of such termination.

4. The heritage of the child and natural parents and the mental and physical condition of the child and the natural parents.

5. The existing and proposed arrangements as to the custody of the child.

6. The adoptability of the child and the suitability of the child's placement with the applicant.

7. The financial arrangements pertaining to the proposed adoption made by the natural parents, an agency, the division, an attorney or the prospective adoptive parents.

G. F. At no time shall The investigator SHALL NOT reveal to the prospective adoptive parents the identity of a child or the child's parent or parents , and at no time shall the investigator 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. G. Within ninety days after the original application prescribed by subsection A of this section has been accepted, the division or the agency 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 E of this section, which shall include a definite recommendation for certifying the applicant as being acceptable or nonacceptable to adopt children with the reasons for the recommendation.

I. Within ninety days after the court, the division or an agency has acquired information that a child has been placed with a prospective adoptive parent or parents, the division, if it placed the child, an agency, if it placed the child, or an employee of the court, if the child was not placed by the division or an agency, shall investigate and present to the juvenile court the written report required by subsection F of this section, which shall include a definite recommendation for or against certifying the child as being suitable or not suitable for adoption by the prospective adoptive parent or parents and the reasons for the recommendation.

J. The reports required by subsections E and F of this section may be combined into one report at the discretion of the juvenile court.

K. H. The court, upon WITHIN SIXTY DAYS AFTER receiving the investigation report required by subsections E and H G 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 such THE report. The court, upon receiving the investigation report required by subsections F and I of this section, shall certify the child as being suitable or not suitable for adoption by the prospective adoptive parent or parents subject to the investigation report and recommendations of such report. A certification shall remain REMAINS in effect for one year 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 which would adversely affect the acceptability of the applicant to adopt . or the suitability of the child to be adopted by the prospective adoptive parent or parents. Upon the filing of a petition by the prospective adoptive parent or parents to adopt a child, the certification of such persons shall expire. Such persons must be again certified in order to petition for adoption of any other child.

L. I. The court in its discretion may require additional investigation if it finds that the welfare of the child would be served by such investigation or if additional information is necessary upon ON which to make an appropriate decision regarding certification.

M. J. Any applicant who has been certified as nonacceptable may petition the court to review such certification. Notice shall be given to all interested parties and the matter shall be heard by the court, which may affirm or reverse the certification.

N. K. If the applicant is certified as nonacceptable, he or she THE APPLICANT may not reapply for certification to the court, to any agency or to the division for one year thereafter .

O. L. The division shall maintain a central adoption registry which shall include 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 therein , the names of all children under the jurisdiction of the division who are currently available for adoption, the names of any other children currently available for adoption whose names are voluntarily entered therein IN THE REGISTRY by any agency, parent or other person having WHO HAS the right to give consent to the child's adoption, and such other information as the division 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 such assurances as the division may require that the information sought is in furtherance of adoptive placements and that confidentiality of the information is preserved.

P. M. This section does not apply if:

1. The prospective adoptive parent is the spouse of the natural OR LEGAL parent of the child to be adopted or is an uncle, aunt , ADULT SIBLING or grandparent of the child of the whole or half-blood or by marriage and the child is not a ward of the court OR ADOPTION .

2. The natural 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 natural OR LEGAL parent during the twenty-four months before the death of the parent.

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

N. IF THE APPLICANT HAS ADOPTED A CHILD WITHIN THREE YEARS PRECEDING THE CURRENT APPLICATION AND IS APPLYING TO ADOPT ANOTHER CHILD OR IS A FOSTER PARENT WHO IS LICENSED BY THIS STATE, THE DIVISION OR AGENCY 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 OR LICENSING REPORT. 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 OR LICENSING REPORT.

Q. O. In cases not requiring preadoption certification PURSUANT TO SUBSECTION M OF THIS SECTION , a criminal records check with the department of public safety and a records check with the division regarding any history of child welfare referrals shall be conducted and submitted as part of the social study required under section 8-112.

Sec. 4. Section 8-106, Arizona Revised Statutes, is amended to read:

8-106 . Consent to adoption; who shall consent; waiver; consent to the release of information; notification to potential fathers

A. No THE COURT SHALL NOT GRANT AN adoption of a child shall be granted unless consent to adopt has been obtained and filed with the court from the following:

1. The child's birth or adoptive mother, if living.

2. The child's father if any of the following is true:

(a) The father was married to the child's mother at the time of conception or at any time between conception and the child's birth UNLESS ANOTHER MAN'S PATERNITY IS ESTABLISHED PURSUANT TO TITLE 25, CHAPTER 6, ARTICLE 1 .

(b) The father has adopted the child.

(c) The father's paternity is established under title 25, chapter 6, article 1 or section 36-322.

3. A child who is twelve years of age or older and who gives consent in open court.

4. Any guardian of the person of the child appointed by a court and given authority by it to consent to the child's adoption.

5. An agency or the division which has been given consent to place the child for adoption by the parent or parents whose consent would be necessary under paragraph 1 or 2 of this subsection, or which has been given authority in other legal proceedings to place the child for adoption.

6. The guardian of any adult parent for whom a guardian is currently appointed.

B. It is not necessary for a person to obtain consent to adopt from the following:

1. An adult parent for whom a guardian is currently appointed.

2. A parent whose parental rights have been terminated by court order.

3. A parent who has previously consented to an agency's or the division's placement of the child for adoption.

4. A person whose consent is not required under subsection A of this section.

C. The minority of the child or parent shall not affect the child's or parent's competency to give consent in the instances set forth in this section.

D. A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence.

E. An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 shall obtain from a birth parent giving consent at the time consent for adoption is obtained a notarized statement granting or withholding consent for the child adopted PERMISSION FOR THE CHILD BEING ADOPTED to:

1. Obtain identifying information about the child and the consenting birth parent on reaching twenty-one years of age. The agency, division or attorney shall inform the birth parent at the time of obtaining the notarized statement that the decision to grant or withhold consent PERMISSION may be changed at any time by filing a notarized statement with the court and the agency, division or attorney who THAT obtained the original notarized statement.

2. Grant or withhold consent to Be informed of the death of the child adopted , AND the date and the cause of death.

F. A notarized affidavit signed by the mother listing all potential fathers shall be filed with the court. The affidavit shall attest that all of the information contained in the affidavit is complete and accurate.

G. Notice shall be served on each potential father as provided for the service of process in civil actions. The notice shall inform the potential father of all of the following:

1. The adoption is planned.

2. The potential father's right to consent or withhold consent to the adoption.

3. The potential father's responsibility to initiate paternity proceedings under title 25, chapter 6, article 1, within thirty days of completion of service.

4. The potential father's right to seek custody.

5. The potential father's responsibility to begin to provide financial support for the child if paternity is established.

6. The potential father's failure to file a paternity action pursuant to title 25, chapter 6, article 1, within thirty days of completion of the service of the notice prescribed by this section , bars the potential father from bringing or maintaining any action to assert any interest in the child.

H. A mother may apply to the court for permission to omit her address from the affidavit and from the notice to potential fathers. The court shall grant this request if the mother shows to the court's satisfaction this is necessary to protect her safety.

Sec. 5. Section 8-109, Arizona Revised Statutes, is amended to read:

8-109 . Petition to adopt; contents

A. A petition for adoption shall be verified by the petitioner and shall specify:

A. ANY INTERESTED PARTY MAY FILE A PETITION TO ADOPT. THE PETITION SHALL SPECIFY:

1. The full names, ages and place of residence of the petitioner PROSPECTIVE ADOPTIVE PARENT and , if married, the date and place of marriage and the relationship if any to the child.

2. The fact That a certificate of acceptability to adopt the child has been issued in favor of the petitioner PROSPECTIVE ADOPTIVE PARENT and the date of its issuance OR THE REASON PREADOPTION CERTIFICATION IS NOT REQUIRED .

3. The date when the petitioner PROSPECTIVE ADOPTIVE PARENT acquired custody of the child and from what person or agency, or, if not in custody, the present custodial circumstances.

4. The date and place of birth of the child.

5. The name of the child or the fictitious name to be used in the proceedings and, if a change of name is desired, the name.

6. That it is the desire of the petitioner PROSPECTIVE ADOPTIVE PARENT to adopt the child.

7. A full description and statement of the value of all property owned or possessed by the child.

8. WRITTEN CONSENT TO ADOPT BY THE DIVISION IF THE CHILD BEING ADOPTED IS A COURT WARD OR any reason that consent need not be given.

9. Full disclosure of any fees or anything of value given or paid to any person or organization in connection with the adoption of the child.

B. Any written consent required by this article may be attached to the petition or may be filed after the filing of the petition at or prior to BEFORE the hearing.

Sec. 6. Repeal

Section 8-112 , Arizona Revised Statutes, is repealed.

Sec. 7. Title 8, chapter 1, article 1, Arizona Revised Statutes, is amended by adding a new section 8-112, to read:

8-112 . Social studies; requirements

A. THE DIVISION, AGENCY OR QUALIFIED PERSON DIRECTED BY THE COURT SHALL CONDUCT AND SUBMIT A SOCIAL STUDY TO THE COURT TEN DAYS BEFORE THE HEARING ON THE PETITION TO ADOPT. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE COURT MAY ORDER AN ADDITIONAL SOCIAL STUDY OR WAIVE THE SOCIAL STUDY IF IT DETERMINES THAT THIS IS IN THE CHILD'S BEST INTERESTS BECAUSE OF SPECIAL CIRCUMSTANCES.

B. EXCEPT AS PROVIDED IN SUBSECTION D OR E, THE SOCIAL STUDY SHALL INCLUDE THE FOLLOWING:

1. THE SOCIAL HISTORY, HERITAGE AND MENTAL AND PHYSICAL CONDITION OF THE CHILD AND THE CHILD'S NATURAL PARENTS.

2. THE CHILD'S CURRENT PLACEMENT IN THE PROSPECTIVE ADOPTIVE PARENT'S HOME AND THE CHILD'S ADJUSTMENT TO THAT HOME.

3. THE PROSPECTIVE ADOPTIVE PARENT'S SUITABILITY TO ADOPT.

4. THE EXISTING AND PROPOSED ARRANGEMENTS REGARDING THE CHILD'S CUSTODY.

5. ANY FINANCIAL ARRANGEMENT CONCERNING THE PROPOSED ADOPTION MADE BY THE NATURAL PARENTS, THE DIVISION, AN AGENCY, AN ATTORNEY OR THE PROSPECTIVE ADOPTIVE PARENTS.

6. A STATE AND FEDERAL CRIMINAL RECORDS CHECK OF THE PROSPECTIVE ADOPTIVE PARENT AND EACH ADULT WHO IS LIVING PERMANENTLY WITH THE PROSPECTIVE ADOPTIVE PARENT EXCEPT A NATURAL OR LEGAL PARENT WITH CUSTODY OF THE CHILD.

7. A CENTRAL REGISTRY RECORDS CHECK WITH THE DIVISION OF THE PROSPECTIVE ADOPTIVE PARENT AND EACH ADULT WHO IS LIVING PERMANENTLY WITH THE PROSPECTIVE ADOPTIVE PARENT.

8. ANY OTHER INFORMATION THAT IS PERTINENT TO THE ADOPTION PROCEEDINGS.

C. THE SOCIAL STUDY CONDUCTED PURSUANT TO SUBSECTION A IS PART OF THE CASE FILE AND SHALL CONTAIN A DEFINITE RECOMMENDATION FOR OR AGAINST THE PROPOSED ADOPTION AND THE REASONS FOR THAT RECOMMENDATION.

D. THE SOCIAL STUDY CONDUCTED PURSUANT TO SUBSECTION A MAY CONSIST ONLY OF THE RESULTS OF THE STATE AND FEDERAL CRIMINAL RECORDS CHECK AND THE CENTRAL REGISTRY RECORDS CHECK CONDUCTED PURSUANT TO SUBSECTION B IF EITHER OF THE FOLLOWING IS TRUE:

1. THE PROSPECTIVE ADOPTIVE PARENT IS THE CHILD'S STEPPARENT WHO HAS BEEN LEGALLY MARRIED TO THE CHILD'S NATURAL OR LEGAL PARENT FOR AT LEAST ONE YEAR AND THE CHILD HAS RESIDED WITH THE STEPPARENT AND PARENT FOR AT LEAST ONE YEAR.

2. THE PROSPECTIVE ADOPTIVE PARENT IS THE CHILD'S ADULT SIBLING, BY THE WHOLE OR HALF BLOOD, OR THE CHILD'S AUNT, UNCLE OR GRANDPARENT AND THE CHILD HAS RESIDED WITH THE PROSPECTIVE ADOPTIVE PARENT FOR AT LEAST ONE YEAR.

E. IF THE CHILD BEING CONSIDERED FOR ADOPTION HAS RESIDED WITH THE PROSPECTIVE ADOPTIVE PARENT FOR AT LEAST SIX MONTHS AND THE PROSPECTIVE ADOPTIVE PARENT EITHER HAS ADOPTED A CHILD OR WAS APPOINTED THE PERMANENT GUARDIAN OF THE CHILD WITHIN THREE YEARS PRECEDING THE CURRENT APPLICATION, OR IS A FOSTER PARENT WHO IS LICENSED BY THIS STATE, THE SOCIAL STUDY CONDUCTED PURSUANT TO SUBSECTION A MAY CONSIST ONLY OF THE FOLLOWING:

1. THE RESULTS OF THE CENTRAL REGISTRY RECORDS CHECK CONDUCTED PURSUANT TO SUBSECTION B.

2. A REVIEW OF ANY MATERIAL CHANGES IN CIRCUMSTANCES THAT HAVE OCCURRED SINCE THE PREVIOUS ADOPTION, PERMANENT GUARDIANSHIP OR LICENSE RENEWAL THAT AFFECT THE PROSPECTIVE ADOPTIVE PARENT'S ABILITY TO ADOPT THE CHILD OR FOR THE CHILD TO BE PLACED IN THE PROSPECTIVE ADOPTIVE PARENT'S HOME.

Sec. 8. Section 8-113, Arizona Revised Statutes, is amended to read:

8-113 . Removal from home; expedited hearings; probationary period; investigations

A. A child who has been placed in a certified adoptive home by any agency or the division may SHALL not be removed from the home except upon ON order of the juvenile court. The agency or the division may request a hearing for removal before the juvenile court, and in such cases, a hearing shall be held not less than ten days after notice has been given to the certified prospective adoptive parent or parents.

B. Nothing contained in This section shall DOES NOT prohibit petitioners PROSPECTIVE ADOPTIVE PARENTS from voluntarily returning any child to the placing agency or the division or shall DOES NOT prevent the removal of a child under the provisions of PURSUANT TO section 8-821 or 8-802.

C. Except as provided in this subsection AND SUBSECTIONS E AND F OF THIS SECTION , the hearing on the petition shall not be held until at least six months after the petition has been filed, during which period the child shall be IS subject to further investigation by the person or agency required to do the social study required in PURSUANT TO section 8-105. The court shall hold an expedited hearing if it determines pursuant to a motion supported by a sworn affidavit filed with the court that this is in the child's best interests and any of the following is true:

1. The child is suffering from a chronically debilitating, progressive or fatal disease as diagnosed by a licensed physician.

2. The child is in the custody of the division, or an agency licensed by the state to place children, and has been placed by court order in the home of a licensed foster parent as defined in section 8-501 for one year or more, prior to the filing of the motion, provided the foster parent in whose home the child has resided for one year or more has filed a petition to adopt the child.

3. The child is in the custody of the division, or an agency licensed by the state to place children, and placed by court order in the home of a guardian or relative as defined in section 8-501 for one year or more, prior to the filing of the motion, provided that the guardian or relative in whose home the child has resided for one year or more has filed a petition to adopt the child.

4. The child has resided in the home of the natural parent or legal parent and his stepparent for one year or more, prior to the filing of the motion, provided the stepparent has filed a petition to adopt the child and the natural parent and the stepparent have been married for one year or more.

5. 2. A prospective adoptive parent, natural parent or legal parent is terminally ill, as diagnosed by a licensed physician.

6. 3. The court finds other compelling reasons relating to the special needs and welfare of the child to expedite the hearing.

D. During the probationary period or any extension thereof , petitioners PROSPECTIVE ADOPTIVE PARENTS who have complied with the provisions of this chapter shall have the following rights and responsibilities with respect to the child:

1. The right to physical custody of the child unless the child is removed by order of the juvenile court after notice and A hearing.

2. The right to consent to necessary medical procedures for the child.

3. The right to consent to participation in social and athletic activities for the child.

4. The responsibility to provide proper care and support for the child in addition to that already provided by the placing agency or division.

E. THE COURT SHALL HOLD A FINAL ADOPTION HEARING WITHIN SIXTY DAYS AFTER THE PETITION IS FILED UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:

1. THE PROSPECTIVE ADOPTIVE PARENT IS THE CHILD'S STEPPARENT WHO HAS BEEN LEGALLY MARRIED TO THE CHILD'S NATURAL OR LEGAL PARENT FOR AT LEAST ONE YEAR AND THE CHILD HAS RESIDED WITH THE STEPPARENT AND PARENT FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE FILING OF THE PETITION TO ADOPT.

2. THE PROSPECTIVE ADOPTIVE PARENT IS THE CHILD'S ADULT SIBLING, BY THE WHOLE OR HALF BLOOD, OR THE CHILD'S AUNT, UNCLE OR GRANDPARENT AND THE CHILD HAS RESIDED WITH THE PROSPECTIVE ADOPTIVE PARENT FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE FILING OF THE PETITION TO ADOPT.

3. THE CHILD IS IN THE CUSTODY OF THE DIVISION OR AN AGENCY LICENSED BY THIS STATE TO PLACE CHILDREN FOR ADOPTION AND HAS BEEN PLACED IN THE HOME OF A FOSTER PARENT OR A RELATIVE AS DEFINED IN SECTION 8-501 OR IN THE PERMANENT GUARDIAN'S HOME FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE FILING OF THE PETITION TO ADOPT.

4. THE CHILD WAS PLACED IN THE PROSPECTIVE ADOPTIVE PARENT'S HOME BY COURT ORDER AND RESIDED IN THAT HOME FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE FILING OF THE PETITION TO ADOPT.

F. THE COURT SHALL HOLD A FINAL ADOPTION HEARING WITHIN THREE MONTHS AFTER THE PETITION IS FILED UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:

1. THE CHILD IS IN THE CUSTODY OF THE DIVISION OR AN AGENCY LICENSED BY THIS STATE TO PLACE CHILDREN FOR ADOPTION AND HAS BEEN PLACED IN THE HOME OF A FOSTER PARENT OR RELATIVE AS DEFINED IN SECTION 8-501 OR IN THE PERMANENT GUARDIAN'S HOME FOR A LEAST SIX MONTHS IMMEDIATELY PRECEDING THE FILING OF THE PETITION TO ADOPT.

2. THE CHILD IS IN THE CUSTODY OF THE DIVISION OR AN AGENCY LICENSED BY THIS STATE TO PLACE CHILDREN FOR ADOPTION AND WAS UNDER SIX MONTHS OF AGE WHEN THE PETITIONER FILED THE PETITION TO ADOPT.

3. THE CHILD WAS PLACED IN THE PROSPECTIVE ADOPTIVE PARENT'S HOME BY COURT ORDER AND RESIDED IN THAT HOME FOR AT LEAST SIX MONTHS IMMEDIATELY PRECEDING THE FILING OF THE PETITION TO ADOPT.

G. IF EITHER SUBSECTION E OR F OF THIS SECTION APPLIES, THE PETITIONER SHALL FILE A NOTIFICATION OF THIS FACT WITH THE PETITION TO ADOPT.

H. THE COURT SHALL POSTPONE A HEARING SCHEDULED TO BE HELD PURSUANT TO THIS SECTION IF THE COURT HAS NOT RECEIVED THE RESULTS OF THE CRIMINAL RECORDS CHECK AT LEAST FORTY-EIGHT HOURS BEFORE THE FINAL HEARING IS SCHEDULED. THE COURT SHALL RESCHEDULE THE HEARING WITHIN TWENTY-ONE DAYS AFTER IT RECEIVES THE RESULTS.

I. THE COURT OR THE PETITIONER MAY POSTPONE THE FINAL HEARING UP TO SIXTY DAYS TO GIVE NOTICE TO ANY INTERESTED PARTY OR FOR OTHER GOOD CAUSE.

Sec. 9. Section 8-114, Arizona Revised Statutes, is amended to read:

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 AT LEAST ONE THOUSAND DOLLARS TOWARD the living expenses of a birth parent shall petition the court to permit such payment. Upon the filing of such 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 OF AT LEAST ONE THOUSAND DOLLARS the person 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 AN ADDITIONAL five hundred dollars may be advanced for birth parent living expenses prior to the hearing. 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 his THE ATTORNEY'S services in connection with an adoption only such amounts as THE AMOUNT the court approves as being reasonable and necessary.

E. Not fewer than sixty TEN days before a petition to adopt a child is heard, the petitioner shall file with the court and the division a verified accounting in the form specified by the COURT rules or regulations of the division of all fees, payments, disbursements or commitments of anything of value made or agreed to be made by the petitioner PROSPECTIVE ADOPTIVE PARENT or for the benefit of the petitioner PROSPECTIVE ADOPTIVE PARENT 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 division shall file with the court, not fewer than ten days before the petition is heard, a review of the accounting required in subsection E. The review shall contain recommendations to The court to 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.

Sec. 10. Section 8-114.01, Arizona Revised Statutes, is amended to read:

8-114.01 . Monies paid to or for parent; interstate adoption placements

A. A sending agency located in this state or an attorney licensed to practice in this state assisting in a direct placement adoption shall , not more than thirty days after a petition to adopt a child is heard, SHALL provide to the interstate compact on the placement of children under chapter 5, article 4 of this title a verified accounting, in a form specified by the COURT rules of the division , of all payments, disbursements or commitments of anything of value made or agreed to be made by the prospective adoptive parent to or for the benefit of the birth parent in connection with the adoption. The accounting shall include costs for medical and hospital care, examinations for the mother and child, counseling fees, legal fees and agency fees. If the mother and child have received medical services pursuant to title 36, chapter 29, not including coverage SERVICES made available to persons defined as eligible under section 36-2901, paragraph 4, subdivisions (d), (e), (f) and (g), the sending agency or an attorney licensed to practice in this state assisting in a direct placement adoption shall include this information in its verified accounting.

B. The interstate compact on the placement of children under chapter 5, article 4 of this title , shall notify the state bar for OF noncompliance of WITH subsection A of this section on the part of an attorney licensed to practice in this state assisting in a direct placement adoption.

C. This section does not apply to placements or adoptions made by the division.

Sec. 11. Section 8-115, Arizona Revised Statutes, is amended to read:

8-115 . Hearing; procedure; record; evidence

A. Petitions filed under this article shall be heard by The court and such hearing shall be SHALL HOLD A HEARING ON A PETITION FILED PURSUANT TO THIS ARTICLE IN as informal A MANNER as the requirements of due process and fairness permit. The petitioner PROSPECTIVE ADOPTIVE PARENT , the spouse of a petitioner PROSPECTIVE ADOPTIVE PARENT and the child to be adopted shall attend unless the court orders otherwise. Only such other persons shall be admitted to the hearing as the court shall find to have a direct interest in the case before the court. Any such person so admitted shall not disclose any information secured at the hearing. THE COURT SHALL ONLY ALLOW PERSONS WHO HAVE A DIRECT INTEREST IN THE CASE TO ATTEND THE HEARING. A PERSON WHO ATTENDS A HEARING SHALL NOT DISCLOSE ANY INFORMATION ABOUT THE HEARING. The court may require the presence of such other witnesses as it deems necessary.

B. The court's findings shall be based upon COURT SHALL MAKE ITS FINDINGS BASED ON a preponderance of the evidence. The court may consider any and all reports required by this article or ordered by the court pursuant to this article.

Sec. 12. Section 8-116, Arizona Revised Statutes, is amended to read:

8-116 . Court order; contents; form

If after the hearing and consideration of all the evidence, the court is satisfied that the requirements of this article have been met and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. The order may change the LAST name of the child to that of the petitioner ADOPTIVE PARENT . The WRITTEN order of the court shall be in writing and shall recite INCLUDE the findings of fact upon ON which such order is IT based ITS ORDER , including findings pertaining to the court's jurisdiction and findings of fact as to the date and place of birth of the child being adopted based upon ON the best available evidence. If the exact place of birth is unknown, the order shall include the information that is known and designate a place of birth according to the best information known with respect AS to the country of origin. If the exact date of birth is unknown, the order shall contain findings of fact establishing ESTABLISH a date of birth based on the medical evidence as to the probable age of the child and other evidence the court considers appropriate. Such THE order shall be IS conclusive and binding on all persons from the date of ITS entry subject to appeal as provided in section 8-236.

Sec. 13. Title 8, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 8-116.01, to read:

8-116.01 . Agreements regarding communications

A. THE PARTIES TO A PROCEEDING UNDER THIS CHAPTER MAY ENTER INTO AN AGREEMENT REGARDING COMMUNICATION WITH A CHILD ADOPTEE, THE ADOPTIVE PARENTS AND A BIRTH PARENT.

B. AN AGREEMENT IS NOT ENFORCEABLE UNLESS THE AGREEMENT IS IN WRITING AND IS APPROVED BY THE COURT. THE COURT SHALL NOT APPROVE AN AGREEMENT UNLESS THE AGREEMENT IS APPROVED BY THE PROSPECTIVE ADOPTIVE PARENTS, ANY BIRTH PARENT WITH WHOM THE AGREEMENT IS BEING MADE AND, IF THE CHILD IS IN THE CUSTODY OF THE DIVISION OR AN AGENCY, A REPRESENTATIVE OF THE DIVISION OR AGENCY.

C. AN AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL STATE THAT THE ADOPTIVE PARENT MAY TERMINATE CONTACT BETWEEN THE BIRTH PARENT AND THE ADOPTIVE CHILD AT ANY TIME IF THE ADOPTIVE PARENT BELIEVES THAT THIS CONTACT IS NOT IN THE CHILD'S BEST INTERESTS.

D. THE COURT SHALL NOT APPROVE THE AGREEMENT UNLESS THE COURT FINDS THAT THE COMMUNICATION BETWEEN THE CHILD ADOPTEE, THE ADOPTIVE PARENTS AND A BIRTH PARENT IS IN THE CHILD'S BEST INTERESTS. THE COURT MAY CONSIDER THE WISHES OF A CHILD WHO IS AT LEAST TWELVE YEARS OF AGE.

E. AN AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION IS ENFORCEABLE EVEN IF IT DOES NOT DISCLOSE THE IDENTITY OF THE PARTIES TO THE AGREEMENT.

F. FAILURE TO COMPLY WITH AN AGREEMENT THAT HAS BEEN APPROVED PURSUANT TO THIS SECTION IS NOT GROUNDS FOR SETTING ASIDE AN ADOPTION DECREE OR FOR REVOCATION OF A WRITTEN CONSENT TO AN ADOPTION DECREE OR RELINQUISHMENT OF PARENTAL RIGHTS.

G. THE COURT RETAINS JURISDICTION AFTER THE DECREE OF ADOPTION IS ENTERED TO HEAR MOTIONS BROUGHT TO ENFORCE OR MODIFY AN ORDER ENTERED PURSUANT TO THIS SECTION. BEFORE FILING A MOTION, THE PARTY SEEKING TO ENFORCE OR MODIFY AN ORDER SHALL MAKE A GOOD FAITH ATTEMPT TO MEDIATE THE DISPUTE. THE COURT SHALL NOT ENFORCE OR MODIFY AN ORDER UNLESS THE PARTY FILING THE MOTION HAS MADE A GOOD FAITH ATTEMPT TO MEDIATE THE DISPUTE.

H. THE COURT MAY ORDER A MODIFICATION OF AN AGREEMENT APPROVED PURSUANT TO THIS SECTION IF IT FINDS THAT THE MODIFICATION IS NECESSARY TO SERVE THE BEST INTERESTS OF THE CHILD ADOPTEE AND ONE OF THE FOLLOWING IS TRUE:

1. THE MODIFICATION IS AGREED TO BY THE ADOPTIVE PARENTS.

2. EXCEPTIONAL CIRCUMSTANCES HAVE ARISEN SINCE THE AGREEMENT WAS APPROVED THAT JUSTIFY MODIFICATION OF THE AGREEMENT.

I. THE COURT MAY CONSIDER THE WISHES OF A CHILD WHO IS AT LEAST TWELVE YEARS OF AGE IN DETERMINING WHETHER TO ORDER A MODIFICATION PURSUANT TO SUBSECTION H.

J. EVERY AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL CONTAIN A CLAUSE STATING THAT THE PARTIES AGREE TO THE CONTINUING JURISDICTION OF THE COURT TO ENFORCE AND MODIFY THE AGREEMENT AND THAT THEY UNDERSTAND THAT FAILURE TO COMPLY WITH AN AGREEMENT APPROVED PURSUANT TO THIS SECTION IS NOT GROUNDS FOR SETTING ASIDE AN ADOPTION DECREE OR FOR REVOCATION OF A WRITTEN CONSENT TO AN ADOPTION DECREE OR RELINQUISHMENT OF PARENTAL RIGHTS.

Sec. 14. Section 8-117, Arizona Revised Statutes, is amended to read:

8-117 . Rights under adoption order

A. Upon ON entry of the decree of adoption, the relationship of parent and child and all the legal rights, privileges, duties, obligations and other legal consequences of the natural relationship of child and parent shall thereafter exist EXISTS between the adopted person CHILD and the adoptive petitioner the same PARENT as though the child were born to the adoptive petitioner PARENT in lawful wedlock. The adopted child shall be IS entitled to inherit real and personal property from and through the adoptive petitioner PARENT and the adoptive petitioner shall be PARENT IS entitled to inherit real and personal property from and through the adopted child the same as though the child were born to the adoptive petitioner PARENT in lawful wedlock.

B. Upon ON entry of the decree of adoption, the relationship of parent and child between the adopted person CHILD and the persons who were his THE CHILD'S parents just prior to BEFORE the decree of adoption shall be IS completely severed and all the legal rights, privileges, duties, obligations and other legal consequences of the relationship shall cease to exist, including the right of inheritance . , except that where

C. IF the adoption is by the spouse of the child's parent, the relationship of the child to such THAT parent shall remain REMAINS unchanged by the decree of adoption.

Sec. 15. Section 8-127, Arizona Revised Statutes, is amended to read:

8-127 . Services of county attorney; court fees; exception

A. The county attorney of the county in which the petitioner PROSPECTIVE ADOPTIVE PARENT resides, shall, OR, IF APPLICABLE, THE COUNTY WHERE THE CHILD IS A WARD OF THE COURT, upon application of the person or persons seeking adoption, SHALL prepare the adoption petition and act as attorney without expense to the petitioner PROSPECTIVE ADOPTIVE PARENT . If an adoption is made through an adoption agency licensed pursuant to this title, the agency shall prepare the petition for adoption and shall submit it to the county attorney. If the petition is contested the county attorney may, with the consent of the court, MAY withdraw from further representation of any party to the proceeding and the petitioner PROSPECTIVE ADOPTIVE PARENT shall at his own expense employ counsel. A filing fee established pursuant to section 12-284 shall be paid to the clerk of the court in adoption proceedings. Any person contesting any adoption proceeding shall pay a fee established pursuant to section 12-284 to the clerk of the court.

B. Notwithstanding the provisions of subsection A of this section, the county attorney :

1. Shall not prepare a petition or act as the attorney for a petitioner PROSPECTIVE ADOPTIVE PARENT seeking adoption pursuant to section 8-132.

2. IS NOT REQUIRED TO ACT AS AN ATTORNEY FOR THE PROSPECTIVE ADOPTIVE PARENT CONCERNING THE ENFORCEMENT OR MODIFICATION OF AN AGREEMENT ENTERED INTO PURSUANT TO SECTION 8-116.01.

Sec. 16. Section 8-509, Arizona Revised Statutes, is amended to read:

8-509 . Licensing of foster homes; renewal of license; provisional license

A. The division shall license and certify foster homes. Licenses shall be ARE valid for a period of one year.

B. No THE DIVISION SHALL NOT ISSUE A license shall be issued without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8-503.

C. No THE DIVISION SHALL NOT RENEW A license shall be renewed without satisfactory proof that the foster parent or parents have completed six actual hours of approved ongoing foster parent training as set forth in section 8-503.

D. Notwithstanding the requirements of subsections B and C of this section, if the division determines a condition of hardship to the foster parent or parents, the division may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.

E. Child welfare agencies that wish to submit foster homes for licensing shall conduct an investigation of the foster home according PURSUANT to the standards of LICENSING RULES OF the division. The division shall conduct such investigations of all other foster homes. If the foster home meets all requirements set by the division, the agency shall submit an application stating the foster home's qualifications to the division. The agency may also recommend the types of licensing and certification to be granted to the foster home.

F. THE DIVISION SHALL ACCEPT AN ADOPTIVE HOME CERTIFICATION STUDY AS A LICENSING HOME STUDY IF THE STUDY HAS BEEN UPDATED WITHIN THE PAST THREE MONTHS TO INCLUDE THE INFORMATION NECESSARY TO DETERMINE WHETHER THE HOME MEETS FOSTER CARE LICENSING STANDARDS.

F. G. The provisions of this section shall not apply when the child is placed in a home by a means other than by court order and when the home receives no compensation from the state or any political subdivision of the state.

G. H. No person operating a licensed foster home THE DIVISION shall be prohibited NOT PROHIBIT A PERSON OPERATING A LICENSED FOSTER HOME from applying for or receiving compensation as a foster home parent solely on the basis of his DUE TO employment with the state of Arizona.

Sec. 17. Reappropriation; review savings; purpose

A. Of the monies appropriated for fiscal year 1999-2000 to the department of economic security for the children services line item in Laws 1999, first special session, chapter 1, section 29, the savings attributable to expedited adoption processes in fiscal year 1999-2000 as reviewed by the joint legislative budget committee are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations until July 1, 2001 and are transferred to the department of economic security from the state general fund in fiscal year 2000-2001 for contracted adoption services.

B. The department of economic security shall determine the savings attributable to the expedited adoption process in this act and submit a report to the joint legislative budget committee on or before March 31, 2000 requesting the savings to be transferred. The joint legislative budget committee shall review the savings and determine the amount to be transferred on or before June 30, 2000.

Sec. 18. Appropriations; purpose; exemption

A. The sum of $100,000 is appropriated from the state general fund to the department of economic security in fiscal year 2000-2001 for contracted adoptive home recruitment.

B. The sum of $200,000 is appropriated from the state general fund to the department of economic security in fiscal year 2000-2001 for contracted severance social studies, prospective adoptive parent training and adoption transition services.

APPROVED BY THE GOVERNOR MAY 19, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.