Assigned to FS FOR COMMITTEE

ARIZONA STATE SENATE

Phoenix, Arizona

FACT SHEET FOR H.B. 2554

delinquent juvenile facilities

Purpose

Establishes a children's bill of rights for children residing in child welfare agencies. Prescribes policies for delinquent juvenile residential care facilities.

Background

Last year Nicholas Contreras died from severe physical neglect while in the care of Arizona Boy's Ranch. Like many children in similar facilities, Mr. Contreras was a resident of another state and had been placed at Boy's Ranch without any provision for ongoing monitoring by the placing agency. Following his death, DES investigated the circumstances surrounding his admission and treatment at Boy's Ranch and learned that despite chronic asthma and other complaints about his physical well-being, Mr Contreras was subject to abusive and cruel punishments and physical stressors, had never received a thorough physical examination while at the agency, was not visited by anyone from the agency that had placed him at Boy's Ranch, and was not permitted to have any private communications with family members or his probation officer while at Boy's Ranch.

The proposed legislation targets the rights of any child who is placed with a child welfare agency for residential care, and is designed to avoid the pattern of neglect that led to the death of Mr. Contreras. The legislation raises some concern that it will tie the hands of agencies who work with potentially dangerous juvenile offenders. The Senate version of this bill, S.B. 1302, was held in both committees to which it was assigned, Judiciary and Family Services.

Child welfare agencies are licensed by the Department of Economic Security (DES). These licenses are renewed annually. According to DES, the fiscal impact of this legislation will be minimal since compliance with its requirements can be verified during regular licensing inspections.

Provisions

Provisions Relating to All Residential Child Welfare Agencies

1. Provides that every child placed with a child welfare agency has a right to:

· Freedom from abuse, neglect or cruel, unusual or corporal punishment by staff or other children.

· Humane, clean and safe physical environment.

· Communication and visits.

FACT SHEET H.B. 2554 Page

· Clothing and personal property.

· Access to a complaint or grievance process.

· Public education.

· Participation in religious, cultural and recreational opportunities.

· Physical examination upon admission or within 45 days prior to admission, if it is in the child's best interest to have a physical exam.

· Monthly visits by representatives of the placing agency's case manager.

Provisions Relating to Delinquent Juvenile Residential Facilities

2. Provides that each agency providing residential care to children who have been adjudicated delinquent shall:

· Provide a safe, humane and clean physical environment

· Establish written policies that provide for:

· Zero tolerance for abuse, maltreatment or cruel or unusual corporal punishment.

· Communication and visits.

· Clothing and personal property for the child.

· Publicly supported educational services.

· Participation in religious, cultural and recreational opportunities.

· Grievance procedures for complaints brought by children and their parents.

· Establish a written plan for meeting emergency physical and mental health needs of resident juveniles, including a physical examination of the child upon admission or within 45 days prior to admission, if in the child's best interest.

· Establish a written service plan with the placing agency for each resident juvenile that includes monthly visits from case managers.

3. Contains a general effective date.

House Action

CFIDS 2/9/99 DPA 5-0-0-1-0

HS 2/11/99 DP 4-0-0-2-0

3rd Read 59-0-1-0

Prepared by Senate Staff

March 12, 1999

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