-----------------------------
  Senate Engrossed House Bill
 -----------------------------
  State of Arizona
  House of Representatives
  Forty-fifth Legislature
  First Regular Session
  2001
 -----------------------------
      HOUSE BILL 2001
 -----------------------------
 

AN ACT

AMENDING SECTION 8-526, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 36, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-3623.01; RELATING TO FAMILY OFFENSES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 8-526, Arizona Revised Statutes, is amended to read:

8-526. Child welfare; reporting requirements

A. The department shall compile the following information on a semiannual basis ending March 31 and September 30 of each year:

1. The total number of reports received, by major category and by priority. The report shall include a description of some of those incoming communications determined not to meet the criteria of a report as chosen by a random sample.

2. The number of reports not responded to, by priority, by county and statewide. The report shall include a description of some of these cases as chosen by random sample.

3. The number of reports responded to by priority and by major category, by county and statewide.

4. The number of reports with a substantiated finding after investigation, by priority, by county and statewide, that resulted in:

(a) The case being closed after an investigation.

(b) In-home services being provided after an investigation.

(c) Out-of-home services being provided after an investigation.

5. THE NUMBER OF NEWBORN INFANTS DELIVERED TO SAFE HAVEN PROVIDERS PURSUANT TO SECTION 13-3623.01.

5. 6. The number of direct client service positions that are vacant at the end of the reporting period.

6. 7. The number and percentage of children who have remained in a shelter or receiving home for more than twenty-one consecutive days, by the child's age group.

7. 8. The number and type of licensed foster homes and the number of licensed and available spaces in those homes.

8. 9. The number and type of licensed foster homes that leave the foster care system and the reason for the exit.

9. 10. The number of licensed foster homes that receive the required visitation by case managers pursuant to section 8-516.

10. 11. The number of children placed in the care, custody and control of the department at the end of the reporting period and the number of these children who receive the required visitation by case managers pursuant to section 8-516.

11. 12. The number and percentage of children who are in the care, custody and control of the department at the end of the reporting period and who are in out-of-home placement and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Case plan goal.

(d) Type of out-of-home placement.

(e) Length of time in out-of-home placement of less than thirty days, thirty-one days to twelve consecutive months, twelve to twenty-four consecutive months and more than twenty-four consecutive months.

12. 13. If the case plan is to return the child to the parent, the percentage of parents who receive the required contact by case managers.

13. 14. The number and percentage of children who left the custody of the department during the reporting period by reason for leaving care and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Number of placements.

(d) Average length of time in care.

14. 15. The number and percentage of children with a case plan goal of adoption and who are not placed in an adoptive home at the end of the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Average length of time in care.

(d) Legal status.

15. 16. The number and percentage of children with a case plan goal of adoption and who are placed in an adoptive home at the end of the reporting period and as categorized by:

(a) Age.

(b) Ethnicity.

(c) Average length of time in out-of-home placement.

(d) Length of time from change of case plan goal to adoptive placement.

(e) Legal status.

16. 17. The number of children whose adoptions were finalized during the reporting period and as categorized by:

(a) Average length of time in out-of-home placement before adoptive placement.

(b) Average length of time in adoptive placement before the final order of adoption.

B. Within three months after the end of each reporting period the department shall submit a written report in as brief a format as possible to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the house human services committee, the chairperson of the senate family services committee, or their successor committees, and the cochairpersons of the joint legislative committee on children and family services. The department shall submit a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records.

Sec. 2. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3623.01, to read:

13-3623.01. Safe haven for newborn infants; definitions

A. A PERSON IS NOT GUILTY OF ABUSE OF A CHILD PURSUANT TO SECTION 13-3623, SUBSECTION B SOLELY FOR LEAVING AN UNHARMED NEWBORN INFANT WITH A SAFE HAVEN PROVIDER.

B. IF A PARENT OR AGENT OF A PARENT VOLUNTARILY DELIVERS THE PARENT'S NEWBORN INFANT TO A SAFE HAVEN PROVIDER, THE SAFE HAVEN PROVIDER SHALL TAKE CUSTODY OF THE NEWBORN INFANT IF BOTH OF THE FOLLOWING ARE TRUE:

1. THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE NEWBORN INFANT.

2. THE SAFE HAVEN PROVIDER REASONABLY BELIEVES THAT THE CHILD IS A NEWBORN INFANT.

C. THE SAFE HAVEN PROVIDER SHALL REPORT RECEIPT OF A NEWBORN INFANT TO CHILD PROTECTIVE SERVICES OF THE DEPARTMENT OF ECONOMIC SECURITY AS SOON AS PRACTICABLE AFTER TAKING CUSTODY OF THE NEWBORN INFANT. CHILD PROTECTIVE SERVICES SHALL INCLUDE THE NUMBER OF NEWBORN INFANTS DELIVERED TO SAFE HAVEN PROVIDERS PURSUANT TO SECTION 8-526.

D. A PARENT OR AGENT OF A PARENT WHO LEAVES A NEWBORN INFANT WITH A SAFE HAVEN PROVIDER MAY REMAIN ANONYMOUS, AND THE SAFE HAVEN PROVIDER SHALL NOT REQUIRE THE PARENT OR AGENT TO ANSWER ANY QUESTIONS. A SAFE HAVEN PROVIDER SHALL OFFER WRITTEN INFORMATION ABOUT INFORMATION AND REFERRAL ORGANIZATIONS.

E. A SAFE HAVEN PROVIDER WHO RECEIVES A NEWBORN INFANT PURSUANT TO THIS SECTION IS NOT LIABLE FOR ANY CIVIL OR OTHER DAMAGES FOR ANY ACT OR OMISSION BY THE SAFE HAVEN PROVIDER IN MAINTAINING CUSTODY OF THE NEWBORN INFANT IF THE SAFE HAVEN PROVIDER ACTS IN GOOD FAITH WITHOUT GROSS NEGLIGENCE.

F. THIS SECTION DOES NOT PRECLUDE THE PROSECUTION OF THE PERSON FOR ANY OFFENSE BASED ON ANY ACT NOT COVERED BY THIS SECTION.

G. FOR THE PURPOSES OF THIS SECTION:

1. "NEWBORN INFANT" MEANS AN INFANT WHO IS SEVENTY-TWO HOURS OLD OR YOUNGER.

2. "SAFE HAVEN PROVIDER" MEANS ANY OF THE FOLLOWING:

(a) A FIREFIGHTER WHO IS ON DUTY.

(b) AN EMERGENCY MEDICAL TECHNICIAN WHO IS ON DUTY.

(c) A STAFF MEMBER AT A HEALTH CARE INSTITUTION THAT IS CLASSIFIED BY THE DEPARTMENT OF HEALTH SERVICES PURSUANT TO SECTION 36-405 AS A HOSPITAL OR AN OUTPATIENT TREATMENT CENTER.

(d) A STAFF MEMBER AT ANY OF THE FOLLOWING THAT POSTS A PUBLIC NOTICE THAT IT IS WILLING TO ACCEPT A NEWBORN INFANT PURSUANT TO THIS SECTION:

(i) A PRIVATE CHILD WELFARE AGENCY LICENSED PURSUANT TO TITLE 8, CHAPTER 5, ARTICLE 1.

(ii) AN ADOPTION AGENCY LICENSED PURSUANT TO SECTION 8-126.

(iii) A CHURCH. FOR PURPOSES OF THIS ITEM, "CHURCH" MEANS A BUILDING THAT IS ERECTED OR CONVERTED FOR USE AS A CHURCH, WHERE SERVICES ARE REGULARLY CONVENED, THAT IS USED PRIMARILY FOR RELIGIOUS WORSHIP AND SCHOOLING AND THAT A REASONABLE PERSON WOULD CONCLUDE IS A CHURCH BY REASON OF DESIGN, SIGNS OR ARCHITECTURAL OR OTHER FEATURES.