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          House Engrossed
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  State of Arizona
  House of Representatives
  Forty-fifth Legislature
  First Regular Session
  2001
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     HOUSE BILL 2555
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AN ACT

AMENDING TITLE 8, CHAPTER 5, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 8-515.05; RELATING TO FOSTER CARE.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 8, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 8-515.05, to read:

8-515.05. Removal of child from foster parent's home; requirements; notification; review

A. UNLESS A CHILD IS REMOVED FROM A FOSTER PARENT, EXCLUDING A SHELTER CARE PROVIDER AND RECEIVING FOSTER PARENT, TO PROTECT THE CHILD FROM HARM OR RISK OF HARM OR TO PLACE A CHILD IN A PERMANENT PLACEMENT, THE DEPARTMENT SHALL INFORM THE FOSTER PARENT OF THE DEPARTMENT'S INTENT TO REMOVE A CHILD AND PLACE THE CHILD IN ANOTHER FOSTER CARE PLACEMENT. THE DEPARTMENT SHALL INFORM THE FOSTER PARENT OF THE SPECIFIC REASON FOR THE CHILD'S PLANNED REMOVAL FROM THE FOSTER PARENT.

B. IF THE FOSTER PARENT DISAGREES WITH THE PLAN TO REMOVE THE CHILD AND PLACE THE CHILD IN ANOTHER FOSTER HOME PLACEMENT, THE DEPARTMENT SHALL CONVENE A CASE CONFERENCE TO REVIEW THE REASONS FOR THE REMOVAL. THE FOSTER PARENT AND A MEMBER OF THE FOSTER CARE REVIEW BOARD SHALL PARTICIPATE IN THE CASE CONFERENCE. THE FOSTER PARENT MAY INVITE A REPRESENTATIVE TO ACCOMPANY THE FOSTER PARENT TO THE CASE CONFERENCE.

C. THE DEPARTMENT SHALL PROVIDE NOTICE TO THE FOSTER PARENT AND TO THE FOSTER CARE REVIEW BOARD OF THE TIME, DATE AND LOCATION OF THE CASE CONFERENCE TO REVIEW THE PLANNED REMOVAL. THE CASE CONFERENCE SHALL BE HELD WITHIN SEVENTY-TWO HOURS OF PROVIDING NOTICE, EXCLUDING WEEKENDS AND HOLIDAYS. THE CHILD SHALL REMAIN IN THE CURRENT PLACEMENT PENDING THE OUTCOME OF THE CASE CONFERENCE.

D. IF THE DECISION MADE AT THE CASE CONFERENCE IS TO REMOVE THE CHILD FROM THE FOSTER HOME AND THE CHILD:

1. IS IN THE COURT ORDERED PHYSICAL CUSTODY OF THE FOSTER PARENT, A FOSTER CARE REVIEW BOARD MEMBER SHALL PROVIDE A RECOMMENDATION TO THE COURT REGARDING THE REMOVAL OF THE CHILD PRIOR TO THE CHANGE OF PHYSICAL CUSTODY. THE CHILD SHALL REMAIN IN THE CURRENT PLACEMENT PENDING A COURT ORDER FOR REMOVAL.

2. IS NOT IN THE PHYSICAL CUSTODY OF THE FOSTER PARENT, THE FOSTER PARENT SHALL BE ADVISED OF THE DEPARTMENT'S CONFLICT RESOLUTION PROCESS. THE DEPARTMENT SHALL EXPEDITE THE CONFLICT RESOLUTION PROCESS. THE CHILD SHALL REMAIN IN THE CURRENT PLACEMENT PENDING THE OUTCOME OF THE CONFLICT RESOLUTION PROCESS.