House of Representatives

SB 1072

foster care; determinations; prior wards

Sponsors: Sen. Solomon, Hellon;

Rep. Hershberger, Huffman

DP	Committee on Human Services
DPA	Committee on Judiciary
DPA	Caucus and COW
x	As Transmitted to the Governor

SB 1072 makes numerous statutory changes in regard to the following subject areas: court and judicial determinations; initial and permanency related determinations, hearings and reviews; the process for return of a dependent child; reunification services provided to a child and family; and the definition of an eligible person ages 18-21 receiving AHCCCS benefits.

Provisions

· Eliminates the permissive ability of the court to order DES to provide reunification services in preliminary protective hearings and initial dependency hearings if these services would not be in the best interests of the child.

· Stipulates that if a child has been removed from the home, then the court shall make determinations within certain time periods as follows:

· The first order sanctioning the child’s removal – a determination if the child’s continued residence in the home would be contrary to the welfare of the child.

· Within 60 days of removal – a determination if reasonable efforts have been made to prevent removal of the child, or if it was reasonable to make no efforts to prevent removal of the child.

· Within twelve months of removal and once every twelve months thereafter – a determination whether reasonable efforts have been made to finalize the existing permanency plan.

· Requires the court to make each determination on a case-by-case basis, taking into account any reasonably available documentation, with the written order containing the specific factual basis for each determination.

· Allows the court to issue any temporary orders necessary to provide for the safety and welfare of a child when a dependency petition has been filed.

· Stipulates that the court shall review the permanent plan that has been established for a child as part of a disposition hearing.

· Restructures language regarding services provided to children and families and strikes language pertaining to determining reasonable reunification and the testimony of competent professionals on the behavior of parents or guardians.

· Specifies that reunification services are not required to be provided if the court finds by clear and convincing evidence that one or more of a list of aggravating circumstances exist. Current statute states that services should not be provided if any of a list of circumstances exist.

· Specifies that if a parent has expressed no interest in reunification with the child for at least three months after a dependency has been filed, this is considered an aggravating circumstance and reason for unification services not to be provided.

· States that if a child has been removed from a home in which the parent or guardian is perpetually suffering from mental health problems and the parent is unlikely to be able to care for the child within twelve months of the removal (currently within twelve months of the disposition order), this also is considered an aggravating circumstance.

· Expands the list of aggravating circumstances to include language involving manslaughter or sexual crimes against children.

· Stipulates that as part of a periodic review hearing, a notice shall also be sent to any person who has filed a petition to adopt or who has physical custody as part of a court order in a foster-adoptive placement.

· Strikes language pertaining to initial permanency when returning a child to a parent or guardian.

· Stipulates that after the temporary custody hearing, on request of a parent or guardian the court shall return the child accordingly.

· States that the court shall hold a permanency hearing within twelve months of the child’s removal from the home, and that the court shall not continue the hearing after twelve months unless a continuance is sought in the prescribed statutory manner.

· Specifies that the court shall determine at the permanency hearing whether reasonable efforts have been made to finalize the permanency plan in effect.

· Modifies the definition of eligible person

· Makes technical and conforming changes.

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· 45th Legislature

· First Regular Session 3 May 8, 2001

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