ARIZONA STATE SENATE
Phoenix, Arizona
foster care; determinations;
prior wards
Expands
and consolidates judicial determination time frames for dependency cases.
Expands and conforms judicial determination standards and elements. Modifies
standards for aggravating circumstances. Adds prospective adoptive and
foster-adoptive parents to notice requirements. Eliminates the income standard
for Young Adult Transitional Insurance (YATI).
Laws
1998, Chapter 276 established procedures for juvenile courts to expedite
dependency hearings, commonly known as Model Court. The federal Adoption and Safe Families Act (ASFA) incorporated
similar but not identical provisions.
Federal rules governing funding to states for implementation of ASFA and
Title IV-E of the Social Security Act has been substantially revised over the
past few years. The juvenile courts have not conducted dependency hearings
consistently statewide. This legislation incorporates judicial determinations
and respective time frames that are required by federal rules, adds standards
for decisions and updates terminology.
There are some substantive
changes included in the bill. A parent
not expressing interest in reunification becomes a reason for not providing
services, instead of being one of several factors that the courts consider.
Referencing Arizona Revised Statutes on murder and manslaughter as an
aggravating circumstance eliminates court consideration of similar crimes
committed in other states, nations or territories. The bill also eliminates the
income standard for YATI, which covers former foster children who are age 18
through 20. The current standard is 200
percent of the federal poverty level, which is $16,700 for a single youth under
the 2000 guideline.
The fiscal impact of the
various provisions of this bill is unknown.
Time Frames for Judicial Determinations
1. Establishes a separate section for judicial determinations that must be made within specified time frames:
a)
In
the first court order that sanctions removal for “contrary to the welfare of
the child to remain in the home.”
b)
Within
60 days after removal for “reasonable efforts to prevent removal” or
“reasonable to make no efforts to prevent removal.”
c)
Within
12 months after removal, and every 12 months thereafter, for “reasonable
efforts to finalize the permanency plan.”
2. Replaces the requirement for an initial permanency hearing with the requirement for a judicial determination of reasonable efforts to finalize the permanent plan within 12 months.
3. Eliminates permanency hearing continuations.
Revised Judicial Determinations
4. Expands applicability of statutes on return of a child to include all circumstances except temporary custody. The standard for temporary custody is “clearly necessary,” while the standard for all other types of custody is “substantial risk of harm.”
5. Requires the court to order the Department of Economic Security to provide reasonable reunification services unless there are aggravating circumstances, as specified.
6. Requires the court to include in the written order the specific factual basis for each determination, considering documentation that is reasonably available at the time.
7. Allows the court to issue temporary orders for the safety and welfare of the child when the dependency petition is filed.
8. Changes the type of plan for the child that the court reviews at the dependency hearing from the initial case plan to the permanent plan.
9. Expands the reasonable efforts judicial determinations to include efforts to finalize the permanent plan rather than efforts to reunify.
Aggravating Circumstances
10. Replaces the presumption that reunification services should not be provided with reunification services not being required, when there are aggravating circumstances.
11. Elevates a parent not expressing interest in reunification to being an aggravating circumstance. Currently it is one of several factors to be considered.
12. Changes the time frame for a parent or guardian suffering from a mental illness or mental deficiency to become capable of adequately caring for a child, from within 12 months after the date of the dependency finding to within 12 months after the date of the child’s removal from the home.
13. Adds references to the Arizona Revised Statutes for convictions of murder or manslaughter, which eliminate convictions in other jurisdictions as an aggravating circumstance.
Other
14. Requires the court to provide notice of review hearings to a person who has petitioned to adopt the child or who is the child’s foster-adoptive parent.
15. Eliminates the income standard for a youth to be eligible for medical coverage under Young Adult Transitional Insurance.
16. Contains technical and conforming changes.
17. Provides for a general effective date.
Prepared by Senate Staff
January 16, 2001