ARIZONA STATE SENATE

RESEARCH STAFF

 

BARBARA GUENTHER

LEGISLATIVE  RESEARCH ANALYST

FAMILY SERVICES COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

 

TO:                  MEMBERS OF THE SENATE

                        HEALTH COMMITTEE        

 

DATE:             March 22, 2001

 

SUBJECT:       Strike Everything Amendment to H.B. 2063

                                                                                                                                                           

           

 

Purpose

 

            Restricts voluntary placement of children and requires the Department of Economic Security (DES) to provide services specified in a case plan that is formulated within ten days of placement.

 

Background

 

When an investigation reveals conditions that place a child at risk of harm but it appears that the family could remedy the conditions within 90 days, DES can accept a child into voluntary placement with written consent of the child’s parent, guardian or custodian.  If the child is age 12 or older, the child must also agree to the placement.  The voluntary placement does not constitute abandonment, abuse or dependency and cannot be used against the parent in judicial proceedings.  A child cannot be accepted into voluntary placement for more than two periods within 24 consecutive months unless a dependency action is pending.

 

As Model Court expanded into Maricopa County, some constituents expressed concern that voluntary placements may be used to avoid the extra workload of expedited case planning and service delivery under Model Court.  Case workers have also complained that parents and caregivers unable to access behavioral health services without the assistance of the State may be inappropriately using voluntary placements to obtain services.

 

The strike-everything amendment restricts voluntary placements to those situations in which services to the family are likely to resolve problems within 90 days and requires DES to assist the family in obtaining services.

 

Provisions

 

1.      Prohibits DES from accepting a child into voluntary placement unless DES can provide services necessary to remedy the situation placing the child at risk of harm within 90 days.

 

2.      Requires DES to develop the child’s case plan within ten days of placement.

 

3.      Specifies that the case plan goal is to either return the child home within 90 days or for the family to find a safe alternative placement within 90 days.

 

4.      Prescribes that the case plan include services necessary to assure the safety of the child when the child returns home or is alternatively placed.

 

5.      Requires DES to share the case plan with the voluntary placement provider.

 

6.      Requires DES to provide or contract with a service provider to provide the services in the case plan.

 

7.      Requires DES to inform parents or alternative placement providers of available services and eligibility requirements for those services.

 

8.      Requires DES to assist parents or alternative placement providers with applications for services.

 

9.      Provides for a general effective date.

 

BG/ac