ARIZONA STATE SENATE
Phoenix, Arizona
foster care; removal of
child
(NOW: removal of
child; foster care)
Prohibits the Department of Economic Security (DES) from moving a child from one foster care placement to another, with specified exceptions, without approval of the current foster parent or the juvenile court unless a case conference and conflict resolution process are completed.
The foster care system developed to provide temporary, safe, stable homes for children while their families participated in services designed to overcome dysfunctional behavior, reduce the risk of harm to the children and stabilize the family. A generally recognized principle in child welfare is that lack of stability in foster care is often more harmful that lack of stability in the family of origin. The longer a child remains in foster care, the more likely it is that the child will experience multiple foster care placements. There has been extensive legislation over the past several years to expedite dependency and permanency processes to reduce the length of time a child spends in foster care. Less attention has been paid to reducing the number of foster care placements per child.
The bill adds a process that must be completed before a child may be moved from one foster placement to another, with exceptions. The process is not required for a move from a shelter or receiving home, and it is not required if the child is being removed due to risk of harm to the child, to reunite siblings, or to place a child in a permanent placement, kinship foster care, the least restrictive environment, a therapeutic placement or pursuant to the Indian Child Welfare Act (ICWA). The bill requires DES to inform the current foster parent of plans to move the child and allows the current foster parent to request a case conference to review reasons for the move. Notice and due process rights are included. If the placement is court-ordered, the Foster Care Review Board (FCRB) and the juvenile courts are included in the process. The child remains in the current placement until resolution of the decision.
The fiscal impact associated with the bill has not been determined.
1. Requires DES, with exceptions, to inform a foster parent before DES moves a child to another foster care placement of the specific reason for removal.
2. Permits removal without notice when removal is to protect the child, to reunite siblings, for permanent placement, or to place a child in the least restrictive environment, a therapeutic placement or pursuant to ICWA.
3. Excludes shelters and receiving foster homes from requiring prior notice.
4. Requires a foster parent who disagrees with the move to inform DES within 24 hours of being informed of the plan to move the child.
5. Requires DES to hold a case conference to review the reasons for removal if a foster parent disagrees with the planned removal, within 72 hours of the foster parent informing DES of the disagreement.
6. Requires the foster parent and a member of the FCRB who participates in a removal review team to participate in the case conference.
7. Requires DES to provide notice of the case conference to the foster parent and the FCRB.
8. Requires the FCRB member to make a recommendation to the court regarding the removal after the case conference if the placement was court-ordered.
9. Requires DES to advise the foster parent of and expedite the conflict resolution process if the placement is not court-ordered.
10. Requires the child to remain in the current placement pending the outcome of the case conference and either a court order for removal or the outcome of the conflict resolution process.
11. Provides for a general effective date.
Amendments
Adopted in Committee
1. Clarifies that the provisions only apply to licensed foster parents.
2. Adds situations for which notice is not required prior to moving a child.
3. Establishes a time frame for a foster parent to object to a plan to move a child.
4. Requires the FCRB member to be a participant in a removal review team.
HS 2/20/01 DPA/SE 9-1-0-0-0 FS 4/4/01 DPA 6-0-0
3rd Read 3/13/01 33-23-4-0
Prepared by Senate Staff
March 19, 2001