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------------------------------------------ ¦ REFERENCE TITLE: children in foster care ¦ ------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ ------------------------------------------ ¦ HB 2259 ¦ ------------------------------------------ ¦ Introduced by ¦ ¦ Representative Johnson ¦ ------------------------------------------
AN ACT
AMENDING SECTION 8-519, ARIZONA REVISED STATUTES; RELATING TO CHILDREN.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-519, Arizona Revised Statutes, is amended to read:
8-519. Records and reports; access; full disclosure; violation; classification
A. Each child welfare agency shall keep ACCURATE records regarding the children in its care as the division prescribes and shall furnish to the division, upon request, such additional information as the division requires.
B. Upon ON the request of a foster care review board, any record
pertaining to a case assigned to such THAT board, kept by the division or a
child welfare agency, shall be furnished to the board.
C. All records and information NAMES in the possession of the foster care
review board regarding children and their parents or relatives shall be deemed
confidential, and shall be disclosed only pursuant to this article or by order of court.
D. A child welfare agency shall furnish a report of each placement or withdrawal of each child to the division.
E. EACH CHILD WELFARE AGENCY AND CASE MANAGER SHALL FURNISH THE PRIMARY CARE GIVER, FOSTER PARENTS AND BIRTH PARENTS WITH COPIES OF, AND ACCESS TO, ALL INFORMATION KEPT IN THE CHILD'S FILE WITH ALL NAMES REDACTED, INCLUDING INFORMATION RELATING TO HOME VISITS, CASE CONFERENCES OR STAFFINGS, COURT HEARINGS, ASSESSMENTS, INVESTIGATIONS, POLICE REPORTS, CASE NOTES, COMMUNICATIONS, OBSERVATIONS AND ALL FINDINGS PERTAINING TO THE CARE GIVER, FOSTER PARENT AND BIRTH PARENT AND THE CHILD.
F. THE CHILD WELFARE AGENCY AND CASE MANAGER MUST PROVIDE UNRESTRICTED ACCESS TO ALL DOCUMENTS, WITH ALL NAMES REDACTED, RELATING TO A CHILD IN STATE CUSTODY TO THE CHILD'S PRIMARY CARE GIVER, FOSTER PARENT AND BIRTH PARENT WITHIN TWO WEEKS AND PROVIDE COPIES OF THIS INFORMATION TO THEM BY CERTIFIED MAIL WITHIN TWO WEEKS AFTER RECEIVING A WRITTEN REQUEST FOR THIS INFORMATION.
G. IF A PRIMARY CARE GIVER, FOSTER PARENT OR BIRTH PARENT DISAGREES WITH THE OPINIONS AND FINDINGS IN THE CHILD'S FILE, THAT PERSON MAY SUBMIT THE PERSON'S OPINIONS AND FINDINGS IN WRITING BY CERTIFIED MAIL TO THE CHILD WELFARE AGENCY OR CASE MANAGER FOR PERMANENT PLACEMENT IN THE FILE. THIS INFORMATION HAS THE SAME PRIORITY IN THE CHILD'S FILE AS THE ORIGINAL DOCUMENTATION. THE CHILD WELFARE AGENCY AND CASE MANAGER HAVE FIVE BUSINESS DAYS AFTER RECEIVING THE CERTIFIED MAILING TO MERGE THE INFORMATION INTO THE CHILD'S FILE AND MUST DO SO BEFORE A COURT MAY HOLD ANY HEARING ON THE CHILD.
H. A CHILD WELFARE AGENCY EMPLOYEE OR CASE MANAGER WHO CHANGES, MANIPULATES OR DELETES ANY STATEMENT, INFORMATION OR DOCUMENT SUBMITTED PURSUANT TO THIS SECTION IS GUILTY OF A CLASS 2 MISDEMEANOR